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, June 18, 2008

Torture Report

This is from CNN:

Former terrorist suspects detained by the United States were tortured, according to medical examinations detailed in a report released Wednesday by a human rights group.  The Massachusetts-based Physicians for Human Rights reached that conclusion after two-day clinical evaluations of 11 former detainees, who had been held at the Abu Ghraib prison in Iraq, at Guantanamo Bay, Cuba, and in Afghanistan.  The detainees were never charged with crimes.

"We found clear physical and psychological evidence of torture and abuse, often causing lasting suffering," said Dr. Allen Keller, a medical evaluator for the study. In a 121-page report, the doctors' group said that it uncovered medical evidence of torture, including beatings, electric shock, sleep deprivation, sexual humiliation, sodomy and scores of other abuses.

The report is prefaced by retired U.S. Major Gen. Antonio Taguba, who led the Army's investigation into the Abu Ghraib prisoner abuse scandal in 2003. VideoWatch why a rights group says there's evidence of torture »"There is no longer any doubt that the current administration committed war crimes," Taguba says. "The only question is whether those who ordered torture will be held to account."

The (never-ending) sex ed battles

Ryan Anderson has an interesting and disheartening update on the battles over abstinence education.  The middle ground between "abstinence only" and "abstinence as a wink-wink delusion before we get to the real stuff" approaches to sex ed appear more and more elusive.

Torture is "subject to perception"

In October 2002, a CIA lawyer reportedly told military and intelligence officials that torture is "subject to perception," and that "If the detainee dies, you're doing it wrong."

Can we agree that there was a woeful lack of legal and moral leadership on the subject of torture in the Bush Administration?

A voice for the voiceless: the dignity of my hibiscus

Apparently some Swiss ethicists have been watching Veggie Tales.  This morning my research assistant, in the course of collecting potential readings on human dignity, brought me an April 2008 report from the Federal Ethics Committee on Non-Human Biotechnology in Switzerland titled, The dignity of living beings with regard to plants: Moral consideration of plants for their own sake.  Looking through the report's conclusions was exhausting, if only because so many snarky comments piled up in my brain.  As an exercise of self-discipline, I'll just give you a sampling of the conclusions:

Continue reading

SSM and religious liberty

Dale Carpenter has a long and thoughtful post about SSM and religious liberty.  I agree with Dale that concern for religious liberty is not a persuasive reason to oppose SSM, though I think there is more reason to be cautious than Dale suggests, as I've tried to explain here.  Dan Markel agrees with the gist of Carpenter's post, but adds a couple of layers that create even more tension with my own views.

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Catholics for Obama?

Many MOJ readers will be interested in this article:

COMMONWEAL
June 20, 2008

Yes You Can

Why Catholics Don’t Have to Vote Republican

Gerald J. Beyer

[Click here to read.]

COMMONWEAL on Same-Sex Marriage and the California Supreme Court's Decision

The entire editorial is here.  Here's an excerpt:

While the Catholic Church’s opposition to legalizing same-sex unions or marriage is unambiguous, the views among Catholics vary widely, with some surveys showing self-described Catholics to be more accepting of homosexuality than members of many other religious groups. The argument that extending the right to marry to same-sex couples will strengthen what is best and most loving in those relationships by encouraging fidelity, stability, and the care of children, and thus strengthen the community as a whole, is increasingly persuasive to many. Increasingly less persuasive to many Catholics and non-Catholics alike are the church’s condemnations of “intrinsically evil acts.” Clearly, the church must find better ways to bring its legitimate concerns about the erosion of traditional sexual morality and marriage into the public debate.

These are difficult issues, where people of good will often disagree, and where generational differences can be startling. Whether one favors or opposes civil unions or same-sex marriage-or favors one and not the other-the democratic nature of the debate makes prudential judgments unavoidable. As the church has long recognized, not everything that is immoral should be illegal. In many cases, prohibiting or criminalizing activities whose morality is deeply disputed is a mistake. In a democracy, people govern themselves. In that light, it is also a mistake for the courts to foreclose the relatively new public debate about same-sex marriage. Democratic cohesion is difficult to sustain when one side or the other feels its concerns have not been fairly heard. When it comes to how a society defines civil marriage, the voices of citizens, not judges, should be decisive.

Tuesday, June 17, 2008

The Dialogue That Didn't Happen

I don't think there's anything to be gained by rehearsing for MOJ readers my perspective on the to-and-fro that Mchael S. and I had this afternoon.  Michael S. has such a good heart.  I greatly admire Michael's work on immigration and his compassionate concern for immigrants.  But I reached the conclusion, this afternoon, that as a pair, Michael and I are probably not well suited to have a productive dialogue on human sexuality.  In any event, I know that I, at least, would almost certainly have nothing to say that hasn't already been better said by many others, including Sister Margaret Farley.

Some MOJ raders may be interested in this piece, which I published thirteen years ago:

Michael J. Perry, The Morality of Homosexual Conduct:  A Response to John Finnis, 9 Notre Dame Journal of Law, Ethics, and Public Policy 41 (1995).

A Sad End to Dialogue?

It is with great sadness that I announce that Michael P. and I will not be leading a MOJ dialogue on sexual ethics.  Sexual ethics – especially same-sex relationships – seem to be an important point of disagreement among some of the authors of MOJ (as well as the broader Church and culture), and I thought such a discussion could be fruitful at many levels, including modeling constructive dialogue on delicate issues, subjecting leading authorities and our own ideas to critical examination, and learning from one another. 

Michael P. has repeatedly cited Margaret Farley’s “Just Love” as authority for his position on same-sex relations, and he has told us that he finds Farley’s arguments on human sexuality compelling.  I find Wojtyla’s arguments compelling.  Therefore, I thought that these two books by recognized experts – one dissenting from the magisterial teachings of the Church and the other destined to become Pope,  could provide a common set of readings to frame our discussion.  In this discussion, we would subject these books and our own arguments to critical examination and cross-examination.  Through civil argument, we would test who had the better arguments as we refined our own.  I am sure that opinions would differ on this, but we would all be better off having engaged in this important discussion.

Michael P. and I exchanged perhaps a dozen emails today attempting to iron out the details for this unique internet symposium.  In our discussion, it became clear that Michael P. was willing to have me proof text “Love and Responsibility” for places where it might frown upon same-sex relationships and then he would respond.  He was willing to engage in a dialogue over sexual ethics as long as we did not refer to those (Farley and Wojtyla) to whom we owe intellectual debts.  But, he was unwilling to engage in a defense of “Just Love” or more importantly a defense of his position that Farley’s work is compelling.  In short, after citing her as authoritative on more than one occasion, he is unwilling to put her work into play or allow it to be subject to critical examination in a dialogue format.

After failing to get an answer as to why he is unwilling to engage in this examination, I opined that as a matter of intellectual rigor and analysis “Just Love” does not hold a candle to “Love and Responsibility.”  Hearing no other explanation, I wondered “out loud” whether Michael P. doesn’t want to place “Just Love” and his defense of it under the MOJ microscope because he knows it won’t hold up under scrutiny.

I know that I am on shaky ground in suggesting that Farley’s book lacks the intellectual rigor I was hoping for from a major dissenting voice.  After all, respected theologians such as David Hollanbach have given it their imprimatur.  In coming to my conclusion about “Just Love,” let me be clear, I am not insulting Farley, her work, or Michael P.  Instead, I am giving my honest assessment.  And, I am prepared to defend that opinion in the type of civil dialogue I envisioned.  Michael P., if my analysis is weak, expose it as soft-headed as we dialogue.  Instead of being insulted, I will thank you for correcting me and showing me the errors in my thinking.  If “Just Love” is, as Hollanbach suggests, “the best book on sexual ethics in decades,” it ought to be very easy for you, Michael P., to show us as we dialogue why you find her dissenting views so compelling and why I am so wrong in my criticism.

In short Michael P., I still hope you will come out and play.  If December and January don’t work for you, October or November would be best for me.  But, I would be willing to engage in a serious reflection of “Just Love” and “Love and Responsibility” in August or September or anytime after January.  Just name it.  In Christ's Peace, Michael S.

Dialogue on Sexual Ethics

Michael P., thank you for your willingness to engage in this important exchange.  Before we begin, I want to reread both books and provide time for others who might be interested in joining the discussion to read both books.  Therefore, I would like to provide at least a one month notice.  Michael P. and I will work out the date via email and post it on MOJ.