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, March 6, 2006

Vatican Criticizes U.S. for Guantanamo Detainee Treatment

Vatican raps US treatment of Guantanamo detainees

Catholic World News
March 3, 2006

Mar. 03 (CWNews.com) - A Vatican prelate has criticized American treatment of prisoners at Gauntanamo Bay in Cuba. "It seems clear that human dignity is not being fully respected," said Cardinal Renato Martino (bio - news).

Cardinal Martino, the president of the Pontifical Council for Justice and Peace, spoke to the Italian ANSA news agency after returning from a trip to Cuba, during which he met with Fidel Castro.

For the past 4 years, about 500 prisoners have been detained by American troops at the Guantanamo naval base. These prisoners, most of them captured in Afghanistan or Pakistan, are classified as enemy combatants or suspected terrorists. Their treatment has provoked complaints from human-rights activists. Only a handful have been formally charged with any crime, and the US refuses even to disclose the identities of those being held.

Personal Virtues and Communal Empowerment

As my own previous post indicated, I share some of Rick's reservations about explaining the Christian Right as interested solely in bolstering "personal virtue" and the work of the Church, and not in empowering individuals throughout, and through, the broader community.  But let me partially defend the distinction asserted in the statement by Protestants for the Common Good.  I've sent Prof. Gamwell a link of our discussions, and perhaps he'll want to respond.

Abortion is a clear place where the Christian Right's concern can easily be seen not simply as upholding personal virtue but also as creating and preserving conditions in which all persons, especially the most vulnerable, can flourish.  You can't flourish if you're not alive, and the unborn are extremely vulnerable.  Interpretive charity, at the least, suggests giving credit to pro-life conservatives (or at least many of them) for being concerned with mutuality and community for all on this question.

But there are some counterarguments.  One is that other items in the Christian Right agenda seem pretty unrelated to any goal of reaching out in mutuality to a broad, diverse society.  A prime example, noted by Prof. Gamwell, would be government religion like public school prayers, 10 Commandments displays, etc., which seem relatively self-serving, or at least Christianity-serving in a narrow sense: concerned with asserting Christianity's status rather than with serving others in the name of Christ.  Doesn't the Christian Right's heavy emphasis on these efforts lead others (with some cause) to interpret everything else it does as self-serving too?  Wouldn't dropping these efforts boost the Christian Right's claim to be concerned with justice and empowerment for all people?  (Thought it might also hurt the pocketbook since the prayers and symbols issues are big for direct-mail fund-raising.)

Second, even on abortion, wouldn't pro-life conservatives be more clearly seeking mutuality for all if they more vigorously and unanimously supported the safety net for women in difficult conditions where abortion seems like a necessity?  Now let me add that I know that many pro-life conservatives do things like operate and support crisis pregnancy centers.  But how widespread and deep is such support -- in the real world, again, aren't too many people happy with just restricting abortions?  And given the moral importance of the abortion issue, why aren't more conservatives open to societal safety-net measures as well as private measures like crisis pregnancy centers?  Why, for example, aren't pro-life people across the board pushing for an array of policies to reduce abortions as in the 95-10 Initiative of Democrats for Life?

Finally, the statement by Prof. Gamwell and Protestants for the Common Good does "affirm the importance of personal virtues," but criticizes how for the Christian Right, "these so dominate the things with which politics should be concerned."  The statement has a point here, in that the Christian Right focuses on personal virtue even in its strategies for serving others.  For example, the evangelical social services that now are seeking more government funding tend to assert, in the words of leading proponent Stanley Carlson-Thies, that "truly useful assistance is thoroughly religious: it is transformative, helping people to turn their lives around, and it does not simply dispense benefits because someone is needy."

In other words, Christian conservatives believe that personal virtue is crucial, not just for individuals' spiritual well-being, but also for communal empowerment and social reform.  I think that the Protestants for the Common Good statement tends to overlook that part of what Christian conservatives say.  At the same time, the statement identifies an important issue in asking whether personal virtue is enough.  As Jim Wallis of Sojourners often asks, why can't social-welfare policies emphasize both personal responsibility and a social safety net?  Why does anti-poverty policy often bog down in "either/or" debates rather than pursue "both/and" strategies?

Tom

What's in a name?

What’s in a name?

Over the past several weeks several MOJ contributors have spoken of Catholics in the context of “liberal Catholics.” Yesterday’s Boston Globe had a brief article by Globe columnist Joan Vennochi entitled “Should Liberal Catholics Leave Catholic Church?” HERE These are interesting views, and they have served as a catalyst for thinking about what other Catholics might exist? Of course, an immediate and obvious response is this: “conservative Catholics.” But then, if these modifiers are used, do they fully identify and describe all the categories of Catholics who might exist? Could there be “Maoist Catholics”, “libertarian Catholics”, “fundamentalist Catholics”, “orthodox Catholics”, “reformed Catholics”, “socialist Catholics”, “communitarian Catholics”, etc.? Then I had another question: what do these modifiers really mean, if anything, in the context of whether a person is a Catholic or not.

Ms. Vennochi’s categorization appears to rely on a simple dichotomy, although at one point she suggests that there might be “Neanderthal Catholics” since she asserts “our views [presumably meaning ‘liberal’ as she uses the term] are the enlightened ones” whereas “Rome’s represent the neanderthal.” But this columnist does not explain what the source of her “enlightenment” is that she possesses. While she appears to admit love for the ritual of the Mass, she is skeptical to endorse teachings on issues such as abortion, homosexual marriage and adoption, and married and women priests. She is silent on other Church teachings such as genocide and war, just to mention a few. She mentions nothing about sin, therefore it is not clear whether “liberals”, as she has identified them, believe that sin exists. She does express the opinion that the Church’s hierarchy is “out of touch with ordinary Catholics.” When I am back in the US serving the local church in a variety of states including Massachusetts from where she writes, I do not have this impression since I meet a lot of Catholics (who simply call themselves “ordinary Catholics”) who agree with the Church’s teachings and would not endorse the views of Ms. Vennochi.

Many of these other “ordinary Catholics” exercise, in spite of temptations to sin, extraordinary Christian virtues. One of them is charity. It is difficult to find Ms. Vennochi’s charity, but it might be present somewhere, if not in her article, then perhaps in her heart.

She is correct on one thing when she concludes her column by stating that Rome (presumably meaning Church authorities) does not think “in news cycles”.   RJA sj

Sunday, March 5, 2006

Parental notification laws

Statistics analyzed by The New York Times suggest that parental notification laws may not have much of an impact on abortion rates among teenagers.

Rob

Didn't John Paul II Oppose the American War in Iraq?

Why did he oppose it?  For a partial, visual answer, click here.
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Dr. Gamwell's statement

Thanks to Tom for posting the recent "Statement on the Christian Right" provided by Protestants for the Common Good.  For what it's worth, I do not believe the statement accurately captures either the goals and motivations of the "Christian right" or the realitites of our politics. 

Tom, in his in-text commentary, already captured my primary reservations.  It is simply not plausible to characterize as marginal, personal-virtue issues with which politics should not be so concerned such issues as "abortion," the "discipline of law and order," and "governmental accommodation of religion."  The statement then goes on say that, in "the Christian vision of justice," primacy of place should go to "laws and policies that provide or promote for all the most general conditions through which people are empowered to enhance their communities. Conditions of safety, health, and self-respect; material provision and opportunity for work; education; cultural richness; beauty and integrity in the environment; a favorable pattern of associations, including freedom of association; and a community of democratic rights, including religious freedom — these are the general sources that empower people to achieve, and they are the business of justice."  I do not detect, in these competing lists of things about which Christians really should care, any principle at work other than an effort to put controversial policies that are, I suppose, favored by Republicans on the "Christian right" / personal-virtue side of the ledger.  As Tom points out, it is hard to see how (i) "accommodation of religion" is not an important part of ""religious freedom" or how (ii) protecting the life of unborn children from lethal violence does not fit nicely within an agenda aiming at "conditions of safety, health, and self-respect."

I also do not think -- stereotypes and a few blowhards notwithstanding -- that the concerns the statement identifies with the "Christian right" reflect a view that "political choices should be based on biblical authority" or a practice of advocating "laws and policies solely by appeal to revelation in scripture."

Finally, I wonder what is meant by a "favorable pattern of associations"?  "Favorable" to what?

Saturday, March 4, 2006

"Pro-Life Progressivism" Issue in Print

I've posted before about the University of St. Thomas Law Journal symposium on "The Future of Pro-Life Progressivism" because of its relevance to many of our discussions about Catholic thought, law, and today's sometimes-frustrating political patterns.  The issue is now in print, with contributions (pro and con) from fearless leader Mark Sargent, past MOJer Helen Alvare, periodic MOJ commenter John O'Callaghan, and other worthy souls.  My short foreword is here.  There are extra copies of the issue, so contact me (with your mailing address) if you want one or two, and within reason we can answer such requests.  (If you've already made a request, you're already on the list and should receive it soon.)

Tom

ADDENDUM:  Same issue has an additional collection of papers from a lecture series that Patrick arranged in D.C., including Rick's excellent piece on proselytism and the First Amendment.   

A "Statement on the Christian Right"

The liberal group Protestants for the Common Good has issued a "Statement on the Christian Right," drafted by Chris Gamwell of the University of Chicago Divinity School, a scholar, teacher, and person of great integrity (who I was privileged to have as a teacher).  It offers a theological assessment of what distinguishes the Christian Political Right from (roughly) the Christian Political Left.  While obviously a critique of the Christian Right, it is written with Gamwell's characteristic care and is worth pondering.

A few excerpts follow, with my comments inserted in bold.  I wonder what others think.  Does the statement accurately identify some different theological bases of the Christian political right and left?  Does it mischaracterize the Right, and if so where?  Do its categories apply to Catholics in the political right and left?  What about those Christian political approaches (Catholic and other) that cut across political alignments (e.g. the "consistent ethic of life")?

On the Christian Political Right, the larger social setting is seen as a stage for the church, in which salvation is proclaimed and worked out. This view certainly affirms that the whole creation is God’s, and Christians are to serve the needs of all people. But love for those outside the Christian community cares, above all, that they, too, should accept Jesus as their Lord and become members of the community of believers. Typically, salvation is seen to express itself in a pious life that anticipates and prepares for another world, eternal life in heaven. . . . Thus, the center of moral concern for those who take this view is the Christian community itself, and moral exhortation primarily directs Christians to practices through which the integrity and growth of the church and its members are sustained and pursued. . . .

In line with this view, political activities are chiefly concerned to create a proper background for the practice of “true religion.” A pious life exhibits a certain personal character or certain virtues, those that subdue or conquer temptations to find happiness in the things of this world. For those on the Christian Right, our society is hostile to such virtues, being so pervasively corrupted by secularism and its permissive sanction for life aimed at satisfying worldly wants. . . .

This is why political purposes of the Christian Right concentrate almost entirely on so-called traditional values, which include virtues of family commitment and sexual control, taking responsibility for oneself, readiness to work with diligence, obedience to the law and local mores, charity toward the victim of misfortune, and religious piety itself. We, too, wish to affirm the importance of personal virtues. Our basic disagreement comes because, for the Christian Right, these so dominate the things with which politics should be concerned. Guided by this concentration, the political agenda of this movement is centered on issues such as abortion, same-sex relationships, educational curriculum, prayer in the public schools, the discipline of law and order, and governmental accommodation of religion. [But some of the listed agenda items, especially the anti-abortion position, involve matters not only of "personal virtue" but of justice for the broadest human community, the alternative Christian emphasis that Prof. Gamwell commends below. Moreover, one example of "accommodation of religion" is the push for the "faith-based initiative," which likewise seeks to serve others but asserts that they will be best served through programs involving conversion of heart and personal responsibility.]  . . .

Protestants for the Common Good presents a different understanding of the New Testament witness: The church has its distinctive importance as a servant to God’s will for the inclusive human community and, therefore, is not itself the center of moral concern. The God whom we experience through Jesus loves all the world, and God’s purpose calls all humans to accept God’s love as their only ultimate assurance. Salvation is this acceptance and expresses itself by loving all others as oneself.  This is the fundamental commandment for all humans, encompassing all other moral responsibilities, and every person is the neighbor for each of us. . . . The church, therefore, is commisioned to proclaim the decisive revelation of God's love through Jesus Christ and to pursue among all people a beloved community. . . . 

Mutuality, then, is the purpose of the whole human community, stretching from family and friendship to the widest social and political forms. . . . Politics is concerned with the most general context of mutuality. Principles of justice assign to politics its part in the community of love. The Christian vision of justice, therefore, includes laws and policies that provide or promote for all the most general conditions through which people are empowered to enhance their communities. Conditions of safety, health, and self-respect; material provision and opportunity for work; education; cultural richness; beauty and integrity in the environment; a favorable pattern of associations, including freedom of association; and a community of democratic rights, including religious freedom — these are the general sources that empower people to achieve, and they are the business of justice. . . .

Focus by the Christian Political Right on the personal character of individuals as if the communal sources of empowerment do not matter violates the community of love and distorts the gift and demand of God’s love revealed through Jesus Christ. The result is a callous neglect of social and political inequities and the suffering they cause, as well as the loss to our common life when human potential is denied just access to conditions of achievement. [Again, the distinction between "personal character" and communal empowerment may be overdrawn, since the former may be essential to the latter's effectiveness; though I agree that the possibility for emplowerment from the broader society can get ignored too easily.] On the Christian Right, moreover, concern focused on private virtue has too often led to narrow and rigid ideas of morality and thus a call for government to impose parochial standards of behavior that stigmatize

Beyond this, there is a threat to democracy itself. Seeing the world as background for the church, many on the Christian Right believe that political choices should be based on biblical authority and advocate laws and policies solely by appeal to revelation in scripture. [I don't think this is true of thoughtful Christian conservatives -- as opposed to perhaps some loud voices -- any more than thoughtful Christian liberals believe in "anything goes" or "follow whatever is the world's new fad."] But government by the people means government by all the people, so that laws and policies should be decided through full and free discussion and debate. The assertion of religious authority as the sole basis for those decisions is incompatible with both democracy and Christian commitment. [Presumably, this includes appeals to magisterial authority as well to scripture.] . . . [By contrast,] we embrace the democratic discussion and debate and believe that our vision of the beloved human community, derived from our experience of Jesus, can appeal to reasons grounded in common human experience. [Again, on many issues, such as abortion and same-sex marriage, the Christian Right can and does appeal to common human experience -- whether or not one thinks the particular arguments are convincing.] . . .

We [a]gree with many on the Christian Right for whom [an] idolatry [of materialism] is hostile to important private virtues. With them, we affirm the need for personal character because mutuality is gravely threatened when dedication to intimate relationships, taking responsibility where one can, and charity for those who suffer are widely missing. But the true ideal is not, as the Christian Political Right believes, a common life in which private morality is sufficient. We are called to maximize the common good because God wills the highest happiness for all through a human community of love and the requisite virtues include a passion for justice.

The vision Prof. Gamwell articulates shares some features with a model that I've argued has characterized recent theories of mission in mainline Protestantism:  the ideal of a "Servant Church" serving the broader world.  (As he puts it, the broader community, not the church itself, is the focus of moral concern.)  I've argued that the "servant church" aspect of that ideal is extremely attractive, but that Christian conservatives (Protestant and Catholic) can be promoting the "servant church" ideal too, and that mainline churches, in providing their service to the broader world, can get way too sanguine about accepting the methods and parameters of that world.

Tom

Wieseltier on Dennett con't ...

New York Times
March 5, 2006

In the Blogs

Responses to the Review of 'Breaking the Spell'
By JENNIFER SCHUESSLER

In this week's Book Review, philosopher Daniel Dennett writes to protest Leon Wieseltier's strongly critical review of his book "Breaking the Spell: Religion as a Natural Phenomenon," in which Dennett uses evolutionary theory to explain how religious belief took root in the human mind, how it evolved, whether it's really good for us, and if it isn't how we can get rid of it. But Wieseltier's review also prompted heated conversation in the blogosphere, with one blogger calling it "a kind of political/theological Rorschach test" in a time of passionate debate over the proper relationship between science and religion.

At Leiter Reports, University of Texas philosophy professor Brian Leiter challenges Wieseltier's "sneering" dismissal of the idea that science can shed some light on all aspects of human life. "'The view that science can explain all human conditions and expressions, mental as well as physical' is not a 'superstition' but a reasonable methodological posture to adopt based on the actual evidence, that is, based on the actual expanding success of the sciences . . . during the last hundred years," writes Leiter.

Silly Humans, Three Quarks Daily and The Secular Outpost offer more criticism in the same vein, with Silly Humans taking aim in particular at Wieseltier's accusations that Dennett is guilty of "scientism." "Scientism," writes Silly Humans' Michael Bains, is "the ultimate meme. It is insanely inane since it ignores the fact that Science is only a method for revealing the material workings of reality. Since it misdefines what science is, it says absolutely nothing about it." While generally sympathetic to Dennett, Chris Mooney at the Intersection takes issue with some of Dennett's own language, in particular his "unfortunate idea" of labeling religious nonbelievers "brights," which he floated in an op-ed in the Times in 2003.

Wieseltier finds some strong defenders at National Review Online's The Corner, though opinion is hardly unanimous. Meanwhile over at Right Reason ("the Weblog for Philosophical Conservatism"), Steve Burton "reluctantly" offers "one cheer" for Dennett. "While it's true that an evolutionary account of the origin of a belief cannot, strictly speaking, refute that belief," he writes, "it can still prove deeply disillusioning. And I think that's all Dennett is going for here." So why only one cheer? Once the Judeo-Christian foundations of values like democracy, justice and love wither away, Burton writes, the evolutionary foundation that Dennett and others propose may just wither away as well. "I fear that in Darwinist hands these ideals will come off looking like the merest tissue of fraud and delusion."

Unsurprisingly, the review drew the interest of partisans in the ongoing battle over Intelligent Design. At Intelligent Design the Future, a blog by Michael Behe, William Dembski and other supporters of Intelligent Design, Jonathan Witt cites Wieseltier's review with apparent approval, though he criticizes the Times more generally for being "under a Darwin spell." Meanwhile, various bloggers are buzzing about a testy email exchange last month between Dennett and Michael Ruse, a fellow Darwinian who has been strongly critical of Dennett and others he sees as being needlessly antagonistic toward religion. In the exchange (which Ruse forwarded to William Dembski), Dennett wonders whether the Book Review is "under the spell of the Darwin dreaders," adding "I'm afraid you are being enlisted on the side of the forces of darkness." Ruse counters that Dennett and zoologist Richard Dawkins, another forceful critic of religion, are "absolute disasters in the fight against intelligent design," a battle he says the Darwinians are "losing." Stay tuned for the next round of debate in September, when Dawkins publishes his own book on religion, "The God Delusion."
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The (Further) Eroding Moral Marketplace

My opposition to a pharmacist's right of conscience is grounded, in significant part, on my desire to maintain a vibrant "moral marketplace" in which pharmacies can serve as limited mediating structures, carving out their own identities on contested moral issues, e.g. whether or not to offer Plan B and whether or not to honor a pharmacist's own claim of conscience absent a legal mandate.  The reality of a moral marketplace presumes, of course, that the government will allow it to exist.  That appears increasingly in doubt, as evidenced by Wal-Mart's announcement yesterday that it would, under pressure from various state governments, reverse its corporate policy and begin selling Plan B at all of its pharmacies nationwide.  Wal-Mart indicated that it would allow individual pharmacists to refuse to dispense Plan B, subject to their willingness to refer the customer elsewhere.  NARAL immediately objected even to this loophole, contending that this limited pharmacist opt-out "really does leave the door open for women to lose access."

Rob