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Patrick McKinley Brennan, JD

Professor of Law; John F. Scarpa Chair in Catholic Legal Studies | Charles Widger School of Law Villanova University

  • Villanova PA

Patrick McKinley Brennan, JD, is an expert in Christian legal thought, constitutional law and religion and the law.

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In his first appearance on the balcony of St. Peter’s Basilica, Pope Leo XIV shared with the world a message of hope, communion and reconciliation, emphasizing the need to “build bridges with dialogue and encounter so we can all be one people always in peace.” Throughout the last 12 months, the Pontiff has placed these values at the forefront of his work and ministry, pairing active collaboration with prayerful contemplation in his leadership of the world’s 1.4 billion Catholics. In the coming years, that emphasis is likely to continue, as the Pope addresses longstanding rifts and evolving challenges within the Church and beyond. Asked to consider the most striking aspects of his early papacy, and to reflect on the most pressing issues he currently faces, Villanova faculty members studying the pontificate had a wide variety of responses. Jaisy A. Joseph, PhD Assistant Professor of Theology and Religious Studies For Dr. Joseph, Pope Leo’s first year has been defined by a spiritual vision centered on unity, listening and shared responsibility. “From the beginning of his papacy, Leo emphasized that we are a synodal Church working towards peace and moving forward together. Leo’s Augustinian formation will absolutely leave its imprint on what Pope Francis started. While the two have distinct personalities and styles, there is a fundamental continuity with Francis that Leo has signaled. Leo stresses that at the core of the Church is a deeper desire for a spirituality of ‘we’—a Church rooted in deep listening and bold speaking. This is where the Augustinian charism makes itself known. “This unity does not erase differences. Instead, it asks, ‘How do we create friendships that are strong enough to bear the tensions of our differences?’ In a world shaped by ‘us versus them,’ Leo insists on recognizing Christ in the completely different ‘other.’ “Finally, his leadership style is marked by discernment. Listening is so critical to him, and any caution he displays is not out of fear but wanting to listen before speaking. In a noisy world, he insists that we just need silence—trusting that through shared listening, the Church can move forward together.” Luca Cottini, PhD Professor of Italian Studies For Dr. Cottini, Pope Leo’s first year has been marked by a clear effort to position the Church in active dialogue with the modern world—especially in response to emerging global challenges, migration and an increasingly interconnected faith community. He draws parallels to the priorities of Leo XIV’s namesake, Pope Leo XIII. “Catholic social doctrine is a doctrine that the Church established to address subjects that are not directly written about in the Gospel. This doctrine was important for Pope Leo XIII and is increasingly important for Leo XIV as well. ‘Leo’ is a name that relates back to Catholic social doctrine and the need to read the changing signs of the times. By choosing the name ‘Leo,’ the Pope signaled his desire to respond to contemporary issues. “Leo XIV has also harkened back to Leo XIII in his first year by viewing migration and immigration not as a plight, but rather as an opportunity to enter into contact with new worlds. This approach connects to Leo XIV’s own background and perspective, which includes both proximity to and distance from the United States, giving him both an outsider and insider perspective as well as a critical thinking lens on these issues. “Lastly, Leo XIV has used his first year to elevate this idea of a universal Church that is much needed, shaped by his global exposure and an ability to see the world through the lens of others. He sees that we can dialogue with the world, approaching modernity not as an enemy but as something to engage with.” Patrick McKinley Brennan, JD John F. Scarpa Chair in Catholic Legal Studies According to Professor Brennan, “One of the issues that is on the Pope’s radar and has been from before the conclave is the question of the traditional Latin Mass,” a cause championed by various cardinals, bishops, priests and lay faithful around the globe. As he shares, it is a matter of great interest to a small but growing number of Catholics who recall Pope Benedict XVI’s statement that the traditional Mass—the Mass as it was celebrated by most Catholics since 1570—was “never juridically abrogated” following the Second Vatican Council. “Pope John Paul II in the 1980s, and then Pope Benedict XVI in 2007, liberalized access around the world to the traditional Mass. But Pope Francis revoked most of those permissions, citing ‘facts’ that have subsequently been called into question by investigative journalists and others. Pope Francis issued a document called Traditionis custodes, which [went against] the permissions that Benedict XVI gave in a document called Summorum pontificum in July 2007. “Now, the leadership of the Society of St. Pius X [an anti-modernist priestly fraternity] have announced that they’re going to ordain new bishops, the exact thing that got some of their predecessors excommunicated in 1988, so that the traditional Mass can continue to be celebrated and other sacraments can continue to be provided to Catholics according to the traditional rites. Reading between the lines, I think the Society of St. Pius X is trying to force Pope Leo’s hand on the Latin Mass. He’s been biding his time, working out how to respond to this hard question, and I think they’ve just decided that it’s an all-or-nothing situation. “It’s an example of how Pope Leo inherited some big problems, and I think most of the cardinals who elected him thought that they had chosen someone who, because he can listen and is committed to unity, will try his very best to find a solution that remains faithful to Catholic doctrine while bringing in as many voices as possible. Ironically, Pope Francis reduced legitimate diversity in Catholic liturgy, and while Pope Leo has a chance to restore that diversity, he has to do so in a way that addresses the irregular situation of the Society of St. Pius X.” Ilia Delio, OSF, PhD Josephine C. Connelly Endowed Chair in Christian Theology Looking ahead, Sister Delio says one of the most significant social developments Pope Leo must face is the rise of advanced technologies—in particular, increasingly sophisticated artificial intelligence models. “Our theological anthropology needs a bit of updating, as it does not currently meet the needs of our very complex world today. There are a lot of discussions on artificial intelligence and advanced technology, but the problem is that these technologies are already here and rapidly advancing. “So, we have to face this reality, not by asking ‘What is happening to us?’ but ‘What are we becoming with our technologies?’ and ‘How best can we remain human in an AI world?’ I think Pope Leo is asking similar questions, considering what makes the human person the image of God, what makes us distinct and whether there are human values that cannot be downloaded or reproduced in a digital medium. “At the same time, we must ask: Can technology deepen the human spirit by enabling a new level of collective life? Can AI technology empower the Body of Christ?” To speak with any of these faculty experts, please contact mediaexperts@villanova.edu.

Patrick McKinley Brennan, JDJaisy A. Joseph, PhDLuca Cottini, PhDIlia Delio, OSF, PhD

Media

Areas of Expertise

Catholic Church
Common-Good Constitutionalism
Catholic Legal Studies
Political Friendship
Constitutional Law
Pope Leo XIV
Pope Leo XIII
Vatican
Catholic Social Teaching
Purposes of Criminal Punishment
Administrative and Regulatory Law

Biography

Patrick McKinley Brennan came to Villanova in 2004 as the inaugural holder of the John F. Scarpa Chair in Catholic Legal Studies and later also served as associate dean for academic affairs. Previously, he was professor of law and vice dean at the Sandra Day O’Connor College of Law, Arizona State University, where he taught for eight years.

Professor Brennan has published five books: Christian Legal Thought: Materials and Cases (Foundation Press, 2017) (with Brewbaker), By Nature Equal: The Anatomy of a Western Insight (Princeton University Press, 1999) (with Coons); Civilizing Authority: Society, State, and Church (Lexington, 2007); The Vocation of the Child (Eerdmans, 2008); Legal Affinities: Explorations in the Legal Form of Thought (Carolina Academic Press, 2014) (with Powell and Sammons).

Professor Brennan has also published more than eighty articles, essays, and book chapters, some of which have appeared in Michigan Law Review, University of Pennsylvania Law Review, Boston College Law Review, Notre Dame Law Review, Emory Law Journal, Law and Philosophy, Review of Metaphysics, Journal of Law and Religion, and American Journal of Jurisprudence.

Professor Brennan’s scholarship currently focuses on common-good constitutionalism, equality, political friendship, and forgiveness. He has regularly taught constitutional law, administrative law, federal courts, criminal law, and a wide range of courses in jurisprudence, law and religion, Christian legal thought, and political theory.

In 2014, Brennan was awarded the degree D. Litt. (honoris causa) by the Dominican School of Philosophy and Theology (Berkeley), where he serves as a fellow. Brennan has served as an elected member of the editorial board of the American Journal of Jurisprudence and as an elected member of the executive council of the American Catholic Philosophical Association.

Brennan majored in philosophy at Yale, earned an M.A. in philosophy at the University of Toronto, and then graduated Berkeley Law, where he was elected to the Order of the Coif. Following law school, Brennan clerked for the Honorable John T. Noonan Jr., on the U.S. Court of Appeals for the Ninth Circuit, in San Francisco, after which he was associated with major law firms in San Francisco and Washington, DC. He is a native of California.

Education

Yale College

BA

University of Toronto

MA

U.C. Berkeley - Berkeley Law (Boalt Hall)

JD

Select Media Appearances

From Leo XIII to the Wagner Act

Commonweal Magazine  online

2025-11-24

"While the purpose of divine law is to establish humanity in friendship with God, Aquinas tells us that “the principal intention of human law is to create friendship between man and man.” Lawmakers and other civil authorities can do justice by creating laws that bring people together—including in labor unions and employer associations—for the sake of friendship and experience of the common good. As Ahmari writes, it is “grace, not pedigree” that makes “one receptive to higher things,” including the truth that politics is, in Pope Leo XIV’s words, “a mission for the spread of truth and goodness.”

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Do Papal Conclaves Need to Be So Secretive?

National Catholic Register  online

2025-05-21

Patrick Brennan, professor of law at Villanova University’s Charles Widger School of Law, told the Register that cardinals aren’t accountable to human beings in a papal conclave, but each instead is supposed “to vote his conscience before God alone.”

“I think that to avoid any cardinals ever having to be called to account to any human, it has to be absolutely secret,” Brennan said by telephone.

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Pope Leo XIV, Villanova Grad, Introduces Himself Adorned in Symbolism, Proverbial Religious Devotion

FOX  online

2025-05-09

"I think Pope Leo XIV, by choosing that name, is attaching himself to a legacy that he can, and I believe intends to, open for a world that's changed a great deal and needs new light and understanding of the kind he probably associates and finds in the world of Pope Leo XIII," Brennan said.

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Answers

Patrick McKinley Brennan, JDJaisy A. Joseph, PhDLuca Cottini, PhD

Leo XIII had followed St. Augustine in saying that there can be no peace, except peace understood as a "tranquility of order," where order means that all things are ordered according to the will of Christ. What Leo XIII thought we needed to do is to find that and try to order our individual lives and our lives as a Church, so that the world can live in peace. Leo XIV also picks up on themes like that a lot. His first words on the on the loggia on May 8, 2025, were, "Peace be with you all!" And he keeps coming back to that, time after time, understanding that peace isn't just the absence of conflict. Peace is things being rightly ordered, and "rightly ordered" means a world in which people love each other, including through law and politics.

Patrick McKinley Brennan, JDIlia Delio, OSF, PhDJaisy A. Joseph, PhD

In his language to diplomats and about matters of international concern, Pope Leo is notably good at articulating and reaffirming the principles that Catholics insist must guide decision-making, without getting down into the conclusions at a contestable level. The way he speaks and his presence could make it easier to discuss such sensitive topics. There were times when Pope Francis would talk off the cuff and give exaggerated responses, which would sometimes cause [the Vatican] to have to backtrack. With Leo, it's always careful. I think he sees his job to be a model of deliberation, care and unequivocal commitment to first principles that everybody should live by.

Select Academic Articles

A Catholic Way to Cook a Hamburger? The Catholic Case Against McLaw

Villanova Law Review

2016

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"Religious Freedom," The Individual Mandate, and Gifts: On Why the Church is Not a Bomb Shelter

Villanova Law Review

2013

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The Liberty of the Church: Source, Scope, and Scandal

Journal of Contemporary Legal Issues

2013

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