Call for Papers
2006 Annual Conference
“Public Policy, Prudential Judgment and the Catholic Social Tradition”
April 6-8, 2006
Terrence J. Murphy Institute for Catholic Thought, Law, and Public Policy
University of St. Thomas, Minneapolis-St. Paul, Minnesota
In the Catholic moral tradition, prudence is understood to be a moral virtue that enables a person to reason well about things to be done. Prudence concerns reasoning both about goals to be pursued and means to be employed to accomplish them. The tradition acknowledges the importance of moral principles, which shape practical reasoning in very fundamental ways, but it also insists that concrete actions are also determined by prudential judgment, which wisely takes account of particular conditions.
In recent years a number of public policy questions, such as the permissibility of the death penalty, the morality of the war in Iraq, and the justice of welfare reforms, have provoked controversy among Catholics. Advocates of very different policies have claimed that their positions follow from the Catholic social tradition and, at times, some have even insisted that their positions alone are faithful to this tradition. These controversies highlight enduring questions about the proper relationship between moral principles and prudential judgment.
In much the same way, controversies have also accompanied some of the formal positions adopted by the American bishops and even the Vatican on questions of public policy. Here again there has been an indistinct line between direct inference from moral principles and sound prudential judgment, where the former invites commitment and the latter tolerates disagreement.
Because of the importance of prudential judgment in public policy matters, we believe that the time is ripe for a careful and comprehensive discussion of the topic. We therefore welcome proposals for papers in the following categories:
Prudential Judgments in General: What different functions are played by fundamental moral principles and prudential judgments in choosing and acting? Which sorts of questions or challenges are best resolved by direct appeal to general moral principles and which require prudential judgment? What should be the scope of prudential judgments in the application of the Catholic social tradition to concrete situations? To what extent should the principles of the Catholic social tradition be shaped over time by the experience (and prudence) of Catholic laity active in public life?
The Bishops and the Laity: With their experience of political and economic life, should the voice of the laity play a special role in the development of the Catholic social tradition? Do the bishops teach with different authority on matters of principle and matters of prudence? What difference in response is appropriate for the laity when the bishops teach about principles and when they teach about prudential application? Should the bishops, as bishops, publicly address matters of prudential judgment? What are the implications of the character and influence of professional staff on the teaching of the bishops?
Specific Applications and Case Studies: Insight into the role and scope of prudential judgments is likely to be limited if it is based only on abstract considerations. The line between fundamental moral principles and prudential judgments is likely to vary from subject to subject and among concrete issues within various subjects. Proposals are welcome that assess specific cases such as: (1) the role of prudential judgments in a particular area of law or legislation, such as economic policy, foreign affairs, or sex and the family; (2) particular historical examples of the role of prudential judgments, or the historical development of prudential judgments on particular subjects.
Submission Information:
Please submit a 1-2 page proposal no later than 15 November 2005. Authors should indicate in the proposal how they intend to treat their topic and, if necessary, provide a rationale for inclusion of this topic in the conference agenda. It would also be helpful if authors would include brief biographical information and an e-mail address. Acceptance decisions should be made by 15 December 2005.
For further information or to submit proposals, please contact us at the address below:
Prof Thomas C Berg ([email protected]; 651 962 4918)
Prof Robert G Kennedy ([email protected]; 651 962 4823)
Terrence J Murphy Institute for Catholic Thought, Law, and Public Policy
University of St Thomas School of Law
MSL 400, 1000 LaSalle Avenue
Minneapolis, MN 55403-2015
According to a survey conducted by National Catholic Reporter shortly after the election of Pope Benedict XVI, the most important issues to American Catholics are helping the poor and belief in the resurrection (84%). Dean Hoge, one of the resarchers who conducted the study observed that the findings "are similar to the findings of earlier studies except that in the past the sacraments were usually in first place ahead of helping the poor...We consider it noteworthy that helping the poor is held in such central importance by American Catholics." In contrast, Hage observes that most American Catholics appear to view teachings on, e.g., celibacy and issues such as death penalty, abortion and same-sex marriage as "more optional than essential." The Reuters report of the survey is here. (The report notes that the survey is at ncronline.org, but I couldn't easily locate it.)
One often hears the charge that "conservatives" are "inconsistent" for. say, supporting federal-level tort reform, given their professed devotion to "states' rights" and "federalism." But, of course, "federalism" is about more than "states' rights". (In my view, "states' rights" talk is quite unappealing; I am not interested in the "dignity" or "sovereignty" of states, but in the constitutional principle that ours is a national government of limited, enumerated powers.).
In any event, Eugene Volokh has this helpful post, "Federalism and Consistency", over at the Volokh Conspiracy. (Thanks to Professor Bainbridge for the link). I expect it will be of interest to CST-minded MOJ readers. Here is a taste, but check out the whole thing:
People sometimes argue that others -- usually conservatives who have expressed some support for federalism -- are being inconsistent: How can you argue for leaving topic X to state-level decision, but favor federal authority over topic Y? Such arguments can of course sometimes be apt. But often they seem to me overstated, (1) because they conflate different kinds of criticism of state action, and (2) because they mistake federalism (support for leaving many things at the state level, but deciding many others at the federal level) for a more categorical localism (support for leaving everything at the state level).
1. Let me begin by laying out several different kinds of questions that people can ask about whether something -- and especially some matter of ostensible individual right -- should be decided at the national level as opposed to the local level. (By local I'll usually mean "state," but similar questions can sometimes arise as to city/county-state relations.)
a. Should the federal Supreme Court protect a certain ostensible right throughout the nation, displacing contrary federal and state decisions? The answer here will often turn on how one reads the Constitutional text. Most federalists acknowledge that there are at least some such rights that are constitutionally protected, but they may legitimately disagree among themselves (and with those who don't much care about constitutional federalism) about which are protected, and how much.
b. Does Congress have the constitutional authority to protect a certain ostensible right by federal statute throughout the nation, displacing contrary state decisions? The answer here will turn on how one reads the grants of federal power in the Constitution, both the Enforcement Clause of the Fourteenth Amendment, and the provisions (especially broader ones, such as the Commerce Clause) of article I, section 8 of the Constitution. (A related question: Should the Commerce Clause be interpreted as presumptively prohibiting states from doing certain things that have an effect on interstate or foreign commerce, absent specific Congressional authorization?)
c. Should Congress exercise its authority to protect a certain ostensible right by federal statute? The answer here may turn on whether you think the claimed right really is morally proper (e.g., Congress shouldn't enact a statute giving parents the right to beat their children, even if it's within Congress's power to do this). It may also turn on whether you think there are practical or democratic theory reasons for resolving certain matters at the state level (e.g., the right solution may be different depending on different local conditions, the right solution will only be reached through state-level experiments, or there are special dangers in federal authority in this area) or at the national level (e.g., the actions of one state will substantially affect behavior in another state, or the claimed right is so morally imperative that we must protect it as broadly as possible).
d. Even if the federal government shouldn't step in, should people nonetheless urge all states to protect a certain ostensible right? One might, for instance, think that states have the constitutional power to restrict guns, punish various sexual practices, engage in religious speech, regulate economic activity in certain ways, and the like -- but one might think that such actions improperly interfere with people's moral rights (even if not their federal constitutional rights), or yield various inefficiencies. As to other matters, one might think that states really should do their own thing, especially when one thinks there aren't really genuine claims of moral right involved, or if one thinks that diversity among states is helpful.
It's therefore important, when analyzing someone's arguments for consistency, to understand which argument they're making. There might be inconsistency in arguing for federal constitutional protection for sexual autonomy but arguing that gun rights questions should be left at the state level (though even there one can of course explain why one thinks that the Constitution should be understood as protecting one sort of individual right and not the other). But it's hard to see the inconsistency in arguing that there should be no federal constitutional protection for sexual autonomy (a level (a) argument), but that it's wrong for states to ban handguns (a level (d) argument) and that such handgun ban proposals should therefore be defeated in state legislatures.
2. More broadly, it's important to remember that few people are complete localists in the sense of believing that everything should be done at the local level, or even complete nationalists in the sense of believing that everything should be done at the national level. . . .
So again one can't just say "If you're such a federalist on the Violence Against Women Act, why are you in favor of national rules governing gun manufacturer liability?" Federalist theory does support national rules in some areas (for instance, regulations of commerce that substantially affect the national economy) and local rules in other areas (for instance, punishment of noncommercial criminal activity).. . .
3. All this may be obvious -- but it's the sort of obvious that people miss. . . .
Rick
Rick quoted and posted a link to a report that argues, among other things, that "[t]he widely held fear that a Godless citizenry must experience societal disaster is therefore refuted." Not so fast... Are these societies really thriving? George Weigel provides several examples of the failure to thrive in Europe in his book, "The Cube and the Cathedral." Weigel offers keen insight into how Europe arrived at the present and asks whether the people of the Cube (metaphor for those who would banish God from the public square) or the people of the Cathedral are better positioned to defend human rights, democratic government, etc. It is well worth the read.
Michael S.
What happens when the Dartmouth student body president decides to talk about Jesus in a speech at the convocation for entering students? Read about the fallout here. (HT: Volokh)
Rob
