Wednesday, June 4, 2008
Solidarity, Subsidiarity, and the Consumerist Impetus in American Law
This past spring I taught a jurisprudence seminar organized around "Self-Evident Truths: Catholic Perspectives on American Law" with readings also chosen from parts of the Catechism, Compendium, various encyclicals, and a pastoral letter. I greatly enjoyed the course, and although I have not yet read the student evaluations, they seemed to enjoy it also. Here is the first (of maybe two or three) student comments, reflections, and questions that I'll post.
After reading Rob Vischer's chapter - title above - one student wrote
I've never really thought too much about this topic, especially in the legal context that Vischer writes about. I guess since I'm not a hugely religious person, it has never occured to me that the law could correspond to morality. I've spent almost three years now in law school, and it seems that all my professors have been stressing that the law and morality are in fact two distinct concepts. I never questioned it and just accepted that this is how it is and should be. No matter the client or his plight, my job would be the same - to provide competent representation and advocate for the client's rights. Calling it "consumerism" really drives this point home.
Is this the typical state of affairs at most law schools? Is the separation of law and morality an assumed part of the cultural air breathed in most law schools and classrooms?
This student then turns his attention to the substance of Vischer's essay, wondering if it isn't a bit utopian. He says that Vischer's ideas sound great
but [they] could only work if everyone practice [principles of solidarity and subsidiarity]/ For example, if I am ready to "lose myself for the sake of my neighbor, but my neighbor would not do the same, then I stand to be exploited by my neighbor (and anyone else who doesn't practice my same values). I suppose you could say that a believer has to endure whatever consequences arise if he is to live up to God's promise, but how practical is this, really? I just think you can only be as nice as the world is to you, or you'll always finish last.
Rob (or anyone else), how do you answer this student? Must there be reciprocity for Catholic prespectives to work? Do nice guys necessarily finish last? Is finishing last the worst thing in the world?
https://mirrorofjustice.blogs.com/mirrorofjustice/2008/06/solidarity-subs.html