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.

Thursday, July 26, 2007

Thompson's repentance

Another MoJ reader points out that, since the 1991 lobbying work at issue, Thompson has:

come to a very firm pro life position. His Senate record from 1994 until 2002 was perfect; he was endorsed by the National Right to Life in both elections. I believe that his thinking on the matter further benefited from his marriage to a thoughtful pro-life woman, and the births of his two young children (with the attendant diagnostic technologies to view life in the womb, etc.). I think his recent public statements confirm this; he is unequivocally opposed to embryo-destructive research, abortion, etc. Check out his video to the NLRC.

As such, as to whether voting for Thompson could amount to material or formal cooperation with evil, "if a politician repents of a life-destructive view and goes on to consistently affirms pro life values for 15 years, it seems to me that supporting that politician doesn't raise any issues on that score, does it?"

The culpability of a lobbyist

Regarding Fred Thompson's lobbying work on behalf of abortion rights, another MoJ reader observes:

It seems to me that one cannot confidently equate the position advanced by a lawyer who zealously represents his client's interests and the public policy position such a lawyer might advance if elected to a legislative or executive office.  In Senator Thompson's case, a more reliable indicator of how he is likely to execute his office if elected president is his record on abortion legislation while serving in the senate.

On a more theoretical level, would your query extend equally to a criminal defense lawyer who represents one accused of murder?  How about a lawyer who represents a man seeking a civil divorce from his wife so that he might wed the woman with whom he had carried on an affair?  Can the first lawyer, without contradiction, claim that he abhors murder and believes that those who commit it deserve to be punished by the state?  Can the second lawyer justifiably claim that he believes in the sanctity of marriage?  Perhaps, however, you believe that a faithful Catholic cannot be a criminal defense or divorce lawyer.  Surely you wouldn't contend that a Catholic lawyer may only defend someone he is confident did not commit the crime of which he is accused or may only represent someone seeking a divorce whom he is confident will not remarry, lest he materially cooperate in the commission of sin?

The Boston Globe made a similar point about Thompson, reporting that Christian conservatives have "defended any work [Thompson] may have done as merely a lawyer working for a client."

First, let me be clear that I don't think a Catholic is morally precluded from voting for Thompson.  As someone who has voted for only one pro-life presidential candidate (and that was mainly because, as a senior in high school, I was reacting to the photo of Dukakis in a tank), far be it from me to throw stones.  There might be great reasons to vote for Thompson, his magnificent voice being near the top of the list. 

But I resist any suggestion that we can look past the causes a lawyer chooses to take on.  I agree that a position advanced by a lawyer's client is not the same as the policy position advanced by an elected official.  And I would generally not find fault in a criminal defense lawyer who represents a guilty client.  There are significant structural values furthered in those representations.  But on the civil side -- especially on the lobbying side -- the structural values are less significant, and the market of lawyers is much more robust, at least for clients who can pay.  As I've argued elsewhere,   

When lawyers within a functioning marketplace introduce extralegal norms into the advice they give clients or as the basis for declining a representation, they do not close down the divergent paths by which the common good is realized. In fact, lawyers who bring conscience to bear on their professional identities can help expand and enrich the common good by challenging the presumptions of the governing legal paradigm, whether by critically engaging the substance of the positive law or the objectives that the client wishes to pursue through the positive law.

Granted, I still struggle with the implications of Pope John Paul II's statement that Catholic lawyers "must always decline the use of their profession for ends that are counter to justice, like divorce."  At the very least, though, it's a clear signal that lawyers are accountable for the causes to which they devote their time and talents.  That does not mean that lawyers should only represent "good" clients; often the value of the work derives from the overarching good made possible by the lawyer fulfilling his responsibilities in our system of justice.  Approached by an abortion rights advocacy organization that could afford any number of high-priced lobbyists, I'm not sure what overarching good comes from accepting the representation.  Again, this does not mean that Catholics should not vote for Thompson; but it has to be part of the inquiry if we want to take the moral dimension of lawyering seriously.

Proportionate reasons: electability, not opposition to war

Marquette law student Daniel Suhr echoes Rick's misgivings about Casey Khan's moral analysis of voting for Fred Thompson:

First, let's not be too quick to judge what exactly Senator Thompson did or did not do while a lobbyist. As [yesterday's] Boston Globe points out, many leaders on the Religious Right have acknowledged the complexities of this particular question. And let's remember that Thompson's record on life issues while in the US Senate was stellar.

Second, there can be a proportionate reason in a primary - electability. As we all learned in the 2004 Pennsylvania US Senate primary between Senator Specter and Congressman Toomey, many reasoned, conservative Catholics like Senator Santorum believed that a candidate's chances of winning constituted a proportionate reason to support a pro-choice candidate. Many pundits and analysts say, with good reason, that Senator Thompson may be the GOP's best chance at holding on to the White House in 2008.

Third, being wholeheartedly against the War in Iraq is not a proportionate reason for being pro-choice. As Archbishop Myers reminded us in the run up to the 2004 election, the Pope did not bind the conscience of Catholics to oppose the War in Iraq - he merely expressed his own prudential judgement on the question. Moreover, as the Archbishop points out, we must remember what we are balancing here - the lives of 1.3 million unborn children in America every year. Virtually no other modern policy issue - not taxes, welfare benefits, minimum wage, farm subsidies, the war - compares on that scale.

As a primary voter, Casey is entitled to go for idealism. But Ron Paul is a non-starter as a serious candidate for president. I, for one, am looking for a candidate who is both ideologically compatible and electable. Senator Thompson, among other Republicans, fits that bill.

MOJ leads, CTSA follows . . .

Commonweal magazine has this editorial about a recent speech by the President of the Catholic Theological Society of America in which he called for more dialogue, and less reflexive hostility, between and among Catholics who disagree.  The editors write:

What dialogue will not obscure, of course, is that the differences among Catholics are not trivial. All the more important then, as Finn pointed out, to “meet for conversations not just with your allies but with your strongest opponents as well.” If there is to be any hope for an ecclesiology of communion, it is important that bishops, clergy, theologians, and the laity build personal relationships. The first step in building a relationship is to begin talking with one another, and the only hope for sustaining one is to continue talking.

Mirror of Justice:  Catholic lawyers, who sometimes disagree, talking about non-trivial things, since 2004.

Influential religion blogs

Dang.  Although, as Rob reported earlier, Mirror of Justice made Joe Carter's list of the top religion-related blogs, it looks like we didn't make the cut at the London Times.  (See Jean Raber's helpful correction to the list, here at Commonweal.  Unfortunately, she also leaves off MOJ!)

Recovering Self-Evident Truths?

Have your ordered your copy yet?

China round-up

Amy Welborn has a bunch of links relating the the Church in China, the Pope's letter on the same, etc., here.  And, here are some of Adam Minter's latest thoughts. Sandro Magister writes:

The letter written by Benedict XVI to the Catholics of China dictates exactly the conditions for leading back to unity – in the fidelity of all to Rome and in accord with the state authorities – the Catholics of this country, healing the fracture between the official Church and the clandestine one.

Picking a candidate / cooperating with evil

In my view, Casey Khan's arguments about Fred Thompson, Ron Paul, and cooperating with evil are not very persuasive.  (Full disclosure:  I have donated money to the Thompson exploratory effort and intend, at present, to support him if he runs.)  For starters, although I also like the views, and respect the persons, of Sam Brownback and Mike Huckabee, neither will ever, ever be the President, and so it strikes me as a bit close to empty moral preening to insist that pro-life Catholics need to support them in the primaries to avoid culpable cooperation with evil.  They are as likely to be the President -- indeed, they are as likely to be the Republican nominee -- as, say, Cardinal George or Dorothy Day.    

Like Rob, I was disappointed by the news that Thompson lobbied, more than 15 years ago, for a few hours, on behalf of an abortion-rights group -- one of his large law firm's clients -- trying to lift the so-called "gag rule."  I would have -- I hope -- refused to do this work, and I wish Thompson had refused.  And, I was also disappointed by his organization's initial not-straightforward response to the news.  (Yuval Levin has a good post about the issue, here.)  Still, it seems to me that (a) there is no "seamless garment" candidate and so, all things considered, the common good and religious freedom are better served by an executive branch staffed by a Republican administration, and by judges nominated by a Republican president, than by the Administration of any of the three or four plausible Democratic candidates (as I have always said on this blog, I understand and believe that pro-life, reasonable, faithful Catholics -- and also Tom Berg! -- can and do disagree about this), (b) at present, the only plausible Republican candidates are Romney, McCain, Giuliani, and Thompson, (c) Thompson's voting record, during the years he spent in the Senate -- as opposed to the few hours he billed lobbying to lift the gag-rule -- is, like Sen. McCain's, quite good on abortion and stem-cell research.

Khan's cooperation-with-evil argument seems to assume that a voter needs to worry about whether a vote for Thompson is culpable cooperation with Thompson's (let's assume) immoral act of lobbying to lift the gag-rule.  But, it seems to me, this is not at all the question.  Thompson is not running as the "lift the gag rule" candidate; quite the contrary.  When it comes to abortion, voting for Thompson (or McCain, or Romney) would be voting for an Administration that would support reasonable regulations of abortion and nominate judges more likely to uphold reasonable regulations of abortion.

Wednesday, July 25, 2007

An assist for reading Jesus of Nazareth

I have followed some of the earlier MOJ discussion on the Pope’s recently published book, Jesus of Nazareth. I am reading the same volume now, although in Italian—so my progress is slow. I am not sure I have any answers for the questions that Michael Scaperlanda has posed, but I would like to suggest an insight that can help with how this work of the Pope assists the CLT project. Obviously the Pope is addressing a type of authority: Biblical. But he is putting it in the context of another authority: the Magisterium. As a Catholic, he is much affected by these sources of authority, which he (and I) consider good. But as a German, he was much affected by another authority: that of the totalitarian state. And in this context, he witnessed the dangers of a godless authority that was subjective and based on the whim of the totalitarian state. I have read the Pope’s short autobiography, Milestones: Memoirs 1927-1977. From this book, I have been able to make some relevant connections between Joseph Ratzinger the Catholic, the theologian, and the pastor and the proper role of authority in Christian life. As Rick Garnett says, check it out (i.e., Milestones). You may find that having Milestones as a background and point of reference will place Jesus of Nazareth in a more accessible context that has a bearing on applying Pope Benedict’s new book to our CLT efforts.   RJA sj

More on Thompson

Regarding my post on Fred Thompson, MoJ reader Casey Khan comments:

Thompson's action of lobbying for lifting restraints on abortion counseling is an act of formal cooperation with evil.  Thompson essentially made the the act of pro-abortion counseling his own.  Thompson is in a state of manifest grave sin (add Romney and Giuliani to the list for similar reasons).

The question for the voter is would a vote for Thompson constitute cooperation with evil.  If one votes for Thompson based on his pro-abortion views or actions would engage in formal cooperation with evil which is never justified.  However, one can materially cooperate with evil if there is some other proportionate reason justifying it. . . . The difficulty here is what constitutes a proportionate reason. . . .

The bigger problem with Thompson is we don't know what, if anything Thompson really stands for.  So I can't figure out what proportionate reason a Catholic should be voting for Thompson, especially during the primary elections.  There may be a proportionate reason in picking the lesser of two evils in the national election against Hillary Clinton, but at this early stage, that argument doesn't fly.

I think Catholics have a number of other options which I think present potential proportionate reasons if the candidate is a pro-abort.  These would fall on the Democratic side with the anti-war candidates of Kuchinick and Gravel.  If the Catholic views the Iraq war as unjustified and destructive of the common good in the Middle East at our own government's hands, voting for a politician which the voter thinks will bring about a just resolution to this pressing matter may present a proportionate reason.  Of course, on the Republican side there are choices that one could pick which does not in anyway cooperate with the evil of abortion.  These candidates are naturally in the lower tier (big media is a part of the culture of death).  Huckabee, Brownback, and Paul are three notable second tier candidates which Catholics could get behind. I think the Catholic who thinks that both abortion (per se) and the Iraq war (in this particular situation) are unjustified, does not have to materially cooperate with evil in either instance and strain to find proportionate justifications in voting for a presidential candidate.  As such, I'm backing Ron Paul.  The primary stage is the time for idealism, particularly for the Catholic who wants to see an end to the culture of death.