Dennis J. Wieboldt III has posted Natural Law Appeals as Method of American-Catholic Reconciliation: Catholic Legal Thought and the Red Mass in Boston, 1941-1944, which appeared in U.S. Catholic Historian:
As Edward Purcell demonstrated in the Crisis of Democratic Theory and I discovered when I wrote a history of Georgetown Law that covered the same period, how Catholics invoked Natural Law to argue that they belonged in the United States during the years when the nation's exceptionalism was a fighting faith is fascinating. The story Wieboldt recounts is news to me, and it might provide clues to the thinking of at least some of the Catholics justices on today's Supreme Court.Amid the Second World War, the Boston College Law School and the Archdiocese of Boston co-sponsored the first Red Mass in New England. Though this liturgy had been celebrated for centuries to invoke divine guidance for legal administrators, the Red Mass tradition emerged in Boston during a particular American Catholic intellectual movement. This movement encouraged Catholic and non-Catholic legal practitioners to predicate their understandings of the American legal tradition on the Natural Law philosophy of Thomas Aquinas and, purportedly, the Founding Fathers. By employing the movement's intellectual resources during Red Mass sermons, Boston's Catholic leaders believed they could demonstrate the philosophical Americanness of U.S. Catholicism. Chiefly responsible for the Red Mass tradition's emergence and sustained influence in Boston was Father William J. Kenealy, S.J., Boston College Law School's dean (1939-1956). The history of the first four Red Masses in Boston suggests that the experience of wartime significantly informed Catholic leaders' postwar conviction that appealing to the Natural Law could offer an effective medium for American-Catholic reconciliation.
Thomas Aquinas (NYPL)
--Dan Ernst
