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, November 6, 2006

"The Cross and the Crescent"

A must-read for folks interested in, well, the future of the West:  Here is John Allen on relations between Catholicism and Islam, in a piece called "The Cross and the Crescent."  Allen writes:

The heart of my argument in that lecture is that Pope Benedict XVI may well be the last, best hope for serious dialogue between the West and the Islamic world, because he is the lone figure of global standing in the West with the spiritual and theological credentials to address Muslims from within their own thought world. Hence when Benedict challenges Muslims to embrace reason and to respect religious freedom, he does so from within a shared space of commitment to religious truth. . . .

The fundamental “clash of civilizations” Benedict sees in the world today is not between Islam and the West, but between belief and unbelief – between a culture that recognizes the supernatural and a role for religion in shaping both public and private life, and one which does not. In that struggle, Benedict regards Muslims as natural allies. He has said repeatedly over the years that he admires their moral and religious seriousness, and he believes the West has something to learn from Muslims about resisting secularization. He believes that the Church and Islam can also be partners in the social, cultural and political arena. . . .

In the wake of Regensburg, the climate for Muslim/Christian exchange, I would submit, has been made more poisonous. If many Muslims harbor unresolved resentments about the pope’s language, many Christians and others in the West are experiencing a kind of fatigue about Muslim outrage. Seeing images of the pope burned in effigy, of Muslims irrationally associating Benedict XVI with the foreign policy of President George Bush despite the Vatican’s long track record of opposition to both Gulf Wars, and of violent attacks against churches and missionaries, many in the West may be tempted to conclude that dialogue with these people is impossible, that the best we can hope to do is to prepare for the cataclysmic showdown that seems to be looming.

If Benedict XVI is to lead us out of this blind alley, that project will require the energy and imagination of committed women and men of good will, including all of you in this room tonight. It is a challenge that all of us together must face – but one we must pray, along with Pope Benedict, that all of us together can face

Bess to deliver Schmitt Lecture

MOJ-friend and Catholic new urbanist Philip Bess has the honor of delivering this year's Schmitt Lecture, sponsored by the Notre Dame Center for Ethics and Culture.  The lecture is called "After Urbanism:  The Strange Bedfellows of Neo-Traditional Architecture and Town Planning."  If you are around South Bend on Nov. 15, check it out.

By the way, Philip's new book, "Till We Have Built Jerusalem," is out and available.

Gallicho reviews "Deliver Us From Evil"

The documentary film, "Deliver Us From Evil," which deals with the sex-abuse scandal, has been getting lots of (positive) press.  Here is Grant Gallicho's (of Commonweal) thoughtful, critical review.

Michael's correspondent

I imagine that each one of us regrets the tone of and sentiments expressed in the e-mail that Michael received from an angry reader.  And, I'm sure I'm not the only MOJ blogger who has received similar e-mails (though mine come more from the "left" than from the "right"). 

The cranky missive Michael received serves as occasion to remember, it seems to me, that Mirror of Justice is a public conversation among friends / lawyers / scholars about what the Faith means for "legal theory."  And, it is a conversation among people who disagree strongly about many things and who might -- this side of Heaven -- understand the Faith differently.  We have never promised that all of our posts will be sensible, let alone orthodox.  But, I hope readers know, we are doing our best.  No matter how misguided I have thought some of my fellow bloggers' views and conclusions were, I have believed from the beginning of this enterprise that the conversation was worth having -- and worth having in public -- if only to "model" for students and fellow citizens what good-faith searching-in-community might look like.  (This is not to say, of course, that all views are equally correct, or to pretend it does not matter whether or not we get it right.)  So, I hope our readers in Omaha will not be swayed by the crochety complaining of Michael's correspondent.

And, of course, someday I will succeed in convincing Michael Perry to agree with me about those few matters where he persists, at present -- no doubt just to keep things interesting -- in disagreeing with me.  Stay tuned. . .         

another comment on ectopic pregnancy

I very much appreciate the further comments of Karen Stohr and Rob and Julian Velasco. The problem I have with Grisez, Finnis, and Boyle's argument is that it seems too abstract. It seems a much too facile way of just "redescribing" the actions of the doctor. It doesn't focus adequately on the physical act that is being undertaken. So, they justify craniotomy as not involving intentional killing because the surgeon "intends" to save the mother's life and is just rearranging the skull of the fetus. That seems euphemistic. Under this approach to thinking about intention, in the ectopic pregnancy example (and maybe this would apply to justify an abortion too) the doctor doesn't intend to "kill" the embryo he is just "removing" the embryo. I think that is some cases (as Chris Kaczor has pointed out), this "removal" can result in the successful implantation of the embryo and if that is true then the death of the embryo is not essential to accomplish the doctor's goals. Bill May cites a doctor who says that this removal-with-possibility-of-implantation is not the way this procedure is usually employed. I'd agree that the physical description isn't alone decisive, and that it is not decisive that the doctor acts on the embryo. May does distinguish salpingectomy by stating that it is a procedure performed on the body of the mother and not the child and that a salpingostomy is performed on the child's body, securing its death in the very act of removing it. May seems to have in mind something that Kevin Flannery has discussed in trying to distinguish intention/foresight--that we ought to look at the norms of medical practice. As Flannery states in discussing the hysterectomy example, it is to benefit the mother's health that the gravid cancerous uterus is removed. The craniotomy does no good to the patient upon whom the doctor acts although the purpose is good (to save the mother's life).

I am not sure this adequately responds to Karen's arguments, and my colleague Ed Lyons tells me that my account presented here doesn't do the job. I thought I'd post these reflections in order to stimulate some further discussion. I think this excahnge has helped me to clarify my thinking, even if that might not be apparent to anyone else.

Thanks again.

Richard M.

"The Return of the Anti-Abortion Democrat"

Amy Sullivan has this piece, "The Return of the Anti-Abortion Democrat," in the Nov. 13 issue of The New Republic.  Much of the piece focuses on Bill Ritter, a Catholic, who is running for governor in Colorado.

For a different view, see this recent op-ed, which ran in a Colorado paper, called "Getting off the Ritter Bandwagon."  The author notes that his enthusiasm at the prospect of a pro-life Democrat was diminished once Ritter made it clear -- as he has -- that he does not support legislative restrictions on abortion.  Indeed, as Sullivan notes:

[Ritter] would have no agenda to change the current law regarding abortion as governor. He would overturn an executive order issued by Republican Governor Bill Owens disqualifying women's health clinics from getting state funding for teen pregnancy prevention programs if they also provided abortions.  And he would sign legislation allowing emergency contraception, a bill that Owens had vetoed.

I know we've discussed this matter many times here on MOJ, and I know that many of my colleagues disagree, but it simply is not clear to me why a candidate should be regarded as "pro-life" just because he / she is not only (a) "personally opposed" to abortion but also (b) supports social-welfare policies that, he or she hopes, will reduce the number of abortions, if (c) he or she is not willing to de-fund and regulate the practice, (d) he or she supports a constitutional regime which disables legislatures from debating and acting on the issue, and (e) he or she accepts money from abortion-rights interest groups.  This goes for the other candidates the article discusses, too (e.g., Casey, Tim Kaine, etc.).

The Holy See, Religious Freedom, and Human Rights

Some good stuff from Archbishop Celestino Migliore, the Holy See's permanent observer to the United Nations, courtesy of ZENIT.  (Here, also thanks to ZENIT, is a bit about the US Dep't of State's annual report on the state of religious freedom worldwide.)

Mr. Chairman,

I would like to take this opportunity to congratulate you on your election and leadership of this Committee and thank the Special Rapporteur on freedom of religion or belief for her report on the elimination of all forms of religious intolerance.

. . .  As we celebrate the 25th anniversary of the adoption of the 1981 Declaration on the Elimination of all Forms of Intolerance and of Discrimination Based on Religion or Belief, my delegation is seriously concerned that freedom of religion or belief does not exist for individuals and communities, especially among religious minorities, in many parts of the world. We are also concerned that the high level of religious intolerance in some countries is leading to an alarming degree of polarization and discrimination. We share a grave duty to work together to reverse this trend.

While religious tolerance is sometimes characterized as accepting or permitting those religious beliefs and practices which disagree with one's own, the time has come to move beyond this type of religious tolerance, and to apply instead the principles of authentic religious freedom.

Religious freedom is the right to believe, worship, propose and witness to one's faith. It grants the opportunity and creates the occasions for people to profess freely the tenets of their faith. Furthermore, it includes the right to change one's religion and to associate freely with others in order to express one's religious convictions. Religious tolerance is simply a starting point, a basis for universal religious freedom and there cannot be full religious tolerance without an effective recognition of religious freedom.

We know well that, historically, tolerance has been a contentious issue among believers of different faiths. However, we have come to a turning point in history which demands more of us, including a commitment to interreligious dialogue. At the same time, my delegation is increasingly convinced of the indispensable importance of reciprocity, which, by its very nature, is apt to ensure the free exercise of religion in all societies.

The Holy See continues to be concerned by a number of situations where the existence of enacted or proposed legislative and administrative measures for placing limits on the practice, observance or propagation of religion are a reality. Likewise, the Holy See is concerned with those situations where religion or freedom of religion is used as a pretext or a justification for violating other human rights.

Furthermore, there appears to exist a recurring case of intolerance when group interests or power struggles seek to prevent religious communities from enlightening consciences and thus enabling them to act freely and responsibly, according to the true demands of justice. Likewise, it would be intolerant to denigrate religious communities and exclude them from public debate and cooperation just because they do not agree with options nor conform to practices that are contrary to human dignity.

National and global decision making, legal and political systems, and all people of good will must cooperate to ensure that diverse religious expressions are not restricted or silenced. Every individual and group must be free from coercion and no one should be forced to act in a manner contrary to his or her beliefs, whether in private or public, whether alone or in association with others. It is important here to pay particular attention to the needs of the weakest groups, including women, children, refugees, religious minorities and persons deprived of their liberty. The disturbing signs of religious intolerance, which have troubled some regions and nations, at times affecting even majority religious groups, are much to be regretted. . .

Religious Freedom and the Baltimore cathedral

After a two-and-a-half year, $32 million restoration, the Basilica of the National Shrine of the Assumption of the Blessed Virgin Mary in Baltimore is returning to its glory.  George Weigel has a really nice op-ed about the cathedral, its history and significance, and what it teaches us about religious freedom:

The recently completed restoration of the building offers more than a reminder of the genius of the past, however; Carroll's and Latrobe's work has a special resonance for the present and the future. For to enter the restored Baltimore Basilica — a great American shrine to the centrality of religious freedom in any serious scheme of “human rights” — is to be confronted with two of the most crucial items on the world agenda today: The first — how do things stand with religious freedom? — is a question of particular, although not exclusive, interest to people of faith. The second — how does the human race engage its deepest differences (which are religious differences) with civility, tolerance and respect? — is a question for everyone.

Although few of us recognize it, the 20th century was the greatest century of persecution of Christians in history, with tens of millions murdered “in hatred of the faith” by totalitarian ideologies. With the collapse of fascism, and then communism, a new springtime of religious freedom seemed on the historical horizon. Yet the dramatic exodus of Christians from the Holy Land, the genocide in the south of Sudan, and the entire arc of conflict between Christianity and jihadist Islam that spans the globe from the west coast of Senegal to the east coast of Timor reminds us that the 21st century could well be a century of martyrdom, too. To visit the restored basilica and reflect on the centuries of struggle for religious freedom that it has witnessed is to be reminded that freedom is never free. . . .

The basilica suggests a different lesson: that the most secure foundation for religious freedom is, as Father Richard John Neuhaus once put it, the conviction that “it is the will of God that we be tolerant of those who disagree with us about the will of God.” That conviction is at the root of America's success in maintaining the First Amendment commitments the Baltimore Basilica celebrates: Religious freedom in the USA is largely a religious accomplishment. . . .

Sunday, November 5, 2006

A Comment from Someone Who Happened upon MOJ after I Posted an NCR Editorial

[Thought that I would share with MOJ-readers this e-mail message that was waiting for me a few minutes ago.  The message was in response to this post.]

I've just perused your website, in particular the editorial "Sorting through imperfect choices"(Issue Date:  November 3, 2006). What an absolute disgrace, as well as shameful. You parade your site as an authentic Catholic voice on the world-wide-web, but in fact it's nothing but a fraud. And what sickens me most is your claim to be "Catholic." It's hard enough contending with the anti-Catholics heretics outside our Church, let alone you deceivers.
 
Jn 8:44-45 "...You belong to your father the devil and you willingly carry out your father's desires. He was a murderer from the beginning and does not stand in truth, because there is no truth in him. When he tells a lie, he speaks in character, because he is a liar and the father of lies. But because I speak the truth, you do not believe me...."
 
I promise you I intend do everything possible to alert folk here in the Omaha, Nebraska Archdiocese about your deception.
 
David Eastlack

Juxtapositions

This past week I had to opportunity to participate in two interesting events. The first was to be a member of the Holy See’s delegation to the Council of Europe. The topic for discussion on this occasion was religious liberty (and its contribution to moral values) in a multicultural society. While the issue was straightforward, the discussions in Strasbourg seemed disjointed. It was maintained by many speakers that there is a European culture and civilization. Those statements were fine. But then it became apparent that there was either no authentic understanding of the heart of this culture or a denial of it. Of course, the heart of the European culture is Christianity. Yet, this vital center is undergoing an effortless abnegation because many Europeans see their common heritage of Christianity as only one of the many voices of identity that must be treated “equally” with all others. In the meantime, the speakers from Turkey had very different things to say, and I do not believe that their message was being registered by the Western Europeans.

The other event was a visit of Pope Benedict to the Pontifical Gregorian University where I spend most of my time these days. The Pope’s insightful words delivered during his visit made up for the disappointments I experienced in Strasbourg. From my perspective, Benedict’s words of this Friday past contain a lot to reflect upon not just for Europe and its academic institutions but for the United States and its institutions of higher education, especially those that use the moniker “Catholic.” Indeed, the Pope’s address may well have something to offer to Catholic Legal Theory insofar as it has a bearing on higher education and religious liberty.

One of the striking points made by the Pope was his relating intelligence to faith, hope, and charity. He did this by presenting two standards: the secular-relativist culture so profoundly in existence in the West today and the religious culture founded on Christ and His Church. In his view, the former ultimately forces upon society and the civilization it claims with a confused sense of conscience and human destiny. The latter points the way to a truth, the Truth, about conscience and destiny that the former tends to deny.

Of course, those who labor to develop moral standards and values (and this was the purpose of the meeting at the Council of Europe) must consider who they are; thus, examining from where they came and to where they are going might be a good place to start. I trust that my inadequate translation of the Pope’s address delivered in Italian still offers some insight into what he said: “The hope of Christ is that the human person does not enclose himself in a paralyzing and sterile nihilism, but is open to engaging society in a generous fashion with the view of contributing to and improving it. It is the task that God has given man in creating him in His image and likeness—a task that everyone endowed with human dignity has, but to which God has attached immense responsibility.” In short, the Pope spoke of firmness of conviction and the unwavering response to the call to discipleship from the one who came to save us all—in spite of the threats, the pressures, the cajoling, or whatever else directs otherwise.

I also realize that many, but not all, of Pope Benedict’s remarks were directed to the members of my religious order, the Society of Jesus, and to the institutions with which it is affiliated. However, it was also clear that the Holy Father was addressing a much wider audience as well. This became evident when he said: “The [Catholic] academic institution is engaged to be in the Church and to be with the Church. For that is what love, the love of Christ, is about.” The Pope said many other things, but here I shall stop only to add some further insight garnered from my reading of some of the homilies of August Cardinal von Galen that treat similar issues about pressure on the Church, the culture that it founded and sustains, and its members. Von Galen served the Church in a place and time in which it experienced the pressure of a ferocious totalitarian regime—a regime which hammered the Church, its members, and their beliefs. But von Galen would not capitulate to the threats to the religious liberty of the Church and the denial of Christian culture. In one of his sermons delivered in 1941, he had this to say to the faithful:

Steel yourselves and hold fast! At this moment we are not the hammer, but the anvil. Others, chiefly intruders and apostates, hammer at us; they are striving violently to wrench us, our nation, and our youth from our belief in God. But, we are the anvil, I say, and not the hammer, but what happens in the forge? Go and ask the blacksmith and see what he has to say. Whatever is beaten out on the anvil receives its shape from the anvil as well as the hammer. The anvil cannot and need not strike back. It need only be hard and firm. If it is tough enough, it inevitably outlives the hammer. No matter how vehemently the hammer falls, the anvil remains standing in quiet strength and, for a long time, will play its part in helping to shape what is being molded.

Today the Church, its liberty, and its members are being hammered at by a variety of human forces. Some are from outside, but others closer to home but who have become fugitives from the traditions in which they were reared. While the future of the Church and its intellectual tradition may appear gloomy to some, the counsel of Benedict and the exhortation of von Galen come at an appropriate time to remind the faithful who they are, where they are going, what they face, and what they must exhibit—fidelity—in order to prevail against the hammers of our day.   RJA sj