An Excessive Claim: Sterilization and Immediate Material Cooperation

Keenan James , “Institutional Cooperation and the Ethical and Religious Directives,” Linacre Quarterly. 64 (August 1997): 53–76.

Keenan James “Cooperation and Hard Cases,” Ethics and Medics, 23.8 (August 1998): 1–3.

Keenan “Institutional Cooperation and the Ethical and Religious Directives.” 71–3. Cf. “Cooperation and Hard Cases,” 1.

National Conference of Catholic Bishops, “Ethical and Religious Directives for Catholic Health Care Services,” (Washington: USCC, 1995). Hereafter cited ERD. See the full text reproduced in Origins 24 (December 15, 1994): 450–61.

Keenan “Institutional Cooperation and the Ethical and Religious Directives,” 71. Keenan sketches a very similar case in his “Cooperation and Hard Cases,” 2.

Keenan “Institutional Cooperation and the Ethical and Religious Directives,” 68.

Aside from citing a similar case in Gary Atkinson and Albert Moraczewski, A Moral Evaluation of Contraception and Sterilization, (St. Louis: Pope John XXIII, 1979) 86–7, Keenan does not specify to whom he refers here.

Keenan , “Institutional Cooperation,” 72. Keenan does not specify the “many” who seem to believe that the bishop should approve the contract.

Keenan , “Institutional Cooperation.” 72.

Keenan , “Institutional Cooperation.”, 73.

Keenan , “Institutional Cooperation.”, 69

James F. Keenan , and Cathleen Kaveny M. , “Ethical Issues in Health-Care Restructuring,” 56 (March 1995): 146. [footnotes omitted]

Keenan James , and Kopfensteiner Thomas , “The Principle of Material Cooperation” Health Progress, 76.3 (April 1995), 24. [footnotes omitted]

The teaching of the ordinary universal magisterium refers to the teaching authority of the college of bishops together with their head, the pope, when the college is not gathered together in an ecumenical council and is not defining something as dogma of the faith.

“Instruction on the Ecclesial Vocation of the Theologian,” n. 17. For the full text see Origins, “Instruction on the Ecclesial Vocation of the Theologian,” 20 (July 5, 1990): 118–126.

“Instruction on the Ecclesial Vocation of the Theologian,” n. 24.

Sullivan Francis , Creative Fidelity, (New York: Paulist Press, 1996) 4–5.

For an unofficial translation of the Responsum see Origins, 6 (June 10, 1976): 34–5. For the official Latin text see Acta Apostolica Sedis, 68 (November 1976): 738–740. For the text of the Commentary see Origins, “Sterilization Policy for Catholic Hospitals,” 7 (December 8, 1977): 399–400; for the clarification see Origins, “NCCB Statement on Tubal Ligation,” 10 (August 28, 1980): 175. Perhaps it should be noted that the text of the Responsum was not made public in the United States until a physician, who had somehow obtained a copy of it, read it during a discussion at an international meeting of Catholic physicians. Origins then published an unofficial translation. Up until that point Archbishop Joseph Bernardin, then president of the NCCB-USCC. had summarized the Responsum in a letter to U.S. bishops. For the text of Archbishop Bernardin's letter see Linacre Quarterly. 42 (November 1975): 220.

As quoted in Smith William B. , “Catholic Hospitals and Sterilizations,” Linacre Quartertly 44 (May 1977): 109.

See Lumen Gentium, 25, 27. Cf. Lumen Gentium 23.

Here I follow the translation in Origins, (June 10, 1976): 34. For the Latin text see Acta Apostolica Sedis, 68 (November 1976): 738.

I have re-worked this part of the translation that appeared in Origins. Again, the translation that appears there is not an official translation. In any case the Latin text remains normative. For another translation see “Dialogue about Catholic Sexual leaching,” in Readings in Moral Theology, v. 8, (New York: Paulist Press, 1993): 172–4. The latter translation renders adprobata vel admissa as “approved or admitted.” This translation of these verbs is closer to my translation given above.

This is not correct according to the dictionaries I consulted - Cassell's and The Oxford Latin dictionary. “Consent” usually translates consentire, assentire.

I follow the Origins translation here.

It should be recalled that the Theological Commission at Vatican II had occasion to refer to queries to the approved theological writings. For an example see Acta Synodalia Concilii Vaticani Secundi, III/8, 88, n.159. One moral theologian who has recognized this meaning of “traditional doctrine” is Smith William B. , “Catholic Hospitals and Sterilization,” 112.

Necessary cooperation denotes a kind of cooperation without which a sinful act could not be performed. Example: Giving a cyberthief the computer password needed for electronically accessing and stealing from another person's bank account. Free or contingent cooperation is the kind of cooperation without which the sinful act could still be performed. Example: Turning on the computer for a cyberthief who already possesses the computer password necessary to electronically access and steal from a bank account.

Another issue with regard to the traditional doctrine about material cooperation is whether the principles of cooperation apply not only to individuals but to corporate entities such as a Catholic health care facility as well. Except to make three observations about this issue I shall not explore it here for it deserves a separate treatment of its own. First, it should not be too quickly assumed that the Responsum meant to say that the principles of material cooperation apply not only to the employees of a health care facility but to the health care facility itself. For one thing the Responsum makes no such claim, at least explicitly. Secondly, one would have to show that there is a consensus in the writings of the approved authors (traditional doctrine) to the effect that the principles of material cooperation are applicable not only to individuals but corporate entities as well. Thirdly, there is some indication that some of the approved authors do not seem to think that material cooperation can be applied to corporate entities. For instance. Henry Davis has this to say: Where a hospital is served and administered by Catholic Religious women or even by a Catholic Committee, no sinful operation should be allowed under any circumstances, except that in the one case, where unexpectedly and contrary to regulations a surgeon proceeds to do what is sinful, the nurse may then offer assistance by material cooperation, to avoid worse evils. See Moral and Pastoral Theology, v. I., (New York: Sheed and Ward, 1938), 348. Davis cites Alfred Vermeersch, Theologia Moralis, v.2, (Rome: Universitas Gregoriana, 1928) n. 139.

For an example see The Catechism of the Catholic Church, n.2284.

All quotations from the Commentary are taken from the text that appears in Origins, “Sterilizations Policy for Catholic Hospitals.” 7 (December 8, 1977): 399–400.

National Catholic Conference of Bishops, “Ethical and Religious Directives for Catholic Health Facilities,” (Washington, D.C.: USCC, 1971), 6.

“NCCB Statement on Tubal Ligation.” 10 (August 28, 1980): 175.

See Origins, “NCCB Statement on Tubal Ligation.” 10 (August 28, 1980): 175.

See the text in Origins. “Ethical and Religious Directives,” 24 (December 15, 1994): 45.

The recent apostolic letter from Pope John Paul II, Apostolos Suos, (which adds new canons to the Code of Canon Law) has affirmed that: “Bishops, whether individually or united in Conference, cannot autonomously limit their own sacred power in favor of the Episcopal Conference, and even less can they do so in favor of one its parts, whether the permanent council or a commission or the president.” See Apostolos Suos, n.20. The logic of this teaching and law of the Church follows from an understanding of Church as a communion. For the full text of this apostolic letter, see Origins, 28 (July 30, 1998): 152–58.

Veritatis splendor, n. 81.

Fr. Kevin O'Rourke has criticized the views of Keenan precisely on this point. See Ethics and Medics, 23.8 (August 1998): 3–4.

For example see Jean-Marie R. Tillard Church of Churches: The Ecclesiology of Communion. (Collegeville. MN: Liturgical Press, 1992), French original Eglises d'Eglises: l'ecclesiologie de communion, (Paris: Cerf, 1987); Walter Kasper, “The Church as Communion: Reflections on the Guiding Ecclesiology Idea of the Second Vatican Council” in Church and Theology, (New York: Crossroads Press, 1992). Miguel Garijo-Guembe, Communion of the Saints, (Collegeville. MN: Liturgical Press, 1994), German original Gemeinschaft die Heiligen: Grund, Wesen und Structur der Kirche, Patmos Verlag. 1988. Ratzinger Joseph , Called to Communion. San Francisco: Ignatius Press, 1996; Jerome Hamer. The Church is a communion, tr. Ronald Matthews. (New York: Sheed and Ward, 1964), French original L'Eglise est une communion. (Paris: Les Editions du Cerf. 1962). The Final Report of the 1985 extra-ordinary Synod of Bishops observed that: “The ecclesiology of communion is the central and fundamental idea of the council's documents.” See “The Final Report,” Origins. 15 (December 19, 1986): 448. More recently see the Congregation for the Doctrine of the Faith, in its letter to bishops Origins “Some Aspects of the Church Understood as a Communion.” 22 (June 25, 1992): 108–112.

This is what some theologians call the mutual interiority of the Church. See for example Henri de Lubac. The Motherhood of the Church, tr. Sr. Sergia Englund, O.C.D., (San Francisco: Ignatius Press. 1982) 201; de Lubac cites Yves Cougar, “La collegialite de l'episcopat et la primaute de l'eveque de Rome dans l'Histoire Angelicum. ” 47 (1970): 403–427.” On the mutual interiority of the Church see the Congregation for the Doctrine of the Faith,” Some Aspects of the Church Understood as a Communion” has pointed out here the formula of the Second Vatican Council: “The Church in and formed out of the Churches is inseparable from another formula: The Churches in and formed out of the Church.” See Origins “Some Aspects of the Church Understood as a Communion.” 22 (June 25, 1992): 109.