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.

Tuesday, December 18, 2007

Michael P.'s Headline a Bit Premature

Yesterday Michael P. posted on the abolition of the death penalty in New Jersey under the headline "No more 'state-endorsed killing' in New Jersey."  MOJ friend John Breen writes the following:

A Bit Premature

Thanks to Michael Perry and Rick Garnett for posting on New Jersey's decision to abolish capital punishment in the Garden State. Although this news is certainly welcome, and deserves to be celebrated, the facts on the ground, as indicated here and here, show that Michael's headline "No More State-endorsed Killing in New Jersey" is a bit premature, to say the least.

Top 10 Stories of 2007?

Christianity Today offers its list of Top 10 stories of 2007 that "have shaped, or will significantly shape, evangelical life, thought, or mission."  Two or three of them might make it onto an analogous list for Catholicism.  If you had to nominate the Top 5 stories of the year that have shaped or will shape the "Catholicism and public life" relation, what would they be?

Tom B.

Waterboarding is torture

I oppose the use of waterboarding, but I admit that I have zero expertise on issues of national security.  The editors of the The Armed Forces Journal, however, are more credible and experienced, and they have made their views crystal clear in response to Rudy "every method they could think of" Giuliani and our linguistically Clintonesque Attorney General Michael Mukasey.  (HT: Sullivan)

In an interview, Giuliani was asked for his views on using “enhanced interrogation techniques,” including waterboarding. He responded that in a hypothetical scenario that assumed an attack, “I would tell the people who had to do the interrogation to use every method they can think of.” Prompted again on the specific use of waterboarding, he repeated “every method they could think of.” Mukasey said he found waterboarding to be “repugnant,” but he wouldn’t answer whether it amounted to torture.

Let AFJ be crystal clear on a subject where these men are opaque: Waterboarding is a torture technique that has its history rooted in the Spanish Inquisition. In 1947, the U.S. prosecuted a Japanese military officer for carrying out a form of waterboarding on a U.S. civilian during World War II.

Waterboarding inflicts on its victims the terror of imminent death. And as with all torture techniques, it is, therefore, an inherently flawed method for gaining reliable information. In short, it doesn’t work. That blunt truth means all U.S. leaders, present and future, should be clear on the issue.

I can't resist offering my favorite description of Giuliani from one of today's leading political theorists, Chris Rock.  Rock explained that Giuliani is great “in a crisis. But in real life Giuliani’s kinda like a pit bull. He’s great when you have a burglar, but if you don’t, he just might eat your kids.”

Interesting New Paper by MOJ-er Susan Stabile

Can Secular Feminists and Catholic Feminists Work Together to Ease the Conflict between Work and Family?

SUSAN J. STABILE
University of St. Thomas - School of Law (Minnesota)


U of St. Thomas Legal Studies Research Paper No. 07-39
University of St. Thomas Law Journal, 2008
 
Abstract:     
Anti-essentialist critiques of feminist legal theory have led to a broadening of feminist theory to reflect the voices of women of color, those of different classes and those of homosexual orientation. However, despite both the insistence on the need to include other voices and the growing development of Catholic feminist theologians, mainstream feminist legal thought has paid insufficient attention to what a religious perspective might add to the secular feminist dialogue about the law. This paper represents the first step in a broader project to explore a Catholic feminist legal perspective.

The Article begins by exploring the theoretical underpinnings of what may be called a Catholic Feminist Legal Theory to see what such a theory adds to secular feminist legal theory. It then considers how that theoretical framework speaks to the relationship between work and family. Work and family make a good starting point for this inquiry in that secular feminists and Catholic feminists share a concern about issues that affect women both generally and in their ability to participate fully in the workplace. They also share a concern about family, albeit not always in the same way. That is, while there are places secular and Catholic feminists can walk together in promoting a restructuring of the workplace to accommodate family, there are also areas in which they part company. This Article represents an effort to see where those points of convergence and divergence lie.

Click here to download.

Monday, December 17, 2007

Sad turn of events at Princeton ...

... involving, inter alia, MOJ-friend Robert George.  Many MOJ-readers will be interested.  Click here and then here.

UPDATE:  here.

A Follow-up to the Carroll op-ed piece

Thanks to Rick for bringing our attention to James Carroll’s sobering column “The Politics of Religion.” The subtlety and nuance of Carroll’s argument disregards some important history regarding the origin of human rights as a subject of interest to politics, the law, and religion. I fear that Carroll puts too much “faith” in the Enlightenment and not enough in God and the proper role of religion. I cannot dispute that some “believers” throughout history have undermined the rights and responsibilities God authored for the human person; however, I am surprised that Carroll, a former priest, could have forgotten important principles of politics, law, and religion on rights promoted by Pope Gregory X in the thirteenth century and Fathers de Vitoria and Suárez in the late sixteenth and early seventeenth centuries (as a few examples). While I suggest their writings enlighten us about authentic human rights I cannot view them as products of the Enlightenment since the preceded it.    RJA sj

Carroll on religion in the Globe

Here's James Carroll's latest op-ed in the Boston Globe.  His views are not mine but, if you are interested . . .   His in-a-nutshell aim is to push back on the Romney-esque idea that religion and political freedom are connected.  He writes, for example:

The politics of human rights, like the idea of individual freedom, were born not in religion but in the Enlightenment struggle against it.

This is not quite right, of course.  But read it for yourself.

Answer to Michael's question

Like Michael, I am delighted by the death-penalty news out of New Jersey.  (As I noted earlier, the New Jersey result is particularly welcome because it is not the result of judicial overreach.)

Michael asks, "[d]oes anyone know if any Republican governors have called for the abolition of the death penalty in the their states?"  George Ryan (IL) comes to mind.

No more "state-endorsed killing" in New Jersey

New York Times
December 17, 2007

Corzine Signs Law Abolishes Death Penalty in New Jersey
By JEREMY W. PETERS

TRENTON — Gov. Jon S. Corzine signed into law a measure repealing New Jersey’s death penalty on Monday, making the state the first in a generation to abolish capital punishment.

Mr. Corzine also issued an order commuting the sentences of the eight men on New Jersey’ death row to life in prison with no possibility of parole, ensuring that they will stay behind bars for the rest of their lives.

In an extended and often passionate speech from his office at the state capitol, Mr. Corzine declared an end to what he called “state-endorsed killing,” and said that New Jersey could serve as a model for other states.

“Today New Jersey is truly evolving,” he said. “I believe society first must determine if its endorsement of violence begets violence, and if violence undermines our commitment to the sanctity of life. To these questions, I answer yes.”

[To read the rest, click here.]

[Does anyone know if any Republican governors have called for the abolition of the death penalty in the their states?]

Equality and the Family

In the current Commonweal, I review Don Browning's Equality and the Family: A Fundamental, Practical Theology of Children, Mothers, and Fathers in Modern Societies.  It's only available online to subscribers, but here's an excerpt:

Browning’s theological method of cultural engagement does not signal religion’s capture of public policy, as feared by those who cry “theocracy” whenever Christian views are aired in debates about the family, marriage in particular.  Instead, theology is one source by which to “create a public philosophy about marriage.”  While marriage is not solely a religious institution, the covenantal and sacramental quality of its religious dimension can be one theme that helps capture marriage’s centrality to personal identity and the social order.  Our public philosophy, according to Browning, must also recognize marriage as a natural institution that satisfies and directs a wide range of natural human inclinations, as a contractual institution between two consenting adults, as a social institution that contributes to the public welfare, and as a communicative relationship that requires a high degree of interpersonal skill and sensitivity.  Browning helpfully broadens the public conversation by reminding us that the multifaceted role of marriage demands that we utilize a broad set of historical, religious and social scientific sources.  Maintaining a rich public understanding of marriage is hard work, but abandoning the project creates a void that is quickly filled by the concept of marriage as a private contract, which itself exacts a significant personal and social cost.