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, February 5, 2007

More on the U.K. adoptions matter

Cardinal Cormac Murphy-O'Connor writes, "Regulation Must Not Trump Conscience":

The deepest convictions of the Jewish, Christian, Islamic and Sikh faiths are that a child prospers in the care of a father and a mother.

Leaders of these faiths have appealed for space in which this conviction can be respected in the public sector. They have appealed for respect for their religious conscience, so that the contribution of well-established agencies, working for the common good, such as Catholic adoption agencies, can continue. These appeals have been turned down. We are being told that, in this matter of adoption, religious conscience is over-ruled by regulation.

There is no doubt that holding together a wide range of convictions in a society in which public authorities strive to be secular is a difficult task. But being secular does not mean closing down the space in which religious conviction and motivation can shape and contribute to the common good.

"Three weaknesses"?

This from ZENIT:

Vatican Official Notes Catholics' 3 Weaknesses

Challenge Is to Return to Roots, He Says

TREVISO, Italy, JAN. 29, 2007 (Zenit.org).- The modern Catholic world suffers from three main weaknesses, says the secretary of the Pontifical Council for Justice and Peace.

According to Bishop Giampaolo Crepaldi, Catholics during the last decades have shown the following weak points: the promotion of the notion of secularism as neutrality, thus weakening its identity; an inability to understand that the issues of life and bioethics are also social and political issues; and the failure to promote the Church's social doctrine in a systematic and comprehensive manner.

The Vatican official opened a recent seminar on "The Common Good and the Social Doctrine of the Church from the Second Vatican Council to Benedict XVI."

"We have all endured many difficult periods in our recent history," said Bishop Crepaldi at the Jan. 20 seminar, sponsored by the Italian episcopal conference. "We have not always succeeded, despite the careful guidance of the magisterium, in resisting leaps forward, partisan interpretations and the weakening of our identity.

"A theology of the separation between faith and politics has been alternating with a theology of direct engagement, while, at the same time and almost undetected, a culture of agnosticism and relativism was advancing, becoming imposing and almost dictatorial, striking the very heart of the Christian message and radically hindering its reception."

Bishop Crepaldi contended: "Once we lose sight of the fact that man is 'capax veritatis,' it is impossible to think that he can be 'capax Dei.'"

According to the prelate, the current Catholic challenge is to reflect in depth on "our own roots because the anthropological question has now become the social question."

"We will not be able to make a valid contribution to the common good," he said, "unless we expand the culture of life, from bioethics and beyond bioethics, and succeed in making it a true social and political culture."

Sunday, February 4, 2007

Nichols on human rights and religion in China

Here's an interesting-looking paper, by Joel Nichols, "Dual Lenses:  Using Theology and Human Rights to Evaluate China's 2005 Regulations on Religion."

In order for China to move forward in the international community, it needs to continue to improve its standing on human rights issues. Of particular concern to many observers is the relationship between the government and religion. While foreign religious organizations and missionaries are still heavily regulated by a 1994 law, a new law respecting religious citizens and organizations within China went into effect in 2005. This new law is salutary in some respects in that it provides a much fuller delineation of the relationship between government and religion within China, and it appears more solicitous toward religious rights than previous regulations. But the new law is very vague in places and contains several provisions that could be troublesome and problematic depending on how and whether they are implemented.

This paper is primarily built on a lecture given at Fuller Theological Seminary in 2005. Its premise is that international human rights laws are a useful but not sufficient benchmark by which to assess China's law. It is also important to understand the theological premises of some of the religious communities and believers for a broader measure of the efficacy and fairness of China's law. By focusing upon and using these dual lenses of law and religion, the paper offers both preliminary assessments of the 2005 law and also some possible ways forward that will further China's efforts to respect its heritage while simultaneously allowing it to better align itself with prevailing international norms regarding religious rights and obligations.

Friday, February 2, 2007

'Til We Have Built Jerusalem

I've mentioned his work a lot here at Mirror of Justice, I know, but I cannot resist, yet again, plugging Philip Bess's new book, "'Til We Have Built Jerusalem:  Architecture, Urbanism, and the Sacred."  I have my copy, and am loving it:  Chesterton and Nietzsche, Wrigley Field and Fenway Park, "A Proposal for Catholic Churches in the 21st Century," and Van Eyck -- it's all here.

An initial response to the question… regarding faith and objectivity

Thanks to Rob for his important posting. The view expressed in his posting, namely:

“The pragmatist will respond that, while the belief of objectivists in natural principles is sincere and has consequences (when they act on this belief), the claim itself is wrong—there are no such things as universal, objective, absolute principles.”

Fair enough.

But the proposition denies the the existence of God (acting on the beliefs of this perspective, I suppose). The belief in the existence of God is, first and last, essential to Catholic Legal Theory, but the matter of reason seems to be missing from the pragmatist's critique as has been proffered. Some may view the existence of God a belief, and let it go at that. Others believe it because it is a reasonable and rational proposition that, when all is said and done, considers and accepts the belief not only on faith but on reason--the two being inextricably intertwined.   RJA sj

Is Objective Moral Truth Possible?

Over at Balkinization, Brian Tamanaha has posted a "pragmatic view of natural law."  Here's an excerpt:

Opponents castigate pragmatists for being moral relativists. The charge seems to fit the pragmatists, except for this consideration: criticizing someone as a “relativist” is meaningful only if it is possible to be a non-relativist.

These critics—let’s call them “objectivists”—deny that their position is a relativist one because objective natural principles really do exist. When making this claim, objectivists are saying not only that they believe that these principles exist, but more so that they do in fact exist.

The pragmatist will respond that, while the belief of objectivists in natural principles is sincere and has consequences (when they act on this belief), the claim itself is wrong—there are no such things as universal, objective, absolute principles. The referent of the claim does not exist. If it is meant by the objectivist as a factual claim, it is false. If it is a metaphysical claim, then it is a myth or fiction on a par with belief in the existence of ghosts.

Assuming these responses are correct (a big assumption, which cannot be discussed here), the charge of relativism senseless. It has no bite because objectivists are in exactly the same position as pragmatists—they too have no objective, universal grounding for their principles. One could say that we all are relativists—and the objectivists just don't know it—but a better understanding is that the term relativism is misleading and inapt because it posits an alternative position that is not available.

I'm in the process of trying to work through these questions as part of my ongoing project on conscience.  Steve Smith has argued that conscience claims seem to depend "on metaethical objectivism -- on a commitment to the idea that morality is in some sense natural, or given, or objectively true."  I'm open to being persuaded otherwise, but I'm inclined to agree with Steve on this point.  And I don't think moral objectivism is so far-fetched -- if a moral claim is "objectively" true to the extent that its truth is a quality that exists apart from the fact of my belief in it.  And I'm not sure that it depends on our belief in God.

If there are certain observable truths about human nature (whether it's a created nature or an accidental nature that has taken hold at this stage of our evolution), those truths have moral implications, don't they?  For example, from what we know about our social nature in terms of human bonding and relationships, the practice of breaking apart slave families to sell members as separate commodities is immoral, isn't it?  (I'm even putting aside the question of slavery itself.)  I don't know anyone who will say "that practice is immoral because I believe it is immoral" (which is what the non-objectivist has to say, right?).  They're much more likely to say, "that practice is immoral because it is immoral."  Moral judgments, it seems to me, are grounded outside ourselves -- not necessarily in universal divine revelation, but perhaps in what we know about the human person.  I recognize that "is" does not generally lead to "ought," but aren't there circumstances where the gap between "is" and "ought" is so small as to be irrelevant outside the academy?  If so, aren't we then in the realm of moral objectivism?

Thursday, February 1, 2007

From dot.Commonweal

[I thought that this post, by Grant Gallicho over at dotCommonweal, was worth reproducing here.]

Brzezinski's showstopper

February 1, 2007, 3:05 pm

Here is the must-read statement delivered by Zbigniew Brzezinski in today's Senate Foreign Relations Committee hearing. It's long, I realize, but stick with it. Take it all in.

Your hearings come at a critical juncture in the U.S. war of choice in Iraq, and I commend you and Senator Lugar for scheduling them.

It is time for the White House to come to terms with two central realities:

1. The war in Iraq is a historic, strategic, and moral calamity. Undertaken under false assumptions, it is undermining America's global legitimacy. Its collateral civilian casualties as well as some abuses are tarnishing America's moral credentials. Driven by Manichean impulses and imperial hubris, it is intensifying regional instability.

2. Only a political strategy that is historically relevant rather than reminiscent of colonial tutelage can provide the needed framework for a tolerable resolution of both the war in Iraq and the intensifying regional tensions.

If the United States continues to be bogged down in a protracted bloody involvement in Iraq, the final destination on this downhill track is likely to be a head-on conflict with Iran and with much of the world of Islam at large. A plausible scenario for a military collision with Iran involves Iraqi failure to meet the benchmarks; followed by accusations of Iranian responsibility for the failure; then by some provocation in Iraq or a terrorist act in the U.S. blamed on Iran; culminating in a "defensive" U.S. military action against Iran that plunges a lonely America into a spreading and deepening quagmire eventually ranging across Iraq, Iran, Afghanistan, and Pakistan.

A mythical historical narrative to justify the case for such a protracted and potentially expanding war is already being articulated. Initially justified by false claims about WMD's in Iraq, the war is now being redefined as the "decisive ideological struggle" of our time, reminiscent of the earlier collisions with Nazism and Stalinism. In that context, Islamist extremism and al Qaeda are presented as the equivalents of the threat posed by Nazi Germany and then Soviet Russia, and 9/11 as the equivalent of the Pearl Harbor attack which precipitated America's involvement in World War II.

This simplistic and demagogic narrative overlooks the fact that Nazism was based on the military power of the industrially most advanced European state; and that Stalinism was able to mobilize not only the resources of the victorious and militarily powerful Soviet Union but also had worldwide appeal through its Marxist doctrine. In contrast, most Muslims are not embracing Islamic fundamentalism; al Qaeda is an isolated fundamentalist Islamist aberration; most Iraqis are engaged in strife because the American occupation of Iraq destroyed the Iraqi state; while Iran -- though gaining in regional influence -- is itself politically divided, economically and militarily weak. To argue that America is already at war in the region with a wider Islamic threat, of which Iran is the epicenter, is to promote a self-fulfilling prophecy.

Deplorably, the Administration's foreign policy in the Middle East region has lately relied almost entirely on such sloganeering. Vague and inflammatory talk about "a new strategic context" which is based on "clarity" and which prompts "the birth pangs of a new Middle East" is breeding intensifying anti-Americanism and is increasing the danger of a long-term collision between the United States and the Islamic world. Those in charge of U.S. diplomacy have also adopted a posture of moralistic self-ostracism toward Iran strongly reminiscent of John Foster Dulles's attitude of the early 1950's toward Chinese Communist leaders (resulting among other things in the well-known episode of the refused handshake). It took some two decades and a half before another Republican president was finally able to undo that legacy.

One should note here also that practically no country in the world shares the Manichean delusions that the Administration so passionately articulates. The result is growing political isolation of, and pervasive popular antagonism toward the U.S. global posture.

It is obvious by now that the American national interest calls for a significant change of direction. There is in fact a dominant consensus in favor of a change: American public opinion now holds that the war was a mistake; that it should not be escalated, that a regional political process should be explored; and that an Israeli-Palestinian accommodation is an essential element of the needed policy alteration and should be actively pursued. It is noteworthy that profound reservations regarding the Administration's policy have been voiced by a number of leading Republicans. One need only invoke here the expressed views of the much admired President Gerald Ford, former Secretary of State James Baker, former National Security Adviser Brent Scowcroft and several leading Republican senators, John Warner, Chuck Hagel, and Gordon Smith among others.

The urgent need today is for a strategy that seeks to create a political framework for a resolution of the problems posed both by the US occupation of Iraq and by the ensuing civil and sectarian conflict. Ending the occupation and shaping a regional security dialogue should be the mutually reinforcing goals of such a strategy, but both goals will take time and require a genuinely serious U.S. commitment.

The quest for a political solution for the growing chaos in Iraq should involve four steps:

1. The United States should reaffirm explicitly and unambiguously its determination to leave Iraq in a reasonably short period of time.

Ambiguity regarding the duration of the occupation in fact encourages unwillingness to compromise and intensifies the on-going civil strife. Moreover, such a public declaration is needed to allay fears in the Middle East of a new and enduring American imperial hegemony. Right or wrong, many view the establishment of such a hegemony as the primary reason for the American intervention in a region only recently free of colonial domination. That perception should be discredited from the highest U.S. level. Perhaps the U.S. Congress could do so by a joint resolution.

2. The United States should announce that it is undertaking talks with the Iraqi leaders to jointly set with them a date by which U.S. military disengagement should be completed, and the resulting setting of such a date should be announced as a joint decision. In the meantime, the U.S. should avoid military escalation.

It is necessary to engage all Iraqi leaders -- including those who do not reside within "the Green Zone" -- in a serious discussion regarding the proposed and jointly defined date for U.S. military disengagement because the very dialogue itself will help identify the authentic Iraqi leaders with the self-confidence and capacity to stand on their own legs without U.S. military protection. Only Iraqi leaders who can exercise real power beyond "the Green Zone" can eventually reach a genuine Iraqi accommodation. The painful reality is that much of the current Iraqi regime, characterized by the Bush administration as "representative of the Iraqi people," defines itself largely by its physical location: the 4 sq. miles-large U.S. fortress within Baghdad, protected by a wall in places 15 feet thick, manned by heavily armed U.S. military, popularly known as "the Green Zone."

3. The United States should issue jointly with appropriate Iraqi leaders, or perhaps let the Iraqi leaders issue, an invitation to all neighbors of Iraq (and perhaps some other Muslim countries such as Egypt, Morocco, Algeria, and Pakistan) to engage in a dialogue regarding how best to enhance stability in Iraq in conjunction with U.S. military disengagement and to participate eventually in a conference regarding regional stability.

The United States and the Iraqi leadership need to engage Iraq's neighbors in serious discussion regarding the region's security problems, but such discussions cannot be undertaken while the U.S. is perceived as an occupier for an indefinite duration. Iran and Syria have no reason to help the United States consolidate a permanent regional hegemony. It is ironic, however, that both Iran and Syria have lately called for a regional dialogue, exploiting thereby the self-defeating character of the largely passive -- and mainly sloganeering -- U.S. diplomacy.

A serious regional dialogue, promoted directly or indirectly by the U.S., could be buttressed at some point by a wider circle of consultations involving other powers with a stake in the region's stability, such as the EU, China, Japan, India, and Russia. Members of this Committee might consider exploring informally with the states mentioned their potential interest in such a wider dialogue.

4. Concurrently, the United States should activate a credible and energetic effort to finally reach an Israeli-Palestinian peace, making it clear in the process as to what the basic parameters of such a final accommodation ought to involve.

The United States needs to convince the region that the U.S. is committed both to Israel's enduring security and to fairness for the Palestinians who have waited for more than forty years now for their own separate state. Only an external and activist intervention can promote the long-delayed settlement for the record shows that the Israelis and the Palestinians will never do so on their own. Without such a settlement, both nationalist and fundamentalist passions in the region will in the longer run doom any Arab regime which is perceived as supportive of U.S. regional hegemony.

After World War II, the United States prevailed in the defense of democracy in Europe because it successfully pursued a long-term political strategy of uniting its friends and dividing its enemies, of soberly deterring aggression without initiating hostilities, all the while also exploring the possibility of negotiated arrangements. Today, America's global leadership is being tested in the Middle East. A similarly wise strategy of genuinely constructive political engagement is now urgently needed.

It is also time for the Congress to assert itself.

by Grant Gallicho

Law, Morality, and Just Wages

X-posted from my personal blog:

In a recent TCS Daily column, I discussed the theological requirement that faithful Catholics assent to the Church's Magisterium; i.e., that Catholics are obliged to defer to authoritative Church teaching on issues of faith and morals. In this week's column, I turn to a specific application of that duty; namely, recent Church hierarchy pronouncements on the minimum wage.

Garnett on school choice

Garnett’s dedication to Catholic school choice rooted in law, and life

By: Gail Hinchion Mancini
Date:

February 1, 2007

If interested, read on....

(HT:  Maria Ruiz Scaperlanda)

Rick's CST Course

Back from a blogging hiatus, occasioned by, along with writing commitments, having simultaneously to hire faculty for our law school and a new rector for our (Episcopal) parish.  You lucky folks don't have to worry about the latter for your parishes (wink).

Rick has a great list of subjects for his course.  To follow up on Michael's post about the death penalty, I was wondering why there's not a subject heading about the tradition's emphasis on protection of human life.  Also following up on Michael's mention of development of doctrine, that would be a great subject, even though it's methodological rather than first-order substantive.  It's very accessible for a methodological topic, because a lot of people's beliefs about individual subjects are affected by a gut sense of whether and in what ways having the Church adapt to new circumstances is a good idea.  Plus there are engaging case studies past as well as current.  Spending a little time on a historical subject like slavery or usury can free students from total immersion in, and give them some perspective on, the currently debated topics.

Two concepts that are organizing themes for recent encyclicals are work ("the key to the social question") and development.  They could be dealt with extensively under the markets and internationalism headings.

Tom B.