Thursday, July 14, 2011

The ethical problems of non-directive counselling

Update: for the latest episode in the story, see here.

There has been a flurry of interest in this topic on the Catholic blogs, since LIFE, the pro-life charity, has got accreditation for its counsellors as conforming to the 'non-directive' style favoured by the secular counselling industry. The hope of the organisation that using non-directive counselling (NDC) will win the organisation acceptance by, and influence in, government, and even funding, is not entirely without foundation. But non-directive counselling is very controversial in Catholic ethics, and I have seen no serious defence of LIFE's stance.

What are the problems?

Practical. 1. It is claimed that non-directive counselling works. The claim is very hard to substantiate since the counsellor normally does not know what the ultimate outcomes are. We can't hold this against the method, but the claim that its effectivness is a knock-down argument in favour of it won't wash either.

2. The suggestion that the alternative to LIFE's NDC is to say to clients what you want them to conclude at the end of the counselling, at the beginning. This is the reverse of the truth. People going to LIFE counsellors know that they are going to a pro-life group - the name rather gives it away. They then get no guidance at all from the counsellor. The alternative is to use a more neutral name, start the counselling very softly-softly, and then introduce some important facts into the discussion: notably what abortion is, what the alternatives are. This is the approach taken by other pro-life groups, and they are just as adamant as LIFE that this approach works.

Psychological. NDC is a horse from the 'values clarification' stable established by Carl Rogers and others. Rogers found that he could get 1950s university students to pull themselves together simply by repeating back to them their own statements. This obviously worked because the students for the most part had very clear, and fairly old-fashioned, values from their upbringing. It has a very different effect on people today who come from a pretty values-free background in the first place. Indeed, it is favoured today as part of a package with the idea that all decisions are equally valid, there are no objective moral principles, and so on, and it is really hard to see why anyone who is not a moral subjectivist would give NDC a second glance.

Funding. James Preece raises the question of why Catholics are being asked to fund LIFE's counselling. This is a good question because NDC counsellors are not supposed to allow their own values to influence their counselling. It follows that pro-life NDC counsellors will be no different, and no better from the point of view of outcomes, than pro-abortion NDC counsellors. Why, then, does LIFE think it is important to expand its band of counsellors? Why not let non-aligned or even pro-abortion groups pay for it? Just let people ring the Samaritans.

Or is LIFE and its supporters hinting that their counsellors are more likely to get pro-life outcomes than others? If that is true, their accreditation for NDC should be taken away.

Moral. It is a principle of moral and civil law that silence implies consent. Silence is one of the 'Nine ways of being an accessory to another's sin' in many examinations of conscience. To speak more formally, it is evidently a way of cooperating materially in evil. Material cooperation can be justified in some cases, but this cooperation is close, not remote, and the evil is extremely grave. The justification would have to take the form of an overwhelming good that would be attained, or evil avoided, by the silence, in relation to the chance of non-silence doing any good.

So this would be justified: stifling one's protest about the brutality of the concentration-camp guard would clearly save many people from serious suffering; voicing it would anyway do no good; and no-one is going to imagine that you approve of the brutality anyway (there is no chance of scandal). At first glance, LIFE's supporters have a mountain to climb to show that LIFE counsellors are in that kind of situation.

So can we have an argument, please?

Tuesday, March 08, 2011

Another Prussic problem

Alexander Pruss has put forward some very troubling counter-examples to the solution Frances Kamm gives to the 'Loop' case. Since I follow Kamm, at least in outline, these are problem cases for me too.

Rather than summarise all that here readers can see Pruss for themselves. Here is a response - though not, at the moment, a solution.

Case 1. Jim the railway enthusiast is keen to build a railway between two large cities. His motivation is simply that he loves railways. A safety expert tells him, however, that over 50 years there are likely to be 50 deaths on this railway, if built. Jim is sad because this appears to show that it would be wrong to build it: 50 deaths is a high price to pay for his dream of a gleaming new railway. However, the expert quickly adds that the railway will divert traffic from the roads, and since railways are generally safer than roads the number of lives saved will be, say, 55.

Jim is happy again: it seems that these two unintended side-effects of his project don't just cancel each other out, but leaves him with a modest credit balance.

Case 2. Benny the blackmailer tells Jill that unless she kills one person (Charlie) he, Benny, will kill two other people (all these victims are innocent with nothing much to distinguish them). Jill knows it would be wrong to intend the death of an innocent even to save two lives. Instead, she points her gun directly at Charlie's head, and, with the intention of giving her trigger finger some much-needed exercise, pulls the trigger. She knows, of course, that Charlie will be killed as a result of this, but whereas this would normally be an act of terrible recklessness, she knows that the unintended side-effect of Charlie's death will be more than off-set by the saving of the two other innocents.

What we need to bear in mind with Pruss's cases, which are like my Case 2, is that while it seems that in these cases something is going horribly wrong, the plausibility of the reasoning in Case 1 and others like it is perfectly ok. Not just ok, in fact, but it is essential that we are able to off-set side-effects if we are to engage in any large-scale action: government policies on transport, education, health and so on will invariably generate 'winners and losers' and we balance these out to see if the policy is permissible. If we are to stop Jill's line of reasoning we must show that it is different from that of Jim. Case 1 shows that Kamm's original insight ('triple effect') remains correct.

So how are they different?

1. Jim could intend the good results if he wishes; Jill could not, because if she did she would have to intend the evil means to them. Put another way, the good results come from the evil results for Jill, but not for Jim.

2. Jill is acting much more immediately than Jim, on persons she can identify. She is more closely involved in the evil of innocent deaths.

3. The trivial goods Jill and others like her are intending could be achieved in other ways, which do not bring about such drastic harms. We might ask: what is Jills' intention in doing it this way? The answer would be: to take advantage of the favourable balance of unintended side effects available in this exact situation.

I'm not happy with any of these three differences, as the basis for allowing Jim's reasoning and ruling out Jill's.

On 1: Jim could intend the good results, but as stipulated he doesn't. This will often be the case with the leaders of large-scale projects. Again, consider the 'butterfly effect': by turning over in bed, we may cause a hurricane in New Zealand. We don't need to worry, however, because we are just as likely to be preventing a hurricane in New Zealand. We don't need to go to the trouble of intending the good possible results of our careless actions in order to take advantage of their neutral overall effects; we just note (in response to objections) that we aren't making things any worse.

2. It has been noted before that having identifiable victims can have an effect on our intuitions. It surely can't have an effect on the truth of the matter. The identifiable victims in the Jill case partially explains our distaste for her reasoning, but I'm not ready to bite the bullet and say that, therefore, what she does is ok.

3. We might we say: Jill's intention in exercising her trigger finger with a loaded gun pointed at Charlie with the safety catch off is to capture the positive balance of side-effects, which would not be captured in any other way. Similarly, we always adapt our plans in order to avoid disastrous side-effects. If someone tells you that simply by travelling from A to B via C you may spread a deadly disease from C to B, then you don't go via C, you go via D instead. So Jill can exercise her finger with the gun pointed another way, unloaded etc. etc. but if she does that a disastrous result arises: two innocents are killed by Benny. Instead, she gains her trivial good in a way which won't have this disastrous result, but a less disastrous one, that of Charlie dying.

My feeling right now is that there is a moral difference between the cases, but I can't identify a principled explanation for it.

Tuesday, March 01, 2011

Intending harms: some thoughts

Following the Double Effect conference organised by the Anscombe Centre, I've been thinking about what it means to intend harms. Here are some preliminary thoughts.

There are a range of ways of understanding what constitutes intending a harm, which corresponds to different ways of understanding intention as a whole. A preliminary characterisation of harm would include pain, loss of function, and loss of opportunities for good.

1. An agent intends any harm he knowingly brings about.

2. If an agent intends a physical effect which is a harm to the patient, then he intends the harm which is constituted by that physical effect.

3. If an agent intends a loss of function (etc.) to the patient, then he intends the harm constituted by the loss of function.

4. If an agents intends that the patient by harmfully effected by something, then he intends that harmful effect.

To illustrate:

A. Spraying mosquitoes: Adam sprays an area from an aeroplane to kill disease-carrying mosquitoes, in the knowledge that a small number of people will suffer a painful allergic reaction to the spray.

He intends harm under (1) but under none of the others.

B. Beatrice uses the body of Duncan to cushion the fall of Edith from a ladder. Beatrice intends Duncan to absorb the impact of Edith’s fall, a physical event which is harmful to Duncan.

Beatrice intends harm to Duncan under (1) and (2) but not (3) and (4).

C. Freddie tapes up Georgina’s mouth and nose to prevent her using up oxygen on a stricken submarine.

Freddie intends to harm Georgina under (1), (2) and (3), but not (4)

D. Henry the government official is impervious to requests for help for those suffering from an epidemic. Irene infects him with the disease, in the hope that his own suffering will prompt him to change his policy.

Irene intends to harm Henry under all the definitions.

Counterexamples.

It is easy to show that definition 1 is too wide.

Justin knows he will suffer some pain and stiff limbs after his exercise routine, but he is not motivated by bringing about these harms, he is motivated by the desire to get fit.

Contrary to definition (1), Justin does not intend the harm, since intention is tied to reasons for action and motivation. Which is to say, intending something which brings about a harm is not the same as intending a harm.

It is harder to show if any of the other definitions are too narrow, since here the question is of whether it should be said that what the agents bring about is a harm, or (like Justin’s exercise) that it merely bring a harm about.

Craniotomy: is reducing the size of the baby’s head ipso facto harming the baby, or does it merely bring about harm to the baby?

Fat Man: is using the Fat Man to stop the trolley (to soak up the trolly’s kinetic energy) ipso facto harming him, or does it merely bring a harm about?

In the exercise case, the causation of harm by the agent is direct and inevitable; it is clear that it is not intended, however, since it is clearly besides the point of Justin’s practical reasoning (though it is accepted as a side-effect of what he does): it is neither an end nor a means. In Craniotomy the death of the baby is beside the point in the same way, but the physical modification of the head is not beside the point: it is intended.

I am inclined to say: This bodily modification is not merely a cause of a harm, it is something which is undesirable in the same way that a loss of function is undesireable, that is, in and of itself. I am harmed if my limbs or organs are radically pushed out of shape; it not merely the case that having them radically pushed out of shape will cause me a harm, rather it is a harm to me. If this is right, then definitions 3 and 4 are too narrow.

This is supported by intuitions such as this. If we were to define theft in terms of intentions, then it might be ‘to intend of another the loss of property rightfully his’. The intention of something which will probably lead to a loss of property is not theft: such as taking on a weaker opponent in a game of skill, with a wager. On the other hand the harmful nature of the loss of property does not have to intended: the thief need not intend the victim to suffer grief or want, for example. All the thief needs to intend, to intend a theft, is an objective transfer of goods from the victim to himself. One way of explaining why this is wrong is to say that although the thief may not intend that the victim be harmed in terms of grief or want, taking someone’s goods harms him ipso facto. The thief intends something which is a harm, even if he does not intend the victim’s harm as a separable objective.

Again, we are harmed when cheated, betrayed, or libelled, because those things are bad things when they happen to us. Agents who intend those bad things to happen to others are intending harms to happen to their victims. They may not, in fact, care about the victims’ well being; that may be indifferent to them, whereas they have some other end in view for which cheating and so on is a useful means. Nevertheless, they intend to harm insofar as they intend these bad things to happen to their victims, since these bad things are harms.

Looking at it in this way suggests that a wide definition of harm is needed: harms include not only loss of function, but the compromise of physical or material wellbeing. Causing the loss of wellbeing in this wide sense is not necessarily wrong, but it will normally be wrong if it is intended as an end or a means.

Monday, January 31, 2011

The problem of state neutrality, again

My attention has recently been drawn to a new organisation, the English Defence League. I'm very hazy about what it is all about* but one paragraph in the mission statement caught my eye.

We also recognise that Muslims themselves are frequently the main victims of some Islamic traditions and practices. The Government should protect the individual human rights of members of British Muslims. It should ensure that they can openly criticise Islamic orthodoxy, challenge Islamic leaders without fear of retribution, receive full equality before the law (including equal rights for Muslim women), and leave Islam if they see fit, without fear of censure.

Is this something Catholics would want to push forward, or be concerned about?

As I've blogged before, it is a principle of liberal political theory that what is allowed in the 'private sphere' is determined by principles of public justice. So if members of a particular religion treat each other in a way which conflicts with these principles, then they are subject to the rigour of the law. If the principles of public justice being applied are correct, then there could be no objection to this; the problem is that those principles are contested, and that different religious groups disagree with the standard liberal ones.

In recent years, two developments have taken place which are in conflict with each other, and the conflict is becoming increasinly clear, even though both developments have been promoted for a long time by the same political groups, broadly speaking the Left.

1. The principles of public justice have become increasinly demanding. Government agencies have increasingly seen it as their remit to change minds and behaviour: to give a couple of examples, they have been concerned about the upbringing of children (for example, the campaign against corporal punishment), about the rules governing private clubs and associations (for example, on the equal treatment of women, or on smoking). We have seen an increasing impatience on the part of government agencies with churches which do not admit women or homosexual activists to the various forms of ministry.

2. There has been an increasingly evident policy of allowing certain groups to run themselves by their own rules. The two best examples of such groups are Muslims and homosexuals. So the laws on actual bodily harm cannot be applied to those engaged in masochistic sexual acts; the laws on public decency cannot be applied against homosexuals in public parks. Prosecutors are reluctant to look into the public, let alone the intramural or private, acts of Muslim activists who use threats or incite others to hatred or violence. And most famously, Sharia courts have been recognised as forums for arbitration, and as such their decisions have status in English law.

In practice the two tendencies have been able to co-exist by the principle that public principles of justice cannot be enforced against anyone who can shout 'homophobe!' or 'Islamophobe!' at their accusers. There has long been a principle that they cannot easily be enforced against those who can should 'racist!', which can be tough on black victims of domestic violence, but with Islam we have a group which can make maximum use of this concession, which therefore takes on enormous political implications. For as a religion Islam is in a position to create ghettos in the historical sense: areas of cities, for example, where the law of the land is not enforced, but where the rules are set and enforced by community leaders.

(To the question Why has the Left promoted two developments in such clear opposition to each other?, the answer is to be found in the books of the 'New Left' and their predecessors. Basically, (1) is their essential agenda; (2) is tactical: it is simply a way of weakening the strongest institutions in society which oppose the essential agenda. Since those institutions are often Christian, they can be weakened by insisting on privileges for other religions, and on groups such as militant homosexuals who are irreconcilably opposed to Christianity. It is actually no surprise that as the tactical value of these other groups decline, and the possibility that non-Christian institutions, including Islamic ones, will start to assert themselves against the liberal agenda on social attitudes, the Left will turn on them without mercy.)

In looking at this situation it is hard to know whether Catholics should be more worried about the increasingly aggressive public principles of justice, the increasingly aggressive assertion of independence by Islamic groups, or the likely outcome of the clash between the two. Already there has begun a backlash within the Left, which has belatedly realised that it has created a phenomenon it cannot control, and which has very little in common with the Left in terms of social attitudes. The promoters of the backlash would instinctively insist on a more rigorous enforcement of the principles of public justice, and the more they are worried about the social practices of Islam the more they will want to make those principles intrusive and demanding.

For this reason my sympathy has to some extent always been with the Muslims. They are attempting to live according to the principles of their religion in the midst of a culture highly hostile to those principles. It is not their fault that concessions have been made to them which has created an anomaly in the law. When I see secularists turning their sights on Muslims, I know that attacks on the Catholic Church will follow, if only to demonstrate that the secularists are even handed.

Allowing a community to live according to its own rules, within some limits, is actually quite a widespread historical phenomenon. Jews are the prime example of people who both wanted to have their own rules, and were permitted to have them by the state, as a community within a community, from the Temple tax enforced on the diaspora in the time of Our Lord to the original 'geto' of Renaissance Venice. There is nothing wrong with a group living by its own rules, if these rules conform to correct public principles of justice. What we are faced with today is a unreasonable set of public principles, on the one hand, and a set of group rules which include (or tolerate) cultural practices which are contrary to perfectly reasonable public principles.

If Muslim women are forced to marry, for example, this is of course unacceptable. What worries me is that the public policy makers who may, in time, be forced to recognise this point think that it is unacceptable that Catholic girls do not have instant access to abortion. The much less well-developed Catholic ghetto, in which we have our own schools and hospitals run on Catholic principles, is already under ferocious attack. We should beware of giving ammunition to our attackers.

That is not a principled response, however. A principled response would be this: the primary focus of Catholic political engagement must be with arguing for a better set of public principles of justice. Only in this way will we be able to defend our own institutions, and only in this way will the political problem of Islam become tractable: the process of polarisation between heavy-handed liberal public principles and radicalising Islam can be put into reverse.

What this amounts to is the persistent attempt to make public principles Catholic. That is to say, we should work for the conversion of England.

*The EDL appears to be a far-right group. Extremist groups claiming to combat certain aspects of left-wing ideology, without any connection with a broadly based social conservatism or religion, is a tradition which goes back at least to the anti-clerical royalists of the French Revolutionary era. It includes Muarass, Mussolini, the Nazis, and more recently the Pim Fortuyn movement, in varying degrees of nastiness.

Saturday, January 08, 2011

Rhonheimer's mistake

I have been reading Fr Martin Rhonheimer's reply to Luke Gormally, and it seems to me that he is making a demonstrable mistake. This is of interest since he is a rigorous and in many ways an impressive writer. This is my analysis.


Rhonheimer’s argument against Luke Gormally:

1. Rhonheimer’s (R’s) argument is based on the idea that the sexual acts forbidden by the Natural Law are to be understood in terms of the intentions of the agent.

2. R points out (correctly) that in order to show that the use of an anovulatory pill is (normally) wrong, Humanae Vitae (HV) had to rule that it is the contraceptive intention of the user which is key: thus, the use of the Pill is wrong iff the user intends to impede conception.

3. This R contrasts with arguments frequently met with in the tradition before Humanae Vitae, which make use first and foremost of the notion of ‘unnatural acts’.

4. R points out that since in outward behaviour sexual acts contracepted using the Pill appear less deformed than sexual acts contracepted using a condom, this appeared to some ‘Revisionist’ theologians to leave an opening for the Pill to be used licitly as a form of contraception. This was countered by HV as described (2).

5. R claims that HV’s more developed expression of why contraception is wrong should be used in relation to condoms (and presumably any other form of contraception): these are wrong iff there is a contraceptive intention.

6. R expresses the relationship between the contraceptive intention and the traditional language of unnatural acts by saying that sexual acts are unnatural if they are done with a contraceptive intention. Again, they are contrary to chastity if they are done with a contraceptive intention.

7. On the other hand, R says that it does not make sense to say that acts are contrary to chastity because they are unnatural, if there is no contraceptive intention. This limitation of the prohibition of Natural Law to acts done with a contraceptive intention, R claims, is something revealed by HV in light of the personalistic approach of Gaudium et Spes, though it is also in accord with the long-standing tradition of understanding moral acts in terms of the intentions with which they are done.

Thus R writes:
I am aware that, as you [Gormally] wrote in your letter, your “critique did not rest on any claim that the use of a condom is necessarily contraceptive” but rather on the argument that condomistic intercourse “is an essentially non-reproductive sexual behaviour.” You perhaps can accept what I say about contraception, but you want to distinguish – from any form of contracepted acts – those acts which in addition are behaviourally essentially non-reproductive and therefore “against nature.” In my view "Humanae vitae" has rendered obsolete this distinction.

Response:
Rhonheimer seems to me correct in points 1-4. Point 7 is demonstrably false. It has an obvious counter-example in (heterosexual) sodomy: as the Church teaches, acts of sodomy are illicit under Natural Law regardless of the intention with which they are done. These acts need not be motivated by a contraceptive intention; they may have many intentions. It is quite clear however that sodomy carried out with the intention of pleasure, for example, is wrong, even within marriage.

It is not, of course, forbidden as mere outward behaviour. Bodily movements over which the will has no control for one reason or another are not subject to moral appraisal. The prohibition refers to acts chosen and intended. Rhonheimer correctly says that contraceptive intentions make acts wrong; in the case of sodomy, it is the intention to enagage in a complete sexual act in vase indebito which make acts wrong. In the case of murder it is the intention to kill.

On Rhonheimer’s argument it may seem puzzling that acts with sodomistic intentions are contrary to the virtue of chastity. Why should they be? The argument in Humanae Vitae about the unitive and procreative aspects of sexuality underpins the claim that acts with a contraceptive intention are contrary to chastity; what argument is there in the case of acts with a sodomistic intention? There is no need, however, to seek arguments in HV for what all Catholics at the time of HV and before and since have taken for granted, the wrongness of sodomy; one can look at the previous tradition. This tradition, framed in terms of unnatural acts and teleology, is not, contrary to Rhonheimer, abrogated by HV, which was seeking a new argument to explain a case to which the old arguments did not so clearly apply.

That, however, is a problem for Rhonheimer, not for his opponents. It is enough to say that Gormally’s argument seeks to identify condomistic sex as a form of sodomy (so there is a question of the exact definition of sodomy), and that Rhonheimer’s response denies that sodomy is intrinsically wrong. Whether or not Gormally is correct (and while his argument is compelling we will ultimately have to await a clarification from the magisterium), Rhonheimer must be wrong, since the illicit nature of sodomy is far too deeply embedded in the tradition of the Church to be considered a fallible teaching (see Romans 1:24-27).

Postscript: The condemnation of heterosexual sodomy is implicit througout the Tradition, though the focus is generally on homosexual acts. In the modern era sodomy is clearly defined as anal intercourse (or any intercourse 'in vase indebito'), regardless of the sex of the participants, and of course regardless of the further intention of the act, and this is clearly condemned in all the manuals of moral theology. Here are a two examples of the condemnation of sodomy (clearly in the sense just described) by the Magisterium.

1. A friend has found the following in the classic 'Contraception' by Noonan: "On 3 April 1916, [the Sacred Penitentiary] declared that when a husband wished to commit 'a sodomitic crime', he must be resisted by his wife and she could not cooperate 'even to avoid death' as the act would be 'against nature' on the part of both. The Penitentiary expressed 'great astonishment' that some priests had taken a milder view. (Decisiones Sanctae Sedis, p.35)" (p. 514, fn.136, John T. Noonan, Contraception, Mentor-Omega, New York, 1965)

2. The 1917 Code of Canon Law includes sodomy among the sexual sins for which the laity are to held 'infames'

Can. 2357. par. 1. Laici legitime damnati ob delicta contra sextum cum minoribus infra aetatem sexdecim annorum commissa, vel ob stuprum, sodomiam, incestum, lenocinium, ipso facto infames sunt, praeter alias poenas quas Ordinarius infligendas iudicaverit.

There are parallel norms dealing with clerics (2358 & 2359).

Monday, December 20, 2010

Luke Gormally replies to Rhonheimer

I can't find this online in a convenient form, though it appeared here (scroll down). It deserves a wider audience.
------------------------------

An open letter to Fr. Martin Rhonheimer by Luke Gormally

Dear Fr Martin,

I hope you may agree that the time has passed when it would be appropriate to resume the private and friendly email exchanges we had in 2004/2005. Your recent interventions, published by Sandro Magister and 'Our Sunday Visitor', following the observations of Pope Benedict about the use of condoms as a prophylactic measure, amount in effect to renewed public advocacy of your point of view. That point of view originally found public expression in an article in 'The Tablet' (10 July 2004) about which you say: 'I was informed that the Congregation for the Doctrine of the Faith, then headed by Cardinal Ratzinger, had no problem with it or its arguments'.

It is unclear what is strictly implied by this statement. Are we to assume that the Congregation formally considered your article in the light of advice from its consultors and agreed there was no problem with it? Many will think that that is what your statement implies. And if they do, then a viewpoint which I continue to think profoundly subversive of the Church's teaching on sexual ethics will appear to have acquired authoritative endorsement. There is clearly an urgent need now for the Congregation publicly to clarify its position.

A significant body of moral theologians and moral philosophers submitted some time ago a detailed critique of your position to the Holy See. It is a pity that that critique is not in the public domain and that I am the person identified as a principal critic of your position. Though I lack the distinction of many of your critics, the public prominence I have been given inclines me in face of the renewed advocacy of your position to reiterate the principal points of the critique which I advanced in 2005.

As you know, my critique did not rest on any claim that the use of a condom is necessarily contraceptive. Acknowledging that, however, does not mean that the teaching of 'Humanae vitae' is irrelevant to this debate, for section 12 of that encyclical states a quite basic principle of the Church's sexual ethic. It is that there is 'an inseparable connection - established by God and not to be broken by human choice - between the unitive meaning and the procreative meaning which are both inherent in the conjugal act'. If the exercise of sexual capacity is to be chaste it should be marital, and to count as marital it must be reproductive type behaviour, ''per se' apt for the generation of offspring' (Canon 1061). Any type of behaviour which 'qua' behavioural performance is of its nature inapt for the generation of offspring cannot be the bearer of 'procreative meaning'. It cannot therefore unite a couple in the way proper to marriage. Intercourse with a condom is of its nature inapt for the generation of offspring. It is a minimal condition of intercourse being of the reproductive kind that a man ejaculates into his wife's reproductive tract. It does not make sense to say that a couple engaging in intercourse with a condom intend marital intercourse. One can intend only what is in principle realisable, and marital intercourse is not realisable through behaviour of a non-reproductive kind.

What seemed to me radically subversive about your position in 2004 (with which the CDF 'had no problem') is the claim that provided a couple have a prophylactic rather than contraceptive intent in engaging in condomistic intercourse their intercourse is marital. That amounted to saying that essentially non-reproductive type behaviour can be marital, a thesis that is inconsistent with the basic norm of chaste sexual behaviour. Though in your OSV interview you say that you did not at the time 'sufficiently take into account' the kind of objection I have stated to your position, you also say you remain unsure whether this objection is compelling. And it is significant that your reason today for not encouraging a couple to use a condom is because of what you take to be required by the virtue of justice (that 'one abstain completely from dangerous acts') and not at all because of what is required by the virtue of chastity ('I would not think their intercourse to be what moral theologians call a sin 'against nature' equal to masturbation or sodomy').

Condomistic intercourse as essentially non-reproductive sexual behaviour is precisely what moral theologians call a sin 'against nature'. And sins 'against nature' are more deeply contrary to the virtue of chastity than simple fornication. It seems to me that you misinterpret the motives of those who object to the idea that it would be better for an adulterer, a fornicator or a prostitute to wear a condom in having intercourse, as you propose. What is at issue is not a concern to tell people how to perform intrinsically evil acts. It is rather a concern not to endorse the 'common sense', worldly wisdom, which you seem to endorse in circumstances in which people cannot be persuaded to embrace chaste behaviour. For your admirable desire to persuade people 'to abstain from immoral behaviour altogether' will hardly be advanced by representing as preferable 'sins against nature' which are more deeply corrupting of a person's sexual dispositions.

A concern for justice is indeed important in sexual relationships but the claims of justice ought never to be secured at the expense of subverting other moral dispositions. That is the very least that is implied in the ancient thesis of the unity of the virtues.

We should be clear what is meant by that rather vague phrase 'humanising sexuality'. It cannot be taken to mean, if it is to be consistent with the Church's teaching, persuading people to make their sexual activity the expression of just any kind of 'loving concern' for others. It means converting them to a chaste way of life, which surely requires that one is unambiguous about the need to abstain from sexual activity outside marriage and within marriage to engage only in such sexual intercourse as is 'inseparably unitive and procreative in its significance'.

I have addressed this open letter to you in the hope that a brief presentation of a counter-position to yours will serve to bring home the need for an authoritative clarification of the issues. For the CDF's apparent endorsement of your 2004 article is troubling.

With kind regards and all good wishes,

Yours sincerely,

Luke Gormally

London, December 15, 2010

Thursday, November 25, 2010

The Pope on condoms: some conclusions

The Pope's remarks on condoms have generated a tidal wave of blogging by orthodox Catholics eager to counter the absurd reporting by the secular media.

It is pleasing to see that a consensus quickly formed around the basic meaning of the text: one might call this the 'less evil, not justified' response. This is what I said myself; Fr Joseph Fessio's illustration, of muggers putting pads onto the metal bars they use to club their victims has attained some currency, as has Janet Smith's example of using an unloaded gun to rob a bank.

I've seen it said that the Holy Father was really talking about the mentality of the individual using the condom, rather than the objective moral status of the act. The subjective state of the agent is clearly in the spotlight, but while it is possible the Pope had in mind a subjective improvement without a objective improvement, the most obvious interpretation would involve both. (A subjective improvement without an objective one might happen if the agent took a step towards making his action more morally acceptable in a completely wrong-headed way, a way which did not, in fact, make the act more acceptable. Such as a murderer deciding to ask Odin to take his victims to Valhalla before despatching them.)

The text we have been discussing has presented a moving target, however, as successive things have been revealed about it: first, the problem of the translation of the key term (a male prostitute, in the original German), and then the Vatican Spokeman's claim that the Pope told him it would make no difference if the prostitute were male or female. This kind of thing undermines attempts to defend the Holy Father while increasing the confusion and opportunity for mis-reporting in the secular media.

Insofar as there is a real issue here, it is this: as is well known there is an argument that condoms could be used, not for contraceptive purposes, but to stem the spread of disease, such as AIDS. Since this obviously would not come under the Church's prohibition of contraception, we have to look elsewhere for a reason to condemn it, if we are to do so. A number of reaons have in fact been put forward, but they have not found their way into magisterial statements. The matter is one of open debate, though it has been pretty clear that the rejection of condoms is the 'safer' opinion, the one 'favoured' by the Church. I've discussed it in some detail myself.

In the classic case, the married couple where one party has AIDS, the reasons for condemning condom use are clear and overwhelming. It would be an insane risk for them to have marital relations, even with a condom: taking such a risk would be wrong for each of them. The Church's condemnation of duelling comes to mind: you shouldn't risk your life or health unnecessarily.

Would it be better to use a condom rather than not, in marital relations, in this context? That depends on the second argument, which is that there is a problem with 'condomistic intercourse'. Intercourse using a condom is, according to this argument, is not natural intercourse, because there is a barrier between the parties. It is akin to sodomy.

The argument has been made influentially by important Catholic experts, including William Hay and Luke Gormally. It has a pedigree in the debate before the invention of the contraceptive Pill: since it was common to say that contracepted sex (using a condom) was unnatural, and distorted the marital act, when the Pill came out its supporters said that it had the advantage of not distorting the act in itself in the same way. (It was quickly pointed out that the use of the Pill for contraceptive purposes was intrinsically wrong in itself, of course.)

In the context of this second argument it may make a difference whether the prostitute in the Pope's example was engaged in homosexual acts or ordinary sex. If the former, the second argument wouldn't apply. That's why I said that while the use of a condom might be a step in the right direction for a rent-boy (like padding the iron bar one uses to bludgeon people unconscious), it wouldn't necessarily be so for a female prostitute.

The words of the Vatican Spokesman, Fr Lombardi, suggest that the Pope did not, in fact, use the example of a male prostitute having this kind of argument in mind. If the case of male (understood as homosexual) prostitutes and female ones are equivalent, and in both cases there is a 'step towards moralisation' being made in adopting condoms, then it would seem that there is not a problem with non-contraceptive use of condoms. This is what is exciting some liberals inside and outside the Church.

But we are going far too fast. Let's list the caveats.

1. Even if the second argument against the prophylactic use of condoms is rejected, the first argument remains. It is still obviously true that having sex knowing one has HIV is subjecting one's partner to a significant risk of contracting an incurable deadly disease, even with a condom. Such an act is obviously wrong - for married couples and prostitutes alike.

2. Fr Lombardi's version of the Pope's views is not incompatible with the second argument, for two reasons. First, it may be that, while condomistic sex is worse than non-condomistic sex (inside marriage, and outside marriage), subjecting one's partner to the high risk of contracting AIDS is worse than subjecting one's partner to a lower risk of AIDS. If the difference of moral badness between the latter is of greater import than the difference of moral badness in the former, then we may have made some small progress by moving from high-risk non-condomistic to lower-risk condomistic sex. A parallel might be a murder who uses a knife rather than a hand-grenade: it is a more painful method to kill but has less risk of maiming bystanders.

3. Fr Lombard's version is not incompatible for the second reason that the Pope may simply not have this second argument against condomistic sex in mind. This is an answer to a journalist's question, after all, and it may be that if the Pope were asked 'what about this argument about condomistic sex?' he'd say something different. What this is clearly NOT is a rejection of the argument that condomistic sex is not natural: the Holy Father simply isn't considering the matter.

4. Related to the last point, we are simply miles and miles away from an authoritative statment. We start with a book containing the words of the Holy Father in his capacity as a private theologian. Naturally, this is of interest in understanding the Pope's public acts but it isn't an official commentary on them, still less does it rival them. Then we have to understand that this is an interview: whereas in his book 'Jesus of Nazareth' the Pope laboured over multiple drafts and composed each sentence with care, in this book he speaking entirely off the cuff. While we might imagine that there was some editing this is a completely different type of publication. Finally, we have the words of Fr Lombardi, who has no brief either in moral theology nor as a spokesman for the Pope. No one can speak for the Pope - as Fr Lombardi himself has emphasised. And we are at liberty to disagree with him in any case.

One can understand the temptation, on the part of those who don't like the arguments against the prophylactic use of condoms, to seize on the Pope's remarks (and Fr Lombardi's), but they simply don't do what the liberals need them to do: to make it possible for the Church to allow or promote condoms to combat AIDS. The only uses of condoms the Holy Father has referred to remain immoral. Any tension between his reasoning and the argument about condomistic sex being unnatural remains ambiguous.

Perhaps the Holy See will clarify the Church's teaching. This may well have been delayed, as Fr Tim Finnigan suggests, by the fear of the headlines it would generate. But anyone with an eye to the direction of the debate over the last 40 years (and longer) would be foolish to assume that a clarification would generate headlines like 'Pope softens line on condoms'. Much more likely, in my view, would be headlines like 'Pope hardens line on condoms'. It is probable that a clarification would endorse the argument on condomistic sex, and inconceivable that it would say that that condoms were permissible as a prophylactic for a married couple.

Postscript: John Smeaton has an interesting selection of Church statements condemning contraception outside marriage, which is an important side issue. Even in immoral sexual relations, it makes it worse to use contraceptives. Furthermore, the Holy Office said in 1854 that sex with a condom is intrinsically evil, without reference to a contraceptive intention.