This Essay argues that while legal work as a vocation may have positive effects for society as a whole, as well as overall benefits for the legal profession, vocation could very well hurt the lawyer  called  to take up such a vocation.  A vocation is not simply the application of one\u27s religious belieft to the practice of law; rather, it is a  burning fire  in a lawyer\u27s soul which the lawyer  cannot contain.   Thus, a lawyer\u27s vocation becomes an overwhelming priority.  Part I of this Essay provides an explanation of the biblical underpinnings of vocation through a discussion of the Hebrew word, dabar.  Part II discusses the two skills which lawyers uniquely posses to help them understand the Word of God which any person with a vocation must realize: (1) the ability to use and interpret words and (2) the ability to analyze the world around them.  Part III employs the biblical example of Jonah to illustrate that the practice of law as a vocation is a deeply personal and religious event that could be good for God, the common good and public discourse, but not for the individual lawyer.  Finally, this Essay concludes that while society indeed reaps the benefits of a lawyer\u27s vocational skills, the very possession of such skills can, at the same time, cause internal distress

Giba-Matthews, ofm, F.

bepress Legal Repository

Vocation As Curse

Fordham University School of Law

Fordham Urban Law JournalVolume 26 | Number 4 Article 61999Vocation As CurseF. Giba-Matthews, ofmFollow this and additional works at: https://ir.lawnet.fordham.edu/uljPart of the Religion Law CommonsThis Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted forinclusion in Fordham Urban Law Journal by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For moreinformation, please contact tmelnick@law.fordham.edu.Recommended CitationF. Giba-Matthews, ofm, Vocation As Curse, 26 Fordham Urb. L.J. 1149 (1999).Available at: https://ir.lawnet.fordham.edu/ulj/vol26/iss4/6VOCATION AS CURSEF. Giba-Matthews, ofm*At present, there is a scholarly debate about the proper place forthe notion of religious vocations in the lives of lawyers. Somescholars have suggested legal work should acquire a vocational di-mension, citing the benefits that vocations could provide both law-yers personally and the legal profession generally.1 Other scholarshave questioned the role of religious vocations in the practice oflegal work, citing the need for the public to be protected from theindividual, sectarian and personal beliefs that a lawyer may pos-sess.2 A third group of scholars have argued for a vocational na-ture in the practice of legal work by defining vocation as acommitment to raising the ethical standards for the practice of lawby all lawyers.' According to this latter perspective, a lawyershould come to understand his/her career as a calling from God, acalling necessitating the practice of law in accordance with a higherethical standard.* J.D., Fordham University School of Law, 1999.1. See generally, JOSEPH ALLEGRETII, THE LAWYER'S CALLING: CHRISTIANFAITH AND LEGAL PRACTICE (Paulist Press, 1996); see also Leslie Griffin, The Rele-vance of Religion to a Lawyer's Work: Legal Ethics, 66 FORDHAM L. REV. 1253 (1998)(arguing in favor of a lawyer having religious vocation); Gregory A. Kalscheur, S.J.,Law School as a Culture of Conversation: Re-imagining Legal Education as a Processof Conversion to the Demands of Authentic Conversation, 28 Loy. U. CHI. L. J. 333,337 (1996) (describing that law students have "desires to be lawyers as part of a callfrom God"); James Luther Adams, The Vocation of the Lawyer, 31 MERCER L. REV.531, 543 (1980)(proposing that lawyers should look "beyond the call of career inter-ests"); Charles L. Krammer, III, Vocation and the Professions, in THE ANNUAL OFTHE SOCIETY OF CHRISTIAN ETHICS 153, 154 (1981) (focusing on the religious con-cept of vocation to "ascertain a vision of responsive professions"); CHRISTOPHER F.MOONEY, S.J., PUBLIC VIRTUE: LAW AND THE SOCIAL CHARACTER OF RELIGION 70-110 (1986) (discussing law as vocation); Thomas L. Shaffer, The Christian Lawyer -An Oxymoron?, AMERICA, Nov. 23, 1996, at 12.2. See Bruce A. Green, The Role Of Personal Values In Professional Decision-making, 11 GEO. J. LEGAL ETHICS 19, 60 (1997) (arguing that "professional normspresently do not accommodate personal conscience in all cases"); see also Norman W.Spaulding, The Prophet And the Bureaucrat: Positional Conflicts in Service Pro BonoPublico, 50 STAN. L. REV. 1395 n.157 (1998) (arguing that "the public and privateaspect of the self are kept apart") (quoting ROBERT MANGABEIRA UNGER, KNOWL-EDGE & POLITICS 61 (1975)).3. Kenneth W. Starr, Christian Life in the Law, 27 TEX. TECH. L. REV. 1359(1996) (arguing that the demands of Christianity are compatible with the skills of alawyer); see generally JAMES A. PIKE, BEYOND THE LAW: THE RELIGIOUS AND ETHI-CAL MEANING OF THE LAWYER'S VOCATION (1963).1149FORDHAM URBAN LAW JOURNAL [Vol. XXVIThis Essay argues that while legal work as a vocation may havepositive effects for society as a whole, as well as overall benefits forthe legal profession, legal work as a vocation under any of thesemodels could very well hurt the lawyer "called" to take up such avocation. A vocation is not always an enviable thing to have. Infact, a vocation poignantly has been described as a curse,4 becausea vocation, as seen from its theological and biblical roots, has amuch more powerful resonance than "impeccable integrity."5 Avocation is not simply the application of one's religious beliefs tothe practice of law;6 rather it is a "burning fire" in the lawyer's soulwhich the lawyer "cannot contain."7 Thus, a lawyer's vocation be-comes an overwhelming priority. Once a lawyer with religious be-lief discerns the actions God would want that lawyer to do, thevalues that most lawyers cherish become compromised. Accord-ingly, autonomous control, career advancement, professional ac-ceptance/recognition and freedom become second-handconsiderations.Part I of this Essay provides an explanation of the biblical under-pinnings of vocation through a discussion of the Hebrew word,dabar. Part II discusses the two skills which lawyers uniquely pos-sess to help them understand the Word of God which any personwith a vocation must realize: (1) the ability to use and interpretwords and (2) the ability to analyze the world around them. PartIII employs the biblical example of Jonah to illustrate that thepractice of law as a vocation is a deeply personal and religiousevent that could be good for God, the common good and publicdiscourse, but not for the individual lawyer. Finally, this Essayconcludes that while society indeed reaps the benefits of a lawyer'svocational skills, the very possession of such skills can, at the sametime, cause internal distress.4. Jeremiah, 20: 7-18 at v.14 (The Jerusalem Bible) (presenting a short autobio-graphic reflection of Jeremiah being seduced by God, with his final evaluation being"A curse on the day when I was born").5. See PIKE, supra note 3, at 91.6. See, e.g., F. Giba-Matthews, ofm, A Catholic Lawyer And The Church's SocialTeaching, 66 FORDHAM L. REV. 1541 (1998).7. THEOLOGICAL DICTIONARY OF THE NEW TESTAMENT 97 (Gerhard Kittel ed.& Geoffrey W. Bromiley, trans. & ed.) (1983).1150VOCATION AS CURSEI. Dabar: The Basics of VocationDabar generally means the word of God which a person with avocation must discern.' The meaning of dabar is best illustrated byits usage in the passage from Isaiah (55:10-11):Yes, as the rain and the snow come down from the heavens anddo not return without watering the earth, making it yield andgiving growth to provide seed for the sower and bread for theeating, so the word [dabar] that goes from my [Yahweh's9 ]mouth does not return to me empty, without carrying out mywill and succeeding in what it was sent to do.1°One scholar has described dabar as both word and event.11 Yet,it is not to be understood as a magical event or a spell that worksagainst a person's will.12 While the Bible says dabar is inevitable, itis not automatic. 13 A person must receive dabar, and that recep-tion is only accomplished when the person listens. 4 Yet, once aperson has truly heard the word of God, dabar is steadfast 15 andwill not desist until the purpose of the word of God is accom-plished. It is similar to a marriage or friendship or accepting a case:once the dialogue has begun, the very force of the commitment todialogue accomplishes its own purpose. Moreover, unlike spouses,friends or clients, Yahweh's commitment to the dialogue, expressedby Yahweh's word, is permanent. 16II. Skills To Understand DabarThere are two skills which lawyers uniquely possess to help themto understand dabar. Dabar is both the general written law, usu-,ally in the plural (be it the Decalogue or the Ten Commandments),and the personal law, usually in the singular, that determines thelawyer's entire life.' 7 Words are the tools of a lawyer's trade, andlawyers have an intuitive understanding of their power. The preci-8. For the purposes of this Article, the Fordham Urban Law Journal employs theauthor's exegesis for the word dabar.9. This Article interchanges the words God, Yahweh and the subject of dabar asGod. This is because when the author wishes to bring out the general understandingof God, he uses simply, God, but if he wishes to refer to the historic actions ofYahweh as God, then he uses Yahweh.10. The Jerusalem Bible (all Biblical citations will be from this version).11. See JOHN SCULLION, S.J., ISAIAH 40-66 131 (1982).12. See id.13. See id.14. See id.15. See id. at 22.16. See id.17. See id.1999] 1151FORDHAM URBAN LAW JOURNAL [Vol. XXVIsion of words and their interpretation is how a lawyer crafts docu-ments and interprets law. Therefore, a lawyer is uniquely situatedto discern the meaning found in God's written word, dabar.Secondly, the lawyer's ability to analyze and appreciate theworld God has created around them is a powerful skill he/she pos-sesses to help them explore dabar. Throughout the Pentateuch, thecreation of nature is attributed to dabar.18 Creation had its originsin dabar. Creation came about through the force of dabar thatGod spoke. Therefore, heaven and earth contain the word of God.A law school education teaches a lawyer to question and incorpo-rate all that surrounds him/her - such as colleagues, staff, family,neighborhood, city, state, country, world - and discern his/herplace in this universe. As such, a lawyer can discern God's will in away unavailable to most people.III. Jonah: A Case StudyThe Biblical story of Jonah provides a good example of how alawyer can discern a vocation, as well as the inevitable conse-quences of being faithful to one's vocation. Jonah was possessed ofqualities often associated with being a lawyer: he argued well andconsistently,19 he knew and carefully manipulated jurisdictional is-sues, 20 he was a man of means21 and he quickly accustomed himselfto material comforts. 22 In fact, Jonah could be understood as a reli-gious lawyer. Jonah was a devout man who worshiped Yahweh andtried his best to be faithful to Yahweh's teachings.23 He was accus-tomed to offering sacrifices in Yahweh's temple.24 As a result ofthese facts, when Yahweh first called him to get "up,"25 Jonah rec-.ognized God's words.18. See Kittel, supra note 7, at 99 (discussing dabar as the creator of creation).19. Jonah 1:4-16 (arguing successfully for the sailors to throw him into the ragingsea); Jonah 3:4-5 (convincing the Ninevites to change their sinful ways); Jonah 4:1-4(arguing powerfully but unsuccessfully that Yahweh destroy the Ninevites); Jonah 4:8-11 (arguing with ambiguous results that Yahweh allow him to die).20. See Jonah 1:2-3 (fleeing the land of the Hebrews, Jonah was attempting to fleeYahweh's power, because in the Ancient Near East, the belief was that divine powerfollowed geography).21. See Jonah 1:3 (paying his fare for international travel without any mention ofdifficulty).22. See Jonah 4: 6-8 (exploiting the delight of the castor-oil plant and then de-manding suicide when it was taken away from him).23. See Jonah 1:9.24. See Jonah 2:8-10.25. See Jonah 1:1-2.1152VOCATION AS CURSEYet Jonah's ability to find God's meaning produced much turbu-lence in his life. In fact, Jonah was besieged with fear and painwhen God's meaning was revealed to him, and this drama occurredonly when Jonah tried to flee Yahweh. From the violence of thestorm God sent to plague Jonah, Jonah discerned the violence fromhis own abandonment of Yahweh's call.26 In despair, Jonah ap-pealed to God:Out of my distress I cried to Yahwehand he answered me;from the belly of Sheol I cried.and you have heard my voice.You cast me into the abyss, into the heartof the sea,and the flood surrounded me.All your waves, your billows,washed over me.27Finally, Jonah accepted his burden, and Yahweh commanded Jo-nah, "Go to Nineveh, the great city, and inform them that theirwickedness has become known to me."' 28 While the text is silentabout why Yahweh chose Jonah for this particular task, inferencesfrom the text's details do reveal similarities between Jonah and themodern lawyer. Because Jonah possessed lawyer-like qualities,29Yahweh could better accomplish Yahweh's goal through a man likeJonah. Not only could Jonah argue proficiently and thus gain theear of foreigners like the Ninevites, but his knowledge of jurisdic-tions enabled him to persuasively frame accusations. Moreover,because Jonah was well off financially, he had the means to travelto Nineveh. In addition, by virtue of his financial security, he en-joyed material comforts, and therefore, he could present to theNinevites that adhering to this foreign God's regulation would nothurt them materially.The Book of Jonah metaphorically illustrates the problem of in-jecting vocation into legal work: a person with a vocation loses con-trol of his or her destiny and may end up doing unsavory,3 °unpopular, and uncharacteristic tasks. Jonah was commanded to26. See Jonah 1:12.27. Jonah 2:2-4.28. Id. at 1:2.29. See supra notes 20-23 and accompanying text.30. Arguably, Jonah's vocation to walk through Nineveh and threaten the entirepopulation with imminent destruction is not completely unsavory for prophets. Ho-sea, who was commanded to marry a prostitute, would be a better example. See Ho-sea 3:1.1999] 1153FORDHAM URBAN LAW JOURNAL [Vol. XXVIleave home, preach an unpopular message to foreigners andthreaten a massive foreign city with destruction. Moreover, Jonahdid not want God to be successful. 31 Nevertheless, Jonah wantedYahweh not to relent, but to make good on his threat to demolishthe sinners. It was hard for Jonah to understand God's compassionfor these foreign people and their animals.32 In the end, a lawyer,responding to a vocation from God, might end up like Jonah: dis-satisfied with himself, his task and his/her God. Moreover, thebook of Jonah ends without revealing whether or not Jonah makespeace with Yahweh or reaches any level of job satisfaction.ConclusionIronically, the skills which facilitate a lawyer's ability to knowGod can benefit society but be terribly burdensome for the individ-ual lawyer. The Jonah story illustrates that a lawyer's vocation is awell-founded call facilitated by a lawyer's skills. These skills revealthe meaning of God in words of law and in the messages of crea-tion. Yet while the result of responding from this call is a betterworld (as exemplified in the tale of Jonah and the foreign city ofNineveh), the conduit of such as message faces a less appealingexistence.31. See Jonah 1:1-3.32. See Jonah 4:11 (telling God that he could not feel sorry for the Ninevites,"people who cannot tell their right hand from their left").1154

English

https://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=1753&amp;context=ulj

Vocation As Curse

Abstract

Similar works

Full text

Available Versions

bepress Legal Repository

Fordham University School of Law