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, January 23, 2006

GENOCIDE? IN 2006? "NEVER AGAIN" OR "ONE MORE TIME"?

If you're ignorant about what's happening in Darfur--or less informed than you should be--click here.  From the New York Review of Books, 2/9/06.  The introduction follows:

Genocide in Slow Motion

By Nicholas D. Kristof

During the Holocaust, the world looked the other way. Allied leaders turned down repeated pleas to bomb the Nazi extermination camps or the rail lines leading to them, and the slaughter attracted little attention. My newspaper, The New York Times, provided meticulous coverage of World War II, but of 24,000 front-page stories published in that period only six referred on page one directly to the Nazi assault on the Jewish population of Europe. Only afterward did many people mourn the death of Anne Frank, construct Holocaust museums, and vow: Never Again.

The same paralysis occurred as Rwandans were being slaughtered in 1994. Officials from Europe to the US to the UN headquarters all responded by temporizing and then, at most, by holding meetings. The only thing President Clinton did for Rwandan genocide victims was issue a magnificent apology after they were dead.

Much the same has been true of the Western response to the Armenian genocide of 1915, the Cambodian genocide of the 1970s, and the Bosnian massacres of the 1990s. In each case, we have wrung our hands afterward and offered the lame excuse that it all happened too fast, or that we didn't fully comprehend the carnage when it was still under way.

And now the same tragedy is unfolding in Darfur, but this time we don't even have any sort of excuse. In Darfur genocide is taking place in slow motion, and there is vast documentary proof of the atrocities. Some of the evidence can be seen in the photo reproduced with this essay, which was leaked from an African Union archive containing thousands of other such photos. And now, the latest proof comes in the form of two new books that tell the sorry tale of Darfur: it's appalling that the publishing industry manages to respond more quickly to genocide than the UN and world leaders do.

In my years as a journalist, I thought I had seen a full kaleidoscope of horrors, from babies dying of malaria to Chinese troops shooting students to Indonesian mobs beheading people. But nothing prepared me for Darfur, where systematic murder, rape, and mutilation are taking place on a vast scale, based simply on the tribe of the victim. What I saw reminded me why people say that genocide is the worst evil of which human beings are capable.

On one of the first of my five visits to Darfur, I came across an oasis along the Chad border where several tens of thousands of people were sheltering under trees after being driven from their home villages by the Arab Janjaweed militia, which has been supported by the Sudan government in Khartoum. Under the first tree, I found a man who had been shot in the neck and the jaw; his brother, shot only in the foot, had carried him for forty-nine days to get to this oasis. Under the next tree was a widow whose parents had been killed and stuffed in the village well to poison the local water supply; then the Janjaweed had tracked down the rest of her family and killed her husband. Under the third tree was a four-year-old orphan girl carrying her one-year-old baby sister on her back; their parents had been killed. Under the fourth tree was a woman whose husband and children had been killed in front of her, and then she was gang-raped and left naked and mutilated in the desert.

Those were the people I met under just four adjacent trees. And in every direction, as far as I could see, were more trees and more victims—all with similar stories.

[To read the rest, click here.]
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The President's March for Life address

Here is the text of the President's remarks, delivered by telephone, to the thousands gathered at the March for Life in Washington, D.C.  Here's a bit:

[W]e come from many backgrounds -- different backgrounds, but what unites us is our understanding that the essence of civilization is this: The strong have a duty to protect the weak. . . .

I appreciate so very much your work toward building a culture of life-- . . . a culture that will protect the most innocent among us and the voiceless. We are working to promote a culture of life, to promote compassion for women and their unborn babies.. . . We know -- we know that in a culture that does not protect the most dependent, the handicapped, the elderly, the unloved, or simply inconvenient become increasingly vulnerable.

Judge Alito, Justice O'Connor, and religious freedom

Shamelessness time:  I have an op-ed in today's USA Today, discussing the views of Judge Alito and Justice O'Connor on religious-freedom matters.  Here's a bit:

Alito is an eminently worthy successor to O'Connor. What's more, he is all the more fitting a replacement, given their shared commitment to what has been quite rightly called our "first freedom": The freedom of religion protected by the First Amendment.

Like O'Connor, Alito understands that our Constitution does not regard religious faith with grudging suspicion, or as a bizarre quirk or quaint relic. They both appreciate that, in our traditions and laws, religious freedom is cherished as a basic human right and a non-negotiable aspect of human dignity. This is why both jurists have occasionally come under fire from activists who misunderstand the "separation of church and state."

Our Constitution separates church and state not to confine religious belief or silence religious expression, but to curb the ambitions and reach of governments. The point of the First Amendment is not to "put religion in its place," but instead to protect religion by keeping the government "in its place." The Amendment's Establishment Clause is not a sword, driving private religious expression from the marketplace of ideas; rather, it is a shield that constrains government precisely to protect religiously motivated speech and action.

By the way, I should note that the error in the piece regarding the date of the Holmes quote is one that, as the paper will make clear tomorrow, was the editors' and not the author's.

THE CULTURE OF DEATH

For an interesting essay by Gary Wills (Catholic) on Jimmy Carter (Baptist), on religion in politics, and on the culture of death, click here.  From the New York Review of Books, 12/9/06.
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INTELLECTUAL FREEDOM AND CATHOLIC THEOLOGIANS

The following essay--by Luke Timothy Johnson, who is Robert W. Woodruff Professor of New Testament at Emory University, where I too now teach--is from the 1/27/06 issue of Commonweal.  I hope the essay is widely read.

After the Big Chill
Intellectual Freedom & Catholic Theologians
Luke Timothy Johnson    

Suppose we indulge our fondest hopes. Let us imagine that Pope Benedict XVI turns out to be quite unlike what many expected, and that he embraces a spirit of theological openness and generosity. No longer would a respected and respectful editor of a Jesuit journal be removed for the sin of advocating fairness; no more would a leading theological ethicist be removed from a tenured position or a systematic theologian be quelled by the same threat.

In this new atmosphere, local pastors would no longer be summoned to account in Rome on the basis of parishioners’ calls to the bishop (as priest friends of mine have been). Scholars (like me) would not be disinvited to conferences on Aquinas because they criticized John Paul’s theology of the body, or be asked to sign a statement that they would not do anything to “embarrass the church” when lecturing at a university, or, on the basis of other anonymous calls, be warned by the vicar-general of an archbishop who is now a cardinal against being “soft on the bodily Resurrection” of Christ when teaching New Testament to adult Catholics. The “big chill” within contemporary Catholicism includes all those mechanisms, overt and covert, by which the Vatican has deliberately sought to suppress theological intelligence and imagination in the name of doctrinal and moral “Truth.”

Now suppose all these measures stopped because Benedict XVI turned out to be someone who actually moderated his predecessor’s repressive instincts. Would the church then be in a state beatific? Would a healthy balance between magisterial authority and theological inquiry be struck then?

I am not sanguine. For one thing, the chill has become systemic. The episcopacy shaped by John Paul II will continue to perpetuate its fearful distrust of theologians. Defenders of the Congregation for the Doctrine of the Faith (CDF) argue that its investigations and sanctions of theologians are about “truth in advertising”-Catholic theologians in Catholic colleges should teach the way the Vatican says they should teach. Such a claim does little more than reduce theological truth to catechesis.

Is there a better way to think about the relationship between theologians and the church’s hierarchy? I think so. If we focus our hope for the church on the personality or policy proclivities of this or the last or the next pope, we simply perpetuate the Vatican’s tendency to identify the church with the magisterium and the magisterium with the pope. That, in turn, contributes to the ill-conceived conviction that all theological wisdom must spring from a single source. This fixation is problematic even-perhaps especially-if we grant that John Paul II and Benedict XVI are genuine and even important theologians. This fixation on the papacy results in the steady theological impoverishment of the church as a whole, precisely at a time when the task of articulating the church’s faith is urgent and daunting. The effort by the Vatican and its allies to control theological debate reflects little trust in the capacity of theologians to criticize one another-something they have never been reluctant to do-and even less trust in the best-educated laity in Catholic history that is hungry for intellectual engagement with the faith that is not condensed and condescending. Defenders of the CDF’s actions like to say that theology is an ecclesial, not merely an academic, vocation. I agree. It is precisely because theology is done by and for the church that it requires the highest gifts of theological intelligence and imagination. Some of the best theological talent available to the church today is found outside the clergy. If these lay theologians teach in Catholic colleges or seminaries, they are placed under strict control; if they teach in Protestant or secular schools, they are largely ignored. Many in the hierarchy seem indifferent to the academic theological community, while others seem hostile to the climate of intellectual freedom that theology needs.

[To print and/or read the whole essay, click here.  Here is the concluding paragraph:]

The theological impoverishment of the church today is real and if something is not changed, it will undoubtedly get worse. Perhaps it’s too much to hope that the present model of the church as household can open itself to a healthy conversation with the image of the church as the living body of the resurrected Christ, particularly if the present heads of household think that theirs is the only model that is true to revelation. But they are wrong. The alternative (and, I insist, complementary) image of the church is, if anything, truer to the good news as found in Scripture. Those of us who long for a church in which it is possible to be both smart and holy, both loyal and critical, live in hope that something of this vision may gain recognition. Still, suppose the big chill continues, through the papacy of Benedict XVI (despite our fondest hopes) and the papacies to follow. What can theologians do? They can continue to speak prophecy and to practice discernment among God’s people. What is at stake is the integrity of the church’s witness to the living God.
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Sunday, January 22, 2006

Neuhaus on Jesuits on Gay Priests

It appears that Richard John Neuhaus would rather have a schism than a truce.  Read for yourself here.

Rob

Bush on Education

On education issues, the Bush Administration does not seem particularly subsidiarity-friendly.  In addition to the dubious No Child Left Behind Act, a proposed new federal college aid program requires eligible students to have completed "a rigorous secondary school program of study."  Aside from the awkwardness of the federal government deciding which schools are "rigorous," private school students appear to be excluded categorically, as the bill further specifices that the program of study must be "established by a state or local educational agency and recognized by the secretary."

Rob

Conscience, the Church, and the EU

On 14 December 2005, the EU Network of Independent Experts (Network) on Fundamental Rights issued their opinion No. 4-2005: “The Right to Conscientious Objection and the Conclusion by the EU Member States of the Concordats with the Holy See.” Download conscientious_objection.pdf  The European Commission requested the opinion of the Network on the legal status of religious conscientious objection in existing and future concordats between EU Member States and the Holy See. The European Commission posed several questions, but the one I believe that is applicable to our MOJ discussion is this: do conscience clauses in concordats create incompatibilities with fundamental rights of individuals and the law of the EU? Several of us addressed the issue of conscience last couple of months in various domestic legal settings. The EU Network has now brought the matter into the world of international law.

The question of whether concordats containing provisions protecting the right to religious conscientious objection are compatible with the protection of “fundamental rights” and EU law raises serious consequences for the Church and the integrity of its concordats. But the integrity and sanctity of conscience is also compromised. The Network concludes that the concordat clauses it reviewed are incompatible with EU law and the “fundamental rights” guaranteed under its legal scheme. The Network does admit that conscience is an issue that receives limited protection under various human rights instruments and the law of the EU; however, it is only one of several rights that are protected, and the protections accorded to conscience, including claims to conscience based on religious beliefs, are not absolute. The Network asserts that the limited right to conscience based on religious belief must be balanced with other rights that address concerns for: same sex unions; “reproductive health rights”; abortion; euthanasia; artificial fertilization; and, artificial contraception.

In writing its opinion on the legal status of concordat conscience clauses, the Network has reached some tricky, unfortunate, dangerous, and, in my opinion, unsupportable conclusions. For example, in the area of abortion, the Network asserts that the right to religious conscientious objection cannot interfere with access to legal abortion; therefore, healthcare practitioners who exercise their right to religious conscientious objection must refer the woman to a qualified health care practitioner who will agree to perform the abortion. This means that the conscientious objector becomes an indirect rather than a direct accomplice in the matter to which he or she objects. One wonders about other the impact that other developing “rights” beginning to surface in some EU countries, e.g., euthanasia or assisted suicide, will have on the right to conscience. The Network offers a chilling preview of what to expect when it states that in those countries where euthanasia and assisted suicide are “partially decriminalized,” conscientious objectors should not be protected in a way that deprives “any person from the possibility of exercising effectively his or her rights as guaranteed by the applicable legislation.” The Network also appears inclined to be restrictive on the rights of pharmacists to claim exemption based on conscience from selling contraceptives including “morning after” pills. The Network is much clearer about matters involving sexual orientation. The Network appears close to endorsing a Netherlands position that “any form of discrimination on the basis of sexual orientation… should not be tolerated…” It is interesting that the Network relies on the law of this one EU member but not conflicting laws of other EU members.

            Although the opinion of the Network, by itself, is not a legally binding text, it is a forecast of things that may develop in the future. At the least, the opinion reflects the views of influential voices within the EU today. And these voices do not offer comfort to those who have legal protection of their conscience and religious belief under international law. I doubt that the drafters of the Universal Declaration of Human Rights or the International Covenant on Civil and Political Rights would agree with interpretations offered by the Network. The current climatic chill in Moscow seems to be moving west at a quick pace but manifesting itself in legal interpretation.   RJA sj

Friday, January 20, 2006

Evangelicals and the War in Iraq

This op-ed should be of interest to many MOJ readers.

New York Times

January 20, 2006

Wayward Christian Soldiers
By Charles Marsh

IN the past several years, American evangelicals, and I am one of them, have amassed greater political power than at any time in our history. But at what cost to our witness and the integrity of our message?

Recently, I took a few days to reread the war sermons delivered by influential evangelical ministers during the lead up to the Iraq war. That period, from the fall of 2002 through the spring of 2003, is not one I will remember fondly. Many of the most respected voices in American evangelical circles blessed the president's war plans, even when doing so required them to recast Christian doctrine.

Charles Stanley, pastor of the First Baptist Church of Atlanta, whose weekly sermons are seen by millions of television viewers, led the charge with particular fervor. "We should offer to serve the war effort in any way possible," said Mr. Stanley, a former president of the Southern Baptist Convention. "God battles with people who oppose him, who fight against him and his followers." In an article carried by the convention's Baptist Press news service, a missionary wrote that "American foreign policy and military might have opened an opportunity for the Gospel in the land of Abraham, Isaac and Jacob."

As if working from a slate of evangelical talking points, both Franklin Graham, the evangelist and son of Billy Graham, and Marvin Olasky, the editor of the conservative World magazine and a former advisor to President Bush on faith-based policy, echoed these sentiments, claiming that the American invasion of Iraq would create exciting new prospects for proselytizing Muslims. Tim LaHaye, the co-author of the hugely popular "Left Behind" series, spoke of Iraq as "a focal point of end-time events," whose special role in the earth's final days will become clear after invasion, conquest and reconstruction. For his part, Jerry Falwell boasted that "God is pro-war" in the title of an essay he wrote in 2004.

The war sermons rallied the evangelical congregations behind the invasion of Iraq. An astonishing 87 percent of all white evangelical Christians in the United States supported the president's decision in April 2003. Recent polls indicate that 68 percent of white evangelicals continue to support the war. But what surprised me, looking at these sermons nearly three years later, was how little attention they paid to actual Christian moral doctrine. Some tried to square the American invasion with Christian "just war" theory, but such efforts could never quite reckon with the criterion that force must only be used as a last resort. As a result, many ministers dismissed the theory as no longer relevant.

Some preachers tried to link Saddam Hussein with wicked King Nebuchadnezzar of Biblical fame, but these arguments depended on esoteric interpretations of the Old Testament book of II Kings and could not easily be reduced to the kinds of catchy phrases that are projected onto video screens in vast evangelical churches. The single common theme among the war sermons appeared to be this: our president is a real brother in Christ, and because he has discerned that God's will is for our nation to be at war against Iraq, we shall gloriously comply.

Such sentiments are a far cry from those expressed in the Lausanne Covenant of 1974. More than 2,300 evangelical leaders from 150 countries signed that statement, the most significant milestone in the movement's history. Convened by Billy Graham and led by John Stott, the revered Anglican evangelical priest and writer, the signatories affirmed the global character of the church of Jesus Christ and the belief that "the church is the community of God's people rather than an institution, and must not be identified with any particular culture, social or political system, or human ideology."

On this page, David Brooks correctly noted that if evangelicals elected a pope, it would most likely be Mr. Stott, who is the author of more than 40 books on evangelical theology and Christian devotion. Unlike the Pope John Paul II, who said that invading Iraq would violate Catholic moral teaching and threaten "the fate of humanity," or even Pope Benedict XVI, who has said there were "not sufficient reasons to unleash a war against Iraq," Mr. Stott did not speak publicly on the war. But in a recent interview, he shared with me his abiding concerns.

"Privately, in the days preceding the invasion, I had hoped that no action would be taken without United Nations authorization," he told me. "I believed then and now that the American and British governments erred in proceeding without United Nations approval." Reverend Stott referred me to "War and Rumors of War, " a chapter from his 1999 book, "New Issues Facing Christians Today," as the best account of his position. In that essay he wrote that the Christian community's primary mission must be "to hunger for righteousness, to pursue peace, to forbear revenge, to love enemies, in other words, to be marked by the cross."

What will it take for evangelicals in the United States to recognize our mistaken loyalty? We have increasingly isolated ourselves from the shared faith of the global Church, and there is no denying that our Faustian bargain for access and power has undermined the credibility of our moral and evangelistic witness in the world. The Hebrew prophets might call us to repentance, but repentance is a tough demand for a people utterly convinced of their righteousness.

[Charles Marsh, a professor of religion at the University of Virginia, is the author of "The Beloved Community: How Faith Shapes Social Justice, from the Civil Rights Movement to Today."]

Thursday, January 19, 2006

Wolfe on Stark on Christianity and Progress

Not long ago, Michael Perry blogged David Brook's column about Rodney Stark's new book, "The Victory of Reason."  (Phew!)   In the book, Stark argues, in a nutshell, that the West has prospered because of capitalism, and that we have the Catholic Church to thank for it.  Stark also presented this claim in the Chronicle of Higher Education:

[F]rom early days, the church fathers taught that reason was the supreme gift from God and the means to progressively increase understanding of Scripture and revelation. Consequently Christianity was oriented to the future, while the other major religions asserted the superiority of the past. At least in principle, if not always in fact, Christian doctrines could always be modified in the name of progress, as demonstrated by reason. Encouraged by the scholastics and embodied in the great medieval universities founded by the church, faith in the power of reason infused Western culture, stimulating the pursuit of science and the evolution of democratic theory and practice. The rise of capitalism also was a victory for church-inspired reason, since capi-talism is, in essence, the systematic and sustained application of reason to com-merce — something that first took place within the great monastic estates.

During the past century Western intellectuals have been more than willing to trace European imperialism to Christian origins, but they have been entirely un-willing to recognize that Christianity made any contribution (other than intolerance) to the Western capacity to dominate other societies. Rather, the West is said to have surged ahead precisely as it overcame re-ligious barriers to progress, especially those impeding science. Nonsense. The success of the West, including the rise of science, rested entirely on religious foundations, and the people who brought it about were devout Christians. Unfortunately, even many of those historians willing to grant Christianity a role in shaping Western progress have tended to limit themselves to tracing beneficial religious effects of the Protestant Reformation. It is as if the previous 1,500 years of Christianity either were of little matter, or were harmful.

Well, in this review, published in the New Republic, sociologist Alan Wolfe is having none of it.  He really, really . . . hates the book:

"Had the followers of Jesus remained an obscure Jewish sect," concludes Rodney Stark in his new book, "most of you would not have learned to read and the rest of you would be reading from hand-copied scrolls." I had always known that Jesus Christ was a pretty important person, but I had not quite realized that were it not for him, there would be no one to buy Rodney Stark's books.

Jesus, Stark goes on, is responsible for more than liberating us from scrolls; to him goes the credit for all of Western civilization. If he had remained a Jew, we would live in a despotic world bereft of science and reason. Lots of women would die giving birth, and a significant percentage of children would not live past age five. Firmly ensconced in the dark ages, our societies would be horrendous places to inhabit, lacking "universities, banks, factories, eyeglasses, chimneys, and pianos." 

Thought experiments have their place, but Stark's, it must immediately be said, is vile: even the most notorious anti-Semites give Jews credit for the banks.  . . .

The Victory of Reason is the worst book by a social scientist that I have ever read. Stark's methodology has nothing to do with history, or the logic of comparative analysis, or the rigorous testing of hypotheses. Instead he simply makes claims, the more outrageous the better, and dismisses all evidence that runs contrary to his claims as unimportant, and treats anyone with a point of view different from his own as stupid and contemptible, and reduces causation in human affairs to one thing and one thing only. How in the world, I kept asking myself as I read this book, could someone spend so much of his life trying to understand something as important as religion and come away so childish?

I have not read Stark's book (though I have read two of Wolfe's) and so, for all I know, the book is as awful as Wolfe says it is.  But I doubt it.