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.

Tuesday, November 21, 2006

The Heart of the Matter

In the December 2006 issue of First Things (not yet available on line), there is a short piece by John F. Crosby, "The Witness of Dietrich von Hildebrand," discussing the launch of the Dietrich von Hildebrand Legacy Project.  Crosby quotes a short review by Hildebrand, "The Struggle for the Human Person," which includes this:

All of Western Christian civilization stands and falls with the words of Genesis, 'God made man in His image.' 

We could also say, I think, that "all of Catholic legal theory" stands and falls with these same words.  (Note:  the same issue of First Things includes a great essay by Mary Ann Glendon, "Looking for 'Persons' in the Law."  Check it out.)

Why (Some) Conservatives Give

An interesting and moving response to my "Who Cares?" post from Harry Hutchison, explaining that at least some religious conservatives feel a Gospel-based spiritual and moral obligation to engage in charitable giving as a response to apparently intractable social problems. I certainly don't doubt that among some religious conservatives (such as Harry) that sentiment is absolutely genuine -- I would not make that concession about all conservatives, by the way -- but that it is again besides the point (pace Greg). For all the spiritually informed personal generosity of some religious conservatives, their political and economic philosophy reflects a willingness to tolerate a much greater degree of social inequality and poverty than leftish political and economic philosophies. Assuming that is true (and I know, of course, that it is debatable), then the fact of a somewhat higher rate of personal charitable giving by conservatives is interesting, but not important, because it doesn't really achieve the kind of change that would actually help ameliorate inequality and policy. It also doesn't establish that liberals are really smarmy hypocrites, which I am sure will be one of the ways in which the Brooks study will be read. I should add, furthermore, that this whole debate seems to be focusing on a red herring, ie the accusation allegedly thrown by liberals at conservatives that they don't "care" about the poor. I would put that claim on the same absurd level as the charge sometimes thrown at liberal Catholics that you "don't care about the lives of the innocent unborn, but you do care about the lives of guilty murders."  Both accusations grotesquely oversimplify complex issues and positions. I'm sure that some, and maybe even most conservatives "care" at some level about the poor, but what matters is how they care. and whether that translates into social policy and action that will actually do something to address the needs of the poor in a structural way.

Mark:

I read with interest your recent post "Who Gives More? –Who Cares." I concede as I must that you know more about Catholic Social Theory than I shall ever know. Nevertheless, I am troubled. You apparently, describe the charity of conservatives as a rationalization that covers an enormous amount of relative indifference to the human cost of policies (or non-policies) that result in worsening the lot of the poor. On the other hand, the Holy Father states that God is love and he who abides in love abides in God and God in him." . . . .Being Christian is not the result of an ethical choice . . . but the encounter with an event, a person, which gives life a new horizon and a decisive direction." The Encyclical continues by suggesting necessity of loving of God and loving our Neighbor. The connection between the two constitutes an unbreakable bond. Consistently with that intuition, Jesus in responding to a certain lawyer in Luke 10 gives us the story of the good Samaritan. In my view, this story does not separate us into conservative or liberal camps by demonstrating the indifference of conservative Samaritans and the concern of liberal ones. My understanding of that story is that we, (all of us) must give to the needy. How that is expressed is obviously a big question but I think that if "conservatives" are actually giving to the poor and the needy that constitutes important evidence that they are, however imperfectly, beginning to live out the commands of Jesus and the Holy Father however intractable the social problems and social structures appear to be.

Charitable giving bears witness to the lot of the poor and to ourselves as we respond to the injunctions of Jesus and the admonitions of the Holy Father. I hope that is something we can all care about. Although, I concede that one life can be seen as simply one more data point in a sea of data, and without getting overly personal, my life represents a living symbol of the power of individual conservatives (at great personal cost) motivated by Christian charity to rescue lost souls like me.

Conservatives and Taxes

Rick says:

After all, whether they support redistributive policies or not, religious conservatives pay their taxes, just like "wealthy liberals"; they just give away more on top of that.

Fair Point.  Except that, in the states where religious conservatives predominate, taxes are lower (as are government services).  In states were "wealthy liberals" live, taxes (and services) are higher.  Compare, for example, South Dakota (45th highest tax burden) or Alabama (46th) or Tennessee (47th) or Oklahoma (40th) with, say, New York (2nd) or Hawaii (3rd) or Rhode Island (4th).  So it's not clear to me at all, to quote Rick, that "religious conservatives" pay taxes "just like 'wealthy liberals.'"  As long as the increment that religious conservatives donate to charity does not exceed the difference in tax burden, then I believe my point stands.  Interestingly, nothing in the descriptions of the book I've seen on-line says anything about the absolute magnitude of the giving we're talking about.  It's all about the relative rate of giving between religious conservatives and secular liberals.  (As an aside, I've never seen any data suggesting that conservatives are more likely to evade taxes, but, if the Bush administration's policies with respect to IRS enforcement are any guide, there appears to be a constituency for tax evasion among wealthy Republicans.)

Virtue & Biotech IP

David Opderbeck has posted his new paper, A Virtue-Centered Approach to the Biotechnology Commons.  Here is the abstract:

This essay sketches out a virtue ethics / virtue jurispurdence approach to biotechnology intellectual property policy.

The debate over biotechnology intellectual property policy seems intractable. Instrumentalists dicker about how to tweak incentives in order to produce the best mix of innovation and disclosure, without stepping back to ask whether the consequentialist approach is best on a broad scale. Hegelians seem to have little to say about biotechnology, given that researchers seem to bear little resemblance to the artists and poets who most obviously pour their personalities into their work. Postmodern critics offer some trenchant critiques of the current system, but suggest few alternatives that could be realized in contemporary biotechnology.

Perhaps the biotechnology “thicket” has as much to do with these conflicting underlying philosophies of intellectual property as it does with individual patent rights that must be cleared to conduct research in this field. Virtue ethics may illuminate a path forward. By situating biotechnology as a community dedicated to human flourishing, and focusing on the practices that move that community ever towards its goal, the assumptions and language we use to describe biotechnology intellectual property policy may begin to change. As these assumptions begin to change, perhaps a move towards a more open community of biotechnological science will also become more tractable.

Rob

Taking Aim at Religion

The New York Times reports that the gloves are coming off in the debate between science and religion:

Maybe the pivotal moment came when Steven Weinberg, a Nobel laureate in physics, warned that “the world needs to wake up from its long nightmare of religious belief,” or when a Nobelist in chemistry, Sir Harold Kroto, called for the John Templeton Foundation to give its next $1.5 million prize for “progress in spiritual discoveries” to an atheist — Richard Dawkins, the Oxford evolutionary biologist whose book “The God Delusion” is a national best-seller.

Or perhaps the turning point occurred at a more solemn moment, when Neil deGrasse Tyson, director of the Hayden Planetarium in New York City and an adviser to the Bush administration on space exploration, hushed the audience with heartbreaking photographs of newborns misshapen by birth defects — testimony, he suggested, that blind nature, not an intelligent overseer, is in control.

Somewhere along the way, a forum this month at the Salk Institute for Biological Studies in La Jolla, Calif., which might have been one more polite dialogue between science and religion, began to resemble the founding convention for a political party built on a single plank: in a world dangerously charged with ideology, science needs to take on an evangelical role, vying with religion as teller of the greatest story ever told.

Rob

Monday, November 20, 2006

Why the Findings About Patterns of Charitable Giving by Conservatives and Liberals Matter

In response to recent postings (here, here, and here) about Professor Arthur Brooks's new book, ""Who Really Cares: The Surprising Truth about Compassionate Conservativism," Mark Sargent asks "Who Cares?" and Eduardo Penalver says that he's not "sure what the comparison between religious conservatives and secular liberals proves." Even assuming that conservatives contribute far more to charity, including non-religious charities, than do secular liberals, Mark and Eduardo apparently see this finding as nothing but a factoid, deserving no attention and having no relevance to questions of social justice.

Let me offer just two ways (and there are many more) in which this finding is significant and deserving of further reflection:

First, the finding demolishes the frequently-stated argument, repeated on occasion even on the Mirror of Justice, that religious conservatives turn a cold shoulder to their disadvantaged neighbors and are concerned only about moral and cultural issues. Or as a former colleague of mine accused, "You conservatives care about people only before they are born." Now, while one certainly may disagree with conservative skepticism about state-oriented solutions to economic problems, one may not legitimately insinuate that the position taken by conservatives is animated by a hardness of heart or a disinterest in matters of poverty. To the contrary, and Professor Brooks's findings are consistent with many such studies over many years (this is really nothing new, but just now being discovered in the general media), conservatives pay their taxes, faithfully if with less sanguinity about whether the government wisely uses the money it extracts, and then conservatives still reach deep into their own pockets to support those in need. In the future, then, debates about how best to provide economic opportunity must proceed on the merits, rather than by easy claims that liberals are the party of economic virtue and sly winks suggesting that conservatives are greedy misers.

Second, even those of our friends here and elsewhere who consistently advocate a larger governmental presence and role in the economy and in providing benefits to the poor should be disturbed by the apparent consequence that most who support larger government treat it as a substitute for personal engagement in their own communities. Like the old joke about the person who avoids a charitable request by saying "I gave at the office," too many liberals appear to be saying "I gave to the government." Whatever may be the merits of increasing government welfare spending and government redistribution of wealth, it cannot be gainsaid that such activities also have deleterious effects on society, by fattening bureaucracies, by separating people from their neighbors as government assumes greater responsibilities, by sometimes crowding out private charitable solutions or imposing destructive regulations on private charities (including regulations that religious charities cannot in good conscience accept), etc. As Catholics, we ought to be more concerned about what is happening to human hearts than we are about any economic arrangements or political agendas.

As the Holy Father wisely says in his Encylical Deus Caritas Est (para. 28b: "The State which would provide everything, absorbing everything into itself, would ultimately become a mere bureaucracy incapable of guaranteeing the very thing which the suffering person—every person—needs: namely, loving personal concern." By contrast, "[t]he Christian's programme—the programme of the Good Samaritan, the programme of Jesus—is 'a heart which sees'. This heart sees where love is needed and acts accordingly." I'd suggest that an excessive reliance on government can blind the seeing heart and lead to a loss of love, of true charity toward neighbors.

Whereas conservatives need to be constantly challenged as to whether their proposed solutions offer genuine and concrete hope for alleviating poverty on a systemic basis, liberals need to be challenged to retain a healthy skepticism of government-centric solutions that can become, literally, soul-less.

Greg Sisk

Here is a Familiar Idea

Universities Urged to Focus More on Social Doctrine
Advice From Conference Convoked by the Vatican

VATICAN CITY, NOV. 20, 2006 (Zenit.org).- Catholic universities must pay more attention in all their disciplines to the Church's social doctrine, recommended participants at an international conference convoked by the Holy See.

Such attention to social doctrine would allow the Gospel to penetrate deeper in the social fiber, in order to defend and promote human dignity, the common good, solidarity, and justice and peace, they stated last Friday, the first day of the conference.

The conference, entitled "University and Social Doctrine," was being attended by about 150 representatives of Catholic schools worldwide. It was held in a hotel in Rome and sponsored by the Congregation for Catholic Education and the Pontifical Council for Justice and Peace.

In the opening address, Cardinal Renato Martino, president of the Pontifical Council for Justice and Peace, urged that Catholic universities pay more attention to social doctrine as the basis for the common promotion of an integral and solidaristic humanism.

The cardinal said that in this way "the light of the Gospel, which is at the same time light of charity and intelligence," can make fruitful "human learning and, in the legitimate autonomy of the methods and languages and without ever losing sight of the necessary unity of learning, also animate the building of a social coexistence of justice and peace."

For his part, Cardinal Zenon Grocholewski, prefect of the Congregation for Catholic Education, stressed that the social doctrine of the Church should not be taught as an isolated subject, but should penetrate the various subjects imparted by Catholic universities.

In his intervention, Cardinal Camillo Ruini, the Pope's vicar for Rome, said that recognition of the dignity of the human person needs "above all a push from the world of Christianity, which regards every one with a human face as possessing that dignity and destiny of the human being, creature in the image and likeness of God." .....

  [Mark here] An excerpt from today's ZENIT. I have always argued that CST provides  crucial  concepts, analytical categories and vocabulary for Catholic thinking about law, the teaching of law and legal scholarship. The notion of a "pervasive CST" in the law school curriculum is an intriguing one. Anyone ready to start a new "CST Law School"? Now, don't jump on me because I'm neglecting Aquinas, Augustine, von Balthazar, nouvelle theologie or moral theology in general. All of that's relevant, and would have an important place -- BUT, CST is a kind of applied social theology  -- and wouldn't that provide a particularly fruitful basis on which to organize a law school curriculum?

--Mark

Who Gives More? -- Who Cares?

I hate "studies," or at least sweeping claims about what they prove. Sometimes the "studies" are so methodologically unsound, or biased, or unfocused that they don't prove anything. An example was the so-called "study" we discussed recently which allegedly proved something about why more women should be on boards, or what they would do once lots of them got there. The question of the potential impact of gender on corporate governance is an important one (though no answer is yet apparent); the complete absence of any rigorous or useful data in the study only trivialized the question. What about the Brooks study of charitable giving? I haven't read it, but it seems to produce some real data about who gives how much to what. So, I would conclude that it is not prima facie dopey. I'm even prepared to accept that the "conservatives" described in the study actually give more than "liberals," especially if we are just talking about conventional charitable giving and not the larger "generosity" that Eduardo tried to define. I don't know why that may be true, but who cares? What does that prove about anything?. The "fact" that conservatives give more to charity is largely uninteresting and irrelevant to anything important. The study doesn't prove anything beyond the fact that cons can be charitable, and apparently more than libs.  But the important question is how liberals and conservatives think about structural problems of social injustice, particularly gross and growing economic inequality. What is important is the difference in ideology, not small differences in rates of charitable giving.  Of course, I hear the argument from conservatives: "This is just an argument about means: we care about poverty etc as much as the liberals; we just think "statist" policies won't help, and will actually hurt, and only the market will work, yada, yada". Forgive me if I describe this as a rationalization that covers an enormous amount of relative indifference to the human cost of policies (or non-policies) that result in worsening the lot of the poor. Some conservatives are prepared to accept "transition costs" that involve great human suffering to a much greater degree than those on the other side of the ideological spectrum. Perhaps some conservatives make themselves feel better by throwing  a bit more money into the bottomless pit of charitable need; what they don't want to do is accept the structural changes that might actually make a bigger difference than personal charity. But, just to show that I am even-handed: my admittedly subjective experience is that conservative professionals tend to be much nicer to working class staff then many lefties I have known. The latter  have often been "lovers of humanity" who treat real working stiffs like underlings. But, what does that prove? Not much, beyond the universality of hypocrisy. In the same way, I don't think the Brooks study proves anything about the really important question of how different ideologies respond to the actual needs of the poor, and which ideology shows the greater commitment to doing something meaningful about them.

--Mark

More on conservatives and generosity

Eduardo is unimpressed by the evidence, to which I linked here, suggesting that religious conservatives are more generous than secular liberals.  The evidence is provided in a forthcoming book by Arthur Brooks, "Who Really Cares:  The Surprising Truth about Compassionate Conservativism," referenced in the linked-to post.  Brooks finds that "conservatives who practice religion, live in traditional nuclear families and reject the notion that the government should engage in income redistribution are the most generous Americans, by any measure."  Eduardo writes, though:

I'm not sure what the comparison between religious conservatives and secular liberals proves, but it certainly doesn't prove, to quote Instapundit (quoting Beliefnet), that conservatives are more generous "by any measure."  At most, it shows that religious conservatives are more generous donors to private charities.  But, if I define "generous" to encompass, say, support against one's financial interest for social programs funded through redistributive taxation, then wealthy liberals (secular or religious), who generally support such taxes and such programs, do well and conservatives (religious or not) don't look so hot.

I have not read the Brooks book, but again, his claim is that the evidence does, in fact, make it claer that "conservatives who practice religion, live in traditional nuclear families and reject the notion that the government should engage in income redistribution are the most generous Americans, by any measure." 

As for Eduardo's proposed expansion of the definition of "generosity" (to include, in my words, "supporting the government taking money from others and directing it toward uses of which I approve"), I'm not sure the proposed expansion does much to blunt the force of (what I gather is) Brooks's case.  After all, whether they support redistributive policies or not, religious conservatives pay their taxes, just like "wealthy liberals"; they just give away more on top of that.  Their opposition to the policies that reduce the size of the pot from which they can donate to charity hardly diminishes -- indeed, I would think it exhances -- their "generosity."

Eduardo also writes:

I would be interested to know whether the "private charities" canvassed for the study include the religious conservatives own churches. [RG:  My understanding is that it does.]  I'd also like to see the magnitude of the differences, especially on some of the non-monetary measures noted in the beleifnet article, such as blood donation.  [Apparently, Brooks finds that the differences hold up for volunteering time; I do not know about blood donation.]  Finally, I'd want to see the numbers for secular conservatives and religious liberals, since the presence of religious involvement is a potentially conflating variable in this analysis that cuts across political orientation.  [I would, too.]

Eduardo writes:

Given egalitarian liberal views about the role of the state in solving certain widespread social problems, one would expect them (egalitarian liberals) to support state over private solutions and to view at least some sorts of private charitable contributions as wasted money. 

Maybe.  But, Brooks's point (I gather) is that religious conservatives, who believe that redistributive taxation to fund government efforts to "solv[e] widespread social problems" is often also "wasted money" (that the conservatives are nonetheless legally required to provide), also give money to private charity.  And, I would be surprised to learn that "wealthy liberals" think that *all* private charities are a waste of money.  Surely, there are *some* that they think do good work?  And yet, they do not give as much, or so Brooks claims. 

Finally, Eduardo is too quick, in my view, when he says that "religious conservatives" are those "who will give money to private charities but oppose state intervention in the service of social justice."  I am confident that the "religious conservatives" studied by Brooks support all kinds of "state intervention in the service of social justice," even if they do not support the same package of policies, or the same level of spending, as Eduardo does.

UPDATE:  Here's more on the Brooks book, and the evidence, and the issue generally, from Jim Lindgren (Northwestern).  He writes, among other things:

[S]ome commenters speculate that the pattern of greater donations to charity by anti-redistributionists is trivial in size or simply a function of religion. But anti-redistributionists give more to secular (non-religious) charities as well. Brooks reports (p. 56) that strong anti-redistributionists gave 12 times more money to charity than strong redistributionists, and 9 times more to secular (non-religious) causes.

"Judicial Activism" debate

It's not quite "Catholic," but there's some "legal theory", so . . .

Here is a debate, on the web site -- "PENNumbra" -- of the Penn Law Review, between Prof. Kermit Roosevelt (Penn) and me about his new book, "The Myth of Judicial Activism."  Here is the teaser:

“Judicial activism,” writes Professor Kermit Roosevelt, of Penn, has been employed as an “excessive and unhelpful” charge—one “essentially empty of content.” As a substitute, Roosevelt reviews here the framework for analysis of Supreme Court opinions that receives fuller treatment in his recent book, The Myth of Judicial Activism. Professor Richard W. Garnett, of Notre Dame, is willing to go along with “much, though not all, of Roosevelt’s position. Ultimately, Garnett suggests “that ‘judicial activism’ might be salvaged, and used as a way of identfying and criticizing decisions . . . that fail to demonstrate th[e] virtue” of constitutional “humility.”