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.

Thursday, August 25, 2005

Koppelman on God's Role in Creation

Northwestern law prof Andrew Koppelman has an interesting post over at Balkinization on the intelligent design debate.  Here's an excerpt:

Cardinal Schonborn writes that there is “purpose and design in the natural world, including the world of living things.” He could mean two things by this. The first is that there is a point to the universe’s existence, and human life has cosmic significance. The second is that ordinary physical processes are not the product of blind causation, but of continuing divine intervention. You can accept the first proposition without accepting the second one. God might well have created a universe in which physical processes – say, the emergence of homo sapiens from other species, or the operation of your car’s engine – take place by themselves. The universe as a whole might be fraught with purpose, even if its parts operate mechanically. This in fact appears to be the view of the book of Genesis, which informs us that on the seventh day, after creating the universe, God rested. If God was resting, then evidently the universe was able to keep running by itself.
. . . .

Galileo and Darwin do place greater demands on religious faith than their predecessors. They require that faith stand on its own bottom, rather than leaning on comforting hints drawn from observed phenomena. And this is, perhaps, why they are resisted so fiercely. Faith is hard. But the enemies of Darwin are not helping religion’s cause. If we did not, in our daily activities, assume a mindless, predictable nature, we probably could never do anything at all. The idea that religion necessarily rejects science and mechanism ought to appeal only to the most militant atheists. Its embrace by sophisticated religious people is bizarre.

I agree with the thrust of the post, but Koppelman seems to assume that there are only two possibilities: a totally intervening God who orchestrates every movement and occurrence in nature, or a totally absent God who starts things running and then leaves the scene.  Christians, in my understanding, split the difference between these perspectives.  Yes, God intervenes in nature, but God is not nature's puppet-master.  The intervention is undeniable for those who believe in the Incarnation; the lack of absolute orchestration is undeniable for those who believe in free will (and the fallen state of nature that has resulted).

Rob

The Harm of Same-Sex Marriage: Real or Imagined?

Widener law prof Robert Lipkin has posted his new paper, "The Harm of Same-Sex Marriage: Real or Imagined?"  Here's the abstract:

The controversy over same-sex marriage centers on whether same-sex marriage harms traditional marriage. Some conservatives insist that it will and therefore argue that it should be legally prohibited. By contrast, some liberals are mystified over the contention that same-sex marriage can possibly harm anyone's traditional marriage. This article shows that conservatives and liberals are both right and that they are both wrong. Indeed, it is possible to fashion a rapprochement between reasonable conservatives and reasonable liberals. Conservatives are right that, in an important sense of harm, the legal recognition of same-sex marriage will indeed harm traditional marriage. Liberals are right that despite such harm, marriage should be extended to same-sex couples nonetheless. Implicit in this controversy is which types of harm can be recognized in a democratic society as being reasons for and against laws. A corollary question is who owns and is entitled to participate in American democratic institutions. Some types of harm and some types of exclusion represent a compelling state interest which can and should be legally prohibited. However, harm or exclusion that results merely from clashing normative environments generally must be permitted in a democratic society. While perhaps satisfying extremists on neither side, this rapprochement can contribute to a cease fire in one of the heated battle in the so-called culture wars.

(HT: Solum)

Rob

Another Reaction to the Compendium

Alison Sulentic from Duquesne sent this reponse to my query about the possible use of the Compendium as a teaching tool:

"I have spent some time reading the Compendium over the past few months. I teach a class at Duquesne Law School entitled "Faith, Justice & Social Responsibility" and, like you, I assign the encyclicals and other magesterial documents. However, at this point I don't think I will be assigning significant portions of the Compendium in lieu of the original encyclicals and Vatican II documents. I agree with the review in America a few months ago (I think it was by Tom Massaro) which noted that the Compendium is heavily footnoted to JP II's writings and that this has the somewhat unfortunate effect of unduly emphasizing his writings in comparison to other sources.

"While JP II's contribution to CST is important, I think it is equally important for the students to see that CST's roots extend well beyond JP II's work. In my class, I assign excerpts by Aristotle and Aquinas, as well as materials from most of the major social encyclicals and Vatican II. Then I supplement this with materials from the Catholic Bishops' Conference and other non-magisterial writers. My concern is that the intellectual history of the development of CST might be less apparent if one relied solely on the Compendium. So, that's my two-cents on the issue that you raised on MOJ, for what it's worth."

Thanks to Alison for her helpful comments.

Wednesday, August 24, 2005

"Nutty" presidential candidates

In response to Tom's post ("[I]f Robertson is still seriously in the loop for Republicans on political issues, that's bad.")-- and perhaps just to correct this blog's alarming leftist tilt (smiley face here) -- it should be noted that:  (1) Pat Robertson is a marginal figure in American politics, including in Republican circles, and has been for some time; (2) CNN, etc. know this full well, yet persist, in tediously predictable fashion, in pretending that "the story" is "prominent Republican calls for assassination"; (3) in fact, Robertson is no more prominent in the Republican party than some alarming leftist nut-jobs are in the Democratic Party (which, in my view, still makes him too prominent); and (4) the fact that Robertson was once a semi-successful presidential candidate (before, as Tom's post reminds us, some of his exceptionally loopy statements) is no more telling about the state of things on "the right" than the fact that wack-jobs Dennis Kucinich and Al Sharpton -- and Howard Dean and Michael Moore? -- played to rave reviews from the Democratic base during the last election.

Alright.  Partisan rant over.  Back to linking to left-leaning blogs, thereby confusing the blog aggregators.

Rick

MOJ: Left or Right?

Earlier posts by Michael P. and me on Pat Robertson have been tallied on Unpartisan, a "blog aggregator" that collects posts from political blogs concerning prominent issues.  They divide blogs crudely into "from the left" and "from the right" (no category for "from the perspective of Catholic legal theory"), and they classify MOJ as from the left.  One might think the algorithm producing the classification is based on features of the individual post:  for example, on the occurrence of the words "evangelical" and "crackpot" within 12 words of each other (as happened in my post).  But actually, according to Unpartisan's FAQ page, classification is of the whole site and "is determined by which types of blogs you link to and which link to you.  If the majority of sites that link to you are known to be conservative and the majority of sites that you link to are known to be conservative, you get lumped in with the conservative blogs."  This supposedly "tends to work close to 98% of the time" (an oddly-qualified sentence).  Rick, Richard, Michael S., and other consistently right-minded MOJers:  MOJ ends up on the left even though Rob and I try to help your stats by linking to blogs like Christianity Today and Evangelical Outpost.  You better step up your linking!  (Smiley face here.)

Tom B.

Former Presidential Candidates Gone Nuts

Andrew Sullivan notes with horror that someone as unbalanced in his views as Pat Robertson ran for President a couple of times and did quite well.  If Robertson is still seriously in the loop for Republicans on political issues, that's bad.  But there is a recognizable type in American politics, the person who runs a credible campaign for President and then goes loony and squanders all credibility afterwards.  Here in Minnesota we have produced two of the great specimens, Harold Stassen for the Republicans and Eugene McCarthy for the Democrats -- both of whom ran a series of increasingly bizarre campaigns for office after their initial credible runs for the presidency.

Actually, this is all leading up to my recommending a fascinating book that I read early this summer, Eugene McCarthy and the Rise and Fall of Postwar American Liberalism (by Dominic Sandbrook, Anchor Books 2004, paperback ed. 2005).  Some readers may already know, but I didn't, that McCarthy started out as a Catholic intellectual, teaching political theory at my own University (then College) of St. Thomas (after dropping out of an abbey and seminary) before going into politics.  The author traces the varying effects of Catholic social thought on McCarthy, his first political incarnation (Catholic-inspired) as an anti-Communist liberal, and then the later permutations into anti-war candidate in 1968 and eventually, from the late 70s on, quack.  The thesis of the book -- that, as suggested by the title, McCarthy's rise and decline are representative of the fortunes of American liberalism in the same period -- is enlightening, especially the idea that McCarthy 1968 marked a decisive shift of Democratic Party energy away from working-class issues and toward the reform emphases of upper-middle-class intellectuals.  But the thesis that McCarthy is representative also sits awkwardly with the book's portrayal of McCarthy as unusually mercurial and anti-social, and concerned less with issues than with personal status and slights.  At any rate, I commend the book to anyone interested in Catholic social thought and its relation to 20th-century American liberalism, the Democratic Party, etc.

Tom B.

Some new papers

I've added SSRN links to a few new papers (see the right-hand side of the screen), "American Conversations with(in) Catholicism" (a review of John McGreevy's wonderful book), and "Changing Minds:  Proselytism, Religious Freedom, and the First Amendment."  Comments and reactions are always welcome!

Rick

The Compendium as Teaching Tool

In response to Susan's question, I haven't studied the Compendium in depth, but my use of it thus far has led me to consider it an invaluable tool for quickly ascertaining the Church's social teaching on a given issue -- especially an issue with which we might be unfamiliar.  Given its all-encompassing scope, however, it necessarily treats subjects with less depth than other sources, and its format would require a lot of skipping around from section to section to give students a sense of the necessary relationship between different components of the social teaching.  As such, I'd be hesitant to substitute the Compendium for a papal encyclical in the classroom environment, although it could be valuable in providing students with a sense of the broader social teaching.  The Compendium is helpful in communicating the social tradition; encyclicals (and other sources) are more helpful in allowing the reader to enter into the line of reasoning that has helped form the tradition.  For students who come to these topics prepared to disagree with the Church, exposing them to the richness of the encyclicals is especially crucial, as they essentially enter into a seamless story, rather than encountering the social tradition as one might encounter the Restatement in Torts class.  Students might still disagree with the Church's positions after reading an encyclical, but at least they will have experienced the foundations of those positions in all their fullness.

Rob

Solicitation of Views on the Compendium

Mike's Scaperlanda's most recent post contains some suggestions by Kevin Lee for the Catholic Legal Theory booklist.  One of Kevin's suggestions is the Compendium of the Social Doctrine of the Church, which as he observes provides a nice comprehensive overview of the Church's social teachings. Kevin suggests that "[a] close reading of [the Compendium] might make for a course on Catholic Social Teaching all by itself."  On the other side, I have also heard some critical views expressed of the book.

I'm curious about people's assessments of the Compendium both generally and specifically with respect to the following.  Last spring, when I taught my seminar in CST in the Law I assigned either the entirety of or portions of vaious encyclicals and other church documents, requiring the students to purchase the O'Brien and Shannon collection and posting links for them to other documents not included in that collection.  As we all know, many of these are not the easiest readings for students.    I'm wondering whether, when I teach the course again in the spring, I ought to consider having them purchase the Compendium instead, using primarily that rather than the original documents.  I have mixed feelings and would be grateful for the thoughts of those who have evaulated the Compendium.

PAT ROBERSTON AD ABSURDUM ...

PAT ROBERTSON URGES U.S. TO COVET CHAVEZ’ WIFE
Televangelist Breaks Second Commandment in Two Days


One day after Pat Robertson called for the U.S. to assassinate Venezuelan President Hugo Chavez, the televangelist raised the ante again today, urging the U.S. to covet President Chavez’ wife. In so doing, Mr. Robertson appeared to contradict two of The Ten Commandments in as many days, having flouted “Thou shat not kill” on Monday. Speaking on the television program he hosts, “The 700 Club,” Mr. Robertson lashed out at the Venezuelan strongman once more, telling his audience, “It’s high time that the United States coveted Hugo Chavez’ wife.” Warming to his topic, the opinionated preacher added, “And while we’re at it, we should covet his house, his manservant, his maidservant, his ox and his ass, for that matter.” Mr. Robertson indicated that all of the coveting he referred to would not require a war, arguing that it could be all done through the use of covert operatives within Venezuela. “We could send some special ops guys down there, and bang-bang, covet all of that stuff,” Mr. Robertson told his audience. Speaking to reporters after the program, Mr. Robertson was unrepentant about having broken two of the Ten Commandments in two days, telling them, “I fully intend to obey the other eight, and eight out of ten ain’t bad.” But the televangelist seemed to waver from that position slightly, telling reporters that the U.S. should “bear false witness against Hugo Chavez and dishonor Hugo Chavez’s mother and father.”

[From the Borowitz Report, 8.24.05.]