Patrick McKinley Brennan joined the Villanova faculty in 2004 as the inaugural holder of the John F. Scarpa Chair in Catholic Legal Studies. Professor Brennan’s scholarship uses the resources of the central western philosophical and theological tradition, including but not limited to the Thomistic natural law tradition, to examine a wide range of questions in American public law. These include such fundamentals as sovereignty, authority, rights, the rule of law, and punishment and forgiveness, as well as issues in administrative law, federal jurisdiction, school choice, religious liberty, and many others. Brennan has a special interest and expertise in the work of Jacques Maritain and in Catholic social doctrine. Professor Brennan has published three books and more than thirty-five articles and book chapters, and has lectured at more than thirty universities in the U.S. and Europe. He regularly teaches Jurisprudence, Constitutional Law, Federal Courts, Administrative Law, Criminal Law, Justice and Rights, and various seminars such as “Law, Politics, and Human Nature: The Teachings of Modern Christianity (Catholic, Protestant, and Orthodox).” Before coming to Villanova, Professor Brennan was for eight years a faculty member in the Sandra Day O’Connor College of Law at Arizona State University, where for several years he served as Associate Dean for Faculty Affairs and Research and later as Vice Dean. Previously, Brennan was associated with major law firms in Washington, D.C. and in San Francisco. Following law school, Brennan clerked for the Honorable John T. Noonan, Jr., of the United States Court of Appeals for the Ninth Circuit, in San Francisco. A native of California, Brennan earned his J.D. from Berkeley Law (Boalt Hall), U.C. Berkeley, where he won many awards and was elected to the Order of the Coif. Prior to law school, Brennan earned an M.A. and pursued doctoral course work in philosophy at the University of Toronto, taking many of his courses there in the Pontifical Institute of Mediaeval Studies, where his focus was late scholasticism. Professor Brennan earned his B.A. in philosophy from Yale College, where he graduated with honors and distinction in the major. At Yale, Brennan also studied Latin and Greek and won the Jacob Cooper Prize for the best essay on ancient Greek philosophy. Professor Brennan’s first book (co-authored with John Coons) was By Nature Equal: The Anatomy of a Western Insight (Princeton University Press, 1999). Brennan’s second book, Civilizing Authority: Society, State, and Church (Rowman & Littlefield/Lexington, 2007), is an edited collection that grew out of a ten-member symposium he organized while holding the Chair for the Culture of Law at the Pope John Paul II Cultural Center in Washington, D.C., during the Fall of 2004. Professor Brennan’s third book, The Vocation of the Child (W.B. Eerdmans, 2008), is the product of a multi-year research project that Brennan directed for the Center for the Study of Law and Religion at Emory University. Fifteen authors contributed to this groundbreaking study of the moral world of the child. Brennan is currently completing a monograph titled The Sovereignty of the Good: An Essay on Authority, Law, and the State. He is also at work on an introductory text in Catholic social doctrine. Professor Brennan’s many articles have appeared in the reviews of the Villanova, Michigan, Notre Dame, Boston College, Catholic University of America, St. John’s, Pepperdine, and Emory law schools, and in the peer-reviewed The American Journal of Jurisprudence, The Review of Metaphysics, The Journal of Law and Religion, Law and Philosophy, Lonergan Workshop, Punishment and Society, Journal of Law, Philosophy and Culture, and American Catholic Studies. His “Talk to Incoming Law Students” was published in First Things. Professor Brennan has been a visiting professor in the Boston College Law School and a senior research fellow at the Robbins Collection of Canon and Civil Law, U.C. Berkeley. Brennan has also been a Scholar in Residence at the Columbus School of Law, The Catholic University of America, where he delivered the Brendan F. Brown Lecture in 2006. In 2010, Brennan will deliver the Gianella Lecture at Villanova University. In 2006, Brennan was elected to serve a three-year term on the executive council of the American Catholic Philosophical Association, and in 2007 he was appointed to a three-year term on the Committee on Academic Freedom and Tenure of the Association of American Law Schools. Professor Brennan is a lifetime elected member of the editorial board of the American Journal of Jurisprudence. Brennan also serves as a fellow of American Center for School Choice. At Villanova, Professor Brennan organizes the annual John F. Scarpa Conference on Law, Politics, and Culture. Keynote speakers have included the late Avery Cardinal Dulles, S.J., Justice Antonin Scalia, and Martha Nussbaum. Other speakers have included Jeremy Waldron, Paul Kahn, Geoff Stone, Roderick Hills, Jesse Choper, John McGreevy, R. Kent Greenawalt, Richard Schenk, OP, William Wagner, Amy Uelmen, Paulina Ochoa Espejo, Richard Garnett, and many others. A frequent commentator on matters concerning the Catholic Church in American politics and culture, Brennan blogs at Mirror of Justice.
Articles
Equality, Conscience, and the Liberty of the Church: Justifying the Controversiale per Controversialius, Villanova Law Review (2009) (forthcoming) (2009)
This paper considers the central normative claim of Martha Nussbaum’s Liberty of Conscience: In Defense...
Differentiating Church and State Without Losing the Church, Georgetown Journal of Law and Public Policy (2008)
There is an ongoing debate about whether the U.S. Constitution includes – or should be...
A Quandary in Law? A (Qualified) Catholic Denial, Villanova University Legal Working Paper Series (2007)
A contribution to the second law review symposium dedicated to Steven Smith’s Law’s Quandary (Harvard...
Books
The Vocation of the Child (with Marcia Bunge, William Werpehowski, John Coons, Vigen Guroian, William Harmless, Philip Reynolds, Anthony Kelly, Charles Reid, John Witte, Bonnie Miller-McLemore, Charles Glenn, George Van Grieken, Elmer John Thiessen, and Robert Vischer) (2008)
Civilizing Authority: Society, State, and Church (with Avery Cardinal Dulles, Russell Hittinger, John Coons, Steven Smith, Thomas Kohler, J. Budziszewski, Joseph Vining, Michael J. White, Glenn Tinder, and H. Jefferson Powell) (2007)
Book Chapters
Jacques Maritain: Philosopher of Law, Politics, and All That Is, The Teachings of Modern Christianity on Law, Politics and Human Nature (2006)
Book Reviews
What's the Matter With You Catholics?, Soundings in Catholic Social Thought, Journal of Law, Philosophy and Culture (2008)
This review essay of Mary Ann Glendon’s Traditions in Turmoil (2006) explores such topics as...