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, October 3, 2007

Novak on MoJ on Ave Maria

Over at National Review, Michael Novak objects to our joint statement on the situation at Ave Maria Law School.  An excerpt:

The Mirror of Justice accusations don’t seem to measure up. For one thing, I don’t understand how those who signed the public letter denouncing Ave Maria School of Law fail to consider — or even to present for others — the relevant background on both sides of this unfortunate dispute. Their statement has a prosecutorial ring, and yet it appears to be based on little evidence. Making such accusations, particularly against a school with a Board constituted by two Roman Catholic Cardinals of vast practical experience (Maida of Detroit — and now the Vatican — and Egan of New York), eight other distinguished persons, of varying professions (mainly the law), plus two de jure members, suggests a need for disclosure. Instead, Mirror of Justice has failed to disclose the facts (or has insufficient evidence), and nonetheless proceeds as though in a prosecutorial manner. In fact, it has been publicly reported that one of the signers of the Mirror of Justice statement has been retained to help make a case against AMSL before the American Bar Association.

. . . .

On the whole, I have found it best to steer clear of such hornets’ nests. Sometimes, though, a violation of fairness seems so flagrant that one feels a duty to ask all contenders to step back, slowly examine the evidence on all sides, hear the best arguments from each, and then try to go forward in fairness and justice. Law professors, above all, should wish to hear both sides of a case. So should we all.

Some very good people have gone public in this dispute. It seems important for all to listen more systematically to those on the side opposite to their own.

Sexual friendships

What is the effect of removing sex from its usual relational context?  The first study of the "friends with benefits" cultural phenomenon finds:

“We found,” Dr. Levine said, “that people got into these relationships because they didn’t want commitment. It was perceived as a safe relationship, at least at first. But also that there was this growing fear that the one person would become more attracted than the other.”

Yet, he added, the overall qualities of the relationships appeared to be true to the name. On standard psychological measures, they appeared more like friendships than romances.

Friends with benefits scored in the middle on a scale assessing intimacy and low on passion and commitment, the study found. “When scores were compared to previous findings with romantic couples, scores on all three dimensions were lower, with the largest differences observed in commitment followed by passion,” the authors wrote.

Call for papers

MoJ readers might be interested in knowing that the Journal of Law & Religion will be celebrating its 25th anniversary next year and has issued a wide-open call for papers in conjunction with that milestone.

Discussing Peace, Online

Sept. 24, 2007

Journal of Religion, Conflict, and Peace launches

online scholarly discussion of role of religion in peace

The Journal of Religion, Conflict, and Peace debuts this week at www.religionconflictpeace.org. The online scholarly journal, published by a collaborative of Indiana’s three historic peace colleges, is a forum for discussion of the role of religion in both conflict and peacebuilding.

The premier issue of the Journal features articles by nine major thinkers in theology, ethics, religious studies and conflict transformation. Readers may access the articles about religion as a source of conflict and as a resource for peace without subscription and distribute them (with attribution and unaltered) freely. A “letters to the editor” feature further encourages dialogue among readers and scholars.

Initial topics range from the role of religion in the global war on terrorism by Douglas Johnston, president of the International Center for Religion & Diplomacy, to an argument for recanonizing scripture to exclude violent texts by secular humanist Hector Avalos of Iowa State University. Daniel Maguire of Marquette University brings his expertise on moral theological ethics and ordained Soto priest Brian Victoria at Antioch College identifies a “holy war” tradition in all major faiths and calls for its rejection universally.

The online journal is a project of the Plowshares peace studies collaborative of Earlham, Goshen and Manchester Colleges funded by Lilly Endowment Inc. Joseph Liechty, associate professor of peace studies at Goshen College, is editor. Contact him at 574-535-7802 or [email protected]

Cooperation with Evil at Boston College

Catholic Faith and Cooperation in a Pluralistic Society:
Navigating Conflicts Between Conscience and the the Law
 
    Panel Discussion. The panelists are Edward A. Hartnett, Prof. of Law, Seton Hall Univ. School of Law; M. Cathleen Kaveny, Prof. of Law and Theology, Univ. of Notre Dame Law School; James F. Keenan, S.J., Prof. of Theology, Boston College; and Very Rev. Russell E. Smith, Senior Director of Ethics, Catholic Health Association. The panelists will discuss the ways in which the principle of cooperation, drawn from the tradition of Catholic moral theology, can help us to think through the issues that arise out of the Catholic imperative to serve the public good in a complex world where law and policy are sometimes in conflict with Catholic moral principles.
Date and Time:
  Thursday, October 11, 2007 | 4:00 p.m.   
Location:
 
Law School, Newton campus, East Wing 120
Event URL:
 
Of Interest to Particular Audience:
  Faculty, Graduate Students, Public, Undergraduate Students
Categorized as:
  Conferences, Lectures & Readings, Reason-Culture-Faith, Religious, Seminars
Sponsored by:
  Law School and Church in the 21st Century Center
Contact:
  Gregory A. Kalscheur, S.J., Law School
Contact's Phone:
  617-552-6850
Contact's Email:
  [email protected]
Admission fee:
  free
Parking & Directions :
  www.bc.edu/about/maps

Religious Employers and Prescription Contraception Coverage

Predictably (at least in  my view), the Supreme Court declined to grant cert. in Catholic Charities of the Diocese of Albany v. Serio.  Like a similar California case, which the Court also declined to review, the New York Court of Appeals had upheld the application of a state law requiring employers who provide any prescription coverage to also provide prescription contraception coverage to Catholic Charities.  The New York decision is here.  We've blogged here on Mirror of Justice on this issue in the past and I discuss the issue of requiring religious organizations to provide such coverage an article linked on the side bar.  (State Attempts to Define Religion: the Ramifications of Applying Mandatory Prescription Contraception Coverage Statutes to Religious Employers.)

Tuesday, October 2, 2007

Question on Catholic hermeneutics

Here's a question from an evangelical MoJ reader:

I'm sure you're familiar with all the problems and divisions Evangelicals have concerning science and scripture.  It seems that Catholics don't sweat trying to figure out things like exactly who Adam or Noah were or whether God may have created life through evolution (or maybe that's a misperception).   Why is that?  What kind of hermeneutic do Catholics employ here -- do Catholics take some of the early parts of scripture as only figurative?  Are there some official documents on hermeneutics that discuss this?

UPDATE:  Villanova law prof Mike Moreland responds:

It seems to me that Catholic biblical exegesis, since the time of Origen, Augustine, and Jerome, has distinguished between the literal and spiritual senses of scripture, with the spiritual sense commonly divided further among the allegorical, the moral, and the anagogical senses. Aquinas simply took the possibility of several senses of scripture for granted in Ia, q.1, a.10. Obviously, there's an enormous range of material to consider on such a complicated question, but a classic study is Henri de Lubac's multi-volume Exégèse médiévale, which Eerdmans brought out in a new edition and translation a few years ago (Medieval Exegesis: The Four Senses of Scripture, 2 vols.). The most important recent magisterial pronouncement, of course, is Dei Verbum, the Dogmatic Constitution on Revelation from Vatican II, though its discussion of the interpretation problem is brief.

Boston College law prof Greg Kalscheur, S.J. also recommends Dei Verbum, "especially Chapter III (Sacred Scripture: Its Divine Inspiration and its Interpretation) and a 1993 document from the Pontifical Biblical Commission, The Intepretation of the Bible in the Church, which can be found in vol. 23 of Origins, issue 29 (Jan. 6, 1994).  The latter document is a very helpful comprehensive discussion of the usefulness of a variety of hermeneutical methods."  Jonathan Watson recommends online resources here, here, and here.

UPDATE #2: Thanks to David Buysse for passing along this (somewhat puzzling, in my view) quote from Origen's De principiis, IV, II, ix:

Divine wisdom has arranged for certain stumbling-blocks and interruptions of the historical sense to be found therein, by inserting in the midst a number of impossibilities and incongruities, in order that the very interruption of the narrative might as it were present a barrier to the reader and lead him to refuse to proceed along the pathway of the ordinary meaning: and so, by shutting us out and debarring us from that, might recall us to the beginning of another way, and might thereby bring us, through the entrance of a narrow footpath, to a higher and loftier road and lay open the immense breadth of the divine wisdom.

Monday, October 1, 2007

Sulmasy on Emergency Contraception

On the topic of the Connecticut bishops' decision to comply with a new state law requiring Catholic hospitals to distribute emergency contraception (Plan B, not RU-486) to rape victims without an ovulation test, a reader emailed me an article from the December 2006 issue of the Kennedy Institute of Ethics Journal by Daniel Sulmasy titled Emergency Contraception for Women Who Have Been Raped: Must Catholics Test for Ovulation, or Is Testing for Pregnancy Morally Sufficient?  Here is the abstract:

On the grounds that rape is an act of violence, not a natural act of intercourse, Roman Catholic teaching traditionally has permitted women who have been raped to take steps to prevent pregnancy, while consistently prohibiting abortion even in the case of rape. Recent scientific evidence that emergency contraception (EC) works primarily by preventing ovulation, not by preventing implantation or by aborting implanted embryos, has led Church authorities to permit the use of EC drugs in the setting of rape. Doubts about whether an abortifacient effect of EC drugs has been completely disproven have led to controversy within the Church about whether it is sufficient to determine that a woman is not pregnant before using EC drugs or whether one must establish that she has not recently ovulated. This article presents clinical, epidemiological, and ethical arguments why testing for pregnancy should be morally sufficient for a faith community that is strongly opposed to abortion.

From the article itself:

The real heart of this issue is the blunt fact that medical science presently has no way of determining whether a woman has conceived until the early embryo has implanted in the wall of the uterus and stimulated the production of substances that can be detected in the blood, about seven days after conception. It is this fact that causes the debate. The ovulation approach attempts (imperfectly) to eliminate any possibility that the woman might have conceived by precluding the prescription of EC drugs for any woman who might be ovulating or about to ovulate. This is a very crude approximation of what we are after. In medical jargon, it is called a “shotgun” approach—hoping to hit the target by intervening with a wide scatter. It is equivalent, for instance, to recommending that all men over the age of 50 have their prostates removed because PSA screening misses some cases of prostate cancer.

Plan B news

The Hartford Courant reports:

In a major softening of their position, the state's Roman Catholic bishops announced Thursday that Catholic hospitals would comply with a new law taking effect Monday that requires all hospitals in the state to dispense emergency contraceptive pills to rape victims.

. . . .

The bishops said Thursday that it is sufficient to require a pregnancy test - and not an ovulation test - before the emergency contraceptive is administered to the rape victim. The law does require a pregnancy test.

"The administration of Plan B pills in this instance cannot be judged to be the commission of an abortion because of such doubt about how Plan B pills and similar drugs work and because of the current impossibility of knowing from the ovulation test whether a new life is present," the bishops said in a statement. "To administer Plan B pills without an ovulation test is not an intrinsically evil act."

Ave Maria News

From the Detroit News:

The alumni board of Ave Maria School of Law has issued a vote of no confidence in the leadership of the Catholic college, the latest attack on an administration that is increasingly the subject of negative Web logs, petitions and complaints.

The alumni board last week called -- for the second time -- for the resignation of Dean Bernard Dobranski and the ouster of board Chairman Thomas Monaghan, the Domino's pizza mogul who has donated more than $50 million to fund the law school. ...

The board's move followed a rebuke earlier this month from a group of Catholic law professors from around the country. The group issued a joint statement sharply criticizing the law school administration's "failure to live their Christian commitment."