Articles
Tests on Development of Doctrine
November 16, 2024
Writing about the Scriptures, John Henry Newman, said “great questions exist in the subject-matter of which Scripture treats, which Scripture does not solve…It is quite conceivable that an Apostle might have dissipated them all in a few words had Divine Wisdom thought fit. But in matter of fact the decision has been left to time, to the slow process of thought, to the influence of mind upon mind, the issues of controversy, and the growth of opinion” (Idea, p. 60). This quote expresses the need for the development of doctrine taught or given in foundational texts.
The interpretation of constitutions and laws is part of the normal life of ordered societies and their historical records. Theology and Law have experienced many changes due to the needs presented by social, scientific and technological developments. These changes require discernment and tests or criteria to ascertain their worth. Such tests have been proposed by justices in many cases.
In a recent conference titled “Newman, Tradition and Law” at the Catholic University of America Columbus School of Law various speakers discussed Newman’s ideas on development of doctrine. In the following link (at min 22 of a recording), there is a 22 minute presentation in which I discuss Newman’s idea of development of doctrine and present the “tests” or “notes” which he put forth in the Development of Christian Doctrine to distinguish between a true development of doctrine and a corruption. Next, I examine the doctrine of school choice or vouchers and how it fairs when examined by these tests.
Although the discussion verses on questions of legal interpretation of the Constitution, some words from Newman’s Development on revelation indicate the need for interpretation of foundational texts: “It may be objected that its inspired documents at once determine the limits of its mission without further trouble; but ideas are in the writer and reader of the revelation, not the inspired text itself: and the question is whether those ideas which the letter conveys from writer to reader, reach the reader at once in their completeness and accuracy on his first perception of them, or whether they open out in his intellect and grow to perfection in the course of time. [Nor could it surely be maintained without extravagance that the letter of the New Testament, or of any assignable number of books, comprises a delineation of all possible forms which a divine message will assume when submitted to a multitude of minds.]” (Dev, 56-57).
In the presentation I conclude that the tests presented by Newman argue in favor that the doctrine of school choice is a development of the doctrine of the free practice of religious freedom, and does not go against the “non-establishment” clause of the First Amendment of the Constitution. I also suggest that when there are competing doctrines underlying a proposed law, the greater number of tests in favor of one doctrine over another give weight to the fact that the doctrine in question is a true development.
Lastly, just as Newman’s tests can be useful in examining theological notions, these may also be useful in evaluating legal doctrines.
