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, September 20, 2007

Warm fuzzies for God from North Korea

The North Korean army is worried:

Religion “is spreading like a cancer inside North Korea’s armed forces, whose mission is to defend Socialism;” for this reason it “must be eradicated without delay since it comes from our enemies from around the world,” this according to a booklet prepared by the Propaganda Department of the North Korean Army titled Saving Our Soldiers from the Threat of Religion. A copy reached a member of the Committee for the Democratisation of North Korea, a group of political exiles and refugees that had it translated and released. . . .

“Religion and superstition are like poison that corrupts socialism and paralyses class consciousness. Our soldiers must, more than ever, instigate a revolutionary awakening to defy the enemies’ manoeuvres.”

Religious worship is allowed in North Korea as long as it is the personality cult of Kim Jong-Il and his father, the late Kim Il-Sung.

Followers of traditional religions have obstacles to surmount, especially Buddhists and Christians, such as joining Communist Party-controlled organisations.

Those who do not join are persecuted, often brutally and violently. Anyone engaged in any kind of missionary activity is the recipient of a similar treatment.

Since the end of the Korean War in 1953 about 300,000 Christians have disappeared in North Korea—any priest or nun who was alive then has disappeared, most likely persecuted to death.

Maybe Kim Jong-il has been reading Christopher Hitchens . . .

Wednesday, September 19, 2007

Intelligent Design and Conservative Journalism

John Farrell tears into conservative-leaning journals for their unthinking embrace of Intelligent Design.  The most reasonable treatment of science among conservative journals happens, in his view, in the most religious one: First Things.  He complains:

[A]s far as the current generation of gadflies posting 'science' articles to National Review and the American Spectator are concerned, if the philosophy suggested by science is intimidating or disturbing...well--by all means then, out with the baby along with the bathwater. Let's raise a generation of scientific illiterates so that they will have even fewer options to prosper in the challenging world of the future.

Rod Dreher's comments capture much of my own reaction:

[M]y personal sympathies are with the ID crowd. But that's not the same thing as saying I agree with them. To be sure, I believe in God, and that He created all life. It doesn't much matter to me how He did it. I am comfortable with the idea of Darwinian evolution, so I don't have anything personally at stake in this argument. At least I don't feel any personal stakes. I have a stack of books on my shelf that I've been meaning to get into to learn more about the controversy, but my intellectual curiosity simply doesn't run toward this issue. I find that I'm more engaged in trying to make sure the ID advocates get a fair hearing, because I don't like the way those opposed to them try to shout them down instead of engaging and attempting to rebut them.

Colbert on Mother Teresa

Readers might be interested in Stephen Colbert's interview of James Martin, S.J. about the recent revelations of Mother Teresa's spiritual despair.

More on the CDF Response on Food and Hydration

Many thanks to Rick for his posting the CDF's Response to the USCCB's inquiry regarding food and hydration and several of the comments the Response has produced. The CDF also issued its own commentary, which is HERE .   RJA sj

The CDF on food and hydration

Here is a link to the English translation of the CDF's recent response to questions from the USCCB on food and hydration for patients in a persistent vegetative state.  The response states, among other things, that even when the vegetative state is persistent, "the provision of water and food, even by artificial means, always represents a natural means for preserving life, and is not a therapeutic treatment" (emphases original).

Here are some initial thoughts, by Paul Lauritzen, at Commonweal.  Here are comments from the National Catholic Bioethics Center.  Here is the USCCB's statement, commenting on the response.

Tuesday, September 18, 2007

Religious Exemptions?

This looks to be of interest:  Martha Minow (Harvard Law), Should Religious Groups Be Exempt from Civil Rights Laws?

Here's the abstract:

Should a private religious university lose its tax exempt status if it bans interracial dating? Should a religious school be able fire a pregnant married teacher because her continued work would violate the church's view that mothers of young children should not work outside the home? Should a religious social service agency, such as Catholic Charities, be exempt from a state regulation banning discrimination in the delivery of social services on the basis of sexual orientation? Should religious organizations be exempt from civil rights laws? This article argues that these questions raised difficult normative issues that have been answered practically by reference to the varying effects of historical social movements, producing the differential treatment of race, gender, and sexual orientation laws. The article explores avenues for negotiating solutions other than full exemptions or no exemptions. Besides the instrumental goal of solving - or avoiding - complex political and legal problems, this question of stance injects the dimensions of virtue ethics and value-added negotiation. In so doing the article proposes ways to pursue productive stances toward clashes over religious exemption claims is highly relevant to sustaining and replenishing both American pluralism and constitutional protections for minority groups.

And the link.

Revisiting Eduardo's Paper

I had occasion this week to re-read Eduardo's paper, which, IMHO, is terrific.  I commend it to MOJ-readers.

Eduardo M. Penalver, Is Public Reason Counterproductive?

Here's the abstract:

The debate over the proper role of religion in public life has raged on for decades and shows little signs of slowing down. Proponents of restrictive accounts of public reason have proceeded under the assumption that religious and deep moral disagreement constitutes a threat to social stability that must be tamed. In contrast to this "scary story" linking pluralism with the threat of instability, there exists within political theory a competing, "happy story" according to which pluralism affirmatively contributes to stability by creating incentives for groups to moderate their demands. Whether the scary story or happy story is a more accurate reflection of our reality is a difficult empirical question, but one that ought to matter a great deal to discussions of public reason. Acting as if the scary story were true when the happy story is in fact operating will lead proponents of public reason to stifle the healthful effects of robust pluralism, degrading the quality of public deliberation and ultimately undermining stability. In other words, if the happy story turns out to be the right one, restrictive accounts of public reason may turn out to be counterproductive, hastening the very deliberative and social harms they aim to forestall.

And here's the link.

Maritain on truth and tolerance

This from Jacques Maritain's Reflections on America (link):

One happens sometimes to meet people who think that a primary condition of tolerance and peaceful co-existence is not to believe in any truth or not to adhere firmly to any assertion as unshakeably true in itself. May I say that these people are, in fact, the most intolerant people, for if perchance they were to believe in something as unshakeably true, they would feel compelled by the same stroke to impose by force and coercion their own belief on their fellow men. The only remedy they have found for their abiding tendency to fanaticism is to cut themselves off from truth. As a result, they insist that whoever knows or claims to know truth or justice simply cannot be a good citizen "because he cannot and is not expected to admit the possibility of a view different from his own, the true view."

Well, if it were true that whoever knows or claims to know truth or justice cannot admit the possibility of a view different from his own, and is bound to impose his true view on other people by violence, the rational animal would be the most dangerous of beasts. In reality, it is through rational means, that is, through persuasion, not coercion, that man is bound by his very nature to try to induce others to share in what he knows or claims to know as true and just. Be it a question of science, metaphysics, or religion, the man who says "What is truth?", as Pilate did, is not a tolerant man, but a betrayer of the human race. There is, in other words, real and genuine tolerance only when a man is firmly and absolutely convinced of a truth, or of what he holds to be a truth, and when, at the same time, he recognizes the right of those who deny this truth to exist, and to contradict him, and to speak their own mind, not because they are free from truth but because they seek truth in their own way, and because he respects in them human nature and human dignity, and those very resources and living springs of the intellect and of conscience which make them potentially capable of attaining the truth he loves, if some day they happen to see it.

The views I have just criticized about the "what is truth?" supposedly required by mutual toleration are not specifically American -- it was Kelsen who made a system of them. Moreover, when you hear, them expressed -- not infrequently, I would say -- in this country, they are much more an easy-going way of speaking than an expression of serious views to be put into practice. In actual fact what people think is rather that a kind of humility always keeps pace with the spirit of tolerance. And this is perfectly true.

I don't believe, nevertheless, that it is without utility explicitly to realize that doubt and intellectual timidity are not a prerequisite for mutual toleration; and that it is truth, not ignorance, which makes us humble, and gives us the sense of what remains unknown in our very knowledge. In one sense there is wisdom in appealing to our ignorance, if we mean the ignorance of those who know, not the ignorance of those who are in the dark.

For more on the matter, there's always the Pope.

"In Search of the Common Good"

Over at the Marty Center's Religion and Culture web forum, I am some others have posted some thoughts in response to Lew Daly's essay, "In Search of the Common Good:  The Catholic Roots of American Liberalism."  Here's the link to the thread.  (I think that my fellow MOJ bloggers would really enjoy -- and enjoy posting about! -- Daly's essay.)

UPDATE:  A reader passes on this link, to the wonderful "Whispers in the Loggia" blog, where you can read a long excerpt from Archbishop Wuerl's Labor Day homily, which is heavy on CST.

Conaway v. Deane

Today Maryland's high court rejected a state constitutional claim for same-sex marriage.  Dale Carpenter comments:

The Maryland court rejected the argument that the ban on gay marriages is a form of sex discrimination, though it called that argument "beguiling." It rejected the argument that sexual orientation discrimination should be subjected to heightened scrutiny, citing gays' legislative success in the state as evidence the group is not "politically powerless" and thus needs no unusual judicial protection from the majority. It added that there is not yet a sufficient scientific consensus on whether sexual orientation is "immutable." The court also decided that there is no fundamental right to marry another person of the same sex. These conclusions all follow the majority trends in the state courts so far.

Finally, the court concluded that the limitation of marriage to opposite-sex couples is rational because it furthers (however imperfectly) the state's legitimate interest in encouraging procreation. If the correct level of scrutiny is the traditional rational-basis test, this conclusion is hard to dispute.

. . . . When you consider that SSM legal advocates have carefully chosen the most sympathetic venues since Goodridge, this record of losses is especially significant. It means that strong anti-SSM precedents are being created in the friendliest states, making pro-SSM rulings in other states even more unlikely in the near future. Once California is decided, the initial phase of post-Goodridge litigation will have pretty much run its course. That was the phase that was supposed to start an avalanche of pro-SSM judicial rulings that would quickly lead to gay marriage around the country. It didn't happen. Other cases are pending in states like Iowa, and there's nothing to stop gay couples from filing anywhere else, but the odds are now longer. If SSM is to advance much in the near future, it will probably have to come legislatively.