Papers by Michael Quinlan
Australian Law Journal, 2019
The University of Notre Dame Australia Law Review, 2016
Some are incapable of marriage because they were born so; some, because they were made so by othe... more Some are incapable of marriage because they were born so; some, because they were made so by others; some, because they have renounced marriage for the sake of the kingdom of heaven. 1 I INTRODUCTION This paper is about marriage. In particular, it is about marriage in the pluralist, multi-faith, multiracial and multicultural society that is Australia. 2 Whilst Australia has deep historical Christian roots, 3 people of many races and with differing cultural and religious traditions have lived on the continent since at least colonisation in 1788. 4 Since that time the racial and religious landscape of Australia has been constantly evolving. Whilst the numbers of believers in other faiths and of 'No
SSRN Electronic Journal, 2016
Lawful euthanasia involves State endorsed termination of human life. Apart from a period of less ... more Lawful euthanasia involves State endorsed termination of human life. Apart from a period of less than 9 months, in the Northern Territory, euthanasia has been illegal in Australia. Many of Australia's parliaments have regularly considered introducing the practice and they continue to do so. In this context, this paper considers another type of State endorsed termination of human life: capital punishment. These took place in Australia from 1788 to 1967. The practice was abolished nationwide by 1985 and the Commonwealth passed laws, in 2010, to prevent its reintroduction. This paper does not consider all of the arguments for or against euthanasia or capital punishment and nor does it argue that the two practices are identical. Instead, it argues that introducing euthanasia without careful consideration of the arguments and experiences of capital punishment would risk repetition of past mistakes. The paper considers whether introducing euthanasia would be inconsistent with arguments accepted as grounds for the abolition of capital punishment. It focuses, on the irrevocable argument. This is the argument that death is irrevocable and that the risk of an innocent person being executed should never be taken. The paper argues that, any criteria which might be adopted by the State as sufficient to justify euthanasia, would run the risk of people outside that criteria being euthanised. The paper argues that capital punishment and euthanasia each pose disproportionate risks to minority and vulnerable groups. The paper also argues that, the evidence of pain and suffering endured by the condemned in their execution require careful consideration in relation to arguments for euthanasia as a means to a quick and pain free "good death. " It considers the evidence that demonstrates that, like execution, euthanasia in practice can be slow and painful. The paper then argues that requiring health professional to administer lethal injections in acts of euthanasia would be inconsistent with the approach taken in Australia and the United States to the identification of those willing to administer the death penalty. The paper concludes that many of the key arguments which resulted in the abolition of the death penalty in Australia support the continued prohibition of euthanasia in Australia and ought to be addressed by proponents of change but its primary aim is to encourage further examination of the extent to which learnings relevant to the current euthanasia debate can be gained by examining the arguments and experience of capital punishment.
BYU Law Review, 2016
I.IntroductionMost Australian states and territories respect the freedom of conscience of health ... more I.IntroductionMost Australian states and territories respect the freedom of conscience of health practitioners who have a conscientious objection to abortion.2 However, Australia's two most populous states, Victoria and New South Wales (NSW), impose restrictions on the freedom of conscience of health practitioners. In those states, health practitioners who have a conscientious objection to abortion are obliged to disclose the existence of their objection to their patient.3 In Victoria, health practitioners who object to the procedure are obliged to then refer patients seeking an abortion to a health practitioner, in the same discipline, who they know does not share their conscientious objection.4 In NSW, medical practitioners who are subject to the relevant policy are obliged to take every reasonable step to direct patients seeking that procedure to a health practitioner, in the same discipline, who the practitioner reasonably believes does not share that conscientious objection...
SSRN Electronic Journal, 2011
Whilst stressing the importance of grace and faith, the Catholic bible emphasizes the desirabilit... more Whilst stressing the importance of grace and faith, the Catholic bible emphasizes the desirability of wisdom , reason, the need for the faithful to be able to explain their faith and the fact that the existence and some characteristics of God are ascertainable by reason. The real key to the New Testament is its emphasis on truth and on Jesus being the truth. Christianity asserts not only that faith in Christ is reasonable and rational but also that events in the life of Christ actually occurred as a matter of human history . As a result, the events described in the New Testament can be the subject of investigation by the application of historical method , archeology , psychology , medicine and other academic disciplines. The Catholic Church, also places great emphasis on reason and truth and has a long history of engagement considering and benefitting from a relationship between philosophy (an attempt by rational and reasoned consideration to answer questions of life’s meaning including the identification of principles underlying knowledge and being ) and theology (the exploration of the content and implications of divine revelation ). This paper seeks to explain the Catholic view of the relationship between philosophy and theology and to demonstrate their integration with each other. To do so the paper examines why philosophy and theology work, how they relate to each other in Catholic thought and how that relationship can be reconciled with the Magisterium. It concludes with a consideration of the present need for a relationship between philosophy and theology. It argues that the Jesus of History and the Christ of the Catholic faith are one and the same.
SSRN Electronic Journal, 2011
The Lord Jesus instituted the holy Eucharist on Covenant Thursday, in the Upper Room of Zion, sho... more The Lord Jesus instituted the holy Eucharist on Covenant Thursday, in the Upper Room of Zion, shortly before His arrest and trial. After He celebrated the Rite of Passover of the Jews, He rose and washed the feet of His disciples, as a sign of repentance and preparation, then sat down and instituted the Passover of the New Covenant, which is the Sacrament of Holy Communion. "He took bread, blessed it and broke it, and gave it to the disciples and said, 'Take, eat, this is My Body', then He took the cup and gave thanks, and gave it to His disciples saying, 'Drink from it, all of you, for this is My Blood of the New Covenant, which is shed for many for the remission of sins'" (Matthew 26:26-28), and our teacher St Paul repeats the same words in 1 Corinthians (11:23-25).
SSRN Electronic Journal, 2011
THE SOURCES OF MORALITY WHAT is wrong with the world-or wrong, at least, with our world? That som... more THE SOURCES OF MORALITY WHAT is wrong with the world-or wrong, at least, with our world? That something is wrong seems beyond question. So many things in which we have had faith are no longer stable and reliable. Reading in an exceptionally fine book that came out recently, we found, right at the beginning, what seemed a likely answer to our questions. This first chapter is quite short, so that we are able to quote a substantial portion of it to repeat the persuasive suggestion of the writer, Alasdair MacIntyre. His book is After Virtue-A Study in Moral Theory, issued by the University of Notre Dame Press in 1981, also in London by Duckworth.
SSRN Electronic Journal, 2013
This paper considers the role which lawyers and the law can and do take in Australia to promote o... more This paper considers the role which lawyers and the law can and do take in Australia to promote or to attack the Catholic faith and the values of that faith. In order to address that question, the paper will first consider the place of Catholics in contemporary Australian society. With this background, the paper will then consider the role and the influence of lawyers in Australia and some examples of the way in which the law has been and can be used to promote or to attack the Catholic faith and the values of the faith in Australia. In this context the paper will consider the development of abortion law in New South Wales in order to demonstrate the influence of the moral position of the judiciary on the interpretation of that legislation. The paper will then consider some examples of contemporary Australia legislation or proposed legislative reforms which challenge the ability of Catholics to act in accordance with their faith, values and conscience, namely the Victorian Abortion Law Reform Act, the Tasmanian Reproductive Health (Acceptance to Termination) Bill 2013 and the draft New South Wales’ State same sex marriage legislation. The paper will conclude with encouragement for all lawyers and all Catholics to respond passionately and vigorously to the threats to their ability "to live peaceful and quiet lives with all devotion and propriety”.
SSRN Electronic Journal, 2012
Pondering the mysteries of the Catholic faith, and in particular, the Incarnation of the Son of G... more Pondering the mysteries of the Catholic faith, and in particular, the Incarnation of the Son of God is one of the most challenging and arduous tasks a theologian can undertake. This is no doubt true in the case of Christ's earthly life, where the Son of God took on flesh and made himself like us in all things except for sin. Accompanying this mystery are several questions which theologians have wrestled with throughout the course of all of Christian history. These questions pertain to the Incarnate Christ, and include, but are not limited to, questions on his divinity, his humanity, his consciousness, his intellects and his wills. Although these questions have been reflected on, defined and answered by the Church's magisterium, further issues within Christology remain. To me, no other question is as fascinating as the issue which has been resurrected in our contemporary times, which seeks to understand whether the Incarnate Christ possessed the beatific vision from the moment of his conception. This paper will examine the traditional understanding of this issue and reflect on the positions of two giants in modern Christology, Fr. Thomas Joseph White O.P. and Fr. Thomas G. Weinandy OFM Cap, who both hold diverging viewpoints and have written against each other time and time again. Further contained in this essay will be their most formidable arguments on the issue, as well as their objections against one another. 1 The first known author to claim explicitly that Christ possessed the beatific vision was the ninth century author Candide. 2 From this, many other authors, especially those in the scholastic period, endorsed this Christological view. Notable names include Hugh of St. Victor, Peter Lombard and most famously, Thomas Aquinas. 3 This idea enjoyed endorsement even from the Magisterium of the Church, being mentioned in Pius XII's 1943 encyclical Mystici Corporis Christi. 4 Here Pius embraces the idea that Jesus, at the moment of his conception 'began to enjoy the beatific vision', with all the members of his Mystical Body being present to him at all times. 5 In fact, until the 1950's, the general 1 To provide an exhaustive critique of all the arguments proposed within the works of Thomas White and Thomas Weinandy on this issue would exceed the breadth of this paper. Rather, this essay will focus on four main articles written by both men and their responses contained therein
SSRN Electronic Journal, 2015
This paper considers religion, religious tolerance and the law and their importance in maintainin... more This paper considers religion, religious tolerance and the law and their importance in maintaining social stability in Australia. In order to address that question, the paper will very briefly consider the influence of religion in the foundation and development of Australia before considering the place of religion in contemporary Australian society. With this background, the paper will then consider the extent to which religion and the law find themselves in conflict in Australia before expressing some views on the implication of those conflicts for Australia’s social stability.
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Papers by Michael Quinlan