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Thursday, November 11, 2021

Syllabus

Syllabus (pronounce sil-a-bis)

(1) In the Roman Catholic Church, a formally issued list.

(2) In education, a summary of topics which will be covered during an academic course, or a text or lecture.

(3) In law reports, the headnote of a reported case containing a summary of the the points of law determined, prefixed to a reported case.

1650s: From the Medieval Latin syllabus (list) which actually arose as a misprint, its accusative plural syllabos appearing in place of sittybas (or perhaps sittubas) in an edition of Cicero's Ad Atticum (Letters to Atticus), printed during the 1470s.  The corrupt form was influenced by the stem of the Ancient Greek συλλαμβάνω (sullambánō) (put together), source of σλλβή (sullab) (syllable); the true etymon is σιττύβα (sittúba) (parchment label; table of contents”) of unknown origin.  As was not unknown with medieval errors of transcription, the name stuck and it too came to mean "a label for a papyrus roll" before morphing into its current usual meaning (an outline or other brief statement of the main points of a discourse, the subjects of a course of lectures, the contents of a curriculum), a shift established by the mid seventeenth century.  Had it been a real word, the proper plural would be syllabi.  Syllabus is a noun; the noun plural is syllabi or syllabuses.

Mean Girls (2004): Now on the syllabus.

Since the 1980s, there has been criticism of some of the more novel courses which have appeared on University syllabuses.  While there has always been something of a hierarchy in the perception of the intellectual robustness demanded by various courses (physics, engineering and such higher on most pecking orders than social work, media studies, gender studies etc) such has been the emergence of what’s regarded as academic promiscuity (some say prefer prostitution) that the term “Mickey Mouse courses” was coined to describe some of the newest entries.  The use of “Mickey Mouse” as a pejorative is an example of dysphemism (an expression with connotations derogatory either about the subject matter or to the audience) and was from the French dysphémisme, modelled on euphémisme (euphemism), modified by the substitution of the prefix dys-, from the Ancient Greek δυσ- (dus-) (expressing the idea of difficulty, or bad status).  Interestingly, in Australia, “Mickey Mouse” was also used as a slang form meaning “very good”, apparently as a form of rhyming slang (“Jack Lang in the local parlance”) based on “full house”, a most desirable hand in poker.  The use operated as late as the 1960s in parallel with “Mickey Mouse” meaning “poor quality” attributed to the cheap, unreliable (and fake) Mickey Mouse watches which were sold in great quantity during World War II (1939-1945).

In some cases, the criticism is probably unfair because university economics departments coining the term “Swiftonomics” to describe the micro-economic effect on regional economies of Taylor Swift’s (b 1989) tour seems something most suitable for students to study.  It would be the ideal template as a case study; not only does her tour have a beginning, a middle and an end but it would offer something onto which could be mapped most of the tools of social and economic analysis including the dreaded econometrics which most of us regard as having “a marginal propensity to confuse”.  Boston’s Northeastern University is taking Swiftonomics most seriously.  At least the reaction to the announcement of Swiftonomics wasn’t as cruel as a course in the sociological importance of football being dismissed as “David Beckham studies” and something designed to attract enrolments from paying students rather than a “real” course of study.

Mean Girls has appeared on a number of syllabuses and objectively, there’s no reason why the same tools of deconstruction and analysis used of any of the texts more traditionally part of university course shouldn’t be used and Mean Girls content has been noted in fields such as media studies, cultural studies, gender studies and film studies.  In 2015, Colorado College attracted attention for offered a Mean Girls themed class in which 13 students could gain credits for exploring the "motives behind why women seek authority and the actions they are willing to take in order to hold onto it."  Once can see why the department choose Mean Girls to dissect that sort of realpolitik and the course included structural comparisons with tales from Greek mythology.  Those who are snobby about the so-called “Mickey Mouse” courses on syllabuses and blame it on a decline in standards should recall astrology and alchemy once appeared on the degree rolls of many respectable institutions.

Pius IX, modernity and the Syllabus of Errors

Thou shalt not: Pope Pius IX

Most famous syllabus to emerge from the Vatican was that issued by Pope Pius IX (Giovanni Maria Mastai Ferretti, 1792–1878; pope 1846-1878) in 1864 as Syllabus Errorum (Syllabus of Errors), a usefully comprehensive list of the faults of modernity in which His Holiness listed eighty propositions he condemned erroneous.  Though controversial, even today, it is by the standards of the Holy See a pleasingly brief document and defines a coherent world-view in a few pages; some subsequent pronouncements from Rome have been more verbose and said less.  The pontificate of Pius IX remains the longest in history.  Since the election of Pope Francis (b 1936; pope since 2013), Pius IX has attracted a new audience of admirers, in the curia and beyond.  This is at least in part because of the certainty of his positions and the unambiguity in his words.  His most memorable quotes are succinct:

Liberal Catholics are the worst enemies of the Church.  If a future Pope teaches anything contrary to the Catholic Faith, do not follow him.

However, there can be consequences for those who decide not to follow a pope thought to be teaching things “contrary to the Catholic faith”.  In November 2023, it was announced Pope Francis had sacked (“removed from the pastoral care of the diocese” as the Holy See puts such things) US Bishop Joseph Strickland (b 1958; Bishop of the Diocese of Tyler, Texas 2012-2023) and appointed an interim apostolic administrator.  Whether related or not, the announcement was made only a couple of days after the Vatican’s Dicastery for the Doctrine of the Faith (the DDF, the latest name for the Inquisition) issued a statement confirming an adult who identifies as transgender can receive the sacrament of Baptism under the same conditions as any adult, as long as “there is no risk of causing scandal or confusion to other Catholics”.  To clarify the matter, the DDF added that children or adolescents experiencing transgender identity issues may also receive Baptism “if well prepared and willing”.  This remarkable statement was one of several answers to sacrament-based questions relating to those who identify as transgender or are in same-sex relationships which were generated in response to questions to the DDF posed in July 2023 by Bishop José Negri (b 1959; Bishop of Santo Amaro, Sao Paulo, Brazil since 2015).  All such statements from the Vatican (especially those which in any way touch on LGBTQQIAAOP issues) must be assessed as part of the pope’s response to the recent sessions of the Synod on Synodality and of great interest was the response about whether transgender-identifying people or those in homosexual relationships (1) can be godparents or (2) witness a marriage and (3) whether children adopted or born through assisted reproduction to same-sex couples can be baptised.  To that last matter the DDF quoted the relevant section of the Code of Canon law, saying “For the child to be baptised there must be a well-founded hope that he or she will be educated in the Catholic religion”.  Lambeth Palace would have been proud of a fudge like that but it anyway means transgender-identifying people can be baptized and witness marriages.

Bishop Strickland (appointed to his position in 2012 by Benedict XVI (1927–2022; pope 2005-2013, pope emeritus 2013-2022)) is said to be one of the WWJD (what would Jesus do?) school and on 12 May 2023 had tweeted (ie to the whole world) “I believe Pope Francis is the pope, but it is time for me to say that I reject his program of undermining the Deposit of Faith.  Follow Jesus."  It would have been a nice touch had he’d added “Follow Pius IX” but he resisted that temptation.  The tweet was enough for the Vatican to launch an investigation, in response to which on more than one occasion Bishop Strickland asserted he would not voluntarily resign.  The investigation was remarkably quick by the standards of the Holy See and early in November a spokesman for the Archdiocese of Galveston-Houston revealed the tribunal had advised His Holiness “the continuation in office of Bishop Strickland was not feasible.”  The pope requested the bishop resign but he declined, thus the rare sacking.

In many ways, it’s not the sacking (though rare) which is remarkable but that it took so long to happen.  Strickland had long argued the Roman Catholic Church has become “weak” under Francis and openly challenged the pope to dismiss him, something which observers of the Vatican suspect might have happened some time ago had not Benedict lived as long as he did.  Just to make sure however, shortly after Benedict was entombed, Strickland re-tweeted a video which condemned Francis as a “diabolically disoriented clown” but despite that, he was quoted as blaming the dismissal on his refusal to implement one of Francis’ progressive reforms restricting the old Latin Mass.  An issue which quietly has been simmering since Second Vatican Council (Vatican II; 1962-1965 (which Strickland probably regards as heretical)) Strickland insisted the Latin rituals must remain “because I can’t starve out part of my flock", adding, “I feel very much at peace in the Lord and the truth that he died for.

Nor is Strickland without support because early in his pontificate, some theologians and cardinals went dangerously close to accusing Francis of being a heretic and after the sacking, perhaps sniffing blood, the editor of The Remnant (a most traditional Catholic newspaper) took to X (formerly known as Twitter) called the firing “total war”, adding “Francis is a clear and present danger not only to Catholics the world over but also to the whole world itself."   No doubt he agreed with Strickland who tweeted: “Rejoice always that…no matter what the day brings Jesus Christ is the Way, the Truth and the Life, yesterday, today and forever. May the saints and the Blessed Virgin Mary always inspire us to return to Christ no matter how we may wander into darkness. Jesus is Light from Light."  That is a WWJD motif: “Where there is darkness, Jesus will make the light”.

Francis has certainly become more assertive since the death of Benedict, condemning the “backwardness” of some conservative Catholic leaders (notably in Germany and the US), saying what they believed in was not faith but political ideology” and that Church doctrine on issues like abortion and same-sex marriage can change.  Changing something with two thousand-odd years of inertia and institutional memory won’t be easy but Francis has the priceless advantage enjoyed by probably no other head of government or state currently in office: he sits atop a theocracy as an absolute sovereign, whatever he says, goes; he has the last word.  Interestingly, whenever some matter is clearly contentious, he does increasingly mention the word “doctrine”, conscious no doubt that he and everybody else knows that if he chooses to speak ex cathedra, that invokes papal infallibility and means not only is his ruling final but that objections may no longer be even discussed.  Defined dogmatically under Pius IX at the First Vatican Council (Vatican I; 1869–1870 (although it was then claimed it had actually existed and been acknowledged for over a thousand years), no pope has spoken ex cathedra since Pius XII (1876-1958; pope 1939-1958) in 1950 but for Francis it remains his thermo-nuclear option.

The Syllaus of Errors, Pope Pius IX, 1864

I. PANTHEISM, NATURALISM AND ABSOLUTE RATIONALISM

1. There exists no Supreme, all-wise, all-provident Divine Being, distinct from the universe, and God is identical with the nature of things, and is, therefore, subject to changes. In effect, God is produced in man and in the world, and all things are God and have the very substance of God, and God is one and the same thing with the world, and, therefore, spirit with matter, necessity with liberty, good with evil, justice with injustice. -- Allocution "Maxima quidem," June 9, 1862.

2. All action of God upon man and the world is to be denied. -- Ibid.

3. Human reason, without any reference whatsoever to God, is the sole arbiter of truth and falsehood, and of good and evil; it is law to itself, and suffices, by its natural force, to secure the welfare of men and of nations. -- Ibid.

4. All the truths of religion proceed from the innate strength of human reason; hence reason is the ultimate standard by which man can and ought to arrive at the knowledge of all truths of every kind. -- Ibid. and Encyclical "Qui pluribus," Nov. 9, 1846, etc.

5. Divine revelation is imperfect, and therefore subject to a continual and indefinite progress, corresponding with the advancement of human reason. -- Ibid.

6. The faith of Christ is in opposition to human reason and divine revelation not only is not useful, but is even hurtful to the perfection of man. -- Ibid.

7. The prophecies and miracles set forth and recorded in the Sacred Scriptures are the fiction of poets, and the mysteries of the Christian faith the result of philosophical investigations. In the books of the Old and the New Testament there are contained mythical inventions, and Jesus Christ is Himself a myth.

II. MODERATE RATIONALISM

8. As human reason is placed on a level with religion itself, so theological must be treated in the same manner as philosophical sciences. -- Allocution "Singulari quadam," Dec. 9, 1854.

9. All the dogmas of the Christian religion are indiscriminately the object of natural science or philosophy, and human reason, enlightened solely in an historical way, is able, by its own natural strength and principles, to attain to the true science of even the most abstruse dogmas; provided only that such dogmas be proposed to reason itself as its object. -- Letters to the Archbishop of Munich, "Gravissimas inter," Dec. 11, 1862, and "Tuas libenter," Dec. 21, 1863.

10. As the philosopher is one thing, and philosophy another, so it is the right and duty of the philosopher to subject himself to the authority which he shall have proved to be true; but philosophy neither can nor ought to submit to any such authority. -- Ibid., Dec. 11, 1862.

11. The Church not only ought never to pass judgment on philosophy, but ought to tolerate the errors of philosophy, leaving it to correct itself. -- Ibid., Dec. 21, 1863.

12. The decrees of the Apostolic See and of the Roman congregations impede the true progress of science. -- Ibid.

13. The method and principles by which the old scholastic doctors cultivated theology are no longer suitable to the demands of our times and to the progress of the sciences. -- Ibid.

14. Philosophy is to be treated without taking any account of supernatural revelation. -- Ibid.

III. INDIFFERENTISM, LATITUDINARIANISM

15. Every man is free to embrace and profess that religion which, guided by the light of reason, he shall consider true. -- Allocution "Maxima quidem," June 9, 1862; Damnatio "Multiplices inter," June 10, 1851.

16. Man may, in the observance of any religion whatever, find the way of eternal salvation, and arrive at eternal salvation. -- Encyclical "Qui pluribus," Nov. 9, 1846.

17. Good hope at least is to be entertained of the eternal salvation of all those who are not at all in the true Church of Christ. -- Encyclical "Quanto conficiamur," Aug. 10, 1863, etc.

18. Protestantism is nothing more than another form of the same true Christian religion, in which form it is given to please God equally as in the Catholic Church. -- Encyclical "Noscitis," Dec. 8, 1849.

IV. SOCIALISM, COMMUNISM, SECRET SOCIETIES, BIBLICAL SOCIETIES, CLERICO-LIBERAL SOCIETIES

Pests of this kind are frequently reprobated in the severest terms in the Encyclical "Qui pluribus," Nov. 9, 1846, Allocution "Quibus quantisque," April 20, 1849, Encyclical "Noscitis et nobiscum," Dec. 8, 1849, Allocution "Singulari quadam," Dec. 9, 1854, Encyclical "Quanto conficiamur," Aug. 10, 1863.

V. ERRORS CONCERNING THE CHURCH AND HER RIGHTS

19. The Church is not a true and perfect society, entirely free- nor is she endowed with proper and perpetual rights of her own, conferred upon her by her Divine Founder; but it appertains to the civil power to define what are the rights of the Church, and the limits within which she may exercise those rights. -- Allocution "Singulari quadam,&quuot; Dec. 9, 1854, etc.

20. The ecclesiastical power ought not to exercise its authority without the permission and assent of the civil government. -- Allocution "Meminit unusquisque," Sept. 30, 1861.

21. The Church has not the power of defining dogmatically that the religion of the Catholic Church is the only true religion. -- Damnatio "Multiplices inter," June 10, 1851.

22. The obligation by which Catholic teachers and authors are strictly bound is confined to those things only which are proposed to universal belief as dogmas of faith by the infallible judgment of the Church. -- Letter to the Archbishop of Munich, "Tuas libenter," Dec. 21, 1863.

23. Roman pontiffs and ecumenical councils have wandered outside the limits of their powers, have usurped the rights of princes, and have even erred in defining matters of faith and morals. -- Damnatio "Multiplices inter," June 10, 1851.

24. The Church has not the power of using force, nor has she any temporal power, direct or indirect. -- Apostolic Letter "Ad Apostolicae," Aug. 22, 1851.

25. Besides the power inherent in the episcopate, other temporal power has been attributed to it by the civil authority granted either explicitly or tacitly, which on that account is revocable by the civil authority whenever it thinks fit. -- Ibid.

26. The Church has no innate and legitimate right of acquiring and possessing property. -- Allocution "Nunquam fore," Dec. 15, 1856; Encyclical "Incredibili," Sept. 7, 1863.

27. The sacred ministers of the Church and the Roman pontiff are to be absolutely excluded from every charge and dominion over temporal affairs. -- Allocution "Maxima quidem," June 9, 1862.

28. It is not lawful for bishops to publish even letters Apostolic without the permission of Government. -- Allocution "Nunquam fore," Dec. 15, 1856.

29. Favours granted by the Roman pontiff ought to be considered null, unless they have been sought for through the civil government. -- Ibid.

30. The immunity of the Church and of ecclesiastical persons derived its origin from civil law. -- Damnatio "Multiplices inter," June 10, 1851.

31. The ecclesiastical forum or tribunal for the temporal causes, whether civil or criminal, of clerics, ought by all means to be abolished, even without consulting and against the protest of the Holy See. -- Allocution "Nunquam fore," Dec. 15, 1856; Allocution "Acerbissimum," Sept. 27, 1852.

32. The personal immunity by which clerics are exonerated from military conscription and service in the army may be abolished without violation either of natural right or equity. Its abolition is called for by civil progress, especially in a society framed on the model of a liberal government. -- Letter to the Bishop of Monreale "Singularis nobisque," Sept. 29, 1864.

33. It does not appertain exclusively to the power of ecclesiastical jurisdiction by right, proper and innate, to direct the teaching of theological questions. -- Letter to the Archbishop of Munich, "Tuas libenter," Dec. 21, 1863.

34. The teaching of those who compare the Sovereign Pontiff to a prince, free and acting in the universal Church, is a doctrine which prevailed in the Middle Ages. -- Apostolic Letter "Ad Apostolicae," Aug. 22, 1851.

35. There is nothing to prevent the decree of a general council, or the act of all peoples, from transferring the supreme pontificate from the bishop and city of Rome to another bishop and another city. -- Ibid.

36. The definition of a national council does not admit of any subsequent discussion, and the civil authority car assume this principle as the basis of its acts. -- Ibid.

37. National churches, withdrawn from the authority of the Roman pontiff and altogether separated, can be established. -- Allocution "Multis gravibusque," Dec. 17, 1860.

38. The Roman pontiffs have, by their too arbitrary conduct, contributed to the division of the Church into Eastern and Western. -- Apostolic Letter "Ad Apostolicae," Aug. 22, 1851.

VI. ERRORS ABOUT CIVIL SOCIETY, CONSIDERED BOTH IN ITSELF AND IN ITS RELATION TO THE CHURCH

39. The State, as being the origin and source of all rights, is endowed with a certain right not circumscribed by any limits. -- Allocution "Maxima quidem," June 9, 1862.

40. The teaching of the Catholic Church is hostile to the well- being and interests of society. -- Encyclical "Qui pluribus," Nov. 9, 1846; Allocution "Quibus quantisque," April 20, 1849.

41. The civil government, even when in the hands of an infidel sovereign, has a right to an indirect negative power over religious affairs. It therefore possesses not only the right called that of "exsequatur," but also that of appeal, called "appellatio ab abusu." -- Apostolic Letter "Ad Apostolicae," Aug. 22, 1851

42. In the case of conflicting laws enacted by the two powers, the civil law prevails. -- Ibid.

43. The secular Dower has authority to rescind, declare and render null, solemn conventions, commonly called concordats, entered into with the Apostolic See, regarding the use of rights appertaining to ecclesiastical immunity, without the consent of the Apostolic See, and even in spite of its protest. -- Allocution "Multis gravibusque," Dec. 17, 1860; Allocution "In consistoriali," Nov. 1, 1850.

44. The civil authority may interfere in matters relating to religion, morality and spiritual government: hence, it can pass judgment on the instructions issued for the guidance of consciences, conformably with their mission, by the pastors of the Church. Further, it has the right to make enactments regarding the administration of the divine sacraments, and the dispositions necessary for receiving them. -- Allocutions "In consistoriali," Nov. 1, 1850, and "Maxima quidem," June 9, 1862.

45. The entire government of public schools in which the youth- of a Christian state is educated, except (to a certain extent) in the case of episcopal seminaries, may and ought to appertain to the civil power, and belong to it so far that no other authority whatsoever shall be recognized as having any right to interfere in the discipline of the schools, the arrangement of the studies, the conferring of degrees, in the choice or approval of the teachers. -- Allocutions "Quibus luctuosissimmis," Sept. 5, 1851, and "In consistoriali," Nov. 1, 1850.

46. Moreover, even in ecclesiastical seminaries, the method of studies to be adopted is subject to the civil authority. -- Allocution "Nunquam fore," Dec. 15, 1856.

47. The best theory of civil society requires that popular schools open to children of every class of the people, and, generally, all public institutes intended for instruction in letters and philosophical sciences and for carrying on the education of youth, should be freed from all ecclesiastical authority, control and interference, and should be fully subjected to the civil and political power at the pleasure of the rulers, and according to the standard of the prevalent opinions of the age. -- Epistle to the Archbishop of Freiburg, "Cum non sine," July 14, 1864.

48. Catholics may approve of the system of educating youth unconnected with Catholic faith and the power of the Church, and which regards the knowledge of merely natural things, and only, or at least primarily, the ends of earthly social life. -- Ibid.

49. The civil power may prevent the prelates of the Church and the faithful from communicating freely and mutually with the Roman pontiff. -- Allocution "Maxima quidem," June 9, 1862.

50. Lay authority possesses of itself the right of presenting bishops, and may require of them to undertake the administration of the diocese before they receive canonical institution, and the Letters Apostolic from the Holy See. -- Allocution "Nunquam fore," Dec. 15, 1856.

51. And, further, the lay government has the right of deposing bishops from their pastoral functions, and is not bound to obey the Roman pontiff in those things which relate to the institution of bishoprics and the appointment of bishops. -- Allocution "Acerbissimum," Sept. 27, 1852, Damnatio "Multiplices inter," June 10, 1851.

52. Government can, by its own right, alter the age prescribed by the Church for the religious profession of women and men; and may require of all religious orders to admit no person to take solemn vows without its permission. -- Allocution "Nunquam fore," Dec. 15, 1856.

53. The laws enacted for the protection of religious orders and regarding their rights and duties ought to be abolished; nay, more, civil Government may lend its assistance to all who desire to renounce the obligation which they have undertaken of a religious life, and to break their vows. Government may also suppress the said religious orders, as likewise collegiate churches and simple benefices, even those of advowson and subject their property and revenues to the administration and pleasure of the civil power. -- Allocutions "Acerbissimum," Sept. 27, 1852; "Probe memineritis," Jan. 22, 1855; "Cum saepe," July 26, 1855.

54. Kings and princes are not only exempt from the jurisdiction of the Church, but are superior to the Church in deciding questions of jurisdiction. -- Damnatio "Multiplices inter," June 10, 1851.

55. The Church ought to be separated from the .State, and the State from the Church. -- Allocution "Acerbissimum," Sept. 27, 1852.

VII. ERRORS CONCERNING NATURAL AND CHRISTIAN ETHICS

56. Moral laws do not stand in need of the divine sanction, and it is not at all necessary that human laws should be made conformable to the laws of nature and receive their power of binding from God. -- Allocution "Maxima quidem," June 9, 1862.

57. The science of philosophical things and morals and also civil laws may and ought to keep aloof from divine and ecclesiastical authority. -- Ibid.

58. No other forces are to be recognized except those which reside in matter, and all the rectitude and excellence of morality ought to be placed in the accumulation and increase of riches by every possible means, and the gratification of pleasure. -- Ibid.; Encyclical "Quanto conficiamur," Aug. 10, 1863.

59. Right consists in the material fact. All human duties are an empty word, and all human facts have the force of right. -- Allocution "Maxima quidem," June 9, 1862.

60. Authority is nothing else but numbers and the sum total of material forces. -- Ibid.

61. The injustice of an act when successful inflicts no injury on the sanctity of right. -- Allocution "Jamdudum cernimus," March 18, 1861.

62. The principle of non-intervention, as it is called, ought to be proclaimed and observed. -- Allocution "Novos et ante," Sept. 28, 1860.

63. It is lawful to refuse obedience to legitimate princes, and even to rebel against them. -- Encyclical "Qui pluribus," Nov. 9, 1864; Allocution "Quibusque vestrum," Oct. 4, 1847; "Noscitis et Nobiscum," Dec. 8, 1849; Apostolic Letter "Cum Catholica."

64. The violation of any solemn oath, as well as any wicked and flagitious action repugnant to the eternal law, is not only not blamable but is altogether lawful and worthy of the highest praise when done through love of country. -- Allocution "Quibus quantisque," April 20, 1849.

VIII. ERRORS CONCERNING CHRISTIAN MARRIAGE

65. The doctrine that Christ has raised marriage to the dignity of a sacrament cannot be at all tolerated. -- Apostolic Letter "Ad Apostolicae," Aug. 22, 1851.

66. The Sacrament of Marriage is only a something accessory to the contract and separate from it, and the sacrament itself consists in the nuptial benediction alone. -- Ibid.

67. By the law of nature, the marriage tie is not indissoluble, and in many cases divorce properly so called may be decreed by the civil authority. -- Ibid.; Allocution "Acerbissimum," Sept. 27, 1852.

68. The Church has not the power of establishing diriment impediments of marriage, but such a power belongs to the civil authority by which existing impediments are to be removed. -- Damnatio "Multiplices inter," June 10, 1851.

69. In the dark ages the Church began to establish diriment impediments, not by her own right, but by using a power borrowed from the State. -- Apostolic Letter "Ad Apostolicae," Aug. 22, 1851.

70. The canons of the Council of Trent, which anathematize those who dare to deny to the Church the right of establishing diriment impediments, either are not dogmatic or must be understood as referring to such borrowed power. -- Ibid.

71. The form of solemnizing marriage prescribed by the Council of Trent, under pain of nullity, does not bind in cases where the civil law lays down another form, and declares that when this new form is used the marriage shall be valid.

72. Boniface VIII was the first who declared that the vow of chastity taken at ordination renders marriage void. -- Ibid.

73. In force of a merely civil contract there may exist between Christians a real marriage, and it is false to say either that the marriage contract between Christians is always a sacrament, or that there is no contract if the sacrament be excluded. -- Ibid.; Letter to the King of Sardinia, Sept. 9, 1852; Allocutions "Acerbissimum," Sept. 27, 1852, "Multis gravibusque," Dec. 17, 1860.

74. Matrimonial causes and espousals belong by their nature to civil tribunals. -- Encyclical "Qui pluribus," Nov. 9 1846; Damnatio "Multiplices inter," June 10, 1851, "Ad Apostolicae," Aug. 22, 1851; Allocution "Acerbissimum," Sept. 27, 1852.

IX. ERRORS REGARDING THE CIVIL POWER OF THE SOVEREIGN PONTIFF

75. The children of the Christian and Catholic Church are divided amongst themselves about the compatibility of the temporal with the spiritual power. -- "Ad Apostolicae," Aug. 22, 1851.

76. The abolition of the temporal power of which the Apostolic See is possessed would contribute in the greatest degree to the liberty and prosperity of the Church. -- Allocutions "Quibus quantisque," April 20, 1849, "Si semper antea," May 20, 1850.

X. ERRORS HAVING REFERENCE TO MODERN LIBERALISM

77. In the present day it is no longer expedient that the Catholic religion should be held as the only religion of the State, to the exclusion of all other forms of worship. -- Allocution "Nemo vestrum," July 26, 1855.

78. Hence it has been wisely decided by law, in some Catholic countries, that persons coming to reside therein shall enjoy the public exercise of their own peculiar worship. -- Allocution "Acerbissimum," Sept. 27, 1852.

79. Moreover, it is false that the civil liberty of every form of worship, and the full power, given to all, of overtly and publicly manifesting any opinions whatsoever and thoughts, conduce more easily to corrupt the morals and minds of the people, and to propagate the pest of indifferentism. -- Allocution "Nunquam fore," Dec. 15, 1856.

80. The Roman Pontiff can, and ought to, reconcile himself, and come to terms with progress, liberalism and modern civilization.- -Allocution "Jamdudum cernimus," March 18, 1861.

The faith teaches us and human reason demonstrates that a double order of things exists, and that we must therefore distinguish between the two earthly powers, the one of natural origin which provides for secular affairs and the tranquillity of human society, the other of supernatural origin, which presides over the City of God, that is to say the Church of Christ, which has been divinely instituted for the sake of souls and of eternal salvation.... The duties of this twofold power are most wisely ordered in such a way that to God is given what is God's (Matt. 22:21), and because of God to Caesar what is Caesar's, who is great because he is smaller than heaven. Certainly the Church has never disobeyed this divine command, the Church which always and everywhere instructs the faithful to show the respect which they should inviolably have for the supreme authority and its secular rights....

. . . Venerable Brethren, you see clearly enough how sad and full of perils is the condition of Catholics in the regions of Europe which We have mentioned. Nor are things any better or circumstances calmer in America, where some regions are so hostile to Catholics that their governments seem to deny by their actions the Catholic faith they claim to profess. In fact, there, for the last few years, a ferocious war on the Church, its institutions and the rights of the Apostolic See has been raging.... Venerable Brothers, it is surprising that in our time such a great war is being waged against the Catholic Church. But anyone who knows the nature, desires and intentions of the sects, whether they be called masonic or bear another name, and compares them with the nature the systems and the vastness of the obstacles by which the Church has been assailed almost everywhere, cannot doubt that the present misfortune must mainly be imputed to the frauds and machinations of these sects. It is from them that the synagogue of Satan, which gathers its troops against the Church of Christ, takes its strength. In the past Our predecessors, vigilant even from the beginning in Israel, had already denounced them to the kings and the nations, and had condemned them time and time again, and even We have not failed in this duty. If those who would have been able to avert such a deadly scourge had only had more faith in the supreme Pastors of the Church! But this scourge, winding through sinuous caverns, . . . deceiving many with astute frauds, finally has arrived at the point where it comes forth impetuously from its hiding places and triumphs as a powerful master. Since the throng of its propagandists has grown enormously, these wicked groups think that they have already become masters of the world and that they have almost reached their pre-established goal. Having sometimes obtained what they desired, and that is power, in several countries, they boldly turn the help of powers and authorities which they have secured to trying to submit the Church of God to the most cruel servitude, to undermine the foundations on which it rests, to contaminate its splendid qualities; and, moreover, to strike it with frequent blows, to shake it, to overthrow it, and, if possible, to make it disappear completely from the earth. Things being thus, Venerable Brothers, make every effort to defend the faithful which are entrusted to you against the insidious contagion of these sects and to save from perdition those who unfortunately have inscribed themselves in such sects. Make known and attack those who, whether suffering from, or planning, deception, are not afraid to affirm that these shady congregations aim only at the profit of society, at progress and mutual benefit. Explain to them often and impress deeply on their souls the Papal constitutions on this subject and teach, them that the masonic associations are anathematized by them not only in Europe but also in America and wherever they may be in the whole world.

To the Archbishops and Bishops of Prussia concerning the situation of the Catholic Church faced with persecution by that Government....

But although they (the bishops resisting persecution) should be praised rather than pitied, the scorn of episcopal dignity, the violation of the liberty and the rights of the Church, the ill treatment which does not only oppress those dioceses, but also the others of the Kingdom of Prussia, demand that We, owing to the Apostolic office with which God has entrusted us in spite of Our insufficient merit, protest against laws which have produced such great evils and make one fear even greater ones; and as far as we are able to do so with the sacred authority of divine law, We vindicate for the Church the freedom which has been trodden underfoot with sacrilegious violence. That is why by this letter we intend to do Our duty by announcing openly to all those whom this matter concerns and to the whole Catholic world, that these laws are null and void because they are absolutely contrary to the divine constitution of the Church. In fact, with respect to matters which concern the holy ministry, Our Lord did not put the mighty of this century in charge, but Saint Peter, whom he entrusted not only with feeding his sheep, but also the goats; therefore no power in the world, however great it may be, can deprive of the pastoral office those whom the Holy Ghost has made Bishops in order to feed the Church of God.

Monday, November 18, 2024

Atavism

Atavism (pronounced at-uh-viz-uhm)

(1) In biology (most often in zoology & botany), the reappearance in an individual of characteristics of some (typically) remote ancestor which have not manifested in intervening generations.

(2) An individual embodying such a reversion.

(3) Reversion to an earlier or more primitive type (a “throwback” in the vernacular).

(4) In sociology and political science, the recurrence or reversion to a past behavior, method, characteristic or style after a long period of absence, used especially of a reversion to violence.

1825-1830: The construct was the Latin atav(us) (great-great-great grandfather; remote ancestor, forefather” (the construct being at- (akin to atta (familiar name for a father) and used perhaps to suggest “beyond”)  + avus (grandfather, ancestor) + -ism.  The –ism suffix was from the Ancient Greek ισμός (ismós) & -isma noun suffixes, often directly, sometimes through the Latin –ismus & isma (from where English picked up ize) and sometimes through the French –isme or the German –ismus, all ultimately from the Ancient Greek (where it tended more specifically to express a finished act or thing done).  It appeared in loanwords from Greek, where it was used to form abstract nouns of action, state, condition or doctrine from verbs and on this model, was used as a productive suffix in the formation of nouns denoting action or practice, state or condition, principles, doctrines, a usage or characteristic, devotion or adherence (criticism; barbarism; Darwinism; despotism; plagiarism; realism; witticism etc).  Atavism & atavist are nouns, atavic, atavistic & atavistical are adjectives and atavistically is an adverb; the noun plural is atavisms.

The primitive Indo-European awo meant “adult male relative other than the father”, the most obvious descendent the modern “uncle”.  The English form was influenced by the French atavisme (the coining attributed usually to the botanist Antoine Nicolas Duchesne (1747-1827 Paris) and was first used in biology in the sense of “reversion by influence of heredity to ancestral characteristics, resemblance of a given organism to some remote ancestor, return to an early or original type”.  The adjective atavistic (pertaining to atavism) appeared in 1847, joined three year later by the now rare atavic (pertaining to a remote ancestor, exhibiting atavism).  Atavism (and its related forms) are none of those words which can be used as a neutral descriptor (notably in botany) or to denote something positive or negative.  Although the core meaning is always some “past or ancestral characteristic”, it tends to be pejorative if use of people or human cultures reverting to some “primitive characteristics” (especially if they be war or other forms of violence.  In the vernacular, the earthier “throwback” has been more common than the rather formal “atavistic” although the circumlocution “skip a generation” is often used for traits that occur after a generation of absence and “throwback” anyway became a “loaded” term because of its association with race (in the sense of skin-color).

Medicine has constructed its own jargon associated with the phenomenon in which an inherited condition appears to “skip a generation”: it’s described often as “autosomal recessive inheritance” or “incomplete penetrance”.  While the phrase “skipping a generation” is not uncommon in informal use, the actual mechanisms depend on the genetic inheritance pattern of the condition.  Autosomal Recessive Inheritance is defined as a “condition is caused by mutations in both copies of a specific gene” (one inherited from each parent).  This can manifest as an individual inheriting only one mutated copy (which means they will be a carrier but will remain asymptomatic) but if two carriers have issue, there is (1) a 25% chance the offspring will inherit both mutated copies and express the condition, (2) a 50% chance the offspring will be a carrier and (3) a 25% chance the offspring will inherit no mutations.  Thus, the condition may appear (and for practical purposes does) skip a generation in those cases where no symptoms exist; the classic examples include sickle cell anemia and cystic fibrosis.  Incomplete Penetrance occurs when an individual inherits a gene mutation which creates in them a genetic predisposition to a condition but symptoms do not develop because of environmental factors, other genetic influences or “mere chance” (and in the matter of diseases like those classified as “cancer”, the influence of what might be called “bad luck” is still probably underestimated, and certainly not yet statistically measured.  In such cases, the mutation may be passed to the next generation, where it might manifest, giving the appearance of skipping a generation and the BRCA1 & BRCA2 mutations for (hereditary) breast cancer are well-known examples.

Lindsay Lohan and her lawyer in court, Los Angeles, December, 2011.

In political science, “atavism” is used to refer to a reversion to older, more “primitive” means of furthering political ends.  Although it’s most associated with a critique of violence, political systems, ideologies, behaviors or economic policies have all be described as “atavistic” and their manifestation is linked often with ideas presented as representing (and implicitly offering a return to) a perceived “golden age”, a past structure which is idealized; it appear often as a reaction to change, notably modernity, globalization, or what is claimed to be a “decline in values”.  Political scientists identify stands in nominally non-violent atavism including: (1) Nostalgic Nationalism.  Nationalist movements are almost always race-based (in the sense of longing for a return to a “pure” ethnicity in which a population is “untainted” by ethnic diversity.  It’s usually a romanticization of a nation's past (historically, “purity” was less common than some like to believe) offering the hope of a return to traditional values, cultural practices, or forms of governance.  (2) Tribalism and Identity Politics. A call to primordial loyalties (such as ethnic or tribal identities), over modern, pluralistic, or institutional frameworks has been a feature of recent decades and was the trigger for the wars in the Balkans during the 1990s, the conflict which introduced to the language the euphemism “ethnic cleansing”, a very atavistic concept.  Tribalism and identity politics depends on group identities & allegiance overshadowing any broader civic or national unity on the basis of overturning an artificial (and often imposed) structure and returning to a pre-modern arrangement. (3) Anti-modernism or Anti-globalization. These are political threads which sound “recent” but both have roots which stretch back at least to the nineteenth century and Pius IX’s (1792–1878; pope 1846-1878) Syllabus Errorum (Syllabus of Errors, 1864) was one famous list of objections to change.  The strategy behind such atavism may be identifiably constant but tactics can vary and there’s often a surprising degree of overlap in the messaging of populists from the notional right & left which is hardly surprising given that in the last ten years both Donald Trump (b 1946; US president 2017-2021; president elect 2024) and Bernie Sanders (b 1941; senior US senator (Independent, Vermont) since 2007) honed their messaging to appeal to the same disgruntled mass.

Elizabeth Boody Schumpeter (1898-1953, left) & Joseph Schumpeter (1883–1950, right).  It was his third marriage.

Austrian political economist Joseph Schumpeter used the word “atavism” in his analysis of the dynamics which contributed to the outbreak of World War I (1914-1918), something he attributed to the old, autocratic regimes of Central and Eastern Europe “dragging the modern, liberal West” back in time.  Schumpeter believed that if commercial ties created interdependence between nations then armed conflict would become unthinkable and US author Thomas Friedman (b 1953) in The Lexus and the Olive Tree: Understanding Globalization (1999) suggested the atavistic tendency of man to go to war could be overcome by modern commerce making connectivity between economies so essential to the well-being of citizens that no longer would they permit war because such a thing would be so dangerous for the economy; it was an attractive argument because we have long since ceased to be citizens and are merely economic units.  Friedman’s theory didn’t actually depend on his earlier phrase which suggested: “…countries with McDonalds outlets don’t go to war with each other” but that was how readers treated it.  Technically, it was a bit of a gray area (Friedman treated the earlier US invasion of Panama (1989) as a police action) but the thesis was anyway soon disproved in the Balkans.  Now, Schumpeter and Friedman seem to be cited most often in pieces disproving their theses and atavism remains alive and kicking.

Saturday, January 24, 2026

Contempt

Contempt (pronounced kuhn-tempt)

(1) The feeling with which a person regards anything (or anyone) considered mean, vile, or worthless; disdain; scorn.

(2) The state of being despised; dishonor; disgrace.

(3) An act showing such disrespect.

(4) In most legal systems, willful disobedience to or open disrespect for the rules or orders of a court contempt of court or legislative body; punishable by being cited for “contempt of court”.

(5) In chess engines (the software used in chess games), as an ellipsis of “contempt factor”, a setting that modifies how much an engine values a draw versus a win or loss, making it play more aggressively or defensively based on perceived opponent strength.  The idea is to encourage interesting games by making engines avoid draws against weaker foes or seek them against stronger ones.

1350–1400: From the Middle English contempnen, from the Anglo-French contemner, from the Old French contempt & contemps, from the Latin contemptus (despising, scorn), a noun derivative of contemnere, from contemnō (I scorn, despise).  It displaced the native Old English forsewennes.  The late fourteenth century meaning was “an open disregard or disobedience (of authority, the law etc)” while the general sense of “act of despising; scorn for what is mean, vile, or worthless” was in use by at least circa 1400.  In Latin, there was also the feminine contemptrix (she who despises).  In the technical sense, the codified offence of “contempt of court” (open disregard or disrespect for the rules, orders, or process of judicial authority) dates only from the early eighteenth century but the variants of the concept have been in use almost as long as there have been courts.

Unusually (in terms of construction), the phrase “beneath contempt” really means “extremely contemptible”.  In idiomatic use, “familiarity breeds contempt” suggests “a prolonged closeness or exposure or a profound knowledge of someone or something often leads to diminished respect or appreciation” and a particular form of that is associated with Frederick the Great (Frederick II, 1712–1786, King of Prussia 1740-1786) who observed: “The more I learn of the character of men, the more I appreciate the company of dogs”.  The term “contempt trap” comes from the burgeoning discipline of “relationship studies” (romantic, social or political) and describes situations in which individuals view others as worthless, leading to toxic communication, disconnection, and resentment.  It's a psychological trap where partners or groups focus on flaws, creating a downward spiral in which the “issues fuel themselves”; the best strategy is said to be “empathetic niceness” but, in the circumstances, this can be easier said than done.

The familiar “contempt of court” (plural contempts of court) is conceptually similar to the offences “Contempt of Parliament” & “Contempt of Congress” (ie the act of obstructing the work of a legislative body or one of its committees) and, at law, the noun contemnor describes a party who commits or is held in contempt of a court or legislative body.  The offence is one in which there’s held to have been open disrespect for or willful disobedience of the authority of a court of law or legislative body, typically punishable by such sanctions as a fine or incarceration.  The nature of these punishments varies widely and especially minor transgressions are involved, the penalty can vary from judge to judge; one might ignore the slight while another might send the offender to a cell for a few hours.  The noun & adjective contemptive is rare and used in linguistics to mean “of or pertaining to, or creating a word form denoting the negative attitude of the speaker”.  The negative adjectival form is uncontemptible and incontemptible does not exist although there may be a use for both among those who cherish fine nuances, the former used to mean “not able to be held in contempt”, the latter “incapable of being held in contempt”.  The alternative spellings cōtempt & cõtempt are obsolete.  Contempt, contemnor, contemptibleness, contemptuosity, contemptuousness & contemptibility are nouns, contemptive is a noun & adjective, contemptible & contemptuous are adjectives and contemptibly & contemptuously are adverbs; the noun plural is contempts.

Contempt of Congress

Early in January, 2026, counsel for Bill Clinton (b 1946; US president 1993-2001) and his wife crooked Hillary Clinton (b 1947; US secretary of state 2009-2013) announced they were refusing to comply with a subpoena demanding congressional testimony in matters relating their relationships with disgraced financier and convicted sex offender Jeffrey Epstein (1953–2019 who died in custody while awaiting trial on additional offences; it was determined to be suicide).  The former president and first lady were served the subpoena by the Republican-led House oversight committee which is reviewing the government’s handling of “the Epstein matter”.  As part of their combative statement, the couple also launched an attack on the Republican Party and Donald Trump (b 1946; US president 2017-2021 and since 2025). 

Bill & crooked Hillary Clinton.

In response, committee chairman James Comer (b 1972, Republican-Kentucky) said he would move to hold the pair “in contempt of Congress”.  That was prompted by counsel’s letter which described the subpoenas as “invalid and legally unenforceable, untethered to a valid legislative purpose, unwarranted because they do not seek pertinent information, and an unprecedented infringement on the separation of powers”.  According to the Clintons (both trained lawyers), the committee’s demand they testify (under oath, thereby being compelled to tell the truth) “runs afoul of the clearly defined limitations on Congress’ investigative power propounded by the Supreme Court of the United States”, to which they added “it is clear the subpoenas themselves – and any subsequent attempt to enforce them – are nothing more than a ploy to attempt to embarrass political rivals, as President Trump has directed”.  As well as threatening the pair with being held in contempt of Congress, Mr Comey informed the press: “I think it’s important to note that this subpoena was voted on in a bipartisan manner by this committee.  This wasn’t something that I just issued as chairman of the committee.  No one’s accusing Bill Clinton of anything, any wrongdoing.  We just have questions, and that’s why the Democrats voted along with Republicans to subpoena Bill Clinton.”  Even some Democrats supported the subpoena, one on the oversight committee saying: “Cooperating with Congress is important and the committee should continue working with President Clinton’s team to obtain any information that might be relevant to our investigation.

The Clintons didn’t much dwell on fine legal or constitutional points, preferring to attack the congressional Republicans for their obsequious acquiescence to the president (not so much the MAGA (Make America Great Again) agenda as to Mr Trump personally) including their support of hardline immigration enforcement, the recent killing of a US citizen in Minnesota by an ICE (Immigration and Customs Enforcement) agent and the president’s pardoning of January 6insurrectionists”.  Bringing the Republicans’ cruel agenda to a standstill while you work harder to pass a contempt charge against us than you have done on your investigation this past year would be our contribution to fighting the madness”, the Clintons wrote.  So, the Clintons are running a political campaign in an attempt to solve their latest legal problem and this time they’re putting things in quasi-Churchillian phrases, asserting: “Every person has to decide when they have seen or had enough and are ready to fight for this country, its principles and its people, no matter the consequences.  For us, now is that time.  Clearly crooked Hillary feels her finest hour is upon her but students of her past will variously be amused or appalled at the suggestion she’d do something as a matter of principle rather than base self-interest but she persists in claiming the consequences of refusing to comply with a valid congressional subpoena are “a politically driven process” designed “literally to result in our imprisonment.

HRC: State Secrets and the Rebirth of Hillary Clinton by Jonathan Allen (b 1975) & Amie Parnes (b 1978).  As an acronym HRC can, inter alia, mean “Hillary Rodham Clinton”, “Hazard Risk Category” (science, medicine, engineering etc) or “High-Risk-of-Capture” (US DoD (Department of Defense, known also as Department of War)).  Pleasingly, CHRC can mean “Crooked Hillary Rodham Clinton” or “Criminal History Records Check”.

The “politically driven” argument has before been used by those seeing to avoid answering questions under oath, but despite that former Trump advisor Peter Navarro (b 1949) was in 2023 convicted of contempt of Congress for failing to provide documents and testify about the 2020 election and the Capitol riot.  He also (unsuccessfully) cited executive privilege but that too was rejected; he was jailed for four months.  So the claim a prosecution is a “political weaponization” of the justice system can’t stop a valid legal action like a citation of contempt and Steve Bannon (b 1953 and also a Trump-related figure) served four months in jail for defying a subpoena from the House January 6 committee.  The courts also seem to view such matters as black letter law; on appeal, Mr Navarro’s attempt to stay out of jail while he appealed his conviction was declined while a federal judge rejected a stay on Mr Bannon’s imprisonment and revoked bail.  According to a ruling from the US Court of Appeals for the DC Circuit, witnesses who “willfully refuse” to comply with valid congressional subpoenas can be punished, regardless of the excuse.  As a general principle, it seems to be thought an offence of absolute liability.

In mid January, a Republican-led House panel recommended Bill & crooked Hillary Clinton be found in contempt of Congress; although the pair had offered “to co-operate with the House Oversight Committee, that did not extend to answering questions under oath (ie, by implication, “telling the truth”).  The committee conducted separate votes on what technically were two cases, voting 34-8 to cite Bill Clinton for contempt while the vote on crooked Hillary Clinton was 28-15; As predicted, all 25 Republicans backed the recommendations to cite for contempt and the degree of support from the Democratic members is an indication of the public & press pressure now being applied as a result of suspicions there are rich and well-connected individuals whose involvement with Jeffrey Epstein is being “covered up”.  In the US, the lessons from the Watergate scandal have never been forgotten: it's the cover-up which matters most.

House Oversight Committee chairman James Comer's Facebook profile picture.

Should Congress elect to pursue the matter (as was done with Mr Navarro and Mr Bannon), the brief will then be passed to the DoJ (Department of Justice) for prosecution and the potential consequences include fines of up to US$100,000 and as long as a year in jail.  Obviously, neither is a compelling prospect but the problem for crooked Hillary is that should she comply and testify, she’ll be under oath and thus compelled to tell the truth.  That novel possibility would attract a big audience but her problem is she has no way of knowing in advance what questions will be asked and, being under oath, she’d have to either be truthful or “take the fifth” to avoid self-incrimination.  Paying a US$100,000 fine would seem a very cheap “get out of jail free” card and even some time behind bars may be a better long-term option.  While in the past crooked Hillary probably has used the phrase “no one is above the law” she’d never have imagined it applied to her but some in Congress suspect the Clintons will use "every trick in the book" (and they known them all) to avoid being questioned under oath, one Californian Democrat predicting: "If we launch criminal contempt proceedings, we will not hear from the Clintons.  That is a fact.  It'll be tied up in court".

Presumably, the strategy will be to "string things along" until the mid-term elections in November when the Republicans may lose control of the Congress.  Of course, as a last resort, there remains the “Pinochet option”.  After avoiding trial for crimes against humanity because of his allegedly frail mental and physical state, General Augusto Pinochet (1915-2006; dictator of Chile 1973-1990) boarded his aircraft in England from a wheelchair, looking something like a warmed-up corpse, only to make a miraculous in-flight recovery; the moment he set foot on the tarmac at Santiago, in rude good health, he strode off.  All crooked Hillary would need is a “medical episode”, one not serious enough to kill her but just enough to permit physicians to fill out the forms saying she’s not well enough to be questioned.  Depending on this and that, her condition would need to linger only until the threat of prosecution has been evaded.  One intriguing potential coda to legal action could be that Donald Trump might well grant the pair a pardon.  What's often unappreciated about Mr Trump is he doesn't waste time or effort running grudges against those who were merely opponents as opposed to those who actually tried to damage him or present an on-going threat.  Although he'd spent the 2016 campaign threatening crooked Hillary with jail and encouraging the MAGA faithful to chant "Lock her up!", interviewed after the election, when asked if he'd be taking legal action against the Clintons, he brushed off the the question with a dismissive: "No, they're good people" and moved on.  Should that happen, darkly, some might mutter about him having reasons why he'd not want the pair questioned about Jeffrey Epstein but, like disgraced former congressman George Santos (b 1988), crooked Hillary will not be one to look a gift horse in the mouth.    

The Brutum Fulmen

The practical significance of a court or other institution holding an individual “in contempt” relies on the body having a means of enforcing its order.  While that order can extend (variously) to a fine, a term of imprisonment or a burning at the stake, if no such means exist (or are, in the circumstances, not able to be used), then, at law, the order is a brutum fulmen (plural bruta fulmina) which historically, appeared also as fulmen brutum.  The term entered the language as a construct of the Latin brutum (stupid) + fulmen (lightning), picked up from the title of a pamphlet (the word then used of documents distributed publicly and discussing political and related matters) published in 1680 by Thomas Barlow (circa 1608-1691; Lord Bishop of Lincoln 1675-1969) who derived the phrase from the passage hinc bruta fulmina et vana (these senseless and ineffectual thunder-claps) in Naturalis Historia (Natural History) by the Roman author (and much else) Pliny the Elder (Gaius Plinius Secundus, 24-79).  Pliny literally was describing the natural phenomenon of lightning (which, having never been struck by one, he dismissed as “harmless thunderbolts”) but the term entered legal jargon meaning “a judgement without effect” and was for a while learned slang for “an empty threat” before fading from use in the late eighteenth century.

Bishop Barlow's original publication, 1680.

So, at law, brutum fulmen is used to refer to a judgment, decree, edict, order etc that while (on paper) is valid and nominally enforceable, is in practice ineffective either because it cannot be enforced or is directed at someone or something beyond the court’s effective power.  There’s a long history of such paperwork, Dr Joseph Goebbels (1897-1945; Nazi propaganda minister 1933-1945) with typical acerbity noting in his diary on 3 April 1945 the pointless bureaucratic output still flowing from the desk of Martin Bormann (1900–1945; secretary to the Führer 1943-1945; head of the Nazi Party Chancellery 1941-1945), even as the Reich was being diminished to an enclave: “Once more a mass of new decrees and instructions issue from Bormann.  Bormann has turned the Party Chancellery into a paper factory.  Every day he sends out a mountain of letters and files which the Gauleiters [the party’s district leaders], now involved in battle, no longer even have time to read.  In some cases too it is totally useless stuff of no practical value in our struggle.  Even in the Party we have no clear leadership in contact with the people.  Goebbels may have been evil but his mind was well-trained and he was a realist, understanding the “great danger” in the “diminution of authority” likely to be suffered by the party.  Adolf Hitler (1889-1945; Führer (leader) and German head of government 1933-1945 & head of state 1934-1945) called the devoted Bormann “Dear Martin” but interestingly, one author has written works claiming that by late April even Bormann had become a realist and was complicit in having the Führer murdered by his valet (Heinz Linge (1913–1980)), thereby removing the one obstacle preventing the pair’s escape from the Führerbunker.  The author is a well-credentialed medical doctor and although his earlier theory about the Rudolf Hess (1894–1987; Nazi Deputy Führer 1933-1941, who spent 46-odd years in Allied custody) being a “doppelganger” has recently been disproved by DNA analysis, his recounting of how Hitler may have been murdered is well written and, in a sense, the ultimate “the butler did it” tale; it’s not necessary to be convinced to enjoy what may be a tall tale.

From the Vatican, there would have been many popes who would have understood Goebbels’ frustrations because there’s quite a list of Papal Bulls and decrees that proved to be “casting rhetoric to the winds of history”.  Pius V (1504–1572; pope 1566-1572) in 1570 issued Regnans in Excelsis (Reigning on High) which, as an order of excommunication against Elizabeth I (1533–1603; Queen of England & Ireland 1558-1603) was intended to depose the queen by releasing her subjects from obedience but, “having no divisions” in England, the Holy See could not there exercise temporal authority and Elizabeth merely “changed teams” becoming Supreme Governor of the Church of England.  Of course, she remained excommunicated from the Church of Rome but that’s hardly as serious as being burned at the stake.  Less dramatically, papal interdicts issued against secular rulers on matters less consequential routinely were ignored, kings, princes and dukes aware their thrones (and sometimes their necks) might be better preserved by pleasing their many subjects than the bachelor Bishop of Rome.

Papal Bull issued by Urban VIII (1568–1644; pope 1623-1644).  By the mid-fifteenth century, papal bulls had ceased to be used for general public communications and were restricted to the more formal or solemn matters.  The papal lead seals (the spellings bulla & bolla both used) were attached to the vellum document by cords made of hemp or silk, looped through slits.

As well as being appalled by the thought of heretical Anglicans, Pius V disapproved of bull-fighting, calling the tradition “alien from Christian piety and charity, “better suited to demons rather than men” and “public slaughter and butchery” fit for paganism but not Christendom and word nerds will be delighted to note Pius’s ban on bullfighting was technically a “papal bull”.  De Salute Gregis Dominici (On the Salvation of the Lord’s Flock) was issued on 1 November 1, 1567 as a formal proclamation with a bulla (the papal lead seal) attached (hence such edicts being known as the “Papal bulls”), the seal authenticating the document and, as an official decree, it was binding upon the Church and Christian princes.  Disgusted by the cruelty inflicted on one of God’s noble beasts, Pius called bullfighting “a sin” and condemned the events as “spectacles of the devil”, prohibiting Christians from attending or participating under pain of excommunication.  However, like many papal though bubbles down the ages which never quite make it to the status of doctrine, his ban was soon ignored and, after his death the, edict quietly was allowed to lapse.  Predictably, in Spain and Portugal, where bullfighting had deep cultural & political roots, the bulla was either ignored or resisted and Philip II (1527–1598; King of Spain 1556-1598), while as devout a Catholic as any man, was known as Felipe el Prudente (Philip the Prudent) for a reason and quietly he turned the royal blind eye, allowing bullfighting to continue.  Within the Holy See, the king's disobedience of an edict from the Vicar of Christ on Earth would have been disappointing but unsurprising and it was the world-weary Benedict XIV (1675–1758; pope 1740-1758) who best summed-up the church's chain of command: “The pope commands, his cardinals do not obey, and the people do what they wish.”  What is still not always recognized is that Rome’s authority on matters both spiritual and temporal did often depend on consent; in Medieval Europe there were a number of interdicts (such as that against the Republic of Venice in 1606) which indisputably were binding in canon law but had no force because the target solved the legal quandaries by ignoring them.

Secular courts too sometimes have issued orders that look authoritative but are void for want of jurisdiction.  The British Empire is a rich source of such bruta fulmina because, especially in the nineteenth century when expansion (as expressed by land being colored pink on maps) often exceeded control “on the ground”.  A practical exercise in (1) the establishment of trading & coaling stations and (2) theft of the resources of others, what the British Empire did to a greater extent than other European colonial powers was secure what were essentially coastal beachheads and tracks of communication (rivers, roads, railway lines) while leaving vast swathes of territories in the hands of native authorities, some of which were cooperative, some not.  While the Colonial Office understood this was how thing were done (the British Empire in particular something of a well-executed confidence trick because there were never the resources effectively to control all that was claimed on the map), colonial courts, for many reasons, felt compelled to issue orders to what were, in effect, sovereign foreign territories; even at the height of the British Raj, the means did not exist always to enforce judgements or rulings purporting to bind tribal authorities or princes in their palaces.  A post-colonial example is the operation of the “Supremacy Clause” in US jurisprudence.  As a simple constitutional fact, under the Supremacy Clause, a state court has no power to enjoin a federal officer acting in federal capacity; even if correct in every aspect of construction, any such injunction will be held to be a brutum fulmen because it cannot be enforced, the classic example being Tarble's Case, 80 U.S. (13 Wall.) 397 (1872), in which the USSC (Supreme Court) held state courts could not issue writs of habeas corpus to federal military officers; such writs legally void.  What the case settled was that the US Constitution was the supreme law of the land, “anything in the constitution or laws of any State to the contrary notwithstanding.  That an order may be perfectly valid under state law was irrelevant and this doctrine has of late been again discussed because of certain actions being taken by the federal government during the second Trump administration.

There is also the matter of orders those who enjoy legal immunity.  Historically, when the concept of “sovereign immunity” was effectively absolute (before “restrictive immunity” emerged in the wake of the modern “commercial exception”, courts would enter judgments against sovereign states; the judges were carrying out a type of “black letter law” but the value of such rulings was purely political or symbolic.  A subset of such things was the matter of declarations unsupported with any mechanism of enforcement and that was one of the several structural flaws which doomed the League of Nations (1920-1946), an institution something of a case study in characterised as a brutum fulmen, whatever it’s noble goals.  However, the judicial model established by the League of Nations (essentially one of “moral authority”) carried over into post-war institutions, the ICJ (International Court of Justice) having often issued advisory opinions states routinely have ignored.

A special case of brutum fulmen concerns domestic statutes struck down by courts but never repealed.  Known as “dead letter” laws, these, ghost-like, remain on the books even after invalidation.  This happens apparently for two reasons: (1) in the technical sense it matters not whether the words are removed from the books or (2) governments retain them because they retain a certain symbolic force as an expression of disapprobation for one thing or another, an example being Section 3 of the US DOMA (Defense of Marriage Act) after the decision handed down by the USSC in US v Windsor, 570 U.S. 744 (2013)).  New technology has also created a whole new field of potential bruta fulmina.  Although instances of material banned from publication in one place appearing in another have for centuries been documented, the advent of the internet and its inherently global availability has meant the injunctive and contempt orders which once were such a potent means of preventing or punishing proscribed publication now are of less use because so many potential subjects lie beyond a court’s reach.

Not exactly contemptible, just less desirable: The Alfa Romeo 2600

Brigitte Bardot (1934-2025) in Contempt (1963), perched on an Alfa Romeo 2600 (Tipo 106) Spider.  Note her fetching toe cleavage.

While Ms Bardot was a vision of haunting loveliness, the 2600 is less fondly remembered than its smaller stable-mates.  Whereas in its era Mercedes-Benz and most US-built cars tended to improve as the cylinder count and engine displacement increased, in the post-war years, the most admired and successful Alfa Romeos were the smaller, four-cylinder models renowned for their balance and agility (certainly in the company’s illustrious, pre-FWD (front wheel drive) era).  Tellingly, although imagined as a flagship, the 2600 was in production only between 1962-1968 and despite being offered with a range of coachwork (Berlina (sedan), Sprint (coupé) & Spider (roadster) as well as a typically quirky fastback coupé (the 2600 SZ (Sprint Zagato)) by Zagato), it was not a success; sales were never close to expectations, the high price and nose-heavy, “un-Alfalike” driving characteristics usually cited as reasons for the muted demand.  In its six-odd years of availability, unusually, it was not the sedan which was most successful but, with almost 7,000 sold, the Sprint and even the 2,255 Spiders out-sold the 2,092 Berlinas; the 105 Sprint Zagatos an expensive footnote.

1964 Alfa Romeo 2600 Spider.

Whatever the 2600’s flaws, the engine was a gem.  An all-new, all aluminum 2.6 litre (158 cubic inch) DOHC (double overhead camshaft) straight six, it was very much in the company’s pre-war tradition but, in a way, the image of Alfa-Romeo had been captured by the wildly successful 1900 range (1950-1959) which featured relatively small-displacement, four-cylinder engines.  So seductive did Italians and others find the 1900 that it quickly came to be thought of as the definitive “Alfa Romeo”.  However, the platform which as the 1900 (and subsequent 2000) had been a model of well-balanced agility, didn’t adapt so well to the longer straight six and it was the subsequent 105/115 range (Gulia, 1962-1968) which was the 1900’s true successor, the incomparable 105 coupé among the company’s finest achievements.  The 2600 proved to be the last of Alfa Romeo’s classic DOHC straight-sixes.

The Kaiser and the Old Contemptibles

His Imperial Majesty, Kaiser Wilhelm II (1859–1941; Emperor of Germany & King of Prussia 1888-1918). in one of his many uniforms.  On one of Wilhelm's visits to England, his grandmother (Victoria (1819–1901; Queen of the UK 1837-1901) was much amused to learn his entourage included one servant whose sole duty was the “waxing and curling of the imperial moustache”.

Whether inside courtrooms or beyond, the word “contempt” and its derivatives is not rare but one of the most celebrated instances of use may have been based on a lie.  In August 1914, just after the outbreak of World War I (1914-1918), the British government began to circulate propaganda claiming Wilhelm II had issued an order to his army to “exterminate the treacherous English and walk over General French's contemptible little army”.  The people of the UK were well-acquainted with the character of the Kaiser and it certainly must had sounded “like something he would have said”, hence the success as piece of propaganda.  Later, the survivors of the British Army’s BEF (British Expeditionary Force), proud of their record in battle, happily dubbed themselves the “Old Contemptibles”.  Wilhelm denied ever having made the statement and it has long been suspected the British “put words in his imperial mouth” because Oliver Cromwell (1599–1658; Lord Protector of the Commonwealth 1653-1658) had in 1657 used a similar turn of phrase in a speech to the Long Parliament (1640-1660).

One of the British government's propaganda posters, 1914.

No document has ever been found confirming the Kaiser used the phase the British propagandists spread with such glee and it’s thus almost certainly apocryphal but historians have concluded that, in discussions, he probably did dismiss the British as a military threat on the European mainland on the grounds their army was “so contemptibly small”.  In that, he has a point in that compared to the land forces in the standing and reserve armies of France, Germany, Austria and Russia, the British Army genuinely was small; as a maritime empire with its military strength based on the Royal Navy being the world’s most powerful, the British Army was designed for remote colonial engagements rather than big, set-piece invasions of European countries.  So, from the Kaiser’s point of view it was a reasonable observation; since the time of Otto von Bismarck (1815-1989; chancellor of the German Empire (the "Second Reich" 1871-1890), the dark joke told in continental chancelleries was that while most countries “had an army”, Prussia was unusual in that its army “has a country”.  All he really got wrong was the British did have some contemptibly poor generals, one of who was the Field Marshal Sir John French (1852–1925) mentioned in his alleged statement.  Not for nothing are the “Old Contemptibles” remembered as “lions led by donkeys” but in the way the British ruling class does things, after being asked to resign, Sir John was elevated to the peerage and died laden with titles and imperial honours.

Lindsay Lohan, contempt, and the matter of intent

Lindsay Lohan's adorned fingernail in court, 2010.

Fingernails don’t often hit the headlines but in 2010 one did during one of the Lindsay Lohan's appearances in court during her “trouble starlet” phase: close-up photographs of the relevant (and very colourful) nail (on the middle finger) revealed the text “fuck U”.  In the US of the twenty-first century a fingernail so decorated would be usually unexceptional and uncontroversial but on the digit of a defendant sitting in court to receive a sentence, it was at least taking a risk and defence counsel, had they noticed the artwork, doubtlessly would have insisted on a strategically applied band-aid.  The risk posed by what may have been a misguided manicure was that were the judge to conclude the apparently unambiguous message was directed either at court or judge, Ms Lohan could have been cited for contempt of court on much the same the basis as had she mouthed the words.  Lawyers asked to comment on the matter confirmed that in such circumstances a defendant cannot rely on rights guaranteed by the First Amendment (a component of which is freedom of speech) to the Constitution but what was an intriguing legal question was the matter of intent.  All agreed the judge was sitting too far away to read the distant and tiny “fuck U” so it couldn’t be argued Ms Lohan intended it to be read thus but if the judge saw the paparazzi’s photos, would a “retrospective” citation of contempt be possible?  Given all that, it was at least a gray area but the matter was never pursued.  Ms Lohan clarified things with a tweet on X (then known as Twitter) denying the text was a message for the court or anyone else: “It had nothing to do w/court.  It’s an airbrush design from a stencil”.  According to Fox News (a famously reliable source), the nails were “part of a joke with friends”.

Before, during & after: Lindsay Lohan and her bandaged finger, 2016.

Not until 2016 would one of Lindsay Lohan’s fingers again attain such notoriety.  During an Aegean cruise in October that year, in dreadful nautical incident, the tip of one digit was severed by the boat's anchor chain but details of the circumstances are sketchy although there was speculation that upon hearing the captain give the command “weigh anchor”, she decided to help but, lacking any background in admiralty jargon, misunderstood the instruction.  Despite the grossness of the injury to what in the Western tradition is "the ring finger", she did later manage to find husband and stitched-up digit now sports a wedding ring so all's well that ends well.

Self contempt

The terms “self-hatred”, “self-loathing” and “self-contempt” are familiar in general discourse and pop psychology texts but none are formally distinguished as separate diagnostic constructs or appear in either the American Psychiatric Association's (APA) Diagnostic and Statistical Manual of Mental Disorders (DSM) or the World Health Organization’s (WHO) International Classification of Diseases (ICD).  However, the concepts encompassed do appear in theories and research papers as well as being part of clinical discourse and between the three terms are denoted different self-directed attitudes, largely along affective versus evaluative lines. 

Self-hatred is thought a core quality, an intense, hostile feeling directed at one’s self and the affective tone may be one of disgust, anger or revulsion.  Typically, this can appear as a form of self-hostility and may manifest as wishing to self-harm, a feeling of deserving of punishment and a general rage turned inwards.  Self-hatred is often discussed in connection with (1) major depressive disorders, (2) borderline personality pathology, (3) trauma and internalised abuse and (4) self-harm including suicidality.  Self-loathing can perhaps (if not wholly satisfactorily) be characterized as “self-hatred lite” in that it’s treated usually as a pervasive aversion to the self and associated with shame, disgust and revulsion.  There’s obviously some overlap (to the extent the terms probably can be used interchangeably without causing confusion for most) but as used by clinicians, self-loathing conveys the idea of something less aggressive and more avoidant, the emphasis on being repelled by one’s own traits, body, or identity rather than contemplating self harm; commonly it’s linked with shame-based self-schemas, eating disorders, body-image disturbance, depression and social anxiety.  The convenient distinction between the two is that while self-hatred summons the thought: “I should be punished”, self-loathing says “I am repulsive”.  The point about self-contempt is that often it can be transitory (sometimes styled as “transactional”) and related to a particular event or one’s reaction to that event.  In that sense, self-contempt can be seen as something is more cognitive and judgmental than emotional although, obviously, there too there can be overlap.

There is a special case within internal Jewish discourse of a certain flavor where the term “self-hating Jew” overwhelmingly is more commonly used than the superficially similar “self-loathing Jew”.  “Self-hating Jew” became a standard phrase (and in doing so sacrificed some of its original meaning in favour of becoming a still-potent slur) in Jewish polemical writing and was once most associated with political debates (not always between intellectuals), especially if the matters involved anti-Zionism or internalised anti-Semitism.  The term gained popularity after Der jüdische Selbsthaß (Jewish Self-Hatred (1930)) by German Jewish philosopher Theodor Lessing (1872-1933) was translated into English and the choice of “self-hatred” rather than “self-loathing” “locked in” the English idiom.  What Lessing did was construct a subtle argument in which he attempted to explain the (apparently uniquely European) phenomenon of Jewish intellectuals who incited anti-Semitism against the Jewish people and who regarded Judaism as the source of evil in the world.  The translator’s preference was thought to be a considered choice which reflected a certain conceptual emphasis: Whereas “self-hatred” implies hostility, repudiation, and active rejection of Jewish identity or interests, “self-loathing” suggests inward disgust or shame, which is psychologically plausible but rhetorically weaker for polemical purposes.  In other words, the former is of the political, the latter the personal.  The term has become especially controversial because, within Judaism, it had become a convenient weapon to use against any Jew who criticizes some aspect of the conduct of the government of Israel.

The thoughts of Bill Buckley on the thoughts of John XXIII

By the time in 1961 conservative US writer (and leading lay Catholic) William F Buckley (1925–2008) responded to John XXIII’s (1881-1963; pope 1958-1963) encyclical Mater et magistra (Mother and Teacher), the days were gone when the Church could have heretics burned at the stake (perhaps a source or regret to at least one pope) so suggesting the document “…must strike many as a venture in triviality” didn’t trigger the sort of risk such a critique might in previous centuries have provoked.  Still, what was seen by theologians and the laity alike as a casual dismissal of a work of 25,000 words was thought quite a slight and even an expression of contempt; that Buckley’s objections were less theological than political was a distinction understood by the cardinals and archbishops but that didn’t make them less unhappy.  Buckley was writing during the High Cold War and in the immediate aftermath of comrade Fidel Castro’s (1926–2016; prime-minister or president of Cuba 1959-2008) communist guerrillas taking over Cuba and what most disturbed him was John XXIII’s focus on the inequities of modern capitalism and seeming disregard for the oppressive conduct of various communist regimes.  In that, Buckley was right because arguments in Mater et magistra were striking and the choice of words provocative, the pope noting the “immeasurably sorrowful spectacle of vast numbers of workers in many lands and entire continents who are paid wages which condemn them and their families to subhuman conditions.  Rejected was the notion prices working people paid should be “left entirely to the laws of the market” rather than being “determined according to justice and equity.  The encyclical recommended profit-sharing and other “radical” reforms pursued in the name of “socialization”.

John XXIII waving to the faithful, Loreto Ancona, Italy, October, 1962.

The car is a 1961 Mercedes-Benz 300d Landaulet, built by the department responsible for the Spezial coachwork and made on a separate assembly line.  The one delivered to the Vatican including not only the folding soft-top atop the rear passenger compartment but also an elevated roof which extended the “greenhouse” by 100 mm (4 inches).  The 300s of the era (W186: 300, 300b & 300c; 1951-1957 & W189: 300d 1957-1962) came to be referred to as "the Adenauer" because several were used as state cars by Konrad Adenauer (1876–1967; chancellor of the FRG (Bundesrepublik Deutschland (Federal Republic of Germany; the old West Germany, 1949-1990) 1949-1963).  In the days of John XXIII, the Vatican's parade vehicles were not dubbed “Popemobiles” and did not feature armor-plating or bullet-proof glass.  For good reason, all that would come later.

It can now be difficult to understand how controversial once was the participation of Roman Catholics in the upper reaches of US political life; in the nineteenth century the warnings against voting for them was they would visit upon the country: “Rum, Romanism and Ruin!  When the Catholic Al Smith (1873-1944; Governor of New York 1919-1920 & 1923-1928) in 1928 ran on the Democratic ticket in the presidential election, campaigns against him included the suggestion the pope was already packing his bags in preparation for a move to the White House.  After Smith (in a landslide) lost the election to the Republican’s Herbert Hoover (1874–1964; POTUS 1929-1933), the joke circulated that his first act was not the usual concession speech but wiring a telegram to Pius XI (1857–1939; pope 1922-1939) saying: “Unpack!

Amusingly, the slur wouldn’t have survived the scrutiny of modern fact-checkers because between the unification of Italy in 1870 and the signing in 1929 of a concordat (the Lateran Treaty) with Benito Mussolini’s (1883-1945; Duce (leader) & prime-minister of Italy 1922-1943) fascist state, in protest at the the loss of the Papal States (756-1870), no pope set foot outside the Vatican.  The status of the popes in these years as prigionieri del Vaticano (prisoners of the Vatican) was unusual in that it was a kind of “self-imposed exile” in reverse, but the Church insisted it was not a matter of choice (ie “self-restraint”) because it was held to be a “coercive curtailment” (“constructive imprisonment” probably the closest expression of the legal theory) of freedom of movement, consequent upon the Italian state’s annexation of the Papal States and Rome itself.  The argument was that were a pope to set foot on the soil of the annexed territories, that might be held to imply recognition of the Italian state’s sovereignty.  Even at the time, outside the Roman Curia, the legal basis of that was thought at least dubious and the consensus remains the self-imposed “imprisonment” was an act of diplomatic and political symbolism.  Since then, no political figure has exactly replicated what the five “imprisoned pontiffs” did and even old Generalissimo Chiang Kai-shek (1887-1975; leader of the Republic of China (mainland) 1928-1949 & the renegade province of Taiwan 1949-1975), while to his dying day denying he’d lost the sovereignty of the mainland to the CCP (Chinese Communist Party), did on occasion travel beyond his renegade province, though obviously he never visited the mainland. 

Buckley: The Life and the Revolution That Changed America by Sam Tanenhaus (b 1955).  A highly recommended book.

Religion was an issue still in 1960 when the presidential contest was between the Roman Catholic Democrat John Kennedy (JFK, 1917–1963; US POTUS 1961-1963) and the Quaker Republican Richard Nixon (1913-1994; US VPOTUS 1953-1961 & POTUS 1969-1974).  In the campaign, two prominent evangelical Protestant preachers who would now be regarded as something like “celebrity TikTok churchmen” (Billy Graham (1918–2018) and Norman Vincent Peale (1898-1993) both cast aspersions about JFK and the nature of his allegiance to Rome to which the candidate responded by saying: “I believe in an America, where the separation of church and state is absolute, where no Catholic prelate would tell the president, should he be Catholic, how to act, and no Protestant minister would tell his parishioners for whom to vote.  The idea of “Rome pulling the president’s strings” may have brought a wry smile to the pope who well knew it was often difficult to get his own bishops to follow his instructions, let alone the president of the US.  Buckley took an well-sharpened intellectual axe to Peale but seemed to regard Graham as little more than a vulgarian with a peasant’s view of God.

As it transpired, KFK did, “by an electoral eyelash” win the presidency and his wife (Jacqueline Kennedy (1929-1994; US First Lady 1961-1963) admitted to being baffled by the objections, saying "I don't understand why people are opposed to Jack being elected as a Catholic because he's so poor a Catholic".  Buckley certainly agreed JFK "wasn't Catholic enough" (something like the later complaint from activist African Americans that Barack Obama (b 1961; US president 2009-2017) "wasn't black enough"), unlike his more devout brother, the intense, driven, Robert F Kennedy (RFK, 1925–1968; US attorney general 1961-1964) who Theodore Roosevelt’s (TR, 1858–1919; US president 1901-1909) daughter Alice Lee Roosevelt Longworth (1884–1980) compared to “a seventeenth century Jesuit priest”.  Buckley understood why his family and the Kennedys often were compared (essentially because both were “rich, Catholic and political”) but liked to stress the difference, pointing out the “lace curtain, Irish cultural upbringing” of the Kennedys while his father had not set foot in Ireland until he was sixty and that was “to attend the Dublin Horse show”.  One of his friends observed the very American Buckley should really be understood as “a Spanish Catholic aristocrat” and although it has become customary to speak of the Kennedys as “American Royalty”, Buckley would have though the family a bit common.

Crooked Hillary Clinton and Donald Trump, Alfred E. Smith Memorial Foundation Dinner, New York City, October, 2016.

Fully to understand Buckley’s reaction to Mater et magistra, it must be remembered it was issued only some three years after the death of Pius XII (1876-1958; pope 1939-1958) and there was at the time, outside of the Church, not a great appreciation of just what an “encyclical” was.  Indeed, in 1927, when asked to comment on Leo XIII’s (1810–1903; pope 1878-1903) 1885 encyclical Immortale Dei, De Civitatum Constitutione Christiana (God Immortal, On the Christian Constitution of States) which reaffirmed the Church’s view on ecclesiastical rights in the apparatus of the modern state, Al Smith had replied: “Will somebody please tell me, what in hell an encyclical is?”  Although he chose only once to vest his words with the authority of “papal infallibility” (indeed, was the last pope to do so), Pius XII (like his predecessor Pius XI) had run “an imperial pontificate” with encyclicals viewed not merely as authoritative but doctrinal; one priest, when asked if they were “binding” stated the orthodox position which held: “the possibility of error in these documents is so utterly remote that it is practically non-existent.  It was in that milieu Buckley commissioned to a scholar of theology to undertake a historic study of the papal encyclical and the conclusion was they were really “pastoral letters, giving counsel,” not official statements of the magisterium, the Church’s infallible teaching.  That does of course make sense because the whole point in the nineteenth century in codifying papal infallibility was to make a clear distinction between undisputable, undebatable statements of dogma and all other thoughts and expressions.

Whether that at the time softened Buckley’s attitude towards Mater et magistra seems improbable because any document suggesting the state’s social and economic policies should be “pursued in the name of socialization” would have received his condemnation and that the translators chose to interpret the Italian socializzazione (understood as something like European social and industrial democracy rather than the Marxist sense of the collective ownership of the means of production & distribution) as “socialization” (deftly avoiding the politically and historically loaded socialism (socialismo)) is unlikely to have been much assuagement; Buckley would have thought the distinction just “too clever by half”.  So it was his critique of John’s 25,000 words came to be remembered for that one memorable fragment: “venture in triviality”.  In fairness, the passage was more expansive and said: “large sprawling document” would “be studied and argued over for years to come” and that it may one day come to be “considered central to the social teachings of the Catholic Church; or, like Pius IX’s [1792–1878; pope 1846-1878)] Syllabus of Errors [1864], it may become the source of embarrassed explanations. Whatever its final effect, it must strike many as a venture in triviality, coming at this particular time in history.”  Popes have been accused of worse but in 1961, to have an encyclical damned as  “venture in triviality” was about as bad as it got.

A depiction of crooked Hillary Clinton being burned at the stake (digitally altered image).

Although heretics, malcontents and other trouble-makers are no longer burned at the stake, in canon law, the Church does have a close equivalent of citing someone for contempt but it chose not to use it against Buckley although many Catholics did make their opposition to his views known; some cancelled their subscriptions to the magazine he edited (the conservative National Review), prompting him to point out the periodical was no more a Catholic publication than the Kennedy administration was a Catholic government “because the President is Catholic”.  One prominent Jesuit priest damned Buckley’s statement as “slanderous” and while in the internal logic of the Jesuits (perfect chastity, perfect poverty and perfect obedience to the pope) that would have been obvious, it must have baffled those more used to legal dictionaries and thesauruses.  In a way the Church establishment might have had the last laugh because, writing decades later, in his distinctly religious memoir Nearer, My God (1997), stridently Buckley defended papal decrees as statements revealing truth immune from challenge, words of “revelation and providentially guided reason” from the “one Voice for whose decisions the people wait with trust” (ie the pope).  Buckley made no mention of Mater et magistra or the controversy he had triggered and whether this constitutes apology or apologia readers can judge but whenever he's discussed, it’s rare for his words of 1961 not to be reprinted while those of 35 years later rarely are mentioned.  If he had his time again, while still critical, he’d likely have phrased things differently.