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.

Wednesday, December 13, 2006

Tony Blair on integration and religion

This is interesting:

Tony Blair formally declared Britain's multiculturalist experiment over today as he told immigrants they had "a duty" to integrate with the mainstream of society.

In a speech that overturned more than three decades of Labour support for the idea, he set out a series of requirements that were now expected from ethnic minority groups if they wished to call themselves British.

These included "equality of respect" - especially better treatment of women by Muslim men - allegiance to the rule of law and a command of English. If outsiders wishing to settle in Britain were not prepared to conform to the virtues of tolerance then they should stay away.

He added: "Conform to it; or don't come here. We don't want the hate-mongers, whatever their race, religion or creed.

"If you come here lawfully, we welcome you. If you are permitted to stay here permanently, you become an equal member of our community and become one of us.

"The right to be different. The duty to integrate. That is what being British means."

Does "being American" mean this, too?  What else, besides being "tolerant" and speaking English, is the Prime Minister demanding of those who would be British.  Or, more precisely, what does he think it means to be "tolerant"?

The Court's new Religion Clauses case

Melissa Rogers (Wake Forest) has some thoughts about the Court's grant in the case Hein v. Freedom from Religion Foundation, which could be the Roberts Court's first foray into the Religion Clauses fever swamp.  In her view, a decision by the Court to limit "taxpayer standing" in Establishment Clause cases would reflect a decision not to enforce the Clause, and "[i]f we fail to enforce the Establishment Clause adequately, these values will suffer and the quality of religious liberty will be diminished."  I am inclined to disagree.  That is, while I agree entirely that the Establishment Clause, properly understood, serves religious freedom in important ways, it is not obvious to me why enforcement the Establishment Clause -- unlike, say, the Free Speech Clause, or the Commerce Clause -- requires the Court to confer standing on claimants who have not suffered the injury-in-fact that we require in every other federal context.

Peter Berger on Relativism and Fundamentalism

Some of you might be interested in this essay by Peter Berger entitled "Going to Extremes:  Between Relativism and Fundamentalism."

Catholic Legal Theory and the Human Body

A few days ago, Rob wrote: 

“Here's the tension, in my view:  Our need for law derives in significant part from our fallen condition.  We are selfish and we need rules to rein in our selfishness.  But the ideal for sexuality (the lifelong coupling of a man and woman) is not in response to our selfishness, but to our incompleteness.  Adam and Eve did not need the criminal law in the Garden of Eden, but they still needed each other.  Corporate management does not need to face punishment for self-dealing because they are incomplete, but because they are selfish.  An authentic view of sexuality allows us to transcend our selfishness; law accounts for our selfishness.  I totally agree that our understanding of the human person must include an articulation of human sexuality.  But I'm still not sure how far the articulation of human sexuality gets us toward a comprehensive theory of law.”

I see the tension Rob proposes if the law is a set of “rules to rein in our selfishness.”  But, doesn’t the tension depend largely upon one’s conception of “a comprehensive theory of law?”  Even if law’s sole function is to provide a set of “rules to rein in our selfishness,” we need a thick enough conception of the human person to understand the category “selfish act.”  Further, if our positive law might legitimately serve in some modest way to promote the common good – to encourage private charitable undertakings might be one example – then it seems to me that our comprehensive theory of law must account for and understand more completely the good of the person and the good of community.  And, if our positive law reflects our participation (or lack of participation) in the eternal law of God through our understanding of the natural law (and possibly revealed law), then we must grasp an even thicker understanding of the person.  Here I suggest that "[r]eflecting on the design of our bodies, our radical incompleteness, our intense desire (especially in males) to ‘use’ another’s body to satisfy our own needs, and a whole host of related topics” might aid in the development of a thick conception of the human person, which, in turn, might aid in the development of a comprehensive theory of law.

For those like me who are interested in reading Margaret Farley's new book, Just Love:   A Framework for Christian Sexual Ethics (2006)(at Michael P.’s suggestion), I would encourage a close examination of Karol Wojtyla’s Love and Responsibility and John Paul II’s Theology of the Body.  I suspect we will get contrasting visions of human and communal goods from Farley and Wojtyla/JPII. After we read these works, I hope we can have a robust discussion about 1) which author has more complete understanding of the human person and the human community, and 2) whether any of this has currency beyond the narrow (albeit important) arena of sex, sexual ethics, and sexual politics; in other words, whether an understanding of these matters can aid in the development of Catholic Legal Theory.

Tuesday, December 12, 2006

Jesus the Manly Man

Godmen The insightful folks over at Get Religion dissect the LA Times' coverage of the Christian manliness movement.  (If that brings to mind Promise Keepers, think again -- the PKers are angst-ridden schoolgirls by comparison.)  And Mary Ruiz offers her own explanation of the eminently mockable phenomenon over at First Things.  My only question: When Pope John Paul II stated that "both man and woman make their specific contribution" to the common good, could this be what he had in mind for the fellas?

Barack Obama Announces His Run for the Presidency!

Against the background of two earlier posts,

Who Is Barack Obama?  And Does He Believe in God? (here), and

Barack Obama and Religion, con't (here),

I thought that Rick Garnett and other MOJ-readers would like to know that last night, on national television, right before the Monday night football game in which the 2007 Super Bowl Champion Chicago Bears extended their season record to an NFL-leading 11-2 [okay, okay, San Diego has an 11-2 record too, but who even knows that San Diego has a football team?], Barack Obama--whose home town is the great city of Chicago, where citizens are urged to "vote early and often"--announced his run for the presidency.  Somehow today's newspapers missed the story [I suspect Rick Garnett had something to do with that].  But now, right here on MOJ, you can see the announcement for yourself:

The Need for Reduction: A Further Reply to Michael P.

My correspondent replies to Michael P.’s latest post:

“I wonder if Michael would think it reductionist to pay attention to the fact that our efforts at democracy building in the

Middle East

entail a very messy war?  I mean, that's so bogged down in detail.  Can't we just say we're engaged in nation building and integrating humanity?  I supported this war, and now I must check my conscience on that; it requires some "reduction" to the actual acts that support the goals I felt justified them.” 

Settlement of Human Trafficking Case

Kevin Johnson recently posted the following on the ImmigrationProf blog:

"In a story "Trafiicking Case ends for 48 Thai welders: A firm settles claims of immigrants who arrived on work visas and were forced into near-slavery" by Teresa Watanabe, the L.A. Times (Dec. 8) reports that federal authorities will announce a $1.4-million settlement in a case involving 48 Thai welders brought to California four years ago. The case, settled by the U.S. Equal Employment Opportunity Commission and Trans Bay Steel Corp. of Napa, represents what experts call the hidden face of human trafficking: migrant laborers legally recruited — largely from Asia and Latin America — but exploited and abused while here. Though most public attention about human trafficking has focused on women and children in the sex trade, experts say laborers constitute at least half of the approximately 16,000 people trafficked into the United States annually.  Click here to read the story.

Unfortunately, there have been increasing reports of human trafficking and involuntary servitude over the last decade.  As the U.S. government increased border enforcement operations in the mid-1990s, with Operation Gatekeeper in San Diego and Operation Hold-the-Line in El Paso, fees charged by smugglers to migrants seeking to unlawfully enter the United States increased from a few hundred dollars to a few thousand.  Some migrants have been forced to pay off smuggling debts through labor upon arrival in the United States.

As the L.A. Times story states, human trafficking is not simply a problem in the sex industry but a general labor market problem. ...

to read the rest of his post, click here.

My Reply to the Anonymous Reply

Here is my original post and here is the anonymous reply.  Here, now, my reply:

When I said that it was dismissive to refer to homosexual sexual intimacy with the word "sodomy"--or "anal intercourse", or whatever term my anonymous replier prefers--I meant that it was dimissive in the same sense it would be dismissive to refer to my wife's and my sexual intimacy with the term "vaginal intercourse".  Maybe "reductionist" would have been better--clearer--than "dismissive".

May I recommend, again, that interested readers take the time to purchase/read Sister Margaret Farley's new book, Just Love:   A Framework for Christian Sexual Ethics (2006).

Book Description
This long-awaited book by one of American Christianity’s foremost ethicists proposes a framework for sexual ethics whereby justice is the criterion for all loving, including love that is related to sexual activity and relationships. It begins with historical and cross-cultural explorations, and then addresses the large questions of embodiment, gender, and sexuality. Following this is a normative chapter that delineates the justice framework for sexual ethics. Though the particular focus is Christian sexual ethics, the framework is broad enough to have relevance for multiple traditions of sexual ethics. The remaining chapters focus on specific issues in sexual ethics, including same-sex relationships, marriage and family, divorce and second marriage, celibacy, and sex and its negativities.      

About the Author
Margaret A. Farley holds the Gilbert L. Stark Chair in Christian Ethics at Yale University Divinity School, where she has taught since 1971. She is a past president of the Society of Christian Ethics and the Catholic Theological Society of America as well as being a recipient of the latter’s John Courtney Murray Award for Excellence in Theology. She was a founding member of the Bioethics Committee at Yale-New Haven Hospital; director of the Yale Divinity School Project on Gender, Faith, and Responses to HIV/AIDS in Africa; and codirector of the All Africa Conference: Sister to Sister, which facilitates responses to HIV/AIDS on the part of Roman Catholic women in Africa. She is the author of Personal Commitments and Compassionate Respect, the Madaleva Lecture for 2002.

Sex and the Incarnation: A Reply to Michael P.

I received this from an MOJ reader:

“I was struck by Michael Perry's recent comment that referring to "homosexual intimacy" as "sodomy" amounts to dismissiveness.  This strikes me as getting things backwards.  I take it that one of the critiques of those who reject the Church's sexual teaching is that it is too abstract, not aware enough of the messy realities of human relationships and human loving.  But in their discussions of homosexual sex, it is precisely these people who retreat from the concrete, from the body, and offer only lofty abstractions that prescind from the real world.

In this season where we reflect upon the Incarnation, we do well to remember that we live not only in a realm of ideas but in the realm of the flesh.  Our bodies have a structure, and that structure reflects purposes that are not invented by one's will or imagination--I cannot turn my stomach in to a pancreas nor my eyes into a nose any more than I can turn my anus into a sex organ just by willing it to be so. 

The Church's understanding of human sexuality is one that attends to the physical facts of human bodies.  It attends to structure and purpose and seeks to learn from how we are built how we ought to behave so that we might flourish.  Therefore, it does not throw all of human sexual conduct under the rubric "intimacy" and thereby regard it as good.  Not all intimacies are equivalent, and having the intention to do good does not absolve one of having to reflect on the morality of the particular acts through which one fulfills that intention.  Thus, it is at least possible that some forms of homosexual intimacy, even when pursued out of the best of motives, might still be wrong.

I encourage Michael Perry and the theologians he finds compelling to reflect upon the fact that the “intimacy” they endorse entails using body parts in ways that they are quite obviously not intended to be used.  In this season of advent, I ask Professor Perry:  whose theology is more respectful of the human body his or the Church's?  Whose theology is more respectful of the Incarnation?  To make a plea for “intimacy” in an abstract form simply is not sufficient.  The Church does not teach that homosexuals may not be friends with one another.  It does not suggest that there are no forms of intimacy that may be engaged in by homosexuals even with those whom they love and would love intimately. 

It teaches, rather, that the act of physical sexual union is ordered by nature and nature's God toward procreation, an act which throughout human history has required male and female to come together.  It teaches that male and female are called to express and experience that most intimate physical union within the relationship of marriage, and that to engage in sexual relations outside of that relationship is to violate one's body.  This is a teaching that is hard, particularly in contemporary culture, to accept.  But it is a teaching most assuredly rooted in a theology concrete and Incarnational. 

To ignore the physical realities of certain forms of human intimacy, homosexual or heterosexual, is more dismissive of the persons involved than to discuss them accurately for what they are.  Those who argue that some people's bodies are called to express the gift of their sexuality through acts that are intrinsically cut off from procreation and complementarity, acts that have historically been called "sodomy" should defend these practices concretely, calling them by name: anal sex, mutual masturbation, and oral sex.  After all, this is not an argument for abstract intimacy but for certain kinds of intimate contact. The argument will require more than suggesting that those who think otherwise are dismissive of homosexuals; it will require more than noting (as if it were disputed) that homosexuals are loved by God, are capable of love, and are called to love.  These facts are not in dispute, and they are not dispositive.  Pace the theologians cited by Prof. Perry, the Church does not dispute that homosexual persons are called to flourish in a way that has integrity; rather, it imagines that its understanding of chastity is the most faithful to our created and received nature, whatever our sexual orientation might be.  It therefore believes that the acts themselves, not just the relationships within which they take place, matter. 

The idea that homosexual sexual activity is required, that a chaste homosexual person cannot be "integrated" without committing the physical acts that remain unnamed by those who defend them, is precisely what Michael Perry is called to defend.  The Church's teaching does not forbid integration, it does not deny that people can be constitutively homosexual, and it does not ask them to deny who they are.  Rather, it invites them to reflect on the possibility that a human life deprived of genital sexual activity can be integrative, can lead to flourishing, and can be holy.  The burden, then, is on those who dismiss this possibility, to explain why the acts they seek to justify but not name are required and are paths to holiness.”