Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Monday, October 25, 2004

And Now For Something Completely Different

Amy's most recent post, as usual, calls us back to our senses after our passionate wrangling over the election. This might be a good moment to post a reflection I was kindly invited to offer by Dean Lisa Kloppenberg at an Interfaith Prayer Service at the University of Dayton Law School earlier this month. Addressed primarily to lawyers, and entitled "Mountains of Desire," it is a meditation on the "faith that moves mountains" passage in Matthew. Its point might be equally applicable to the mountains that we Catholic intellectuals build. This is prtty amateur homilectics, but I would appreciate any comments.


UNIVERSITY OF DAYTON SCHOOL OF LAW
INTERFAITH PRAYER SERVICE
October 14, 2004

Mountains of Desire
Mark A. Sargent

Matthew 17: 19-20 “Amen, I say to you if you have faith the size of a mustard seed, you will say to this mountain, ‘move from here to there,’ and it will move. Nothing will be impossible for you.”

You don’t need faith to move mountains. Nature is taking care of that for us in Washington State, where it is busily relocating Mount St. Helen’s. We human beings can also blow up mountains, or tunnel through them, making new mountains out of their debris. So we don’t need faith to move that kind of mountain. The mountains that Jesus refers to in our reading, I think, are harder to move. They are bigger and more durable. They offer little purchase to the mustard seeds of faith that try to grow in their stony, arid soil.
These mountains are also hard to move because they are hard to see. We often don’t even know they are there. They grow slowly and imperceptibly. They don’t appear suddenly after some personal earthquake; they expand through the slow, but constant accretions deposited in our souls by daily life, as we go about our business, as we do the things we are accustomed to do. These mountains are the deposits of the normal.
These mountains of the heart are metaphors, of course, but they are still real. Much as an actual range of mountains they separate, they stand between one side and another, and they prevent those standing on this side from reaching, or even seeing, the other side. The mountains in our hearts are those that separate us from our hearts’ true desire. They are the mountains built from the desires that cannot satisfy or be satisfied. Among lawyers, they swell up from our pride and ambition: our arrogance, our idolatry of work, our love of victory, our love of the legal and our indifference to the moral, and our love of the wealth and power our profession can bring us. These mountains fracture our integrity, the wholeness that should link our faith, our values, our personal lives and our professional lives.
For Saint Augustine, whom we talk about at Augustinian Villanova all the time, achieving happiness depends upon what one loves or, more precisely, what one chooses to desire. In the Confession’s parable of the stolen pears, St. Augustine shows how he stole something he really did not want (he had plenty of fruit) because it pleased him to steal. He loved the pleasure of transgression, which ultimately shamed him. And so we, in our self-absorption and pride, also find ourselves loving and desiring things which, if we really knew ourselves, if we were really attentive to our hearts, we would not really want. Instead, we build mountains of desire, and those mountains stand between us and our true selves, our true desires, our need for communion, our desire for God.
Can we move those mountains ourselves? Maybe. As Augustine tells us, the first step is to choose carefully what to love. But Augustine, that great poet of introspection, the doctor of interiority, who truly knew himself, also believed that we need God’s grace for our faith to move mountains, so that the tiny mustard seeds of faith may take root and cause the mountains to crumble, and allow us to see, albeit through a glass darkly, our world transfigured.

Princeton Conference on "The Naked Public Square" at 20

Princeton University's James Madison Program in American Ideals and Institutions hosted this weekend a conference dedicated to an assessment and re-examination of Richard John Neuhaus's book, "The Naked Public Square." Papers by Mary Ann Glendon, William Galston, and John Finnis are available here.

Rick

None of the Above

Mark Noll, one of my favorite Christian thinkers, has laid out an alternative approach to this election:

As has been the case for the past few presidential elections, on Election Day I will almost certainly cast my vote once again for none of the above. Here is why:

Seven issues seem to me to be paramount at the national level: race, the value of life, taxes, trade, medicine, religious freedom and the international rule of law. In my mind, each of these issues has a strong moral dimension. My position on each is related to how I understand the traditional Christian faith that grounds my existence. Yet neither of the major parties is making a serious effort to consider this particular combination of concerns or even anything remotely resembling it.

In searching for a party that is working for something close to my convictions, I am not necessarily looking for a platform supported by overtly expressed religious beliefs. It would be enough to find candidates promoting such positions by reference to broad social goals and general patterns of American democratic tradition. In fact, because each of these issues is of vital national concern for people of all faiths (and none), I am eager to find public voices willing to defend convictions similar to my own in generic social terms rather than with specifically religious arguments.

My disillusionment with the major parties and their candidates comes from the fact that I do not see them willing to consider the political coherence of this combination of convictions or willing to reason about why their positions should be accepted—much less willing to break away from narrow partisanship to act for the public good. Broad principles and particular interests have never in the history of the republic been more confusedly mixed than they are today.

Read the rest at The Christian Century. (Thanks to Christianity Today for the lead.) Perhaps the Seamless Garment Party will bring Noll back to the voting booth in 2008?

Rob

Teens, Television, and Sex

Building a culture of life starts at home, as evidenced by a new study on teenagers, sexual activity, and television watching. The journal Pediatrics reports:

Multivariate regression analysis indicated that adolescents who viewed more sexual content at baseline were more likely to initiate intercourse and progress to more advanced noncoital sexual activities during the subsequent year, controlling for respondent characteristics that might otherwise explain these relationships. The size of the adjusted intercourse effect was such that youths in the 90th percentile of TV sex viewing had a predicted probability of intercourse initiation that was approximately double that of youths in the 10th percentile, for all ages studied. Exposure to TV that included only talk about sex was associated with the same risks as exposure to TV that depicted sexual behavior. African American youths who watched more depictions of sexual risks or safety were less likely to initiate intercourse in the subsequent year.

Watching sex on TV predicts and may hasten adolescent sexual initiation. Reducing the amount of sexual content in entertainment programming, reducing adolescent exposure to this content, or increasing references to and depictions of possible negative consequences of sexual activity could appreciably delay the initiation of coital and noncoital activities. Alternatively, parents may be able to reduce the effects of sexual content by watching TV with their teenaged children and discussing their own beliefs about sex and the behaviors portrayed. Pediatricians should encourage these family discussions.

Insightful analysis is offered by Evangelical Outpost.

Rob

Confessions of the "Rambo" Within

I am just back from the Journal of Law & Religion Symposium at Hamline – “The Sacred and the Secular: Encountering the Other from the Interpersonal to the International” – profound, thought-provoking, and at times moving discussions of the struggles to generate an “open” politics and theology in our world today. (Co-blogger Michael Perry contributed fascinating reflections on the possibility for an international “ecumenical politics.”)

Combing through the postings over the past week, what came to mind was the central somewhat anguished and unanswered question which ran through the symposium discussions – how to draw into the dialogue those who don’t seem to be open to dialogue – especially when they seem set on excluding others from the conversation.

Then… I have to confess that the Gospel from Sunday’s mass (10/24/04, Lk. 18:9-14) caught me up short. “The Pharisee stood and prayed thus with himself, ‘God, I thank thee that I am not like other men . . .’” How many times – even just in the past week – have I thought, “I thank God that I am not one of those people who talks in such a way as to exclude others...”?

But in truth, there is a “Rambo” within me – every time I think I understand the other without completely listening with love and giving them a chance to fully express themselves; every time I steamroll over another, using with delight the rhetorical tricks in my lawyer’s bag; every time I fail to move beyond the other’s way of expressing herself in order to appreciate what’s underneath the words. My “bullying” may be more subtle (perhaps) – but in the eyes of God, perhaps just as destructive of the body of Christ…

As Rob put it so beautifully in his reflections on the legacy that his stepfather Bob left him, “The intellectual expression of faith cannot be mistaken for the life of faith.” I have been musing about the life of Igino Giordani, an Italian politician and member of the Italian parliament in the 1940s and 50s, whose process for beatification was opened this past June – known in the 30s as the “hammer of the heretics” for his strong and decisive polemical style. In the late 40s, when he met the Focolare spirituality, he felt God’s invitation to become instead the “mantle of the heretics” (in Italian there’s a play on words – from “martello” to “mantello”) – a loving presence of Mary which covers over, takes in, warms, and trusts in the transforming power of love more than rhetoric.

How often can love reveal that what seems to be a move to exclude is actually an expression of pain – and is a response to one’s own sense of having been excluded? Here it seems a “mantle” is more effective than a “hammer” – especially if the goal is build up the body of Christ – and that love itself will bring the truth, in all its power and beauty, to full light.

From October 10-17, the youth of the Focolare sponsored “World Unity Week” during which, among other activities, they disseminated a calendar of activities and commitments to help their peers discover how to build unity in their daily lives – ranging from increasing their awareness of how consumerism influences their daily choices, to concrete service reaching out to the elderly and marginalized in their community, to giving up a meal in solidarity with our fasting Muslim brothers and sharing the money they would have spent with the poor. Here was their Saturday commitment: “Expand your horizons: talk with a person from a different country, background, or perspective about an issue covered often in the media. Try to appreciate the positive, even if you differ. Share your discoveries with others!”

I was inspired, edified and humbled to see how fifteen year olds kids were able to take on some of the greatest challenges in our culture with straightforward simplicity, openness, and concrete commitment. Following their example, I have decided to make every day of this pre-election week “expand your horizons” day – in the hopes of disarming the “Rambo” within.

Amy

Sunday, October 24, 2004

Student Pro-Life Groups on "Human Rights for All"

Here is a full-page ad, which ran in a number of student newspapers at top universities across the country, "Human Rights for All." It's signed by student-members of pro-life groups at Princeton, Yale, Harvard, Cornell, the University of Pennsylvania, Dartmouth, Stanford, the University of Virginia, New York University, Georgetown, MIT, Notre Dame, Johns Hopkins, and the University of California Berkeley. (Thanks to the folks at Letters of Babylon for the link). The ad's main aim, as I see it, is to take on the claim that those who oppose abortion and research involving the destruction of human embryos are seeking to "impose" their "personal, private, and religious views" on others.

Rick

Stuntz on Christian Legal Theory

In case you've never read Harvard Law Professor William Stuntz's review essay, "Christian Legal Theory," here's a link. And, here is the abstract:

This paper is a review of a fine book of essays called Christian Perspectives on Legal Thought (Yale University Press 2001). The book points to an important gap between a society that includes tens of millions of people for whom Christianity defines reality, and a legal academic world where Christians are few, and most of those few are closeted.

That gap sounds large. Yet most of the essays in Christian Perspectives make it seem surprisingly small: By and large, the authors take moderate positions that would find substantial support in secular law reviews. They may be right: Christianity has less to say about law and legal thought than even its adherents might suppose, and much of what it does have to say is surprisingly conventional. But Christianity is also a deeply subversive faith, and it has some subversive implications for how we think about law. In this review, I focus on two such implications. The first goes to how our legal system treats the poor. The second bears on what may be the defining feature of contemporary American legal thought: its arrogance. Notice the implication that is not on this list: moralism, the view that immoral behavior ought to be legally prohibited. That view turns out to be thoroughly inconsistent with Christianity. It follows that injecting Christian perspectives into legal theory might actually make legal theory more tolerant not, as is widely feared, less so.

The review concludes by considering a different kind of Christian perspective: not how Christianity casts light on the law, but how the law might cast light on Christianity.

Rick

The Harvey Fellows

My friend (and fellow blogger) Randy Heinig has passed on information about the "Harvey Fellows" program for Christian graduate students:

The Harvey Fellows Program seeks to encourage Christian graduate students to integrate their faith and vocation and pursue leadership positions in strategic fields where Christians tend to be under-represented. Our goal is to empower students who evidence the passion and ability to lead others as they participate in God's work to redeem society's structures. The Harvey Fellows Program provides financial support to Christian graduate students who possess a unique vision to impact society through their fields and who are pursuing graduate studies at premier institutions (top five) in their disciplines in the United States or abroad.

Click here for more information. The program looks like an important and worthy project.

Rick

Vatican Unease With Bush?

[Readers of this blog may be interested in the following item, which appeared in this morning's New York Times. Note the part about capital punishment, which is relevant to an earlier series of exchanges on this blog.]


October 24, 2004
Officially, at Least, Vatican Is Staying Above Election Fray
By IAN FISHER

ATICAN CITY, Oct. 22 - While many American Catholics oppose Senator John Kerry because he supports abortion rights, church officials and observers here say that if the people who run the Vatican could vote, they would be as divided as Americans are - and might even tilt toward Mr. Kerry.

Officially, the Vatican never takes positions on elections, and it has maintained a public silence about an issue deeply dividing American Catholics this year: the assertion by some American bishops that voting for Mr. Kerry amounts to a sin.

But interviews with Vatican officials, many who did not want to be named, and experts who watch the church closely turn up a bottom line in which many Vatican officials seem to differ with hard-line American Catholics: while opposition to abortion is nonnegotiable for the church, that does not necessarily translate into uniform hope here that President Bush wins re-election. There are other issues - especially the war in Iraq, which Pope John Paul II has spoken out against - that weigh heavily.

"At the end of the day the Vatican is a European institution," said John L. Allen Jr., an influential reporter for the National Catholic Reporter who recently wrote a column estimating that the Vatican would slightly favor Mr. Kerry. He noted that at least half the Vatican staff is European, "drawn from the same background as people working in foreign ministries of Germany or Italy.''

"In that circle Bush is overwhelmingly an unpopular figure," he added. "They start from a great deal of skepticism about Bush. You add to that a year and a half of the unrelenting criticism of Bush's war, and the sense among some of them that subsequent events have proven them right."

In interviews, Vatican officials and other experts noted that the Vatican was not monolithic, and that as a huge bureaucracy with competing interests there was no unified view other than a deep interest in how the most powerful nation in the world exercised its power.

Vatican departments dealing with theology and the family, several experts said, appear to favor Mr. Bush because of his opposition to abortion. Other departments, dealing with diplomacy and poverty, tend to lean toward Mr. Kerry because of the Iraq war and the view that Mr. Bush has generally sidelined diplomacy.

Several Vatican officials said, however, that any such talk has little meaning because the church does not take sides in elections. But the statements by several American bishops that Catholics who vote for Mr. Kerry would have to go to confession have raised the question in many corners about whether this is an official church position.

The church has not addressed this question publicly and, in fact, seems reluctant to be dragged into the fight: this week, one top Vatican official, Msgr. Pietro Parolin, the Vatican's undersecretary of state, reminded reporters here that the "concrete aspects" of the American election are "not our business."

At the same time, Monsignor Parolin and other officials noted that American Catholics should vote according to church doctrine - a statement that neither endorses nor rejects the conservative American bishops' position. While the church's social doctrine spells out opposition to abortion, it also discusses obligations like defending the poor.

One senior Vatican official, speaking on the condition of anonymity, said, "It is up to the American bishops to announce, or to provide, the moral and social doctrine of the church which offers the ethical principles to make a coherent choice."

In recent weeks several conservative bishops in the United States have done just that, particularly over the issues of abortion and the use of embryonic stem cells for research. In public statements and published articles they have told parishioners that no other issues are as important in the election and that they should support the candidate who opposes abortion and stem-cell research.

But other American bishops are less strident, urging parishioners simply to "vote your conscience.''

One Vatican official did offer theological guidance: that it is not necessarily a sin to vote for a candidate who supports abortion rights. The official said in an interview that it would be a sin to vote for such a candidate with the express intention of expanding abortion rights. But if the voter is acting on his conscience taking into consideration all moral questions, it would not be a sin, he said.

"It's not a question that we don't think abortion has the moral weight that is ascribed to it," the official said. "Absolutely, but it is difficult to say that a person commits a sin if they vote for a pro-choice politician.''

While Mr. Kerry's abortion stand puts him at odds with church doctrine, several Vatican officials said they were unclear whether Mr. Bush would be in strict accordance, despite his opposition to abortion. Experts with close ties to the Vatican cited not only the war in Iraq but Mr. Bush's strong support for capital punishment, also opposed by the church.

The experts note that, in church doctrine, abortion is a particular sin: that because abortion robs the innocent of life, it differs from capital punishment or war. At the same time, several experts said, this does not imply endorsement by the Vatican of the American bishops' warnings against voting for Mr. Kerry.

"It's a myth that the Vatican is pushing this agenda on the U.S. bishops," said the Rev. Thomas J. Reese, a Jesuit priest who edits the Catholic magazine America. Father Reese said, moreover, that the Vatican seemed worried about the divisions this bitter election has caused in the American church."When you have different bishops teaching different things, it confuses the faithful," he said. "And they don't like that.''

Thanks to Greg; and a Clarification

First, my thanks. I am very grateful, Greg, for your posting yesterday. I have great respect for your heartfelt decision--and the heartfelt decision of many other Catholics--to vote for President Bush. As I suggested in an earlier posting, it would be ridiculous to claim that a faithful Catholic could not in good conscience vote for Bush. Your impassioned plea makes it clear beyond any reasonable doubt that a faithful Catholic can indeed vote in good conscience for President Bush. (Not that there was any room for reasonable doubt!)

Now, my clarification. In your posting yesterday, in response to an earlier posting of mine, you wrote that you could not "judge a fellow Catholic who proclaims fealty to the cause of life and yet casts a vote for Kerry as, on the basis of that act alone, having committed grave sin or removed him or herself from communion with the Church. Would I see such a vote as imprudent and foolish? Yes. Mendacious? Presumably no (as only God can read the heart)." My fundamental point, however, had nothing to do with whether one was committing a grave sin. My point was not about sin, but about charity.

Assume that a Catholic, like Father Langan, or Dean Roche, or Ms. Steinfels, or Professor Kaveny, explains in some detail why, after deliberation, she has decided to vote for Senator Kerry. It is one thing to try to persuade her not to do so--to explain to her why, in one's judgment, neither she nor any other faithful Catholic should do so. But it is another thing altogether to insist to her that neither she nor any other faithful Catholic can in good conscience vote for Kerry, that her decision to do so is, for a faithful Catholic, beyond the pale of reason. As I read their National Review Online piece, this is the gravamen of what Gerry Bradley and Robbie George have argued. As I said in an earlier posting, I find this position breathtakingly arrogant.

So arrogant, in fact, that I am left to wonder: Are they who press such an argument unwittingly blinded by their passion into inculpable ignorance of the daunting complexity of the "for whom do I vote" question? Or have they permitted themselves to be goaded by their passion into forsaking the charity we owe one another in favor of rhetorical overkill--the kind of overkill that, as Cathy Kaveny has pointed out, can destroy relationships and alliances?