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, November 25, 2008

Cardinal Martini Speaks

[From America, Nov. 17, 2008:]

Italian Cardinal Carlo Maria Martini said the 1968 encyclical Humanae Vitae ("Of Human Life") has cut off the church from many of the people who most need its advice about human sexuality. The encyclical, which taught that artificial birth control was morally wrong, caused a large number of people to stop taking the church's views into serious consideration, Cardinal Martini said. "Many have distanced themselves from the church, and the church from the people. Serious damage was done," he said. Cardinal Martini, an 81-year-old Jesuit and the former archbishop of Milan, made the comments in a book-length interview tided Nighttime Conversations in Jerusalem. The cardinal did not address specifically the issue of the morality of contraception. He suggested, however, that the whole question might be better approached from a more pastoral perspective. "Today we have a broader horizon in which to confront the questions of sexuality. The needs of confessors and young people, too, need much more attention. We cannot abandon these people," he said.

Monday, November 24, 2008

How to talk about embryo destruction and euthanasia

Reflecting, here, on the state-level election-day set-backs for the pro-life cause -- specifically, the Michigan referendum on embryo-destroying research, the Washington referendum on assisted suicide, and the defeat of a pro-life initiative in California -- George Weigel suggests that: 

We need more persuasive ideas and language in the fight against euthanasia. Yes, the good guys were outspent in Washington State by orders of magnitude -- and that should cause serious examinations of conscience among Catholic philanthropies and individuals of means. But, as in the debate over embryo-destructive stem-cell research, the culture of life has yet to develop a language that trumps the invocation of "compassion" when that's misused by the culture of death.

Any ideas?

"In Defense of the Sovereign Family"

The current issue of First Things includes a wonderful essay by Jack Coons, called "In Defense of the Sovereign Family."  Unfortunately, the text is not yet available to non-subscribers.  It would be hard to do justice to the essay in just a short blog post, but . . . Coons takes on the notion that "government alone is where law can be found", and insists that families (like churches, Native American tribes, and some other associations) really do generate law.  Coons' essay is a challenge to the "monopolist, who believes that no one can create authentic law beyond the reach of the state and believes that the state provides parents what legal authority they have."  Be sure to check it out.

Education Reform in the Obama Administration

Terry Moe, an early supporter of Barack Obama's candidacy for President, writes in the Wall Street Journal (here) that Democrats can bring about meaningful change in education if they choose to put kids before adults, that is, educational reform before the agenda of the teachers' union. Herewith some short excerpts:
Democrats are fervent supporters of public education, and the party genuinely wants to help disadvantaged kids stuck in bad schools. But it resists bold action. It is immobilized. Impotent. The explanation lies in its longstanding alliance with the teachers' unions -- which, with more than three million members, tons of money and legions of activists, are among the most powerful groups in American politics. The Democrats benefit enormously from all this firepower, and they know what they need to do to keep it. They need to stay inside the box.
* * *
What should the Democrats be doing? Above all, they should be guided by a single overarching principle: Do what is best for children.
* * *
It all boils down to a simple question. Will President Obama have the courage to unite with the rebels inside his party, champion the interests of children over the interests of adults, and be a true leader who really means it when he talks about change? We can only stay tuned. And have the audacity of hope.
Greg Sisk

Bush skips church (for 8 years)

If we're going to take note of President-elect Obama's absence from church during this post-election period, we might want to take note of President Bush's absence from church for the duration of his Presidency.

Obama Skips Church, Head to the Gym

President Obama may reject Sally Quinn's advice that he attend the National Cathedral.  Instead of attending church, he might favor a good physical workout on Sunday morning.  This article is from Politico:

"President-elect Barack Obama has yet to attend church services since winning the White House earlier this month, a departure from the example of his two immediate predecessors.

On the three Sundays since his election, Obama has instead used his free time to get in workouts at a Chicago gym. ..."

Can a Christian operate a heterosexual dating service?

Apparently not.  To get a sense of why forcing EHarmony to include same-sex couples in its online dating services is detrimental to the common good, you can check out this paper.  Better yet, it's never too early to begin lining up at your local bookstore for the Harry Potter-type atmosphere that will surely accompany the publication of Conscience and the Common Good: Reclaiming the Space Between Person and State (Cambridge Univ. Press, forthcoming Sept. 2009).

Lessons bishops should learn from the '08 election

Fr. Richard McBrien

NCR, November 24, 2008

Regardless of how individual Catholics voted in this year’s historic presidential election, there are at least three important lessons for their pastoral leadership to absorb.

First, Catholic voters are paying less and less attention to the urgings of the most theologically rigid and politically partisan bishops of the U.S. bishops’ conference. Catholics this year returned to their traditional allegiance to the Democratic Party by a margin of 53 percent to 45 percent. And Hispanic voters, most of whom are Catholics, supported the Democratic ticket by an astonishing margin of 66 percent to 31 percent.


Essays in Theology by Fr. Richard McBrien

This was in spite of the efforts of a vocal handful of bishops, including Archbishop Charles Chaput of Denver and Bishop Joseph Martino of Scranton, to try to persuade Catholics that a vote for the Democratic ticket was tantamount to a vote for abortion and, therefore, gravely sinful.

Some Catholics evidently accepted this line of argument, but one can at least ask how many of them would have voted Republican for other reasons, even if the abortion issue had not been a factor.

By an overwhelming margin of some 60 percent, voters this year identified the economy as their number one concern. The issues that right-wing pressure groups tried to use on fellow Catholics with voter-guides -- abortion, gay marriage, homosexuality and embryonic stem-cell research --gained little or no traction this time around.

This vocal minority of bishops have to ask themselves whether their one-issue approach is actually counter-productive, not only in terms of its effectiveness with Catholic voters but also in its effectiveness in actually reducing the number of abortions in the United States.

This year, in any case, their narrow approach to life issues has stirred other pro-life Catholics to fight back and to reject the focus on the abortion issue to the practical exclusion of all others.

Second, there is also a question to be put to the all-too-silent majority of bishops who have failed to remind Catholic voters that the bishops’ conference supports a “consistent-ethic-of-life” approach to moral issues, that it has gone on record as neither endorsing nor oppos-ing candidates for public office, and that it insists that the Catholic church is not a one-issue church, notwithstanding the moral urgency of the abortion issue.

While it is true that bishops do not wish to interfere in their fellow bishops’ governing of their own dioceses, the vocal minority of bishops who have spoken out in politically partisan fashion have a national impact beyond the confines of Denver, Scranton, or wherever else.

The media and many in the general public do not usually make a distinction between the personal views of a few outspoken bishops and the official teachings and policies of the entire bishops’ conference.

In the future, conference leaders must make it unmistakably clear that, while individual bishops are free to issue statements and take stands within and for their own dioceses, such bishops have no personal authority beyond their dioceses, and indeed that their views are contrary to the stated teachings and policies of the conference itself.

Third, beyond the concern for political and moral credibility and effectiveness, there are other, equally significant statistics to be drawn from the recent presidential election. The Democratic ticket won the support of 66 percent of voters between the ages of 18 and 29, and 57 percent between the ages of 30 and 44.

These voters are not only the future of the country; many of them are also the future of the Catholic church. Do our pastoral leaders really want to be so far out of step with this crucially important constituency?

Can our leadership not make a more concerted effort to understand the thinking of under-45 Catholics, as well as of many older Catholics who are aware of, and in full agreement with, the official teachings and policies of the conference but who disagree strongly with the views of the conference’s aggressively conservative minority?

And what, again, of the 66 percent of Hispanic voters, many of whom are Catholics? The same questions should be applied to the bishops’ pastoral responsibility toward Hispanic Catholics, young and old alike.

Ninety-five percent of African Americans voted for Sen. Barack Obama. Relatively few are Catholic, but should the entire black community be written off?

The bishops also need to recognize that women voted for the Democratic ticket by a margin of 56 percent to 43 percent. The same concerns that apply to Catholics in general and to younger and Hispanic Catholics in particular apply also to the leadership’s pastoral challenge of addressing the alienation of many Catholic women.

The sexual-abuse scandal in the priesthood has had a devastating effect on the credibility of our bishops. They must take care not to worsen the problem.

[© 2008 Richard P. McBrien. All rights reserved. Fr. McBrien is the Crowley-O’Brien Professor of Theology at the University of Notre Dame.]

Quinn on Pluralism

Sally Quinn, writing in The Washington Post, encourages President Obama and his family to select the National Cathedral as their new church home.  That's fine.  But her supporting argument is ridiculous:

I am drawn to the cathedral over all of the other sacred spaces in Washington because it is the most pluralistic of the places of worship I've been to.

On Nov. 12, Deepak Chopra, a Hindu, spoke there to a packed house. Asked about Obama in the question-and-answer session afterward, he said that the president-elect "has transcended religious identity. Just imagine when he puts his hand on the Bible to be sworn in and says, 'I, Barack Hussein Obama' . . . How wonderful!"

It would indeed be wonderful for the country to have a president who worshiped at a place most likely to welcome all Americans and all people of the world alike.

Don't get me wrong.  I like America's commitment to pluralism.  But the value of American pluralism is its facilitation of spaces in which communities can maintain their own distinct and authentic identities, including religious identities.  Pluralism as a relevant criterion for our evaluation of a religious community's identity is nonsensical.  If we reach the day when we can transcend religious identity -- or when our President's church is expected to transcend religious identity -- what exactly is our nation's commitment to pluralism supposed to be protecting?

Friday, November 21, 2008

Mary Daly, RIP

I join with my former colleagues at St. John's University School of Law, and with her many other friends and academic colleagues in mourning the death of Dean Mary Daly.

I've tried twice to link to the St. John's press release without success.  So following is the statement of St. John's University President Donald Harrington, C.M.:

"Our University community is saddened by the death of Mary C. Daly, Esq., Dean of the School of Law and John V. Brennan Professor of Law and Ethics. Since coming to St. John’s in 2004 from Fordham, where she served as James H. Quinn Professor of Law, Director of the Graduate Program, and co-Director of the Louis Stein Center for Law and Ethics, she has been an energetic and effective leader. We shall miss her presence among us and will be forever grateful for all that she has been and done for us.

"Her impact on the School of Law has been nothing short of transformative. She established a global focus within the School through the creation of new academic programs and initiatives. Among these was the L.L.M. program in U.S. Legal Studies for Foreign Law School Graduates, launched in fall of 2008, that provides opportunities for lawyers from other nations to achieve a grounding in the United States legal system. Another is a program that permits St. John’s Law School students to spend a summer studying in Rome. She also increased the number of law clinics, which provide students with invaluable opportunities for both practical experience and service to underserved individuals within the community.

"She infused within the faculty a desire to enhance their scholarly and professional development activities. And she did so by example. An accomplished and prolific scholar with a national and international reputation,  she published widely in law journals and also authored several books. In addition, she broke ground through her expertise in the emerging discipline of transnational ethics, a field which has assumed increasing prominence with mergers among Asian, American, and European law firms to form a truly global legal community.

"Her outreach to alumni was extraordinarily effective. She traveled throughout the country, hosting receptions and other meetings designed to keep graduates abreast of activities at their alma mater.  And she increased gifts to the School of Law substantially during her tenure as Dean.

"I know that members of our University community will want to share their memories of Dean Daly, to come together to remember her at the prayer service slated for next Tuesday, and to pray with her family at the wake and at the funeral service which we will hold on campus on a date that will be announced soon. I am sure I speak for all of us in extending our deepest sympathy to her family as well as our appreciation to them for sharing her with us. St. John’s is a stronger and better University because she was part of it."

Rev. Donald J. Harrington, C.M.
President, St. John’s University