The NYTimes reports the latest on (what we assume will be) the Casey/Santorum Senate race.
Tom
Sunday, April 23, 2006
The NYTimes reports the latest on (what we assume will be) the Casey/Santorum Senate race.
Tom
Howard Bashman reports:
"This case concerns whether a religious student organization may compel a public university law school to fund its activities and to allow the group to use the school's name and facilities even though the organization admittedly discriminates in the selection of its members and officers on the basis of religion and sexual orientation." Today the U.S. District Court for the Northern District of California answered "no" in a lawsuit brought by the Christian Legal Society Chapter of University of California, Hastings College of the Law. You can access today's ruling at this link. Some additional background about the case can be accessed here.
I continue to believe that it is not helpful to characterize as "discrimination" the Christian Legal Society's practice of requiring that its leaders be Christian.
Here is a review of John Kekes's new book, "The Roots of Evil."
John Kekes's aptly titled book endeavors to identify why moral evil occurs and what (if anything) can be done to lessen its occurrence. Arguing that evil results from combinations of propensities natural to human beings and external conditions that encourage or allow such propensities to operate unchecked, he maintains that a realistic understanding of evil leads us to see that, while endeavoring to eliminate it would be fatuous, we can and should take steps that should lower its incidence.
This is a great. Check out these maps, of "religion in America." Fascinating.
A few weeks ago, I blogged about an interesting essay by Paul Grenier and Tim Patitsas called "The Liturgy of the City Street." "Why are good cities such a rarity in America?", they ask. "Why are so many of our cities and towns lifeless and ugly—and hard to love? What are they missing? It’s the spirit of the liturgy." They ask:
Why is it that despite all this well-financed New Urbanism, we still have practically no cities in the United States that rival in their humanity even an average small town in Mexico or Macedonia, to say nothing of a Paris or a Prague? Why is it that the more money we throw at building 'traditional' new 'developments', the more banal and pointless they become?
The problem is not with Jacobs' and Alexander's ideas, which are profound. The problem is the superficial way in which developers and city planners understood and implemented them. Not surprisingly, they acted on the ideas that were most easily absorbed into the logic of "free market" real estate development. The problem is, it's this same logic that's hostile to the entire spirit of Jacobs' and Alexander's recommendations.
Exactly what is that spirit? It's the spirit of the liturgy. . .
In response, MOJ-friend Philip Bess writes:
I read and enjoyed the Grenier / Patitsas essay, and even forwarded it around to various colleagues and New Urbanist listservs; to which I got virtually zero response, about which I speculate a little below. In my reading of the essay there are two basic theses: 1) that the organization of economic life in modern societies works against the creation of good urbanism, insofar as modern capitalism commodifies built environments what were once made by communities. [I'm no Marxist---indeed, I'm a culturally-constrained-free-market kind of guy---but it's hard to deny Marx' claim that:
The bourgeoisie has stripped of its halo every occupation hitherto honored and looked up to with reverent awe. It has converted the physician, the lawyer, the priest, the poet, the man of science, into its paid wage laborers. The bourgeoisie cannot exist without constantly revolutionizing the instruments of production, and thereby the relations of production, and with them the whole relations of society. . . . Constant revolutionizing of production, uninterrupted disturbance of all social conditions, everlasting uncertainty and agitation distinguish the bourgeois epoch from all earlier ones. All fixed, fast-frozen relations, with their train of ancient and venerable prejudices and opinions are swept away, all new-formed [human relations] become antiquated before they can ossify. All that is solid melts into air, all that is holy is profaned. . . . The need of a constantly expanding market for its products chases the bourgeoisie over the whole surface of the globe. It must nestle everywhere, settle everywhere, establish connections everywhere.
2) what's missing from the attempts of even neo-traditionalist urbanists such as the CNU is "the spirit of the liturgy," of which the essay provides an alleged example in what sounds in fact like a not-so great urban environment formally speaking, i.e., the old suburban mall being demolished in favor of a new (and allegedly New Urbanist) development. In spite of the essay's entirely fitting invocation of Jane Jacobs and Christopher Alexander, and its acknowledgment of the time factor in urbanism, most New Urbanists I know would be put off by being *identified* with chain retail stores (though there is debate among New Urbanists about the merits of the global economy); but above all would be put off by and / or fail to understand the idea of "the spirit of the liturgy"---notwithstanding that I suspect many New Urbanists would indeed be sympathetic with the ideas of a different sense of time and purpose that the authors ascribe to liturgical sensibilities. I myself think that "sacramental sensibility" rather than "the spirit of the liturgy"---because the former, though Catholic, is less exclusively Catholic than the latter---more aptly describes what the authors are getting at (though I suspect we are talking about the same thing). But I suspect neither term is going to have much cache among New Urbanists, notwithstanding that such language does, I think, describe *precisely* the sensibility New Urbanists seek but lack the shared vocabulary to describe.
To me the irony is that New Urbanists imagine, mistakenly, that the City is more universal than the Church; when in fact the Church is rather a different and more universal and inclusive kind of City. But that is a theological proposition, one that few New Urbanists have time or inclination to consider, notwithstanding that I do believe that the kinds of places that inspire New Urbanists, and the telos at which New Urbanists aim, are precisely those sacramentally-charged "holy" places imbued with what Christopher Alexander has aptly characterized as "the quality that has no name." In fact however, that quality---though mysterious--- *does* have a name, at least among Catholics---and when western culture was more Catholic, western cities possessed more of that Quality. That Quality is a sense of the sacred, the presence of holiness, which in the Catholic Christian understanding is the presence of love.
[For B-16's latest meditations on God and love, see: http://www.vatican.va/holy_father/benedict_xvi/encyclicals/documents/ hf_ben-xvi_enc_20051225_deus-caritas-est_en.html ]
On the one hand therefore, it is just this quality of love---of an environment which is self-evidently a product of people who love it---that I presume is characteristic of the suburban Italian restaurant the passing of which the authors lament, and that made this restaurant such a great place---even if (as I suspect) the mall in which it was located was not. At the same time, it is likewise characteristic of good urban environments that they become that way *precisely* because they have been and are loved by persons and communities who love them enough to want them to be beautiful. And while the market can and does place a cash value on the urban products of loving sensibilities, the sensibility itself is not something that the market by itself can produce. Most New Urbanists I know do in fact understand this. What I fear we do not understand generally is that love is of God; and that, in the words of TS Eliot, "There is not life that is not lived in community, and no community not lived in praise of God."
A few weeks ago, a MOJ reader sent in these thoughts, which I think are worth raising for the group:
Although I have seen them referenced in the blog, I don't think you all have had a discussion on a Catholic law school's law review, in and of itself, have you? Since I have seen law reviews referenced in cases, in legislation, and in forums and blogs, it strikes me that this is one way that a Catholic law school truly outreaches to the legal community, and makes it voice heard. As such, it can attempt to be a medium of constructive change and emphasis on human dignity, or (as I have seen happen), by preferring the famous to the Catholic, a negation of anything truly Catholic in operation.
Thoughts?
Saturday, April 22, 2006
"Subsidiarity, Federalism and the Best Constitution: Thomas
Aquinas on City, Province and Empire"
Law and Philosophy, Forthcoming
Contact: NICHOLAS ARONEY
TC Beirne School of Law
Email: [email protected]
Auth-Page: http://ssrn.com/author=89918
Full Text: http://ssrn.com/abstract=890811
This article closely examines the way in which Thomas Aquinas
understood the relationship between the various forms of human
community. The article focuses on Aquinas's theory of law and
politics and, in particular, on his use of "political"
categories, such as city, province and empire, together with the
associated concepts of kingdom and nation, as well as various
"social" groupings, such as household, clan and village,
alongside of the distinctly "ecclesiastical" categories of
parish, diocese and universal church.
The analysis of these categories is used in the article to help
explain Aquinas's role in the development of theories about
subsidiarity, federalism and mixed constitutionalism. In the
first place, it is argued that a close inquiry into Aquinas's
discussion of the many and various forms of human community sheds
light on the origins and development of the idea of subsidiarity
within Catholic social teaching. Second, while Aquinas certainly
did not advance a theory of federalism as that idea is presently
understood, it is argued that recovering what Aquinas had to say
about the categories of human community helps us to understand
the origin and later development of federal ideas. Finally, it is
argued that far from endorsing a system of absolute monarchy as
is sometimes alleged, when understood in this way, Aquinas
supported a particular kind of mixed constitution in which
monarchy is "tempered" by a variety of constitutional constraints
founded upon a conception of the body politic as itself
constructed out of a plurality of smaller, intermediate
corporations and communities of a political, ecclesiastical and
social character.
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mp
Friday, April 21, 2006
A former student of mine at Wake Forest University School of Law (where I taught from 1997-2003), Shannon Gilreath, has just published a book that may be of interest to some MOJ-readers. Shannon, who is gay, is a convert to (Roman) Catholicism. The title of the book: Sexual Politics: The Gay Person in American Today (2006). To learn more about the book, click here: Shannon Gilreath.
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mp
In this week’s The Word from Rome column, John Allen includes an interesting report of L'espresso magazines exchange between Dr. Ignazio Marino, an Italian transplant surgeon at Thomas Jefferson University Hospital in Philadelphia and Cardinal Carlo Maria Martini, the former archbishop of Milan. Several of the issues tie into our recent discussions about the move from clear moral prohibitions into the the complexities of forming public policy. The excerpts cover artificial reproduction and embryo adoption - here are a few excerpts on abortion:
On abortion, Martini firmly upheld the moral teaching of the church, but acknowledged the complexity of writing it into public policy. "It seems to me difficult [to imagine] that, in situations like ours, the state would not distinguish between acts that are punishable in a penal fashion, and acts for which a penal solution doesn't make sense," he said. "That doesn't mean a 'license to kill,' but that the state doesn't intervene in every possible case. Its efforts should be to reduce the number of abortions, to impede them with every means possible (above all after a certain period from the beginning of the pregnancy), to reduce the causes of abortion, and to take precautions so that women who decide to take this step, especially during the period when it's not illegal, do not suffer grave physical damage or have their lives placed at risk."
Martini noted that the risk of serious physical injury is especially grave in the case of clandestine abortions, and hence said that, all things considered, Italy's abortion law -- which permits abortion during the first trimester -- has had the positive effect of "contributing to the reduction and, eventually, elimination" of back-alley procedures.
In a case in which a fetus threatens the life of the mother, Martini said "moral theology has always sustained the principle of legitimate defense and of lesser evil," in order to justify a procedure that would save the life of the mother while terminating the pregnancy.
And excerpts which tie into our discussion on the use of condoms to combat the spread of HIV/AIDS:
Similarly, asked about the use of condoms to combat the spread of HIV/AIDS, Martini responded: "Certainly the use of prophylactics can, in some situations, constitute a lesser evil," mentioning the case of a couple where one partner is infected and the other isn't.
The problem, Martini said, isn't really the ethical analysis. The problem is the PR headaches that follow whenever a church official says this out loud. To put it bluntly, anytime a senior church official says that use of a condom might be a "lesser evil" in the context of a deadly disease, the next day's headlines trumpet "Church okay with condoms," which is not the same message.
"The question is really if it's wise for religious authorities to propagandize in favor of this method of defense [from HIV/AIDS], almost implying that other morally sustainable means, including abstinence, are put on a lower level," Martini said. "The principle of a 'lesser evil,' applicable in all the cases covered by ethical doctrine, is one thing; another thing is who ought to express these judgments publicly."
In upholding the moral tolerability of condoms as a "lesser evil" in the context of HIV/AIDS, Martini joins Cardinal George Cottier, theologian of the Papal Household under John Paul II; Cardinal Godfriend Danneels of Belgium; Cardinal Javier Lozano Barragan, President of the Pontifical Council for Pastoral Health; Cardinal Cormac Muphy-O'Connor of Westminster, England; and Bishop Kevin Dowling of South Africa.
In 2004, the Indian bishops launched an awareness campaign about HIV/AIDS that includes information on condoms, and in 2005, a spokesperson for the Spanish bishops said that condoms might be justified in some circumstances to combat the disease.
Msgr. Angel Rodriguez Luño, an Opus Dei priest, a professor at Santa Croce University in Rome and a consultor for the Congregation for the Doctrine of the Faith, has said there's actually not much debate over the theology; most moralists, he said, believe the argument for condoms as a lesser evil is fairly clear. The question is how to explain that conclusion in a way that doesn't seem to offer a free pass for irresponsible sexual behavior.
"The problem is, anytime we try to give a nuanced response, we see headlines that say, 'Vatican approves condoms,' Rodriguez Luño told The Washington Post Jan. 23, 2005.
"The issue is more complicated than that. From a moral point of view, we cannot condone contraception. We cannot tell a classroom of 16-year-olds they should use condoms. But if we are dealing with someone or a situation in which persons are clearly going to act in harmful ways, a prostitute who is going to continue her activities, then one might say, 'Stop. But if you are not going to, at least do this.'"
Below is a self-explanatory request for volunteers. I've worked with Dan for over 30 years and can vouch for his prudence and effectiveness. You would not be wasting your time if you were to take up his offer.
The Latin American Alliance Caracas , Venezuela US The Legal Committee evaluates the legal situation in Latin America The Legal Committee’s most recent action was to request and facilitate amicus briefs from US experts for presentation to the Colombia Colombia US One of our current needs is to add one or two lawyers or law professors with bi-lingual ability to our committee. The current make-up of the committee has about seven US This is a volunteer position. For more information, please contact me (Dan Zeidler, ALAFA representative in the U.S. Thank you.
Dan Zeidler