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, March 14, 2007

Canon Law and Marriage

My friend Mary Ann Dantuono, Associate Director of St. John's University's Vincentian Center for Church and Society, has been involved with the UN sessions on Violence Against Women.  She raises this for our consideration:

"The Canon Law allows marriage if the woman has reached the age of 14 and the male 16.  Acceptable standards world wide at this point recognize that there should be no difference in age and that it should be 18 for both.  Could some Catholic legal minds begin to articulate a cohesive argument based on Catholic reasoning that would encourage Canon lawyers to begin the process to change Canon Law."

Canon 1083 indeed views marriage to be valid if the "woman" is 14 and the male 16.  Each episcopal conference has the authority to set a higher minimum age as a prohibitive impediment to marriage.  Some have apparently done so; e.g., in Canada and New Zealand the age is 18 for both.  The USCCB has not acted to set a higher minimum wage.

Any thoughts on the issue? 

Engaging Religion as a Worldview

I think there is much truth to Rob's suggestion that what is needed is to engage religion as a worldview and that "if we can get students inside the tradition...they might be able to appreciate the perspective offered by the religious lens, even if they do not adopt it themselves."  That has certainly been my experience in teaching my seminar in Catholic Social Thought and the Law over the last couple of years.

The seminar draws both a range of Catholic students (by which I means students who both know a lot about and take their Catholicism seriously and those who were raised Catholic, but whose Catholicism has little impact on their lives) and non-Catholic students.  I have had a number of students - Catholic and non-Catholic - come to me at the end of the day and express some version of, "I always thought the Catholics were out to lunch on this issue or that, but now I can understand where their views come from.  Once you understand the fundamental principles under which they operate, a lot makes sense.  I don't necessarily agree on x or y, but I see where they are coming from."

Both of what Rob defines as essential steps are present in the case of my seminar - i.e., taught by someone who believes the religion is true (even though I don't hide that there are issues on which the Church's position is one with which I struggle) and avoiding the survey approach (although I do encourage non-Catholic students to contribute, if they can, the positions of their own faith on the issues we are discussing). 

Tuesday, March 13, 2007

More on Hedonic Damages

Coincidentally, another pair of authors has just posted a paper ("Does Happiness Adapt: A Longitudinal Study of Disability with Implications for Economist and Judges", Oswald & Powdthadee) arguing that damage awards for disabling events ought to take into account the possibility of hedonic adaptation of those who are disabled: 

Economics ignores the possibility of hedonic adaptation (the idea that people bounce back from utility shocks). This paper argues that economists are wrong to do so. It provides longitudinal evidence that individuals who become disabled go on to exhibit recovery in mental wellbeing. Adaptation to severe disability, however, is shown to be incomplete. The paper suggests ways to calculate the level of compensatory damages for the pain and suffering from disablement. Courts all over the world currently use ad hoc methods.

While I haven't read the article, it's bound to be even more convincing than the Bagenstos & Schlanger article, because (1) it uses British data, and (2) it uses lots & lots of economics.....

Religious Literacy: Zoology v. Worldview

Commenting on Stephen Prothero's essay, Rick suggests that the Catholic legal theory / university project(s) need to do more than combat religious illiteracy.  I agree that teaching about a religion cannot compare to teaching from within a religion, which is why I was nervous about Harvard's proposed religion curriculum.  If pursuing religious literacy results in a sort of religious zoology class in which these exotic religious animals are classified and summarized for purposes of a final exam, I think I'll pass.  It's the Bible-as-Literature phenomenon that many of us experienced as undergraduates: when there is no effort to enter into the tradition as a whole, rather than poking and prodding at bits and pieces of it, the effect can be unsettling for believers and a waste of time for unbelievers.  At the same time, if the only way to combat religious illiteracy is to help students embrace religious claims as truth claims, the project is a non-starter on most campuses.  The challenge, in my view, is to engage religion as a worldview, not as a loose collection of propositions to be dissected.  If we can get students inside the tradition -- if only for a moment -- they might be able to appreciate the perspective offered by the religious lens, even if they do not adopt it themselves.  I'm not entirely sure how to pull this off, but two steps seem essential: 1) having the class taught by someone who actually believes that the religion is true (or at least treats the religion as true in her life); and 2) avoiding the "survey of religions" courses, which are practically incapable of exploring a particular tradition to the extent necessary to allow the students to "get inside" the worldview.

Perinatal Hospice

One of the hardest cases for continuing with a pregnancy arises when prenatal testing reveals that the baby has a fatal condition.  But parents who take this extraordinarily brave step are increasingly finding support.  The NYT, in an article entitled "A Place to Turn When a Newborn is Fated to Die," reports that:

Most couples choose to have an abortion when they learn that the fetus has a fatal condition. But experts say about 20 to 40 percent of families given such diagnoses opt to carry the pregnancy to term, and an increasing number of them . . . have turned to programs called perinatal hospice for help with the practical and spiritual questions that arise.

It's amazing to me what grace some of the parents report finding in the sorrow of this experience.  The article ends with:

Alaina’s birth and the family’s discussions with Mr. Lund have made them think a great deal about God’s role.

“When we were expecting Alaina, people said, ‘You’re in our prayers,’ ” Mrs. Kilibarda said. “But people were praying to make it a mistake, to make it all better for us.

“We weren’t asking, ‘Make it all better,’ ” she said. “God doesn’t come down and touch you to heal you. He sends people to be with you.”

Hospice workers encouraged the Kilibardas to make memories with Alaina. So while parents of healthy newborns might avoid crowds or other situations where their children might get sick, the Kilibardas have taken their daughter to their favorite coffee shop, the houses of friends and big family get-togethers. They want to know, they said, that she was once in places that mean something to them, like the cold forests of northern Minnesota where Mr. Kilibarda grew up and where they recently took her.

“I want to go through this with my eyes open,” he said, explaining why he turned to the hospice program. “I want to feel every ounce of pain, of happiness, because if I avoid it now, it will come back to bite me. I want to experience grace. What does that mean, because it’s such a vague term?

“I’m still trying to figure it out. I think I’ll experience it when this event comes complete,” he said, as his voice cracked, “when she passes.”

The article quotes a friend of mine, Amy Kuebelbeck, a major force in the perinatal hospice movement.  She's written an absolutely beautiful book about her experience, Waiting with Gabriel:  A Story of Cherishing a Baby's Brief Life.

Apostolic Exhortation: Sacramentum Caritatis

Here is the link [HERE] to the Holy Father's Apostolic Exhortation Sacramentum Caritatis.

RJA sj

Apostolic Exhortation

Although I don't yet see a link to it online, Pope Benedict issued today an Apostolic Exhortation that, among other things, reiterated the non-negotiability of the Church opposition to gay marriage and reaffirmed the Church's law on celibacy in an all-male priesthood.  The document also speaks of the duty of Catholic politicians and legislators on issues regarding respect for human life.  For Reuters' description, see here.

Update: The link to the document is here.   Thanks for MOJ reader Ryan Anderson for sending me the link.

Vatican T.V.

Do you suppose they're likely to pick up The Sopranos?

Days after Pope Benedict XVI criticized the media for its "destructive" influence, the Vatican on Monday announced plans to launch its first television network by the end of the year.

H2O will broadcast news and original entertainment programming worldwide in seven languages, according to a statement. Additional details were sketchy.

Monday, March 12, 2007

"About" religion or "from" religion?

Lisa's post, about Stephen Prothero's critique of religious illiteracy, raises -- as she notes -- a great question:  Is the "Catholic legal theory" project (or, more generally, the "Catholic university" project) more about (a) responding to, and ameliorating, religious illiterarcy (by educating the relevant audiences about the existence and content of the Catholic tradition and perspective), or (b) looking, as Catholics, for the truth and speaking, as Catholics, about and to the world? 

I know that, in my life as a religious-liberty litigator, I often talked in "viewpoint-neutrality / public-forum" terms about the importance of giving the "religious perspective" a "place at the table."  For better or worse, I now have serious doubts about this approach.  I do think, that the point of a Catholic university / law school / legal scholar has to be about more (which is not to say it cannot also be about) responding to the problem Prothero identifies.

On an entirely different front, it strikes me, from the Prothero quotes that Lisa provides, that Prothero is assuming quite a bit about the political implications of increased religious literacy.

Religious Illiteracy as a Civic Problem

Stephen Prothero, Chairman of the Religion Department at Boston University and author of a book just coming out this month, Religious Literacy:  What Every American Needs to Know, has an interesting article in the Chronicle of Higher Education (subscription required) that appears to lay out the themes of his new book.  He presents a sobering view of the state of knowledge about religion in general that we should expect of (1)  our students and (2) the general public. 

For the past two years, I have given students in my introductory religious-studies course at Boston University a religious-literacy quiz. I ask them to list the four Gospels, Roman Catholicism's seven sacraments, and the Ten Commandments. I ask them to name the holy book of Islam. They do not fare well.

In their quizzes, they inform me that Ramadan is a Jewish holiday, that Revelation is one of the first five books of the Hebrew Bible, and that Paul led the Israelites on the Exodus out of Egypt. This year I had a Hindu student who couldn't name one Hindu scripture, a Baptist student who didn't know that "Blessed are the poor in spirit" is a Bible quote, and Catholic students unfamiliar with the golden rule. Over the past two years, only 17 percent of my students passed the quiz.

He also articulates some good arguments for why religious illiteracy is a "civic problem":

One might imagine that religious illiteracy is nothing more than a religious problem — a challenge for ministers, priests, rabbis, and imams. But in the United States today, presidents quote from the Bible during their inauguration speeches, members of Congress cite the "Good Samaritan" story in debates over immigration legislation, and politicians of all stripes invoke the Book of Genesis in debates over the environment. So religious ignorance is a civic problem, too.

In an era when the public square is, rightly or wrongly, awash in religious rhetoric, can one really participate fully in public life without knowing something about Christianity and the world's other major religions? Is it possible to decide whether intelligent design is "religious" or "scientific" without some knowledge of religion as well as science? Is it possible to determine whether the effort to yoke Christianity and "family values" makes sense without knowing what sort of "family man" Jesus was? Is it possible to adjudicate between President Bush's description of Islam as a religion of peace and the conviction of many televangelists that Islam is a religion of war, without some basic information about Muhammad and the Quran?

Unfortunately, U.S. citizens today lack this basic religious literacy. As a result, many Americans are too easily swayed by demagogues. Few of us are able to challenge claims made by politicians or pundits about Islam's place in the war on terrorism, or about what the Bible says concerning homosexuality. This ignorance imperils our public life, putting citizens in the thrall of talking heads and effectively transferring power from the Third Estate (the people) to the Fourth (the press).

But he stops short of where I think a lot of these conversations in Catholic universities tend to go, when they take place:

In recent years, George M. Marsden, a historian at the University of Notre Dame, and Warren A. Nord, a lecturer in philosophy at the University of North Carolina at Chapel Hill, have argued for the return of "normative religious teaching" to American colleges and universities. They want professors not only to describe religious traditions but also to weigh in on their vices and virtues. Each of these scholars has also argued that it is essential for students to learn "religious perspectives" in disciplines other than religious studies — to study theological critiques of classical economics and "religious interpretations of history." "There should be room," writes Nord, for both objective analysis of religion and "normative reflection on religion."

What Marsden and Nord seem to want is to make colleges and universities (or pockets of them) into religious places once again — to resurrect the big questions of God, creation, and sin not only in departments of religion but also in courses in philosophy and economics and history and political science. My proposal is more modest and less controversial. I simply want to persuade the lords of American higher education to stop trivializing this subject. There is no reason not to expect from America's future leaders at least minimal religious literacy.

It seems to me that much of the conversation about CLT assumes agreement with the Marsden/Nord approach.  Am I wrong?  Is there any value to thinking about some of what we are trying to do from the Prothero approach?