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 19, 2007

A rose by any other name… More on Speech Codes

I just read Rob’s posting on the Scottish National Health Service’s action regarding the elimination of discriminatory language. I should like to see the entire text. I wonder if they will also remove language that discriminates among doctors, nurses, technicians, office staff, patients, vendors, visitors, and chaplains. It strikes me that offering patients different types of treatment based on their medical condition, even though warranted, is discriminatory, too. I don’t know how the National Health Service will handle the person who has no relatives, partners, friends, family, etc.—in other words, someone with absolutely no relations with any other human being. Sounds like more discrimination. Perhaps the National Health Service should concentrate on providing good medical service and rather than engage in attempting to engineer human nature.   RJA sj

Why the Catholic Majority on the Supreme Court May be Unconstitutional

A paper of interest at MOJ:

"Why the Catholic Majority on the Supreme Court May Be
Unconstitutional"
     University of North Carolina Legal Studies Research Paper
     No. 960410
          University of St. Thomas Law Journal, Vol. 4, 2007
   

  Contact:  MICHAEL J. GERHARDT
              University of North Carolina at Chapel Hill -
              School of Law
    Email:  [email protected]
Auth-Page:  http://ssrn.com/author=509049

Full Text:  http://ssrn.com/abstract=960410

ABSTRACT: In this essay, Professor Michael Gerhardt ponders two
possible problems with how presidents may have assembled the
current Catholic majority on the Supreme Court. The first is that
they may have unwittingly demonstrated their agreement with
social scientists who believe that neither the rule of law nor
Supreme Court precedent constrain justices, and the second is
that they may have violated constitutional prohibitions on
religious tests for federal office. After showing how both these
problems may have occurred, Gerhardt demonstrates how they were
avoidable at the time the current majority was assembled and in
future judicial selection.

The New Speech Code

While I'm sympathetic to the argument that committed same-sex relationships warrant some sort of legal recognition, I have never been particularly sympathetic to the argument that marriage between a man and a woman should be viewed simply as one among an infinite number of self-defining options.  Once we head in that direction, we just might end up in bizarro-world:

Nurses and other health care professionals should avoid using the terms ‘mom’ and ‘dad’ to refer to family relationships since the terms could be offensive to homosexual couples with children, a new directive published by Scotland’s National Health Service recommends. . . .

The booklet calls for a “zero-tolerance policy to discriminatory language” among Scotland’s health care system. Included in discriminatory language is the use of terms that assume a traditional family structure of mother, father and children, according to the NHS directive. . . .

“Individual circumstances lead to varied family structures and parenting arrangements. It is important to be aware of this. When talking to children, consider using ‘parents‘, ‘carers’ or ‘guardians’ rather than ‘mother’ or ‘father‘.

Along the same lines, the directive points out, use of the terms ‘husband’, ‘wife’ and ‘marriage’ is not acceptable since such terms exclude lesbian, gay and bisexual people. Instead, health care workers should use the terms ‘partners’ and ‘next of kin’. Since ‘next of kin’ is often understood to mean nearest blood relative, however, the booklet recommends that it may be preferable to use ‘partner, close friend or close relative’ to avoid confusion.

Summer Catholic Social Thought Institute

Information about the Summer Catholic Social Thought Institute, to be held May 21-25 in Washington D.C., is here.  The Institute is co-sponsored by the CUA Department of Sociology and the Society of Catholic Social Scientists.  Speakers include Catholic law prof George Garvey, of CUA. 

Sunday, February 18, 2007

"Grassroots Abortion War"

This Time magazine article, "The Grassroots Abortion War," on crisis-pregnancy centers, their work, and their critics, is worth a look.

Individual and Community

Check out this post, by Mike Rappaport, over at "The Right Coast."  In the post, Rappaport quotes from, and discusses, this op-ed by a 2006 Nobel Prize winner, Edmund Phelps.  Here is a bit from the Phelps piece, called "Entrepreneurial Culture:  Why European Economies Lag Behind the U.S.":

As is increasingly admitted, the economic performance in nearly every Continental country is generally poor compared to the U.S. and a few other countries that share the U.S.'s characteristics. Productivity in the Continental Big Three--Germany, France and Italy--stopped gaining ground on the U.S. in the early 1990s, then lost ground as a result of recent slowdowns and the U.S. speed-up. Unemployment rates are generally far higher than those in the U.S., U.K., Canada and Ireland. And labor force participation rates have been lower for decades. Relatedly, the employee engagement and job satisfaction reported in surveys are mostly lower, too.

It is reasonable to infer that the economic systems on the Continent are not well structured for high performance. . . .

Many economists attribute the Continent's higher unemployment and lower participation, if not also its lower productivity, to the Continent's social model--in particular, the plethora of social insurance entitlements and the taxes to pay for them. The standard argument is fallacious, though. . . .

In my thesis, the Continental economies' root problem is a dearth of economic dynamism--loosely, the rate of commercially successful innovation. . . .

. . .  Germany, Italy and France appear to possess less dynamism than do the U.S. and the others. . . .

Further, I argue that the cause of that dearth of dynamism lies in the sort of "economic model" found in most, if not all, of the Continental countries. . . .

There are two dimensions to a country's economic model. One part consists of its economic institutions. These institutions on the Continent do not look to be good for dynamism. . . .

The other part of the economic model consists of various elements of the country's economic culture. Some cultural attributes in a country may have direct effects on performance--on top of their indirect effects through the institutions they foster. Values and attitudes are analogous to institutions--some impede, others enable. . . .

[The weakness of certain entrepreneurial values is an "impediment to a revival of dynamism there."  But this is not the only impediment.]  There is the solidarist aim of protecting the "social partners"--communities and regions, business owners, organized labor and the professions--from disruptive market forces. There is also the consensualist aim of blocking business initiatives that lack the consent of the "stakeholders"--those, such as employees, customers and rival companies, thought to have a stake besides the owners. There is an intellectual current elevating community and society over individual engagement and personal growth, which springs from antimaterialist and egalitarian strains in Western culture. There is also the "scientism" that holds that state-directed research is the key to higher productivity. Equally, there is the tradition of hierarchical organization in Continental countries. Lastly, there a strain of anti-commercialism. "A German would rather say he had inherited his fortune than say he made it himself," the economist Hans-Werner Sinn once remarked to me.  . . .

What would be an appropriately CST-informed reaction to this?

Edith Stein Conference at Notre Dame

If you'll be in the South Bend area next weekend, you might want to check this out:

Students host Edith Stein conference to address healing in women

By: Shannon Chapla
Date: February 15, 2007

A group of University of Notre Dame students is hosting a two-day conference to address healing for women who have been victimized in body and spirit and to discuss the manner in which contemporary culture imperils the dignity of women.

The conference, titled “The Edith Stein Project: Toward Integral Healing for Women and Culture,” will be held Feb. 23 and 24 (Friday and Saturday) in McKenna Hall on campus, and is open to the public.

For more of the article, click here.

Preliminary Call for Articles -- The 2007 Conference on Catholic Social Thought and the Law.

I wanted to announce that the Fifth (mirabile dictu!) Conference on Catholic Social Thought and the Law will be held on September 21, 2007, sponsored by Villanova University School of Law and the Journal of Catholic Social Thought, and held at the Villanova Conference Center outside of Philadelphia.This year's topic will be "CST on the the Market, the State and the Law." The goal of this conference will be to shed some light on the never-ending battle over where CST stands on economic life, economic regulation and the virtues and deficiencies of the market. Those who have followed the MOJ debates on just wage, corporate law and globalization will remember the very different points of view among those of us working in the CST vineyard. This topic will, I think, bring to the fore the difficulties of translating the broad precepts of CST into specific policy and legal applications. Those difficulties, however, do not relegate CST to the airy realms of abstraction, leaving the tough questions to "prudential" resolution: If CST is to mean anything, it must somehow guide or constrain our choices in a serious way. In other words, we have to ask whether CST is broad enough to encompass the very different conceptions of economics, politics and law that have invoked its name. Our conference will be broadly interdisciplinary as usual, including law profs, economists, business ethicists, theologians and others. I will be posting a more formal call for articles shortly. The articles will be published in the JCST as usual. My colleague Mike Moreland will be joining me in organizing this and future conferences; feel free to contact either of us with questions, though we will be publicizing all the logistical details before too long.

           A note on last year's conference on the "The Meaning of the Preferential Option for the Poor for the Law:" The articles are all going through the editing process (some are finished) and we hope to publish that issue of the JCST by the end of the semester.

--Mark

Friday, February 16, 2007

Friendship conference at Baylor

We are abundantly blessed in the conference department this Spring, it appears.  Check out this one, at Baylor:

Inaugural Baylor Symposium on Faith and Culture

Friendship: Quests for Character, Community, and Truth

Thursday, October 25-Saturday, October 27, 2007

Baylor University, Waco, Texas

Featured Speakers:

C. Stephen Evans (Baylor University)
Paul Griffiths (University of Illinois at Chicago)
Thomas Hibbs (Baylor University)
Alan Jacobs (Wheaton College)
Dominic Manganiello (University of Ottawa)
Mary Nichols (Baylor University)
Charles Pinches (University of Scranton)
Robert Putnam (Harvard University)
Robert C. Roberts (Baylor University)
Nancy Sherman (Georgetown University)
Paul Wadell (St. Norbert College)
Carolinne White (University of Oxford)

Because we so naturally esteem friendship, Augustine wrote, our conscience condemns us if we do not meet friendship with friendship. When we do, we open ourselves to transforming possibilities-personal, civic, and even spiritual.

Though the highest form of friendship might be a school of virtue, a source of solidarity in bearing life's burdens, and (following Aquinas) an avenue to Christian charity and friendship with God, friendship is increasingly difficult to realize within our culture, especially given the challenges posed by radical individualism, mobility, and political, racial, and religious division. Technologies like the Internet change how we view friendship: we are drawn more to 'Facebook' encounters than face-to-face relationships. Yet the quests for character, community, and truth that are made possible through friendship invite perceptive critiques of contemporary society as well as creative proposals for renewed forms of personal and civic life.

Ezra Klein on prison rape

Ezra Klein points to a glaring moral failure on our (i.e., we Americans') part:

[P]olitically tough as it may be to address, it's morally abhorrent to ignore. And we have to remember: Every single time we sentence a suspect to jail time, we are tacitly consenting not merely to his imprisonment, but to his savage sexual assault, with all the physical and psychological damage it will bring.