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.

Saturday, March 12, 2005

Contemporary, Obsessive Materialism

The following piece appears in today's New York Times.  It sometimes seems that science and religion converge rather than diverge (i.e., some science and some religion).  To read the whole piece, which is quite interesting and provocative, click on the link below.

In New Book, Professor Sees a 'Mania' in U.S. for Possessions and Status

By IRENE LACHER

 
 

LOS ANGELES - Aldous Huxley long ago warned of a future in which love was beside the point and happiness a simple matter of consuming mass-produced goods and plenty of soma, a drug engineered for pleasure. More than 70 years later, Dr. Peter C. Whybrow, the director of the Semel Institute of Neuroscience and Human Behavior at the University of California, Los Angeles, has seen the future, and the society he describes isn't all that distant from Huxley's brave new world, although the soma, it seems, is in ourselves.

In his new book, "American Mania: When More Is Not Enough" (W. W. Norton & Company), Dr. Whybrow argues that in the age of globalization, Americans are addictively driven by the brain's pleasure centers to live turbocharged lives in pursuit of status and possessions at the expense of the only things that can truly make us happy: relationships with other people.

"In our compulsive drive for more," writes Dr. Whybrow, 64, a professor of psychiatry and bio-behavioral science, "we are making ourselves sick."

[To read the rest, click here.]

Friday, March 11, 2005

Moral Anthropology and the "iPod Nation"

What, I wonder, should we think of this recent essay, "iPod World:  The End of Society?," by Andrew Sullivan?  We agree, I imagine, that law both reflects and shapes culture.  We also agree -- given our shared interest in "Catholic Legal Theory" -- about the importance of "solidarity" and "community" as more than just buzzwords.  So, is it relevant to law and legal theory that:

Americans are beginning to narrowcast their own lives. You get your news from your favorite blogs, the ones that won't challenge your own view of the world. You tune into a paid satellite radio service that also aims directly at a small market - for New Age fanatics, or liberal talk, or Christian rock. Television is all cable. Culure is all subculture. Your cell-phones can receive email feeds of your favorite blogger's latest thoughts - seconds after he has posted them - or sports scores for your own team, or stock quotes of just your portfolio. Technology has given us finally a universe entirely for ourselves - where the serendipity of meeting a new stranger, or hearing a piece of music we would never choose for ourselves, or an opinion that might actually force us to change our mind about something are all effectively banished. Atomization by little white boxes and cell-phones. Society without the social. Others who are chosen - not met at random.

Human beings have never lived like this.  Yes, we have always had homes or retreats or places where we went to relax or unwind or shut the world out. But we didn't walk around the world like hermit crabs with our isolation surgically attached. Music in particular was once the preserve of the living room or the concert hall. It was sometimes solitary but it was primarily a shared experience, something that brought people together, gave them the comfort of knowing that others too understood the pleasure of that Brahms symphony or that Beatles album.

Rick

Liberal reservations about the Court's death-penalty decision

Returning to the issue -- touched on in recent posts by Michael Perry and me -- of the Court's recent decision invalidating the imposition of the death penalty for crimes committed by juveniles, commentators Stuart Taylor and Jeff Rosen -- both center-left death-penalty opponents -- have published short essays outlining their concerns regarding Justice Kennedy's opinion and methodology.

Rosen writes:

Roper v. Simmons is indeed embarrassing. Social conservatives view it as the latest symptom of the internationalization of the culture wars, with U.S. courts striking down traditional practices in the name of purported international moral values. But there is a liberal case against Roper as well. It is analytically sloppy and glib in its attempt to impose an international consensus where none in fact exists. And liberals should be wary about relying too heavily on international consensus. To the degree that foreign authorities do agree about moral values in other cases involving basic rights, they tend to be far less consistently progressive than liberals assume.

Taylor agrees:

[S]hould the meaning of our Constitution be determined -- and should democratic governance be set aside -- by what Scalia calls "the subjective views of five members of this Court and like-minded foreigners"?

And if international standards are to be our guide, what of the facts that -- by decree of the Supreme Court -- the United States alone broadly bars prosecutors from using illegally seized evidence; is one of only six countries to allow abortion on demand until the fetus is viable; and is quite exceptional in requiring strict separation of church and state?

Rick

Sex and Freedom: Second Thoughts

Here is an interesting column from The Boston Globe lamenting the impact that baby boomers' attitudes toward sex have had on their children.  It's especially interesting because the reasoning suggests an unspoken secular embrace of the Church's moral anthropology (at least on this issue):

There is a legitimate hierarchy in adult-child relationships. As grownups we need to exercise our authority in order to create a more buffered environment in which our children can find, at their own pace, sexual selves that possess the capacity for the kind of liveliness, meaning, and connection that can occur with real and respected partners. But if we are to succeed, we'll have to do more than dispense a few do's and don't's regarding our children's behavior. We'll have to undertake an honest reexamination of the very attitudes for which our generation was once so self-congratulatory.

The fact is, the sexual freedom and permissiveness in which we baby boomers once reveled has undergone an unexpected transformation, and the result, ironically enough, is an overstimulating sexual culture that now shackles and oppresses our children.

The Church might suggest that "real and respected partners" can helpfully be understood as "spouses," but other than that, perhaps we have an issue that most camps in the culture wars can get behind.

Rob

New book: "Personalism and the Foundation of Human Rights"

I received today in the mail the latest book by my friend Fr. Thomas D. Williams, L.C., "Who Is My Neighbor?:  Personalism and the Foundation of Human Rights."  The book -- according to the publisher! -- sets out an "original, compelling case for human rights as moral entitlements grounded in the dignity of the human person. . . .   Williams sets forth in clear, vigorous prose the anthropological, philosophical, and theological bases for asserting that the human person must always be loved as an end and never used as a mere means."  The book includes a detailed response to "critics of rights theory."

It seems to me that this book and its thesis are right up our (that is, MOJ's) alley.  I would think that it would complement Michael Perry's recent work, "The Idea of Human Rights."  Take a look.

Rick 

Thursday, March 10, 2005

Shiffrin on "Universities, Religion, and the Secular Left"

Over at the blog "Left2Right", Cornell professor and law-and-religion expert Steve Shiffrin has a provocative and valuable post, "Universities, Religion, and the Secular Left."  Shiffrin writes:

My assumption in this post is that the secular left does not understand the religious right or the religious left. For example, I doubt that many on the secular left could speak intelligently about the difference between fundamentalists and evangelicals, describe the heterogeneity of evangelicals, appreciate the extent to which the left is populated by those who proceed from a religious perspective, and, especially important, I doubt that most of the secular left understands the character of the religious arguments within and between religious traditions that have political ramifications. Without understanding the arguments, secular leftists cannot participate in effective ways. . . .

Leaving aside the quality of religious education in religious colleges and universities, to what extent are secular universities responsible for the lack of knowledge of the secular left? . . .

My contention is that this is a prescription for inadequate education on issues of moral and political thought. University dialogue and debate on ethical and political issues in and out of classrooms should include faculty members who proceed from theistic and non-theistic perspectives. For example, theologians have thought deeply about issues of war and peace. Some are pacifists; other believe in the just war doctrine (with varying views about the conditions for a just war). In the Christian tradition, such theologians would point to scripture, but scripture is only the beginning of the inquiry for most of them. Moreover, to the extent, the debate is confined to scripture, it would be helpful for the secular left (or any informed citizen) to understand the nature of the debate. Obviously, the war and peace example could be multiplied across a broad range of issues. It is hard to imagine why university dialogue would not be enhanced by discussion from theistic and non-theistic perspectives.

Read the whole thing.  I should say that I have enjoyed, from time to time, corresponding with Professor Shiffrin about our shared interest in religious-freedom-and-education questions, and he has -- despite our non-trivial differences of opinion -- been unfailingly gracious, respectful, and helpful.  With respect to Shiffrin's post, it strikes me that his diagnosis of the problem with many "secular" universities -- i.e., ignorance about and indifference toward religion -- might suggest the importance not simply of revising the curriculum and pedagogical premises at such schools, but also the importance of supporting and strengthening top-tier educational institutions that are *distinctively* religious in identity, worldview, and mission, in order to improve the situation in the academy as a whole (which, as a whole, suffers from the same ignorance and indifference -- if not hostility -- that Shiffin rightly identifies in individual "secular" universities).

Rick

Followup on Euthanasia Post

[My friend Gerry Whyte, a professor of law (and former dean) at Trinity College, Dublin, sent me the following message this morning.  Some readers of this blog may want to check out the case to which Gerry refers.  --mp]

"Further to your last posting on MOJ, last October the UK High Court had to deal with a very sad case of a severely disabled baby and, acting in accordance with the court's perception of the infant's best interests, it granted an order sought by  the medical staff (and opposed by the parents) restraining the hospital from putting the baby on a ventilator. The judgment may be read at the following address ..."

Click here to read the judgment.

Abortion, Torture, and the Slippery Slope

Mark Shea has an interesting essay comparing the artificial birth control = abortion = infanticide slippery slope to the recent calls from some conservative Catholics to open the debate over the acceptability of certain non-lethal forms of torture in the war against terrorism:

How far down the slope will conservative Catholics be willing to slide before they recognize that they too can be lulled into making excuses for intrinsic evil and mortal sin? The next few years will tell us. My prayer is that the Right will learn from the mistakes of the Left and not repeat its sins of justifying the commission of evil for some greater benefit.

(HT: Open Book)

Rob

Having Fun on the Job

Just war theory aside, should Christian soldiers enjoy their work?  Martin Marty weighs in.

Euthanasia

[I thought this item would be of interest to many readers of this blog.  --mp]

The NewYork Times
March 10, 2005
 

When Torment Is Baby's Destiny, Euthanasia Is Defended

By JOHN SCHWARTZ

 
 
 

Babies born into what is certain to be a brief life of grievous suffering should have their lives ended by physicians under strict guidelines, according to two doctors in the Netherlands.

The doctors, Eduard Verhagen and Pieter J. J. Sauer of the University Medical Center in Groningen, in an essay in today's New England Journal of Medicine, said they had developed guidelines, known as the Groningen protocol. The guidelines have been described in some news reports over the last several weeks, and the authors said they wrote their essay to address "blood-chilling accounts and misunderstandings."

"We are convinced that life-ending measures can be acceptable in these cases under very strict conditions," the authors wrote. Those conditions include the full and informed consent of the parents, the agreement of a team of physicians, and a subsequent review of each case by "an outside legal body" to determine whether the decision was justified and all procedures had been followed.

Stephen Drake, a research analyst at Not Dead Yet, an organization based in the United States that views euthanasia and assisted suicide as threats to people with disabilities, said "there's nothing surprising about the medical profession wanting to formalize and legitimize practices that have wide acceptance in the medical community worldwide," and added, "Obviously, we're against that." The Groningen protocol, he said, is based on "singling out infants based on somebody else's assessment of their quality of life."

Doctors commonly abort fetuses when grave medical conditions like Tay-Sachs disease are diagnosed in utero, and after birth will commonly withdraw treatment from infants with no hope of survival, or even end the lives of some of those newborns. In a telephone interview, Dr. Verhagen said that he and Dr. Sauer were trying to bring a measure of accountability to acts that go on every day around the world. "Given the fact that it is already happening," he said, "we find it unacceptable that it is happening in silence."

In the Netherlands, euthanasia is legal  for patients older than 16 who request it.

"The question under consideration now is whether deliberate life-ending procedures are also acceptable for newborns and infants, despite the fact that these patients cannot express their own will," the authors wrote. "Or must infants with disorders associated with severe and sustained suffering be kept alive when their suffering cannot be adequately reduced?"

The doctors divided the newborns who might be considered for end-of-life decisions into three groups. The first is made up of infants "with no chance of survival" because of severe underlying diseases. Babies in the second group have "a very poor prognosis and are dependent on intensive care." Although intensive treatment might help them to survive, "they have an extremely poor prognosis and a poor quality of life." The third group has a "hopeless prognosis" and experience "what parents and medical experts deem to be unbearable suffering," whether or not they need intensive medical care. Within this group, the doctors include "a child with the most serious form of spina bifida," a condition in which the spinal column does not close completely.

According to the doctors, in the Netherlands there are 15 to 20 cases of euthanasia each year in newborns who fall into the third group. Two cases reviewed by the authors resulted in court cases in the mid-1990's, and in each case, the Dutch courts "approved the procedures as meeting requirements for good medical practice." The authors also examined 22 cases of euthanasia of newborns with severe cases of spina bifida that have been reported to district attorneys' offices since 1997. None of those doctors were prosecuted.

Publishing the Groningen guidelines "is not about our preparedness or joy in ending life," Dr. Verhagen said. "It's another phase, the phase that comes afterward. If you end the life of children, are you prepared to be accountable for it?"

Douglas J. Sorocco, a lawyer in Oklahoma City who has spina bifida, said that doctors might be quick to classify a baby as a hopeless case who might, with the right medical care, lead a happy and productive life. He said he might be classified as having "the most serious form" of the condition, since he was born with an open spine.

"People with spina bifida are having families, and making a contribution to their communities," said Mr. Sorocco, who is chairman of the board of directors of the Spina Bifida Association of America. "I would say I have a life worth living. My wife would say I have a life worth living. My family would say I have a life worth living."

Dr. Verhagen said that he did not question the quality of life of people like Mr. Sorocco, but argued that there was no comparison between those healthy people and the developmentally devastated newborns described in his paper.

Arthur Caplan, a professor of bioethics at the University of Pennsylvania, said he could not imagine such guidelines and practices becoming the norm in the United States. "It's not acceptable to the culture," he said.

The doctors in the Netherlands appeared to agree. "This approach suits our legal and social culture," they wrote, "but it is unclear to what extent it would be transferable to other countries."