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, April 18, 2005

Ralph Reed, Christianity, and Lobbying: A Cautionary Tale?

I'm not one who believes that constitutional law, liberal political morality, or Christianity contains a prohibition or restriction on religion-inspired expression or activism in the political arena.  Still, this article, in today's New York Times -- about Ralph Reed's perhaps-too-close dealings with lobbyist Jack Abramoff -- contains what strikes me as a helpful warning for all engaged believers.  If, as we've heard, "they will know we are Christians by our love," they might also doubt we are Christians if it appears we are, say, hacks for casino interests.

Rick

"Religion is really, really bad for you."

A premise of our enterprise here at MOJ is, I suppose, that the "development of a Catholic legal theory" is not merely something that might be possible, but is also something that might be desirable.  According to this review, though -- of Sam Harris's book, "The End of Faith:  Religion, Terror, and the Future of Religion" --  "in order to save ourselves from imminent destruction we should take all steps possible to abolish religion:  'Words like "God" and "Allah" must go the way of "Apollo" and "Baal", or they will unmake our world.'"

Rick

Sunday, April 17, 2005

More Reflections on the Papacy of John Paul II

It is not often that a pope--especially a pope of the stature of John Paul II--dies.  So it seems to me altogether fitting--unarguably fitting--to share with readers of this blog various reflections on the papacy of John Paul II--a papacy of unusually long duration--and on the future of the Church.  Perhaps the most respected English-language Catholic weekly--certainly one of the most respected--is The Tablet, published in London.  Not all of The Tablet's articles are published online, but some are.  For reflections from the April 9th edition, click here; for reflections from the April 16th edition, click here.

Michael P.

Will Great Cities Survive

A few years ago, my granddad bought me a subscription to "The Wilson Quarterly," the publication of the Woodrow Wilson International Center for Scholars.  It's a wonderful magazine.  The latest issue (not yet available online, unfortunately) includes Joel Kotkin's essay (adapted from his book, "The City:  A Global History (2005)), "Will Great Cities Survive?"  The many MOJ bloggers and readers who are interested in urbanism ("new" and otherwise), and also in the connections between cities, community, and Catholic sensibilities and traditions, should try to track down this essay. 

"Cities are humanity's greatest creation," Kotkin writes.  And, "[t]o be successful today, urban areas must resonate with the ancient fundamentals -- they must be sacred, safe, and busy."  Kotkin suggests that one of the new "urban renewal" strategies -- i.e., fading cities re-inventing themselves as hip, edgy congregating points for so-called "young creatives" -- is not likely to succeed because it departs so markedly from these "ancient fundamentals" in failing to appreciate the role that the sacred, and the religious, long played in the developing and sustaining of cities:  "Almost everywhere, the great classical city was suffused with religion and instructed by it.  'Cities did not ask if the institutions which they adopted were useful . . . .  These institutions were adopted because religion had wished it thus.'  In contemporary discussions of the urban condition [including, I'm afraid, many "new urbanist" discussions], this sacred role has too often been ignored."   

Rick

A Different Take: John Paul the Great

Our is, I realize, a blog dedicated to the "development of Catholic legal theory" and not (at least, not primarily) to our no-doubt diverse "takes" on the achievements and -- perhaps -- missteps of Pope John Paul II in the theological, ecclesiological (ecclesiastical?), and administrative / bureaucratic arenas.  Still, by way of companions to Colm Toibin's Times Magazine essay, and William Shea's "Imperial Papacy" piece, I cannot help calling attention to three short essays that, in my judgment, better capture both the Pope's accomplishments and the Church's situation and challenges:  Here is J. Bottum, "John Paul the Great"; here is Michael Novak, "Farewell to a Great"; here is George Weigel's "Mourning and Remembrance."

Rick

"Grandparents' Rights"

Here is a news story, from the Christian Science Monitor, about the recent court decision in Washington, striking down a state law that purported to give grandparents a legal right to visitation with grandchildren, notwithstanding the objections of custodial parents. 

As many MOJ readers know, the Supreme Court invalidated (in a confusing set of opinions) Washington's earlier visitation law in a case called Troxel v. Granville.  (Full disclosure:  I authored two amicus curiae briefs in Troxel, arguing that the visitation law was unconstitutional because it failed to respect fit, custodial parents' fundamental right to direct the upbringing and education of their children.  I've also written about the issue.)

To be clear -- and in case my parents or in-laws are worried -- I'm all for close relations between and among extended-family members.  (And I agree with -- for example -- MOJ-er Vince Rougeau, who has explained that our legal regime has often embraced rules and policies that atomize families and isolate individuals).  I do not support, however, laws that authorize judges to override the visitation decisions of fit, custodial, non-abusive parents, merely on the ground that they believe that they know better than parents which relationships and contacts are in the "best interests" of others' children.

Rick

The Moral Theology of John Paul II

This new book (2005) has just come to my attention, and I thought that some MOJ readers would be interested in it:  Charles E. Curran, The Moral Theology of Pope John Paul II (Moral Traditions Series).  Lisa Sowle Cahill of Boston College's Theology Department says:  "For all who want a serious, critical analysis in relation to Catholic social tradition and the development of moral theology, this book is unsurpassed."  John Pawlikowski of the Catholic Theological Union concurs:  "No one serious about understanding Catholic social teaching can ignore this work."  The publisher of the book--Georgetown University Press--offers this description of Father Curran's book:

Pope John Paul II is the second longest serving pope in history and the longest serving pope of the last century. His presence has thrown a long shadow across our time, and his influence on Catholics and non-Catholics throughout the world cannot be denied. Much has been written about this pope, but until now, no one has provided a systematic and thorough analysis of the moral theology that underlies his moral teachings and its astonishing influence. And no one is better positioned to do this than Charles E. Curran, widely recognized as the leading American Catholic moral theologian.

Curran focuses on the authoritative statements, specifically the fourteen papal encyclicals the pope has written over the past twenty-five years, to examine how well the pope has addressed the broad issues and problems in the Church today. Curran begins with a discussion of the theological presuppositions of John Paul II's moral teaching and moral theology. Subsequent chapters address his theological methodology, his ethical methodology, and his fundamental moral theology together with his understanding of human life. Finally, Curran deals with the specific issues of globalization, marriage, conscience, human acts, and the many issues involved in social and sexual ethics.

While finding much to admire, Curran is nonetheless fiercely precise in his analysis and rigorously thoughtful in his criticism of much of the methodological aspects of the pope's moral theology—in his use of scripture, tradition, and previous hierarchical teaching; in theological aspects including Christology, eschatology, and the validity of human sources of moral wisdom and knowledge; and in anthropology, the ethical model and natural law. Brilliantly constructed and fearlessly argued, this will be the definitive measure of Pope John Paul II's moral theology for years to come.

New "Religion Clause" blog and Sri Lanka conversions law

Here is a new blog, thanks to Prof. Howard Friedman of the University of Toledo, called "Religion Clause."  There are already a number of interestings posts up.  I was particularly interested in this one:  "Sri Lanka Parliament Considering Bill on Conversions."

Rick

The Catholic Church, Women, Sexuality . . .

Colm Toibin, an Irish writer who lives in Dublin, wrote last Sunday in the New York Times Magazine about John Paul II.  Toibin is author of, among other books, The Sign of the Cross:  Travels in Catholic Europe.  In today's NYT Magazine, Toibin writes a short piece about today's Catholic Church--and its future.  To read the whole piece, click here.  Some excerps follow:

The rules that the church still imposes that affect most law-abiding people tend to govern sexuality and gender; they seem difficult to many Catholics because they focus on the matter of how we love and whom we love. A divorced woman falling in love a second time can be denied communion; a gay man who has found comfort, once unimaginable, in love can be excluded from the official church; a couple who use artificial contraception are deemed to be sinful; a priest who wishes to marry must leave; a woman who feels a vocation to the priesthood must live her life with this vocation unfulfilled.
. . .
The slowness of Holy Mother Church, the sense of it as a bastion of distilled wisdom overseen by -- at least most of the time -- unworldly old men, guards it from fashion, gives it the immense solidity that is lacking in, say, the Church of England, which has moved with the times, thereby losing much of its power. But the slowness of the Catholic Church in dealing with the sexual abuse of children and minors by members of the clergy has been very damaging. It has seemed astonishing to the Catholic faithful that the official church did not understand that, for parents, the safety of children is antecedent to all rules and all hierarchies. In its response to these allegations, the church seems to have been truly universal; it behaved as badly in Boston as in Newfoundland as in Dublin as in Sydney, moving offending priests to other parishes rather than reporting them to the police, more concerned with protecting its own reputation than protecting innocent lives.
. . .
If one were to give advice to these grand old men [i.e., the Cardinals, as they elect a new pope,] -- and they are not, I notice, seeking advice -- it would be simple. Find a cardinal who was brought up with many, many sisters, who has a lesbian in the family, a cardinal whose life has been bound up and fully informed by women, who knows the problems and challenges they face in a church where they cannot minister. Even if the next pope and his cardinals were not to change the rule against female priests quickly, it might be important, as acts of witness and of love, to enter into real dialogue with women in the church, and to be seen to listen, to take heed, as St. Patrick did centuries ago, to the other's pain.

 

Saturday, April 16, 2005

William Shea on "The Imperial Papacy"

William M. Shea is the director of the Center for Religion, Ethics, and Culture at the College of the Holy Cross.  Shea's reflections, titled The Imperial Papacy, will appear in the May 6th Commonweal.  To read the whole piece now, click here.  Two excerpts:

Many other things must be said about the last papacy, but I have the awful sense that over the past twenty-five years one voice has filled the ecclesial airwaves, leaving little room for any other. Pardon me a hyperbolic metaphor, but in this regard I would say the Catholic Church has been undergoing asphyxiation. I see two large problems in this. I hope the next pope can begin to resolve them, but I have serious doubts that he will be able to do either. Both have to do with governance of the church.

First, the last papacy revealed in acute form what everyone knew already: the Catholic Church is a monarchy. That fact grounds both the achievements and failures of John Paul II. Though the intensity of the monarchical rule depends on factors ranging from political context to the psychological character of the monarch, historical inertia has lead to the centralization of power in the pope and his curial servants and advisors. Though many regard this centralization as having a supernatural root, I do not. To me it has been and remains an unfortunate natural development resting on the myth of Peter and the gradual and willful accretion of political and ecclesial power to the bishops of Rome. This power has been hardened in Catholic doctrines of the papacy and has displayed itself in the popular revival of ultramontanism in the last papacy.
. . .

The second problem the next pope will face is reversing the quality of the episcopate created by his predecessor. That Catholic bishops, like Catholic popes, are and should be men of orthodox catholic faith, well-versed in the classical creeds, conciliar teaching, and the doctrines of the churches of Christ, seems evident. But there is no need for Catholic bishops to be hermeneutical parrots. Bishops, archbishops, and cardinals seem devoted to repeating, without nuance, the never ending stream of papal and curial pronouncements under John Paul. We need bishops with brains and the courage to use them, bishops who believe that their job is to witness to the gospel in their own circumstances without wary and pious eyes cast over their shoulders to “the holy father,” waiting on him for enlightenment. They are appointed to witness to Christ’s resurrection and to serve their churches, not to witness to the papacy and serve it. They should be men capable of telling the pope he is wrong. I am not sanguine about this possibility, although under as powerful men as Pius XII and John XXIII such men were raised to the episcopacy and revealed themselves at the council. The full flown imperial papacy has been in place now for a quarter of a century and one must ask whether reversal is any longer possible and whether the bishops, most of them appointed by the deceased pope, are capable of honest and decent rule of their churches. Surely they are not up to a council and John Paul II could not have abided one.