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.

Saturday, September 16, 2006

The Democrats' abortion proposal / Casey's speech

Eduardo posted the news of the Democrats' planned proposal to reduce the number of abortions through "such preventive measures as funding for contraceptives and expanded sex education geared toward avoiding pregnancy as well as support for adoption and services to new mothers[.]"  (That is, their proposal to appeal to "values voters" by re-packaging longstanding policy goals as efforts to reduce the number of abortions).  He continues:

Let's also assume that these proposals by the Democrats would cause a substantial drop in the actual number of abortions. 

With all due respect, I see no reason why we should make this assumption.  And, there is, in my view, no reason to assume that this proposal would reduce abortions more than would, say, the Republican goal of (a) returning the matter of abortion regulation to the political process, with a view toward (b) regulating the practice of abortion to a greater extent than the Court, at present, permits. 

It strikes me, also, that Eduardo's thought experiment needs to be revised, to factor in the fact that this proposal is (see Patrick's post) part of an overall program of (a) public funding for many abortions; (b) opposing any judicial nominees who might permit even moderate regulation of abortion; (c) opposing even those minor regulations of abortion (e.g., partial-birth abortion bans) that Casey might be thought to permit; (d) supporting proposals that would compel Catholic hospitals to provide abortions; (e) demonizing opponents of abortion as hostile to women's rights and civil liberties, and so on.

I have no doubt that Eduardo and I agree that abortion is immoral, and that we should do what we can -- wholly and apart from regulation -- to reduce them.  But I cannot agree with him that, all things considered, the Democrats' position -- that is, their operational position, the position to which their political base and financial backers are committed, the position that will advance when the Democrats re-take the House -- is consistent with the view that abortion is immoral.   (This is not to say that a faithful Catholic could not conclude that -- contrary to my own view -- a vote for a Democrat is, all things considered, more likely to promote the common good.)

Relatedly, Rob has a post about Senate-candidate Casey's address at Catholic University, where he voiced his support for "legislation that would work toward real solutions to our abortion problem by targeting the underlying factors that often lead women to choose abortion."  There is much to admire about Mr. Casey.  One might think, though, that there can be no "solution" to our "abortion problem" so long as it is the case that the Constitution is imagined to embody a commitment to a liberty to define the meaning of existence -- a commitment that disables us from reasonably regulating abortion -- and that any politician or judge who suggests otherwise is tarred as an extremist bent on "rolling back the clock", etc., etc.  There can be no solution to our abortion problem so long as political leaders who say they want to reduce the number of abortions are willing to say plainly *why* we should want fewer abortions.

It is often suggested that President Bush's pro-life initiatives and statements are cynical ploys intended merely to ensnare well-meaning, faithful Christians into supporting his nefarious program.  They aren't.  But, putting that aside, couldn't one reasonably conclude that Casey's speech, and the Democrats' proposal (which, operationally, is entirely consonant with public funding for abortion on demand), are no-less-cynical ploys? 

Regensburg Once More

My latest TCS column deals with Pope Benedict's controversial speech at Regensburg:

The Pope does seem to have the problem of religiously motivated terror in mind. Even so, Islam was not his only target. (Read)

"[S]afe, legal, and rare"

For the record, the 2004 Democratic platform on abortion wasn't 'just' that abortion be "safe, legal and rare."  Here's that part of the platform in its context:  "Because we believe in the privacy and equality of women, we stand proudly for a woman's right to choose, consistent with Roe v. Wade, and regardless of her ability to pay. We stand firmly against Republican efforts to undermine that right. At the same time, we strongly support family planning and adoption incentives. Abortion should be safe, legal, and rare." 

Stem Cell "Advance" Update

Remember the widely-heralded announcement this past August of new stem cell research technology that would permit the development of stem cell lines by extraction of one cell from embryo's at an early stage of development, with no harm to the embryo?  Well, Michael Fumento of the Hudson Institute reports that it was all a fraud.  He writes, "In fact none of the 16 embryos involved in the study by medical director Robert Lanza of Advanced Cell Technology (ACT) survived. All were harmed; none were viable; none were spared." 

Did I miss something?  I know I've been busy lately, but I can't recall seeing anything about this in the same media outlets that reported how this development would remove the principal objections to stem cell research.

Lisa

More Allen on Benedict

The same John Allen column with the discussion of Benedict XVI & Islam that Michael Perry posted here also contains an excerpt from a lecture Allen gave at John Carroll University with an analysis of an aspect of Benedict's intellect that might have contributed to his current situation which I find much more insightful than the New York Time's.  He compares Benedict to G.K. Chesterton (and George Bernard Shaw) -- read it, it's delightful -- and concludes:

My thesis is this: After 18 months of Benedict's papacy, one defining characteristic is what we might call his "Chestertonian assurance," a tranquility in the face of diverse currents of thought, as well as the respect that one deeply cultured soul naturally feels for another.

By the way, I am not comparing Benedict and Chesterton on a personal level. Chesterton was irascible and curmudgeonly; Benedict, on the other hand, is unfailingly gracious, polite, and kind. As a personality type, he's closer to Emily Post. Yet Benedict breathes the same air of Christian enlightenment as Chesterton. His approach to modernity is neither the craven assimilation that Jacques Maritain described as "kneeling before the world," nor the defensiveness of a "Taliban Catholicism" that knows only how to excoriate and condemn.

Facing disagreement and differing cultural visions, Benedict is not afraid -- and because he's not afraid, he's not defensive, and he's not in a hurry.

Such a spirit is largely alien to our fractured and hair-trigger era, and so Benedict has been something of a paradox- this avatar of Catholic traditionalism espousing a positive message, willing to engage in reasoned reflection with people who don't think like him. For 18 months, people have been speculating about when the "real pope" will emerge from beneath this serene, gracious façade. Ladies and gentleman, I suggest to you tonight that the façade is the real pope.

Lisa

The Times on Benedict

It should hardly be surprising that the New York Times has jumped on the opportunity to criticize Pope Benedict's comments about Islam.  What is somewhat surprising is the sloppiness of their analysis.  Consider this statement from today's editorial:

A doctrinal conservative, his greatest fear appears to be the loss of a uniform Catholic identity, not exactly the best jumping-off point for tolerance or interfaith dialogue.

I'm not sure what a "uniform Catholic identity" is, nor how it flows from Benedict's emphasis on doctrinal orthodoxy.  More fundamentally, why would a clearly defined communal identity preclude dialogue with other communities?  I wouldn't expect the Times editors to be familiar with Benedict's own work on these issues, but is it too much to expect a passing familiarity with Habermas?  His influential "discourse ethics" holds that the promise of meaningful dialogue turns on the substantive norms provided by a specific community.  Habermas argues, for example, that "it would be utterly pointless to engage in a practical discourse without a horizon provided by the lifeworld of a specific social group."  I agree that Pope Benedict displayed a lack of sensitivity in selecting the 14th century quotation (a quotation that, in my reading, was entirely unnecessary to his broader analysis), but that's no basis for contending that his doctrinal orthodoxy somehow disqualifies him from meaningful interfaith dialogue.

Rob 

Friday, September 15, 2006

Casey on Abortion

A transcript of yesterday's Pope John XXIII lecture by Bob Casey at Catholic University Law School can be found here.  Much of the lecture consists of moral claims to which few reasonable citizens could object; he treads most gingerly when he speaks, as a pro-life Democrat, on the question of abortion:

There have been times when members of my party have vigorously opposed me because of my position on abortion. And those of you with long memories can recall a dark night in 1992 when the national Democratic Party insulted the most courageous pro-life public official in our party who simply asked that those who believed in the right to life be accorded the right to speak. But things have changed over the ensuing 14 years. I have been encouraged to see Democrats in this new century becoming more open to people who are pro-life. The common good can be advanced by working towards common ground.

For example, pro-life Democrats in the House are on the verge of introducing legislation that would work toward real solutions to our abortion problem by targeting the underlying factors that often lead women to choose abortion. As a public official, I will continue to work within the party to ensure that Democrats are welcoming and open to such initiatives.

Abortion is clearly an important life issue, and as a Catholic, I understand that life extends beyond the womb. In my view, neither party has gotten it right when it comes to life issues. We can't realistically expect to tackle the difficult question of abortion without embracing the "radical solidarity" with women who face a pregnancy that Pope John Paul II spoke of many years ago.   

If we are going to be pro-life, we cannot say we are against abortion of unborn children and then let our children suffer in degraded inner-city schools and broken homes. We can't claim to be pro-life at the same time as we are cutting support for Medicaid, Head Start, and the Women, Infants, and Children's program. I believe we need policies that provide maximum feasible legal protection for the unborn and maximum feasible care and support for pregnant women, mothers, and children. The right to life must mean the right to a life with dignity.

Rob

Benedict XVI and Islam

Appropos of Rob's post, MOJ-readers may be interested in this, from John Allen of NCR, 9/15/06:

I was forced to miss this week's trip by Benedict XVI to Bavaria due to lectures I had agreed months ago to give in Irvine , California , and Cleveland. Among other things, this means I had to pass up the world's best sausage and beer, and as I told both groups to which I spoke, they will never need additional evidence of the full measure of my devotion to their cause.

(It turns out that local Bavarian authorities banned the sale of beer during events on the papal itinerary, but the word from colleagues on the trip is that this did not prove an insurmountable obstacle).

Even at a distance, it's possible to offer some general observations about the Sept. 9-14 homecoming of Benedict XVI.

I have written before that Benedict XVI is not a PC pope. By that, I don't mean that he sets out to give offense; on the contrary, he's one of the most gracious figures ever to step on the world stage. Instead, he simply does not allow his thinking to be channeled by the taboos and fashions of ordinary public discourse.

For example, any PR consultant would have told the pope that if he wanted to make a point about the relationship between faith and reason, he shouldn't open up with a comparison between Islam and Christianity that would be widely understood as a criticism of Islam, suggesting that it's irrational and prone to violence. Yet that is precisely what Benedict did in his address to 1,500 students and faculty at the University of Regensburg on Wednesday, citing a 14th century dialogue between the Byzantine emperor Manuel II Paleologus and a learned Persian.

News headlines immediately focused upon the pope's use of the term jihad and its implied swipe at Muslim-influenced terrorism, shaping up as something of a replay of the Danish cartoon controversy.

Yet he brought up the dialogue between Paleologus and the Persian to make a different point. Under the influence of its Greek heritage, he said, Christianity represents a decisive choice in favor of the rationality of God. While Muslims may stress God's majesty and absolute transcendence, Christians believe it would contradict God's nature to act irrationally. He argued that the Gospel of John spoke the last word on the biblical concept of God: In the beginning was the logos, usually translated as word, but it is also the Greek term for reason.

The lecture, titled "Faith, Reason and the University: Memories and Reflections," ran to almost 4,000 words (more than a half-hour of speaking time), and its main concern was with what Benedict sees as an artificial truncation of human reason in the West. Since the Reformation, he argued, Western thinkers have come to regard theology and metaphysics as unscientific.

That is problematic, Benedict said, on two counts.

First, it leaves reason mute before the great questions of life and death, questions about why we are here and how we should act.

This is a dangerous state of affairs for humanity, the pope said, as we see from the disturbing pathologies of religion and reason which necessarily erupt when reason is so reduced that questions of religion and ethics no longer concern it. Attempts to construct an ethic from the rules of evolution or from psychology and sociology, end up being simply inadequate.

Second, its logically self-defeating for science itself, which depends upon the assumption of order and reason in the universe, but cant explain why things should work that way in the first place.

The question why this has to be so is a real question, and one which has to be remanded by the natural sciences to other modes and planes of thought to philosophy and theology, the pope said. For philosophy and, albeit in a different way, for theology, listening to the great experiences and insights of the religious traditions of humanity, and those of the Christian faith in particular, is a source of knowledge, and to ignore it would be an unacceptable restriction of our listening and responding.

Ultimately, Benedict argued, a form of reason which rejects religious and philosophical thinking cannot promote dialogue with other cultures.

In the Western world, it is widely held that only positivistic reason and the forms of philosophy based on it are universally valid, he said. Yet the world's profoundly religious cultures see this exclusion of the divine from the universality of reason as an attack on their most profound convictions. A reason which is deaf to the divine and which relegates religion into the realm of subcultures is incapable of entering into the dialogue of cultures.

Whatever the merits of Benedict's argument, it is a subtle and carefully modulated analysis of Western intellectual history head and shoulders above the standard fare most leaders offer on the stump. Of course, that's not what the world is talking about right now, raising the question of whether Benedict could do with a dash more sensitivity to how wires in today's hair-trigger world are tripped.

The Vatican on Thursday issued a statement insisting that Benedict had no intention of giving offense, and that part of his argument at Regensburg was precisely in favor of respect of the religious convictions of humanity.
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Bring Back Blue Laws!

A new study finds "that when states eliminated blue laws, church attendance declined while drinking and drug use increased significantly among young adults. Even more striking, the biggest change in bad behavior mostly occurred among those who frequently attended religious services."

Rob

An unfortunate quote

Muslim outrage over Pope Benedict's quotation of a 14th century Byzantine Christian emperor continues to grow.  This episode seems to be an unfortunate hybrid of two recent high-profile cultural battles: first, the Danish cartoons, for obvious reasons; second, it brings to mind Harvard President Larry Summers' comments about women in science: both Summers and the pope are scholars who made provocative statements without meaning to affirm the truth of the matters asserted, apparently overlooking the fact that their positions of prominence do not give them the luxury of scholarly reflection without significant public fallout.  It seems to me that Pope Benedict should personally clarify that he does not share the view embodied in the quote and explain why he offered it in the first place.  Whether or not it placates the masses (and I doubt it would), it would at least make clear to reasonable Muslims that Benedict does not share equal billing with Hitler and Mussolini (as a top Turkish official seems to believe).  I don't mean that we should constrain free and open discourse about religion because of many Muslims' reactions to statements about their faith, but I do think that the pope has to show particular prudence and self-restraint when speaking about non-essentials in order to ensure his continued capacity to build bridges.

Rob