Prudential Judgment
by Christopher Dodson,
Executive Director, North Dakota Catholic Conference
June 2004
In matters of public policy, some elected officials,
Catholic and non-Catholic, will invariably disagree with
the Church’s position on a particular issue or
legislative proposal. Sometimes the issue is so morally
clear and so fundamental to the faith, that the
disagreement cannot be justified or reconciled with being
Catholic. Other times, there can exist legitimate
differences of opinion as to how to best to respond to a
social problem. By recognizing these differences in
“prudential judgment,” the Church acknowledges
that at the level of concrete political action various
views and methods can exist without running afoul of
Catholic teaching.
Recently, however, it seems that many politicians have
embraced “prudential judgment” as a reason for
casually dismissing or disregarding the positions of the
bishop or bishops’ conference. By doing so, these
politicians adopt a flawed understanding of prudential
judgment that, in addition to jeopardizing their souls,
raises questions about character, integrity, and values
that should be considered by voters.
There are at least ten reasons why prudential judgment is
not “blank check” that allows Catholics to do
as they will.
1. Catholics cannot separate their faith life from their
political life.
Although recent events during this election year have given
focus to this lesson, it is not new. The Catechism states
that Jesus summed up man's duties toward God in this
saying: "You shall love the Lord your God with all your
heart, and with all your soul, and with all your mind." The
key word here is “all.” It is not possible to
serve God unless we serve Him in all our affairs, including
our political activities. Believing that God is concerned
only about a few “absolute” issues removes the
other issues outside our spiritual life and makes them
ours, rather than God’s.
2. The bishop is entitled to deference and consideration,
even in matters of prudential judgment.
Although a bishop’s position may not always be
binding, it is due serious consideration. The bishop, as a
successor to the apostles, is our teacher, shepherd, and
pastor. The Gospel has consequences for how we order
society and a bishop has a proper role in bringing these
consequences light in the development of public policy.
Even if legitimate differences can exist, serious
consideration and deference to the bishop’s view
would seem proper for any Catholic that believes what the
Church teaches about the episcopacy and the social
implications of the faith.
3. The church’s experience deserves consideration.
The Catholic Church is the nation’s largest provider
of private nonprofit social and educational services.
Everyday, people working through the auspices of the
Catholic Church provide healthcare, adoption services,
addiction treatment programs, childcare, immigrant
assistance, counseling, job and life skill training,
shelter for the homeless, food and medicine to those in
need, guardian care, hospice for the dying, and help for
the woman facing a crisis pregnancy. Children throughout
the country, often in areas without many Catholics, are
educated in Catholic schools. Catholic cemeteries minister
the dead and their families. The list could go on and on.
The experience gained through all these activities bear
upon questions of public policy. Welfare reform, education,
healthcare, guardianship services, adoption policies, and
alternatives to abortion services are some of the areas of
policy where the Church offers not only moral guidance, but
also offers advice based on real life experiences. It would
foolish for any legislator, Catholic or non-Catholic, to
not consider the Church’s recommendations in these
areas.
4. An informed conscience must guide our decisions.
By definition, “prudential judgment” is not
merely acting differently than another. The decision must
be prudent. Prudence is a virtue that directs our action to
what is right. The Catechism states that a person is
prudent when he or she acts in conformity with an informed
conscience.
The Catechism also notes that we have a duty to inform our
conscience. Thus, the mere fact that there is no
“absolute” teaching on a political issue does
not mean that we are free to act in whatever way
“feels” right. Rather, we have a duty to inform
and enlighten our conscience and accordingly.
5. Any policy must conform to moral laws and ethical
standards.
The mere fact that the best approach to an issue may be a
matter of prudential judgment does not mean that the
approach is beyond moral and ethical scrutiny. Legitimate
differences may exist, for example, as to what level
Congress should set the minimum wage. Those differences,
however, cannot justify leaving matters of justice and
morality out of the issue such that the established amount
violates the moral law or ethical standards.
6. A decision must conform to Catholic social teaching.
Similarly, merely because differences of opinion can exist
does not mean a Catholic can embrace a policy that
contradicts a principle of Catholic social teaching. For
example, differences may exist as to how best to balance
protection of the environment and private property rights.
However, a Catholic should not support a policy that fails
to respect the need to steward God’s creation or the
proper uses and limits on private property.
7. The policy must use licit means.
Since a solution to a public policy issue must conform to
the moral law, the means employed must conform to the moral
law. Sometimes the goal is desirable, but the way the
policy attempts to reach that goal is morally unacceptable
or embraces a method contrary to the intent and spirit of
the desired goal.
For example, “family caps” in welfare reform
attempt to reduce out-of-wedlock pregnancy and welfare
rolls by denying welfare assistance to children conceived
while their mother was receiving assistance for another
child. The purpose is good. However, the method used, since
it discriminates against a poor child merely because of the
circumstances of his or her conception and because it sends
a message that poor children should not be born, is
unacceptable.
Attempts to eliminate abortion by criminalizing the mother
or pushing contraceptives is another example, as is
targeting civilian populations to win a war.
8. The position must be based on reason and fact.
Some Catholic politicians seem to use “prudential
judgment” to justify ignoring the facts or blindly
following party lines. All persons are morally obligated to
use reason and the available facts when deciding on a
public policy matter. Debates about the death penalty
provide a good example of our need to apply reason and
facts.
The Church has long acknowledged that there may be times
when the government can apply the death penalty to defend
human lives from an unjust aggressor. However, “if
non-lethal means are sufficient to defend and protect
people's safety from the aggressor, authority will limit
itself to such means, as these are more in keeping with the
concrete conditions of the common good and more in
conformity with the dignity of the human person.”
Some politicians contend that whether “non-lethal
means are sufficient” is a matter of opinion and a
Catholic can disagree with the bishops on the need for the
death penalty. Perhaps this is true. A Catholic cannot,
however, ignore the facts or the use of reason. Considering
our nation’s wealth and all the penal options
available, it is difficult to see how any reasonable person
could disagree with the Catechism’s own assessment
that “the cases in which the execution of the
offender is an absolute necessity ‘are very rare, if
not practically non-existent.’”
9. Personal motive must be pure.
A Catholic is not excused from his or her duties as a
Christian. Even if the purpose and methods are legitimate,
a politician should not advocate a policy for inappropriate
reasons, such as self-interest, party politics, anger,
special favors, or narrow parochialism.
10. We should avoid the appearance of moral relativism.
When a Catholic politician nonchalantly disregards the
Church’s concerns on the grounds that the issue is a
matter of prudential judgment, he or she furthers the
appearance of moral relativism. Not all opinions are equal
and not all opinions are ethically or morally sound. True
and solid moral and ethical principles exist. Legitimate
differences can exist, but they are only legitimate if they
do not stray from these principles. Casually disregarding
the bishop’s view on the grounds that “it is
only his opinion and I have mine” perpetuates the
notion that morality is relative.