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.

Sunday, February 5, 2006

Eden and Evolution

Today's Washington Post includes a long essay, by Shankar Vedantam, called "Eden and Evolution."  Although, in a sense, it adds nothing new to the intelligent design / "what does evolution mean for faith" discussion, it's still an interesting read, includes outtakes from interviews with Richard Dawkins and John Haught, etc.  However, one particular observation in the piece caught my eye:

Lancaster University historian Thomas Dixon noted that the modern debate over intelligent design -- largely an American phenomenon -- is really about neither science nor religion, but the American constitution, which has kept religion out of schools. The intelligent design movement, he said, is simply a reaction to this prohibition, which does not exist in Britain.

Given that so many scientists and religious people believe the theory does disservice to both science and religion, Dixon said, "a solution to this may be to have schools teach religion. Let them teach Christianity and everything else. It may be a complete and utter revolution in American history, but I'm saying it's a good idea."

"Fundamentalism" and cartoons

The "Get Religion" blog has a post providing a detailed discussion of the Danish cartoons depicting Muhammad, and also of the media's coverage of them and the reaction to them.  In particular, the blog discusses a recent essay in the Washington Post, "Clash Over Cartoons is a Caricature of Civilization," by Phillip Endicott, who writes:

No serious American newspaper would commission images of Jesus that were solely designed to offend Christians. And if one did, the reaction would be swift and certain. Politicians would take to the floors of Congress and call down thunder on the malefactors. Some Christians would react with fury and boycotts and flaming e-mails that couldn't be printed in a family newspaper; others would react with sadness, prayer and earnest letters to the editor. There would be mayhem, though it is unlikely that semiautomatic weapons would be brandished in the streets. Fortunately, it's not likely to happen, because good newspapers are governed, in their use of images, by the basic principle of news value.

When those now-infamous 12 cartoons of the prophet Muhammad were first published in Denmark, they had virtually no news value at all. They were created as a provocation -- Islam generally forbids the making of images of its highest prophet -- in a conservative newspaper, which wanted to make a point about freedom of speech in liberal, secular Western democracy. Depending on your point of view, it was a stick in the eye meant to provoke debate, or just a stick in the eye.

It is not clear to me that the cartoons at issue were any more provocative -- and intentionally so -- than ones that appear in American newspapers all the time.  He continues:

Religious fundamentalism forced the issue; political fundamentalism inflamed it. An apology for giving offense is now capitulation to religious tyranny; the basic instinct of moderation is equated with cowardice. A little ink on paper is inflated to proof of a basic cultural incompatibility. So political leaders here speak of "the long war," a conflict with no sign of hope on the horizon between East and West. Now, rather absurdly, these cartoons may become part of the intellectual hardening of thought that will sustain the idea, on both sides of the cultural divide.

Gravity helps those who push people to conflict; moderation is a Sisyphean task that must always work uphill. Americans can do very little, and are in fact obliged to do nothing, about Muslim societies that don't respect the Western values of tolerance and freedom. They are obliged only to sustain religious tolerance in their own. Moderation, in this case, doesn't mean compromising on the defense of basic freedoms; it means demonstrating the exuberant value of freedom in a secular society. We need more blasphemy, exactly the sort of blasphemy that most challenges our own religious sensitivities. It needn't come in the form of tasteless cartoons but in the return of voices like those of Mark Twain and H.L. Mencken, voices that puncture the pretensions and sanctity of our own religious beliefs and leaders. We may cluck about the lack of freedom in Iran, but we have grown very orthodox about the way we speak of religion in our own public square. The curious thing about sacrilege is that it very often strengthens true religion as much as it reaffirms the right to challenge it.

I'm all for Mark Twain and tweaking orthodoxy, but is Endicott serious?  Is it possible that he thinks that "we have grown very orthodox about the way we speak of religion in our own public square" in a way that is even remotely analogous to the widespread reactions to the cartoons depicting Muhammad?  When an American paper runs -- as they regularly do -- a sharply critical or mocking cartoon regarding the Roman Catholic Church and the wrongs done by its members, does anyone expect the Secretary General of the U.N. to protest?

Saturday, February 4, 2006

From the Mouths of Rock Stars . . .

In commemorating MoJ's second anniversary, Mark asked how we're doing regarding our objective of developing a Catholic legal theory and where we need to go next.  That reminded me of a recent email I received from a law prof friend of mine who regularly reads MoJ even though he is not at all religious.  He wondered why, since we're rooted in a Christian worldview, we don't talk about social justice more.  I believe that much of our conversation on MoJ is driven by social justice broadly conceived, but as for specifically poverty-centered issues, my friend is probably right that we could do more.  On that theme, here is Bono's speech to the National Prayer Breakfast, which just happened to occur on our second anniversary.  (And no, I do not believe that Catholic legal theorists need to resort to rock stars for a coherent message on poverty, but the speech is worth reading nonetheless.)

Rob

Neuhaus: Catholic Matters

Fr. Richard J. Neuhaus has a new book, out soon:  "Catholic Matters:  Confusion, Controversy, and the Splendor of Truth."  Here's the blurb from Publishers Weekly:

Readers acquainted with Neuhaus's previous books and his work with the magazine First Things will be most interested in this latest tome on the state of the Catholic Church. A former Lutheran pastor who became Catholic in 1990 and a priest in 1991, Neuhaus has emerged as a leading voice among those considered to be faithful to the Church's Magisterium, or teaching authority. Here, Neuhaus challenges the oft-heard statement, "Yes, I am a Catholic, but I think for myself," explaining how fidelity to the church begins with thinking for oneself so one can think with the church. He expands on this by exploring the role of conscience, drawing a distinction between doing what one wants and discerning and acting upon the truth. Neuhaus also discusses the church's authority, emphasizing that it is never invoked to require people to believe what is false. Other topics include the eerily prophetic Humanae Vitae, the 1968 papal encyclical on artificial contraception; the loss of Catholic identity when Friday abstinence from meat faded from practice; and how news reporting on the Second Vatican Council shaped its meaning for many American Catholics. Neuhaus devotees and others interested in the issues he raises will find here a thoughtful exposition of Catholicism's present moment. (Mar.)

Request for help ...

A law student (Catholic) has sent me a bibliographic inquiry:

"Do you know of any good articles pertaining to the Doctrine of Double Effect?  I have Aquinas, but I was wondering if you knew any specifically relating to abortion (or even capital punishment).

Do you know where I can find the Catholic Church's position on the "life of the mother" issue in abortion?  I remember reading that they have allowed for exceptions in ectopic pregnancies and cancer, but do you know where I can get an official statement (if any) or any discussion on the Catholic position?"

So:  Can anyone out there help by recommending one or more especially good--and accessible--discussions of the Doctrine of Double Effect?  Or one or more good/accessible discussions of the DDE as it relates to abortion and/or capital punishment?

My e-mail:  [email protected]

Thanks very much.
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JACQUES MARITAIN

There is a very interesting book review in the 1/30/06 issue of The New Republic--a book review about Jacques Maritain.  (If anyone reading this post can get and send me an electronic version, I'd appreciate it:  [email protected].)  If you don't know about Maritain--indeed, even if you do--do yourself a favor and read the review.  The scene at the end of the review, which takes place in 1966 at the Abbey of Our Lady of Gethsemane (Kentucky), and involves Maritain, Thomas Merton, and Bob Dylan, is precious.

Joseph Frank, Medieval Modernism, TNR, Jan. 30, 2006, pp. 24-29.
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Friday, February 3, 2006

DIETRICH BONHOEFFER AT 100

Religion and Ethics Newsweekly  [PBS]
February 3, 2006

Dietrich Bonhoeffer
Episode no. 923

BOB ABERNETHY, anchor: This weekend will be the 100th anniversary of the birth of Dietrich Bonhoeffer, the German theologian put to death by the Nazis, whose writings and life made him a modern martyr. In the U.S. and Europe there will be observances in his honor, among them a documentary on Bonhoeffer to run on most PBS stations February 6. We have some images from that program.

Bonhoeffer was raised in a distinguished but not particularly religious family said to have been surprised by his decision to study theology. He was brilliant, getting his doctorate at age 21. Then he spent a year at Union Theological Seminary in New York. He studied ethics under Reinhold Niebuhr and also discovered the fervor and social consciousness of Harlem's Abysssian Baptist Church, where he taught Sunday school.

Christianity, Bonhoeffer came to believe, meant not just professing faith but really putting into practice Jesus' teachings in the Sermon on the Mount. When Bonhoeffer returned to Germany in the early 1930s, his convictions were tested dramatically. Adolph Hitler and the Nazis were just coming to power. What should Bonhoeffer do about them? He spoke out, urging his fellow Lutherans to reject as idolatry the Nazi claim that the Fuehrer and the state deserved allegiance above that owed to God.

Bonhoeffer also condemned Nazi persecution of the Jews, urging the Christian Church to stand with the Jews and all victims. He also helped some Jews escape.

By the late 1930s, Bonhoeffer realized that, for him, even though he respected pacifism and nonviolence in principle, Hitler's war-making and injustice required resistance. A Christian must act, he insisted, so he joined a conspiracy to oppose Hitler. It seemed a lesser evil than doing nothing.

Bonhoeffer became part of a resistance cell inside German military intelligence. On trips abroad, he tried to get Allied support for the German resistance, but he was not successful. In 1943, Bonhoeffer's fellow resisters tried to kill Hitler but failed. The Gestapo identified Bonhoeffer as part of the plot, arrested him, and sent him to prison.

Earlier, in a widely influential book, THE COST OF DISCIPLESHIP, Bonhoeffer had condemned what he called cheap grace -- accepting God's love without cost. At the same time, he extolled costly grace -- grace that requires radical obedience, even the willingness to die for one's beliefs, which Bonhoeffer did.

Less than a month before the war in Europe ended, the Nazis moved him from prison to a concentration camp and hanged him on April 9, 1945. He was 39 years old.

Some Christian pacifists say Bonhoeffer was wrong to resist evil with violence, but for millions of other Christians, Bonhoffer became an inspiring symbol of what it can mean, in times of crisis and every day, to practice what you preach.
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"Strong faith" and the work of a judge

Here is an op-ed worth reading, "Strong Faith does not hinder a judge's work," from the Mobile Register, commenting on a recent speech, delivered here at Notre Dame, by Judge William Pryor, whose nomination "was the subject of heated debate specifically concerning whether his 'deeply held' Catholic beliefs would get in the way of his ability to neutrally interpret the laws of the land":

The very question is obnoxious, and it should have been put to rest at the same time similar questions about a president's faith were put to rest by the election of the Catholic John F. Kennedy.

But Judge Pryor, to his credit, dissected the issue in his speech with thoughtfulness and erudition. In light of the continuing and ill-considered questions that keep arising on the subject, his main points deserve attention.

The overarching message of the speech was that the whole idea of a tension between faith and judicial duty is not only overblown, but mistaken. Judge Pryor said that the truth is just the opposite: that a Catholic's faith requires a particularly strong fidelity to the nation's Constitution and laws.

Not only does a Catholic judge not need to choose between faith and his judicial duty, but a violation of the latter would be a violation of the former as well.

Why? Because his oath of office, sworn with his hand on the Bible while saying "so help me God," requires that he perform his duties defined "under the Constitution and laws of the United States."

There's more, about "complicity with evil," the possibility of recusal, etc.

"Believing in Doubt"

Austin Dacey has an op-ed, "Believing in Doubt", about Deus caritas in the New York Times.  The piece is certainly respectful and civil -- not at all a screed or Dowd-esque hack-job (we can overlook the author's use of worn-out cliches about the "enforcer") -- but I wonder if the author has misunderstood PB16's claim and new document?  (Or, perhaps, he wrote an op-ed in response to something else he understands the Pope to have said, at another time, and the new document simply provides a good occasion for getting into the Times.)  The author writes:

The pope has used the term "relativism" to describe not only non-absolute standards, but also uncertain ones. The alternative to certainty, however, is not nihilism but the recognition of fallibility, the idea that even a very reasonable belief is not beyond question. If that's all relativism means, then it is hardly the enemy of truth or morality.

I'm not sure where the Pope has so used the term "relativism"; in any event, I would be very surprised if either Cardinal Ratzinger or Pope Benedict XVI doubts or ever denied that, on all kinds of matters and in all kinds of situations, it is certainly the case that there is room, between "nihilism" and "absolut[ism]", for "recognition of fallibility."  Dacey writes:

The important contrast is not between absolutism and relativism, as the pontiff would have it, but between secular values and their traditional religious alternatives. He can accuse secularists of believing in the wrong things. But that's not the same as believing in nothing.

Again, I wonder if Dacey is talking past the Pope.  It seems to me that nothing in this Pope's complaints about the "dictatorship of relativism" suggested that, in every situation, the relevant moral norms are absolute, or that the application of the relevant norms is easy, or that living well does not require living with doubt and close-calls.  Obviously, the Pope knows that many of today's secular liberals believe in something.  His worry, maybe, is that they believe in stuff like the "mystery passage."

UPDATE: Be sure to read Fr. Lorenzo Albacete's reflection, "For the Love of God," also in the Times, on Deus caritas.

Teasing Michael

Sorry, Michael:  I don't know why Justice Alito voted as he did, and don't know the correct interpretation of his vote!  (My guess:  He didn't think he'd had enough time with the case to justify overturning the lower-court's stay.)  But, I'm pretty confident I know some wrongs ones (e.g., that the vote reflects some meaningful space between Alito and the other "conservative" Justices on the role of the Supreme Court in reviewing death-penalty cases).  Error is easier to find than truth, maybe?  =-)

UPDATE:  Here are some thoughts from my friends at Prawfsblawg.