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Essays in Honor of Judge John T. Noonan, Jr.: An Introduction

Published online by Cambridge University Press:  24 April 2015

Bernard J. Cassidy
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Extract

Judge John T. Noonan, Jr., the honoree of this festschrift, is a major figure in both legal studies and religious studies, and so it is especially fitting that the Journal of Law and Religion publish these essays in his honor. This essay will serve as an introduction to Noonan's works and to the essays collected herewith.

John Noonan's activities in connection with secular law are fairly well known. He has served with distinction as United States Circuit Judge on the Court of Appeals for the Ninth Circuit since 1985. In addition to serving on the bench, he has taught for nearly thirty years at Boalt Hall, the law school at the University of California at Berkeley, and twice been a visiting scholar at the Institute for Advanced Study in Princeton. Earlier he was Professor of Law at the University of Notre Dame Law School, and throughout his career he has served as a visiting professor at other distinguished law schools including Stanford and Harvard, his alma mater.

Type
Symposium in Honor of Judge John T. Noonan, Jr.
Information
Journal of Law and Religion , Volume 11 , Issue 1 , February 1994 , pp. 143 - 150
Copyright
Copyright © Center for the Study of Law and Religion at Emory University 1988

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References

1. A festschrift, from the German fest (festival) and schrift (writing), is a collection of essays written in honor of a major scholar to celebrate his or her contributions to a field.

2. See generally Starr, Kevin, Judge John T. Noonan, Jr., A Brief Biography, 11 J Law & Relig 151 (1994–1995)CrossRefGoogle Scholar (describing John Noonan's education).

3. For an account of the most striking episode that took place during Judge Noonan's law review tenure, see Freedman, Monroe H., John T. Noonan, Jr.: Exemplar of Ethical Conduct, 11 J Law & Relig 229 (1994–1995)CrossRefGoogle Scholar.

4. Noonan, John T. Jr., My Philosophical Education at 3 (1995)Google Scholar (unpublished manuscript).

5. Noonan, John T. Jr., The Scholastic Analysis of Usury (Harvard U Press, 1957)Google Scholar.

6. Noonan, John T. Jr., Contraception: A History of Its Treatment by the Catholic Theologians and Canonists (Belknap Press of Harvard U Press, 1965)Google Scholar.

7. On the history of the Commission, see Kaiser, Robert Blair, The Politics of Sex and Religion (Leaven Press, 1985)Google Scholar; Valsecchi, Ambrogio, Controversy: The Birth Control Debate 1958—1968 (Corpus Books, 1968)Google Scholar; see also Haring, Bernard, C.Ss.R., , Learning More About God's Plan in a Worldwide Community, 11 J Law & Relig 177 (1994–1995)CrossRefGoogle Scholar.

8. For a brief account of the doctrinal issues, see Cahill, Lisa Sowie, Catholic Sexual Ethics and the Dignity of the Person: A Double Message, 50 Theological Studies 120, 150 (1989)CrossRefGoogle Scholar.

9. The classic expression of the doctrine may be found in the papal encyclical Casti Connubi reprinted in Five Great Encyclicals at 77 (Paulist Press, 1939)Google Scholar.

10. Gaudium et spes (reprinted in Abbott, Walter M., S.J., , ed. The Documents of Vatican II at 119 (Herder & Herder Assoc. Press, 1966, reprint)Google Scholar.

11. Schema documenti de responsibnili paternitate (June 26, 1966), reprinted in Liebard, Odile M., Love and Sexuality at 314–320 (McGrath, 1978)Google Scholar.

12. Id at 317.

13. Kaiser, , The Politics of Sex and Religion at 177Google Scholar (cited in note 4) (Diary of Canon Pierre de Locht).

14. Paul, Pope VI, Humanae Vitae (United States Catholic Conference, 1968)Google Scholar.

15. Noonan's nuanced response may be found in Noonan, John T. Jr., Natural Law, the Teaching of the Church, and the Regulation of Rhythm of Human Fertility, 25 Am J Juris 16 (1980)CrossRefGoogle Scholar, reprinted as an appendix in Noonan, John T. Jr., Contraception (Belknap Press of Harvard U Press, enlarged ed, 1986)Google Scholar.

16. See McCormick, Richard A., S.J., , Moral Theology 1940-1989: An Overview, 50 Theological Studies 3, 11–12 (1989)CrossRefGoogle Scholar.

17. Other examples include his work for the Committee of the United States Bishops on Moral Values, various committees of the U.S. Catholic Conference, including the Committee on Law and Public Policy, the Committee on Law and Life Issues, and the Committee on Social Development and World Peace, as well as the Canon Law Society of America and in particular its Committee on Due Process.

18. Noonan, The Scholastic Analysis of Usury (cited in note 5).

19. Noonan, John T. Jr., Contraception: A History of Its Treatment by the Catholic Theologians and Canonists (Belknap Press of Harvard U Press, 1965)Google Scholar; Noonan, John T. Jr., Population Problems and the Law (unpublished casebook) (1971)Google Scholar.

20. Noonan, John T. Jr., Power to Dissolve: Lawyers and Marriages in the Courts of the Roman Curia (Belknap Press of Harvard U Press, 1972)CrossRefGoogle Scholar; Noonan, John T. Jr., Marriage Canons from Gratian and the Decretals (unpublished casebook) (1967)Google Scholar.

21. Noonan, John T. Jr., The Antelope (U of California Press, 1977)Google Scholar; Noonan, John T. Jr., Slavery as an American Legal System (unpublished casebook) (1972)Google Scholar.

22. Noonan, John T. Jr., A Private Choice: Abortion in America in the Seventies (Free Press, 1979)Google Scholar; Noonan, John T. Jr., ed, The Morality of Abortion (Book on Demand, 1970)CrossRefGoogle Scholar.

23. Noonan, John T. Jr., Bribes (U of California Press, 1988)Google Scholar.

24. Noonan, John T. Jr., The Believer and the Powers that Are (Collier MacMillan, 1987)Google Scholar.

25. Noonan, John T. Jr., Functions of the Lawyer: Personal and Professional Responsibilities (rev ed, 1980) (unpublished casebook)Google Scholar; Noonan, John T. Jr., The Responsible Judge (1990) (unpublished casebook)Google Scholar.

26. Noonan, John T. Jr., Persons and Masks of the Law: Cardozo, Holmes, Jefferson, and Wythe as Makers of Masks at 18 (Farrar, Straus and Giroux, 1976)Google Scholar.

27. Cathleen Kaveny has begun the exploration. See Kaveny, M. Cathleen, Listening for the Future in the Voices of the Past: John T. Noonan, Jr. on Love and Power in Human History, 11 J Law & Relig 203 (1994–1995)CrossRefGoogle Scholar.

28. Recent writings that illustrate the relationship between rules and persons include Compassion in Dying v. State of Washington, 49 F 3d 586 (9th Cir 1995) (Noonan) (holding that laws against assisted suicide do not offend the constitution); Jordan v Gardner, 986 F 2d 1521, 1544 (9th Cir 1993) (Noonan concurring) (noting that the Framers of the constitution were familiar with “the cruelty that came from bureaucratic indifference” to the conditions of confinement); Noonan, John T. Jr., Horses of the Night: Harris v Vasquez, 45 Stan L Rev 1011 (1993)CrossRefGoogle Scholar (recounting the Robert Alton Harris case); Noonan, John T. Jr., Development in Moral Doctrine, 54 Theological Studies 662 (1993)CrossRefGoogle Scholar (analyzing four major areas of change in Catholic moral doctrine: usury, marriage, slavery, and religious freedom).

29. See McCormick, Richard A., S.J., , Moral Theology 1940-1989: An Overview, 50 Theological Studies 3, 6 (1989)CrossRefGoogle Scholar.

30. Nilson, Jan, Doing Theology by Heart: John S. Dunne's Theological Method, 48 Theological Studies 65, 86 (1987)CrossRefGoogle Scholar.