A sermon preached by the Dean of Melbourne, the Very Revd Dr Andreas Loewe, at St Paul’s Cathedral Melbourne on 11 August 2015, at a Memorial Service commemorating the Hon. Frank Callaway QC RFD:
As Frank Callaway retired from the Supreme Court of our State, he thanked his colleagues in his accustomed gracious manner, and told them that in retirement he would return to his first loves: ‘history and philosophy and those aspects of human experience that, even now, are best expressed in religious language’ ( VSC, Transcript of Speeches, p. 19). As we give thanks for Frank’s life, we also do well to turn to his first loves to make sense of the hope of the life that is forever: history and the kind of philosophy that is best expressed in terms of the language of our faith.
For Frank shared the faith in a life that is forever, even should our life here on earth be cut short. Just as he scrutinised the history that stands at the heart of that faith: the history of the carpenter from Nazareth, who was revealed to be the Lord of life one Passover eve in Jerusalem, as his life, too, was taken; at the time that the sun hid his face and the moon obscured her gaze, in darkness and alone. The mystery of the empty tomb, with its neatly rolled up grave-clothes, and a somewhat officious young man that turns the grieving away, redirecting them to the place where their journey with Jesus had begun: ‘He is going ahead of you to Galilee, there you will see him, just as he told you’ (Mark 16.7).
Frank’s life was profoundly shaped by this story, and this faith. It was this story that led him to excel, to strive to serve a cause greater than self: to seek to bring justice to others. It was the desire to serve the cause of justice that led him, at an early stage in his career to choose to devote his energies to cases in the appellate court. Seen by some to be a risky move, his specialisation, ultimately, led to his appointment to the Appellate Bench, and an opportunity significantly to shape Victorian jurisprudence ( VSC, Transcript of Speeches, p. 3).
At the heart of the desire to serve an earthly justice was, without a doubt, Frank’s conviction that in so doing he would take a share in doing ‘what the Lord does require of you: to do justice, and to love mercy, and to walk humbly with your God’, as the prophet Micah reminded the people of Israel in our first lesson (Micah 6.6-8). In that sense earthly justice was an expression of divine justice – a justice that did not seek material recompense in the first instance ‘thousands of rams …, ten thousand rivers of oil’, even giving our ‘firstborn for my transgression’, but rather a justice that sought a change of heart, sought metanoia, repentance, and the transformation of life and circumstance (Micah 6.7, cf. Mark 1.15).
This is how Frank himself would put it in his retirement magnum opus of philosophy and faith, Reflections (‘Dougall A. S. Smith’, Reflections [North Charleston, SC: CreateSpace, 2013]): ‘the intution of God led to compassion, not retributive justice’. And that compassion was shown forth most fully in the life of the builder from Nazareth who was himself both the one formed our universe, and was himself God in human form; the divine logos at the beginning of all creation, and the divine Son, Jesus Christ the Lord: the author of this world, of all life and, as our second lesson knows, the author of our salvation (Romans 8.31-35).
Through the incarnation of Christ, the ‘intution of God’ turned a retributive justice into compassion, opening a way beyond the material principle of repaying evil to the principle of justice itself, whereby neither ‘hardship, or distress, or persecution, or famine, or nakedness, or peril, or sword’, neither ‘death, nor life, nor angels, nor rulers, nor things present, nor things to come, nor powers, nor height, nor depth, nor anything else in all creation, will be able to separate us from the love of God in Christ Jesus our Lord’, as St Paul reminded the Roman church (Romans 8.35, 38-39).
In the last few years, Frank pondered these questions deeply. In doing so, like many of the first hellenistic Christian writers, he drew on the work of the Greco-Roman philosophers to make sense of the ‘inexpressible and glorious joy’ of knowing and believing in the invisible, risen Son of God. The apostle Peter put this act of believing like this in his first epistle general: ‘Though you have not seen him, you love him; and even though you do not see him now, you believe in him and are filled with an inexpressible and glorious joy’ (1 Peter 1.8-9). That joy, Peter knew, was motivated by the telos, the end result, of our faith: ‘the salvation of our souls’ (1 Peter 1.9).
Frank grappled with the concept of the truth, the validity, of St Peter’s claim in his Reflections: ‘if Christianity is true, the image and likeness of God would become the goal or telos of humanity and that image and likeness would be revealed in Christ’ (Reflections, p. 48). If Christianity is true, then the goal of our human journey is the inxepressible joy of knowing that divine justice. The justice that by right could demand full repayment for our tresspasses, but instead is reflected by the selfgiving compassion of the author of our salvation.
And it is that knowledge, that can enable us to bear the burdens of seeing others suffer; whether through illness and pain, or through injustice and ill-treatment. And it is that strength which can enable us to do, in this life, what ‘the Lord requires of us: to do justice, and to love kindness, and to walk humbly with your God’ (Micah 6.8).
In his Reflections, Frank hedged his bets on what the reward for a life lived according to the maxim of Micah and the apostles Peter and Paul might be like. For him it seems to have been not so much inexpressible joy, as simply inexpressible. This is what he wrote: ‘In the final analysis, life after death can be intuited or believed in, but it cannot be understood or imagined: … to do so, is literally impossible’. Frank concluded: ‘I often think that one should therefore live this life as well as possible and leave the afterlife to take care of itself’ (Reflections, p. 32).
Frank himself chose to let go of the constraints of this life and embrace the inxepressible, indefinable life of eternity. As part of his reflections on life, justice and the life after death, he also spent time reflecting on what it means to let go: ‘It is of the essence of the spiritual life … that one must first “let go”: … [this is first of all] a matter of stopping and, as it were, doing nothing. Later it extends to letting go of ideas, as well as mental habits that cause unnecessary suffering. For some people there is a release from anxiety and a sense of inner peace.’ (Reflections, p. 1). ‘Put very simply’, he would conclude his work, ‘to let go of the ego, the source of separation, anxiety and much else that is destructive, [is] to walk with God’ (p. 74).
At the end of his own life, Frank did let go, and entered the simply inexpressible life to walk with God. Now, having himself ‘let go’, Frank shares the closer walk with God, and the greater peace – that peace which passes all understanding. And we, who are still facing the complexities of this life, who still live by faith and not by sight, are now invited to ‘let the afterlife take care’ of Frank.
For us who are left behind, remains the task to celebrate his having succeeded in his intent to live his life as well as possible: touching the hearts of many, hearing the pleas and appeals for justice of many, meeting them with fairness and compassion and, wherever appropriate and possible, a justice tempered with mercy. We now may ‘let the afterlife take care’ of Frank. We now may let Frank go into the greater peace to walk there with God, because we share his hope and trust in the compassion of God that shone forth in the person of Jesus Christ. We now may let Frank rest in God’s peace because Christians believe that the author of the life of the universe at the beginning of all things is also the author of resurrection, ‘the conqueror of death’ (Romans 8.37).
And so, in this hope, let us commend Frank to the mercy and protection of the God who calls the departed to walk with him, live with him, in his peace; the One who invites us to become ‘more than conquerors with him through his love’ (Romans 8.37). The One who convicts us by his mercy, and bids us believe ‘that neither death, nor life, nor angels, nor rulers, nor things present, nor things to come, nor powers, nor height, nor depth, nor anything else in all creation, will be able to separate us from the love of God in Christ Jesus our Lord’ (Romans 8.37-39). Amen.