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, April 1, 2008

In Gratitude.... for C.U.A.'s Symposium

I want to echo Patrick's  praise of the incredible conference organized by Bill Wagner's Center for Law, Philosophy and Culture at Catholic University last week.  I am, frankly, still reeling from the experience of hearing, seeing, and learning from so many of the brilliant writers & theologians  whose work I've been reading for years now, all addressing different aspects of one of MOJ's central questions -- IS there a "common morality", is there a language or mode of thought in which persons of different or no faiths can even argue about fundamental issues of morality?

CUA has generously posted streaming video of the entire conference in their electronic calendar.  You can see the program for the conference here, and choose the date and time for whatever talk you'd like to watch.

Some of my personal highlights were (of course) Patrick Brennan's elegant and trenchant response to Kathryn Tanner's talk about socio-cultural practices that keep us open to moral insight; listening to and watching the interaction between Gilbert Meilaender and Stanley Hauerwas; Robert George's defense of a natural law theory of human rights; Jean Bethke Elshtain's exploration of the application of the just war theory under Christian theology's claim that the distinction between justice owed to those inside the "polis" differs from justice owed to those outside ought to be abolished;  and the contrasts and commonalities in Michael Sandel's arguments about the morality of engineering children and Hadley Arkes' comparison of the intellectual move to define "personhood" to exclude slaves in the 18th century with the current application of the concept of personhood to fetuses and disabled infants.

I found the most fascinating thread running through so many of these talks to be the theme of the Conference's subtitle: "In Gratitude for What We Are Given."  Thomas Hibbs' exploration of the connection between Aquinas' metaphysics of creation and his account of the virtue of gratitude laid out for me most clearly what I think is a very serious question about the project of the conference (and MOJ).  Underlying the most robust notions of justice and equality is some element of gratitude -- some recognition that all we have is a GIFT, that we've done nothing to earn the most significant aspects of our particular situations in life -- the age or country or family into which we are born, our genders, our capacities, our races, etc.    But, (paraphrasing Hibb's account of Aquinas, from my hastily-scribbled notes) in the absence of some understanding of the "giver", it is hard to talk about gift.  My question is, if we don't share some common notion of that giver -- of God -- can we really share an understanding of our lives as gift?   If not, what does that mean for some of our equality-based theories of justice?

These papers will be an extraordinary resource, but if you have some time, do yourself a HUGE favor and make some time to watch some of those talks.  This was really an incredible conference.

The Pope Should Be Pleased

Before being elected pope, Joseph Card. Ratzinger invited three Catholic Universities in the United States to convene conferences to study the question of the possibility of a common morality in this global age, and last weekend -- or, rather, from l;ast Thursday through Sunday -- The Catholic University of America rose to the challenge.  CUA, acting through its new Center for Law, Philosophy and Culture, which is under the direction of our friend William Wagner, hosted a standard-setting conference on the theme "A Common Morality for the Global Age: In Gratitude for What We Are Given."  The principal papers will be published in the Center's Journal of Law, Philosophy and Culture.  We are all in the debt not only of Bill Wagner but also of CUA President Fr. David O'Connell and CUA Law Dean Veryl Miles for warm hospitality and both scholarly and ecclesial vision.  To name the list of heavy-hitters is only a beginning: Stanley Hauerwas, Sir John Polkinghorne, Kenneth Schmitz, Nicholas Boyle, Michael Sandel, Jean Porter,Gilbert Meileander, Kathryn Tanner, Thomas Hibbs, Robert George, Paul Weithman, Hadley Arkes, Francis Oakley, Richard Helmholz, Kenneth Pennington, Jean Elshtain, William Schweiker, Brian Tierney, David Hollenbach SJ, Kevin Hart, Robert Wilken, Mahmoud Ayoub, Rabbi Barry Freundel, Robert Burt, and many others.  It was, as Lisa Schiltz said to me in conversation during a break on Saturday, the feel of the event -- the way in which the conference theme of "gratitude for what we are given" animated and disciplined the hard discussion of pluralism, terrorism, disagreement, "rights," etc.  There was a palpable sense throughout the conference that it has become exigent for Christians to come together with others to give witness to the reality of moral norms that should guide and protect us all.  I found particularly insightful the papers by Jean Porter and Frank Oakely; Porter spoke to the theological basis of natural law and the need for Christians to witness by sharing natural law norms even with those who cannot affirm the theological premises, and Oakley mapped out the voluntarist and rationalist strains in the natural law tradition from Plato to 18th century. 

There's much more to say about this, but I'll end for now by congratulating CUA on a most successful, and hope-generating, gathering.  It's apt that Pope Benedict will visit CUA only weeks after the university hosted the conversation he inspired.