Down by nine with two minutes to go, all of Lawrence was feeling the heat, but ...
Rock Chalk Jayhawk!
Tuesday, April 8, 2008
Down by nine with two minutes to go, all of Lawrence was feeling the heat, but ...
Rock Chalk Jayhawk!
In yesterday, April 7th’s The New York Times, Eduardo Porter, the paper’s Editorial Observer, published a brief opinion piece entitled “The Vatican and Globalization: Tinkering with Sin.” [HERE] Out of the starting gate, the author declares that it is “hard to erect rules to last forever.” Well, maybe for members of the human race and The New York Times, but is it “hard” for God? Mr. Porter relies on a remark attributed to an official of the Holy See that globalization and modernity have given rise to sins different from those dating from medieval times; therefore, in Mr. Porter’s view, the world is a changing place in which attention must be given to revamping norms “encoded hundreds of years ago” that guided human behavior in a small-scale agrarian society. Porter cites as evidence pollution of the environment, drug trafficking, genetic manipulation, and causations of social inequity.
I think most would agree that it has only been in recent years that scientists have been able to acknowledge that human genetic manipulation is possible, but we must recall that in the mid-19th century Abbot Gregor Mendel’s hybrid experimentation of plants was taking place. I am not suggesting that Abbot Mendel was engaged in sinful activity, but it is necessary to place Mr. Porter’s allegation in its proper context. But it is necessary to assess whether his assertions about environmental degradation, drug trafficking, and taking actions that promote social inequity are really all that new.
For example, the ancients were quite aware that salting the agricultural earth of an enemy was an effective means of environmental degradation that would have devastating consequences for many years. We are reminded of this when Abimelech razed a city and sowed it with salt, Judges 9:45. This occurrence was about a thousand years before Christ. The idea of environmental degradation is not new. Nor is the trafficking of drugs and other dangerous contraband. Nor is social inequity something since prophets like Amos (8:4-6), Jeremiah (7:5-6; 22:13), Ezekiel (18:7), and Isaiah (1:17; 3:14-15; 10:1-2) preached against it.
A major point of the Porter opinion article seems designed to address the Church’s teachings on sexual mores; hence, he attempts to argue that “new sinful behavior” is “more relevant to many contemporary Catholics than contraception.” He wants his readers to believe that the Church is struggling with the definition of sin in the world of today when he states,
Sin, however, doesn’t take well to tinkering. Many Catholic thinkers reacted strongly against the idea that new sins were needed to complement, or supplement, the classical canon. They accused the press of exaggerating Monsignor Girotti’s [the Holy See’s official quoted by Mr. Porter] words. Their reaction underscored how tough it is for the church to manage a moral code grounded in eternal verities at a time of furious change. The Vatican has long been riven by this tension between dogma and the outside world. Yet it could apply to any religion: it’s hard to rejigger the rules when truth is meant to be fixed forever.
But it is Mr. Porter who is “riven” to the idea that the Church is somehow mired in the past. But is it? I believe that the Church has recognized that throughout human history people have figured out ways of straying off the moral path to God and engineering methods of bringing harm to their neighbor and therefore offending God. He also misunderstands the requirements of the Great Commandment to love God and the neighbor as one’s self when he draws a parallel between discipleship and membership in a club or other social organization by stating that,
The core benefits of religions, unlike other, worldly institutions, often relate to the afterlife. Some social scientists argue, however, that many benefits of church membership are to be had this side of death. The gains are not unlike the advantages of a club of like-minded people. Religions provide rules to live by, solace in times of trouble and a sense of community. Some economic studies suggest that this can promote higher levels of education and income, more marriage and less divorce. Such a club needs strong, believable rules. Like marriage, membership will be more valuable the more committed the other participants are to the common cause. Demanding rules — say celibacy, or avoiding meat during Lent — help enhance the level of commitment.
But he is critical of “strict rules” when he asserts that religions “relax the rules at their own peril”; therefore they have an investment in the status quo. I think Mr. Porter misconstrues the concept of sin and why the Church teaches what it does and why it does when sinful activity is in issue. The Church acknowledges that the exercise of free will has led people throughout the millennia to lead lives that disrespect wise moral norms. While the methods used to commit sin may be new and reflect contemporary human capabilities, sin is not.
Mr. Porter finds it necessary to point out that Catholicism “has lost traction” on these matters because the number of those raised as Catholics in the western world does not correlate with those who now identify themselves as Catholics. Well, Mr. Porter has discovered something about the exercise of free will by humans, but he suggests that the problem is brought on by the tension between weakening versus maintaining “strictures.” But, in fact, it’s not really about “strictures” as it is about people choosing to follow or not the moral norms that have constituted the Church’s teachings for centuries. In this context we might recall the discussion between Abraham and the Angel of God (and God) on the Road to Sodom—God would spare the sinful if even a small fraction of the population were righteous. Mr. Porter is correct in one thing, his final point, that Pope Benedict teaches the truth, the truth of God that has been around for a long time. The need to update sins is not the point, as Mr. Porter would have us believe. Teaching about right and wrong, regardless of the temporal context is—and this is something at which Pope Benedict XVI is skilled. The Vatican is not tinkering with sin. Rather, we humans find new ways of doing old things that we never should do. RJA sj
Monday, April 7, 2008
Reading again Newman's The Idea of a University, I recently stumbled upon this "editor's note" (in the 1927 Loyola edition edited by Daniel O'Connell): "It is notorious that Prefaces are seldom read. And they yet they are the heart of a literary viand, the very thesis of the entire book. This is well illustrated in the present preface."
Here is an excerpt from the preface of the book thus introduced, words for all of us who care about Catholic legal education to chew on: "The view taken of a University in these Discourses is the following: -- That it is a place of teaching universal knowledge. This implies that its object is , on the one hand, intellectual, not moral; and, on the other, that it is the diffusion and extension of knowledge rather than the advancement. If its object were scientific and philosophical discovery, I do not see why a University should have students; if religious training, I do not see how it can be the seat of literature and science.
"Such is a University in its essence, and independently of its relation to the Church. But, practically speaking, it cannot fulfil its object duly, such as I have described it, without the Church's assistance; or, to use the theological term, the Church is necessary for its integrity. Not that its main characters are changed by this incorporation: it still has the office of intellectual education; but the Church steadies it in the performance of that office."
There ensue affirmations that the Pope, in calling for the foundation of Catholic universities, does not fulfil a vow "to be a preacher of the theory of gravitation, or a martyr for electro-magnetism." The Catholic goal in founding a University, according to Newman, is (at least) to realize the "exercise and growth in certain habits, moral or intellectual." "[W]hen the Church founds a University, she is not cherising talent, genius, or knowledge, for their own sake, but for the sake of her children, with a view to their spiritual welfare and their religious influence and usefulness, with the object of training them to fill their respective posts in life better, and of making them more intelligent, capable, active members of society."
If Venerable Card. Newman is right about why Catholic universities are founded and sustained as "Catholic" by the Catholic Church (and I suspect that is he is indeed correct), what are the questions that follow about how Catholic law schools, in the United States today, are to be staffed and directed? How do we make ourselves worthy of the appelation "Catholic" that we readily (and on signs aplenty) apply to our now well-heeled but sometimes meandering or even tradition-loathing institutions? The defenders of the appelation "Champagne" have a point, albeit less worthy.
Sunday, April 6, 2008
AS usual, Cathy Kaveny raises some really good questions in her recent Commonweal article that was the subject of Rob's post and Richard M.'s comments. I've just posted in the sidebar a link to short article in UST Law's first alumni magazine, Catholic Feminism: An Oxymoron or 'Deeper Truths?' .(Can you believe we've been around long enough to have an alumni magazine?) In it, I explain that it was precisely Cathy's types of questions that have pulled me away from banking law scholarship the past few years. I first read Mulieris Dignitatem just a few years ago, because of:
. . . my nagging desire to assess honestly whether my own career path – involving decades of juggling a career and raising my four children – was consonant with the Catholic Church’s notion of the vocation of motherhood.
My explorations of this issue have led me to the conclusion that there is, indeed, much in Church teachings to assuage my concerns, but also that more work needs to be done to address Cathy's type of questions. I agree with Richard M. that there has been significant evolution in the Church's teachings since the 1912 encyclopedia; I go into this development in some detail in this article published in Catholic L. Rev last year.
But I do agree with Cathy that there is more work to be done in fleshing out the notion of complementarity. That's one of the things I'm working on right now. My favorite scholar on this to date is Sr. Prudence Allen. She's done incredible work in two volumes of The Concept of Woman tracing the philosophical roots of the concept of complementarity that plays such an important role in JPII's theology. Quoting myself again, from that alumni magazine article, this is what I'm finding and exploring these days:
My search for an authentically Catholic feminist legal theory also has led me to philosophical theories of gender identity, particularly the theory of complementarity, which posits that men and women are fundamentally different, yet fundamentally equal. This theory has its roots in a Thomistic affirmation of the unity of body and soul; it was developed by a group of predominantly Catholic philosophers who rejected the Cartesian dualism underlying most post-Enlightenment philosophy – phenomenologists such as Dietrich and Alice von Hildebrand and St. Edith Stein, and personalists such as Jacques and Raissa Maritain, Emmanuel Mounier and Gabriel Marcel. These schools of thought can provide vocabulary, arguments and frameworks for a feminist legal theory that are consonant with my faith beliefs, but do not depend on tenets of faith for their logical integrity.
The more I study, the more I discover traces of agreement with some of the basic ideas underlying complementarity in the writings of philosophers who do not share my faith traditions, such as the Jewish philosopher Leon Kass and the socialist feminist Alison Jaggar.
Saturday, April 5, 2008
Pope John Paul II died on April 2, 2005. Santo subito.
Friday, April 4, 2008
Having just returned from a few days' vacation, let me second Rick's invitation to Twin Cities-area readers to check out the program we are doing here at St. Thomas Law's Murphy Institute, this coming Monday April 7, concerning the conflicts over interreligious evangelization. In addition to Rick revisiting his excellent paper on "Changing Minds," we'll have a companion address by Ali Khan, a very interesting Islamic law scholar from Washburn Law School in Kansas, and responses from two Twin Cities religious leaders, Rabbi Marcia Zimmerman of the Temple Israel (Reform) synagogue and Wilbur Stone, a professor of global ministry at the evangelical Protestant Bethel Seminary. Speakers from four different religious traditions, offering legal, theological, and pastoral perspectives on what are increasingly viewed, as Rick notes, as matters not only "of piety and zeal, [but] of geopolitical, cultural, and national-security significance as well." Hope to see some of you there, at 4:30 p.m. with a reception following.
Tom
Rob's post and Cathy Kaveny's article raise some good questions. I read through the Catholic Encyclopedia article very quickly and it sounds as if it was written in .... 1912. I surely wouldn't defend every statement in that entry. It should be noted that along with the questionable, sweeping statements in the 1912 Encyclopedia are also statements containing the (prophetic) comment that the negative impact of liberalized divorce laws would principally harm women. There are also other sound features to the 1912 entry, which Cathy notes.
I should say that it is difficult to write Encyclopedia entries. I have some experience with this, having co-edited the Encyclopedia of Catholic Social Thought (here). I wrote the entry on "feminism" for that Encyclopedia and I'd be happy to send a copy of that entry to anyone who asks.
There are some good questions raised though about the new feminism, and the conference Rob nicely mentioned (which is being organized by my colleague Jane Adolphe and Helen Alvare from CUA) will I'm sure explore these questions in depth.
I do think though that it makes more sense to explore the writings of recent Church documents such as Pope John Paul II's writings on the new feminism or the CDF's 2004 statement "On the Collaboration of Men and Women in the Church and in the World" (here) then to focus on the questionable comments in the 1912 Encyclopedia entry. Those recent documents strongly defend the importance of the participation of women in public life.
Cathy's more important point though is about the anthropology the Pope uses. That view emphasizes the complementarity of men and women. I'd like to ask Cathy a question or two. Does she disagree with the view that "the genius of women" is needed in all areas of social life or is that phrase of Pope John Paul part of the paternalism to which she objects? Does she disagree with the CDF's view of human nature that celebrates "the importance and the meaning of sexual difference, as a reality deeply inscribed in man and woman"? If Cathy doesn't disagree with JP II or the CDF in these areas, then what is her concern?
Richard M.
Teachers Strike at 10 Catholic Schools By JOHN ELIGON
NYT, 4/5/08
Nearly 200 teachers at 10 Catholic schools throughout the Archdiocese of New York went on strike Friday, saying that the archdiocese has hindered their efforts to obtain a new health insurance plan, said Mary-Ann Perry, the president of the Federation of Catholic Teachers, a union.
The strike could continue next week, Ms. Perry said, if the archdiocese does not give the teachers the information they need to obtain a new health care plan through Local 153, the Office and Professional Employees International Union.
A spokesman for the archdiocese criticized the strike, saying it was merely a bargaining chip on the part of the Catholic teachers’ union and that the archdiocese had already handed over a stack of documents that stood about a foot high.
At one school affected by the strike Friday, Our Lady Queen of Angels elementary school in East Harlem, some students watched videos and others played games.
The archdiocese and the union began negotiating a new contract last May. The contract expired on Aug. 31 without a new deal. In November, the archdiocese made a final offer. The deal included an increased premium for health insurance that the union said was too high, so a few weeks later it began seeking a new health care plan from an outside group, Ms. Perry said.
That group agreed to do a feasibility study, Ms. Perry said, but told the union it needed to provide information from its previous plan. While the archdiocese has provided a lot of information, Ms. Perry said, it has yet to turn over one of the most vital pieces: the actual cost of running the plan, known as the utilization cost, from 2007. The union has repeatedly asked for these figures since last December, Ms. Perry said, but the archdiocese has provided years-old information.
“The cost of health care makes it difficult for people to make ends meet,” Ms. Perry said. “This strike is an unfair labor practice strike in order to get the information.”
But Joseph Zwilling, a spokesman for the archdiocese, said the archdiocese was preparing those documents and had been planning on turning them over to the union within the next few days.
“First, we have to wait for all the figures to come in,” Mr. Zwilling said. “Then, we have to break them out for 217 schools, 3,200 teachers. It takes time.
“They’re just using this tactic to try and waste time, I think, rather than coming to an agreement. This is not going to improve the offer one bit. The only thing they’ve done is cost themselves a day’s pay.”