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.

Wednesday, January 26, 2005

Out of the Ruins (of Theory?)

Three years ago, Creighton theology prof R.R. Reno wrote In the Ruins of the Church: Sustaining Faith in an Age of Diminished Christianity, in which he argued "that Episcopalians should stay put and endure the diminishments of Christianity in our time." It seems he now has some explaining to do, since he was just received into the Catholic Church this fall. The explanation he offers ("Out of the Ruins" in the current First Things) is of particular relevance to the ongoing discussions we have on Mirror of Justice regarding the nature and possibility of Catholic legal theory. Reno explains:

Modern Christianity is modern precisely in its great desire to compensate for what it imagines to be the superannuation, impotence, and failure of apostolic Christianity with a new and improved idea, theory, or theology. The disaster is not the improving impulse. I certainly wish that all Christians would expect more from their teachers and leaders. The problem is the source of the desired improvement. For Newman, "theory" is a swear word because it connotes the ephemera of mental life, ephemera easily manipulated according to fantasy and convenience. Yet in my increasing disgruntlement [with the Episcopal Church], there I was, more loyal to my theory of staying put than to the actual place that demanded my loyalty. It was an artifact of my mind that compelled me to stay put. Unable to love the ruins of the Episcopal Church, I was forced to love my idea of loving the ruins. With this idea I tried to improve myself, after the fashion of a modern theologian.

At the Mass of reception, a non-Catholic friend asked Reno what it felt like to become a Catholic. Reno responded that it "felt like being submerged into the ocean." The ocean, of course,

needs no justification. It needs no theory to support the movement of its tides. In the end, as an Episcopalian I needed a theory to stay put, and I came to realize that a theory is a thin thread easily broken. The Catholic Church needs no theories. She is the mother of theologies; she does not need to be propped up by theologies. As Newman put it in one of his Anglican essays, "the Church of Rome preoccupies the ground." She is a given, a primary substance within the economy of denominationalism. One could rightly say that I became Catholic by default. . . . Mater ecclesia, she needed neither reasons, nor theories, nor ideas from me.

Obviously, theories constructed out of a perceived need to justify the Church are far different than theories constructed to explain the Church's relationship with secular institutions (e.g., the legal system). But I can't help but wonder if Reno's caution regarding the "easily manipulated ephemera" of theory finds support in the ease with which the Church's teaching is invoked in service of pre-existing political and legal agendas on both the "right" and the "left." As we seek to develop Catholic legal "theory," we must remember to start with the Church, allowing theory to emanate from the Church's reality, rather than starting with theory, molding the Church to fit within our preconceptions. Easier said than done, I realize.

Rob

Fordham Conference: Strangers No Longer: Immigration Law and Policy in Light of Religious Values

Amy Uelman has organized what promises to be a wonderful conference hosted by The Fordham University School of Law Institute on Religion, Law and Lawyer's Work:

Strangers No Longer: Immigration Law & Policy in the Light of Religious Values.  This interdisciplinary interfaith conference should be of interest to lawyers, social workers, community activists, clergy and scholars.  It will be held at Fordham University School of Law, New York, James B.M. McNally Amphitheatre Friday February 25, 2005, 8:45 am - 5:00 pm.

Visit Fordham's website for more details, and I hope to see some of you there.

Michael S.

Sponge Bob and the Question of Tolerance

For those who have been following the debate over the role played by children's media in the culture wars (exemplified somewhat comically by conservative complaints about Sponge Bob Square Pants), my brother has offered some thoughts over at Christianity Today.

Rob

Tuesday, January 25, 2005

Pope-Bashing as a Crime

A prominent newspaper editor in Poland has been fined for ridiculing Pope John Paul II.  If authorities in Poland are serious about honoring the Pope, they may need to be reminded of the important role that free speech plays in the Church's vision of a robust civil society.

Rob

Catholics and the EU

The folks at The Transatlantic Assembly have been having a provocative discussion (see here, here, and here) on whether there is an anti-Catholic bias at work in the EU.

Rob

Conference: Lawyers, Faith, and Social Justice

FYI:  Pepperdine's Institute on Law, Religion, and Ethics will host a conference titled "Lawyers, Faith, and Social Justice:  Our Responsibility to 'The Orphan, the Widow,' and 'The Least of These'" on February 4-5, 2005.  Among the speakers will be MOJ blogistas Steve Bainbridge, Mark Sargent, and yours truly.  For more information visit Pepperdine's website.

Monday, January 24, 2005

Conference: Maria Goretti Project at Notre Dame

If you are around Notre Dame at 7 pm tonight through Thursday you might want to attend a conference called the Maria Goretti Project, which was planned by Notre Dame students, Anamaria Scaperlanda-Ruiz and Christina Dehan.  The conference focuses on a Catholic understanding of womanhood and addresses the painful realities of violence against women.  Although this conference is designed as a positive statement of authentic womanhood from a Catholic anthropology, I can't help but contrast it with the very secular anthropology at play in the "Vagina Monologues."

Speakers include Teresa Collett, Tracy McGinn, Amy McInerny, Nicole Garnett, and the two student sponsors.  The event will end with a prayer service on Thursday evening.  For more information, see the Notre Dame Ethics Bulletin.

Signed, a proud father

Friday, January 21, 2005

Human Rights Watch on the Threat of Religion

The 2005 World Report of Human Rights Watch includes an essay by Jean-Paul Marthoz and Joseph Saunders that examines the evidence for "growing conflicts between religious communities and the human rights movement."  Here (thanks to Amy Welborn) is a link to an article in The Tablet, discussing the essay.  According to the article:

While the authors pay tribute to covergence of faith and secular groups on human rights issues in the 1970s and 1980s, they argue that today, on issues “at the crossroads of religious dogma and human rights ideology, of personal moral conviction and public health, the points of divergence are growing”. The secular groups are seen as taking rights-based positions on freedom of speech, gender, sexuality, sexual orientation and – perhaps most pertinently – “women’s reproductive rights” that clash with the positions of many religious groups.

The article (and the essay) are too long to excerpt here.  Check them out.  I would particularly welcome Michael P's reaction, given his work on religion and human rights.

Rick

Upcoming Conference: Conscience and the Free Exercise of Religion

For those of you who are in the Colorado area near the end of the month, the 12th Annual Ira C. Rothberger, Jr. Conference, titled “Conscience and the Free Exercise of Religion,” will be held on January 28 at the University of Colorado School of Law. The conference is sponsored by the Byron R. White Center for the Study of American Constitutional Law, the Keller Center for the Study of the First Amendment, and the University of Colorado Law Review.

The subject matter for the conference: “The Constitution enshrines freedom of religion but says nothing about conscience. Yet the framers made many references to conscience in describing their aspirations for constitutional liberty, and religious duties are often articulated in terms of conscience. The Twelfth Rothgerber Conference brings together prominent scholars to probe this enduring enigma and to explore other issues about religious freedom.”

The scheduled speakers and topics are as follows:

Martin H. Belsky, Dean and Professor, University of Tulsa College of Law: “A Practical and Pragmatic Approach to Freedom of Conscience”

R. Kent Greenawalt, University Professor, Columbia Law School: “Free Exercise and Parental Custody”

James W. Nickel, Professor, Arizona State University College of Law: “How the Basic Liberties Generate Freedom of Religion”

Gregory Sisk, Professor, University of St. Thomas School of Law: “How Traditional and Minority Religions Fare in the Courts: Empirical Evidence from Religious Liberty Cases”

Steven Douglas Smith, Warren Distinguished Professor, University of San Diego School of Law: "What Does Religion Have to Do with Freedom of Conscience?"

Kevin J. Worthen, Dean and Professor, J. Reuben Clark Law School, Brigham Young Univesity: "Eagle Feathers and Equality: Insights on Religious Exemptions from the Native American Experience"

Modern Liberalism: CLS = KKK?

At least for officers, the Christian Legal Society student chapter manual prohibits "homosexual conduct" (along with fornication and adultery).  As such, I'm not at all confident in liberalism's ability to distinguish between the CLS and the KKK.  Let's assume that the student version of the KKK condemns violence and even allows racial minorities into its ranks provided that they swear allegiance to the principle of white supremacy.  On what basis would the modern university spend funds supporting one group but not the other?  (A response grounded in the distinction between the person and the conduct seems a non-starter in the wake of Lawrence.)

My inclination, for what it's worth, is to let both groups in and allow the marketplace of ideas to flourish.  (My answer would certainly be different for an elementary school.)  Under a marketplace approach, the university should be entitled to withhold student tuition funds from groups it opposes and promote groups it embraces, but it should not deny disfavored groups meeting space or official recognition, both of which are essential to the groups' campus viability.

Rob