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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 PA UNITED STATES

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

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Spotlight

8 min

On May 25, 2026, Pope Leo XIV released his first papal encyclical, “Magnifica Humanitas: On Safeguarding the Human Person in the Time of Artificial Intelligence.” The letter—true to its title’s meaning of “magnificent humanity”—addresses how society, collectively, must preserve human virtues in a time of rapid technological advancement. The 42,000-word document features five distinct chapters, exploring various elements of the broader issue at hand and serving as a guidepost for moral and ethical use of technology, through the lens of Church teachings. It covers everything from the development and principles of Church social doctrine to technological responsibility, the culture of power, building civilization through love and preserving humanity through truth, work and freedom. “In recent years, it has become increasingly evident how rapidly and profoundly digitalization, artificial intelligence (AI) and robotics are transforming our world,” wrote Pope Leo in the encyclical’s introduction. “Technology should not be considered, in itself, as a force antagonistic to humanity. On the contrary… “Over the centuries, technological development has significantly improved the living conditions of humanity. At the same time, each phase of progress has also revealed the ambiguity of tools that can cause harm when not oriented toward the good… The power and prevalence of emerging technologies are interwoven into the fabric of daily life, shaping decision-making processes and deeply affecting the collective imagination: ‘Never has humanity had such power over itself.’ “[Most] people are watching and waiting, observing from afar and merely hoping for the best. For this very reason, crucial questions impose themselves on our conscience and can no longer be avoided: Where are we going? Toward what goal do we wish to orient ourselves? What direction should we choose as a people and as a human community?” What Is a Papal Encyclical? Popes have written more than 300 encyclicals—or “circulating letters”—since the mid-18th century. They were initially used to clearly communicate doctrine and guidance to priests throughout the world who were facing religious, political or social issues, which was especially useful as the world grew more interconnected and the Church grew larger. Beginning with Pope Leo XIII’s Rerum Novarum and continuing today, some papal encyclicals have been referred to as “social encyclicals” because they address a pervasive social issue through the lens of Catholic Social Teaching and are written not only for those within the Church, but laypeople as well. Some examples of those included Pope Saint John Paul’s 1987 Sollicitudo Rei Socialis on international inequality, and Pope Francis’ 2015 Laudato Si’ on environmental care and social justice. “[Pope Leo XIII and his successors] were developing a new way of teaching the world how to order itself according to Catholic principles, now translated into a vocabulary that would be intelligible to the larger world,” said Patrick Brennan, JD, Chair of Catholic Legal Studies at Villanova University Charles Widger School of Law, on LiveNow From Fox. “They try to address important social questions in ways that any person of goodwill can read and understand.” “Encyclicals contribute to our collective wisdom for how to live as community,” wrote Sally Scholz, PhD, professor of Philosophy at Villanova, in her recent contribution to Church Life Journal titled “What to Look For in Pope Leo XIV's First Social Encyclical.” “The principles and various themes they discuss offer guidance for day-to-day interpersonal interactions as well as for how to participate as a Catholic and as a “person of good will” at every level of social existence: in our families, our communities, our institutions, our states and in our ‘one human family.’” Observations From Magnifica Humanitas A New Twist on a Longstanding Issue While the types of technology being discussed in the letter—particularly artificial intelligence—are unique to our modern times, encyclicals addressing how to interact with contemporary technology are far from it. “Discussion of the relationship between humans and technology appears in many of the previous social encyclicals,” wrote Dr. Scholz in Church Life Journal. “It is a social phenomenon with so much promise but inspires so much fear for how it will change work and the workplace, communication, global trade, war and the family.” “Technology is integral to evolution. Understanding technology's relationship to human welfare means grasping its role within the flow of biological and human life,” wrote Sister Ilia Delio, OSF, PhD, the Josephine C. Connelly Endowed Chair in Christian Theology in the 2025 Global Sisters Report. What Pope Leo argues in his lengthy letter, boiled down to a few sentences, is that while technological advancements, and AI in particular, can be beneficial to society, they must never supersede human dignity, moral responsibility and the common good. A society that allows systems to replace human judgment, concentrate power or exploit workers risks dehumanization. For Jaisy Joseph, PhD, assistant professor of Theology and Religious Studies at Villanova University, particularly striking was something not written in the document itself, but rather spoken at the official promulgation of the letter in Rome. There, Pope Leo was joined in powerful reflection by Anthropic co-founder Christopher Olah. Olah analogized the current reality with bringing a fictional character to life, citing that while technical fields build the machinery of AI, “what character we choose, how it interacts with the world, how it ought to interact with the world— these are more clearly questions for the humanities, for religion, for philosophy, for society at large.” On that front, he then enlisted the help of the Church in addressing three pressing concerns related to AI and human flourishing, before ending with a request for the Church to continue to be an unyieldingly moral voice and informed critic. “The dynamic dialogue and discernment between Leo and Olah reflect a significant continuity with the Francis papacy,” Dr. Joseph said, referencing the late pontiff’s encouragement of “theology to adopt a transdisciplinary method that recognized how this discipline is part of a web of relationships among disciplines.” Technology Through the Lens of Augustinian Theology Throughout Magnifica Humanitas, Pope Leo’s ubiquitous thoughts and guidance on safeguarding humanity—particularly in the context of modern technology—are infused with references to the teachings of St. Augustine. “[Augustine’s teachings say] we need standards to guide our judgements and actions,” said Terence Sweeney, PhD, assistant teaching professor of Humanities at Villanova. “Pope Leo XIV, ‘a son of St. Augustine,’ offers us standards for how we judge our world in the age of AI. “One surprising standard in a document on Big Tech is that ‘a litmus test for social justice today is the treatment of migrants, refugees and those forced to move.’ Why this litmus test? Leo is shaped by Augustine’s rejection of communities of perfection where only the pure, powerful and perfect are welcome.” “Pope Leo beautifully aligns himself with traditional Catholic Social Teaching while grounding his vision in the theology of St. Augustine,” Dr. Joseph added. “The result is a groundbreaking defense of the human person in our new age of artificial intelligence.” Pope Leo, through a scriptural metaphor of the Tower of Babel, “resurrects Augustine’s famous warning that human history is a constant struggle between two loves fighting for our hearts,” Dr. Joseph said. He references how the builders of the tower tried to create “a single language, a single technology, a single direction” without reference to God. “The concluding paragraphs of chapter three highlight Pope Leo XIV’s distinctively Augustinian approach to evaluating the place of technology and scientific progress in the world,” said Emma Kennedy, PhD, assistant professor of Christian Ethics at Villanova University. “What we love, ‘both as individuals and as a society,’ will guide us to participate in ‘the rebuilding of Jerusalem’ or ‘the construction of Babel’––a contrast that hearkens back to Augustine’s ‘two cities.’” “Pope Leo [also] draws on an Augustinian spirituality that highlights fundamental desiring in the shared search for truth,” added Tim Hanchin, PhD, associate professor of Practical Theology at Villanova. “Our desire for truth, or wonder, reflects humanity’s transcendent origin and end. That we are created in the image and likeness of the Triune God (Genesis 1:26-27) distinguishes human knowing from mere data processing.” A Discussion on Slavery, Past and Present Intermixed with Pope Leo’s chapter four thoughts on modern slavery—such as various forms of human trafficking that he says are “directly linked to the digital economy”—he made an historic recognition and apology for the Church’s role in the transatlantic slave trade centuries ago. Tia Noelle Pratt, PhD, special assistant to the Vice President of Mission and Ministry at Villanova University, assistant professor of Sociology, and editor of the Journal of Catholic Social Thought, said that what makes this acknowledgement so important is how it differs from the way previous popes have addressed the issue, which have condemned slavery but remained at the individual level. “They spoke of their papal predecessors and those popes’ actions, but stopped short of invoking the institution itself and the institution's role in the promulgation of slavery,” Dr. Pratt said. Tying it back to current affronts on human dignity fueled by the digital age, Pope Leo penned his own papal version of the famous saying that “Those who cannot remember the past are condemned to repeat it.” “If we want to avoid the need to ask for pardon again in the future for having failed to respect the treasure of human dignity that is required by our faith, it falls to us today to denounce, clearly and firmly, trafficking in its many forms,” he wrote. “Pope Leo is telling us today that we cannot have detachment between the past and the present,” Dr. Pratt said. “We must see how these things are connected.” Inspired by Rerum Novarum, but Far From a Repeat Pope Leo XIV signed Magnifica Humanitas on May 15—the 135th anniversary of the release of Pope Leo XIII’s Rerum Novarum. That was the most famous social encyclical issued by the long-reigning pontiff and is considered to be a foundational text of modern Catholic Social Thought. It addressed numerous issues facing the working class during the time of the Industrial Revolution. On May 10, 2025—just two days after his election—Pope Leo referenced his namesake’s 1891 encyclical in an address to the College of Cardinals, foreshadowing the attention he intended to pay to the modern version of the same issue. “Pope Leo XIII in his historic encyclical Rerum Novarum addressed the social question in the context of the first great industrial revolution,” Pope Leo said in that address. “In our own day, the Church offers to everyone the treasury of her social teaching in response to another industrial revolution and to developments in the field of artificial intelligence that pose new challenges for the defense of human dignity, justice and labor.” Yet, while he was explicitly inspired by the 19th-century pontiff and his text, Pope Leo makes it clear early in Magnifica Humanitas that “While Leo XIII spoke in his time of ‘new things’ (rerum novarum), today we cannot limit ourselves simply to repeating his insightful teachings. “Instead, we must ask God for the wisdom to interpret the great trends of our time, particularly technological advances.”

Patrick McKinley Brennan, JDTia Noelle Pratt, PhDJaisy A. Joseph, PhDSally Scholz, PhDIlia Delio, OSF, PhD

5 min

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

Analyzing Pope Leo's encyclical, "Magnifica Humanitas"

LiveNOW from FOX  tv

2026-05-26

Pope Leo's first encyclical titled "Magnifica Humanitas" was 42,000 words in length, and Villanova University's Patrick Brennan joined Adam Llorens on LiveNOW from FOX to break it all down.

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Pope Leo's Villanova Roots

LiveNOW from FOX  tv

2026-05-25

Pope Leo is not only the first American-born pope, he's also the first Augustinian pope. And the preeminent Augustinian university in the world is Villanova University in Philadelphia, where Pope Leo graduated from in 1977. Professor Patrick Brennan of Villanova's Law School joined Adam Llorens to chat more about Pope Leo's roots at the University.

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Why is Pope Leo's encyclical important?

LiveNOW from FOX  tv

2026-05-25

Pope Leo is set to release the first major document of his papacy, an encyclical document titled "Magnifica Humanitas." Professor Patrick Brennan of Villanova University, the alma mater of Pope Leo, joined Adam Llorens on LiveNOW from FOX to preview the Pope's letter.

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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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