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.

Thursday, April 9, 2009

Cathleen Kaveny's 2008 Santa Clara Lecture

[From the NDLS web site:

A member of the Notre Dame Law School faculty since 1995, M. Cathleen Kaveny has held the John P. Murphy Foundation Chair in Law since 2001. A scholar who focuses on the relationship between law and morality, she earned her A.B. summa cum laude from Princeton University in 1984, and holds four graduate degrees from Yale University, including her M.A. (1986), M.Phil (1990), J.D. (1990) and Ph.D. (1991). A member of the Massachusetts Bar since 1993, Professor Kaveny clerked for the Honorable John T. Noonan Jr. of the U.S. Court of Appeals for the Ninth Circuit and worked as an associate at the Boston law firm of Ropes & Gray in its health-law group. She also served as the Royden B. Davis Visiting Professor in Interdisciplinary Studies at Georgetown University during the spring of 1998.]

Cathy gave the 2008 Santa Clara Lecture:  "Prophetic Discourse in the Public Square".

Highly recommended, especially to MOJ readers.  You can access the lecture here.

Tony Blair Speaks to Benedict XVI ...

The Pew Forum on Religion & Public Life
April 8, 2009

Tony Blair tells the Pope: you're wrong on homosexuality

by Ruth Gledhill
The Times Online

Pope Benedict XVI and Tony Blair

Tony Blair has challenged the "entrenched" attitudes of the Pope on homosexuality, and argued that it is time for him to "rethink" his views.

Speaking to the gay magazine Attitude, the former Prime Minister, himself now a Roman Catholic, said that he wanted to urge religious figures everywhere to reinterpret their religious texts to see them as metaphorical, not literal, and suggested that in time this would make all religious groups accept gay people as equals.

Asked about the Pope's stance, Mr Blair blamed generational differences and said: "We need an attitude of mind where rethinking and the concept of evolving attitudes becomes part of the discipline with which you approach your religious faith."

The Pope, who is 82, remains firmly opposed to any relaxation of the Church's traditional stance on homosexuality, contraception or any other area of human sexuality. He has described homosexuality as a "tendency" towards an "intrinsic moral evil".

Conventional wisdom was not necessarily wise, [Blair] said. “It can be wrong and it can be just a form of conservatism that hides behind a consensus.... [I]t’s amazing how the same arguments in favour of prejudice crop up again and again and again.”

He also claimed that the mood was changing in evangelical circles, which have been long been anti-gay — the source of the dispute that has taken the worldwide Anglican Communion to the brink of schism.

Referring to his contacts with evangelical groups in the US and elsewhere through the foundation, he said: “I think there is a generational shift that is happening. If you talk to the older generation, yes, you will still get a lot of pushback, and parts of the Bible quoted, and so on. But if you look at the younger generation of evangelicals, this is increasingly for them something that they wish to be out of — at least in terms of having their position confined to being anti-gay.”

[Entire story, here.]

The 2009 Conference on Catholic Social Thought & the Law at Villanova

CALL FOR PAPERS

JOURNAL OF CATHOLIC SOCIAL THOUGHT

Conference on Catholic Social Thought and Legal Education

Villanova

University

School

of Law

September 26, 2009

 

Saint Ignatius of Loyola wrote in the Constitutions of the Society of Jesus in 1552 that the study of law would not be treated in Jesuit universities because it was too far removed from the purposes of the order. Within thirty years, though, faculties of law were opening in Jesuit universities, and today in the

United States

there are some 27 law schools in Catholic universities under Augustinian, Jesuit, Dominican, Holy Cross, Marianist, Vincentian, Spiritan, and diocesan auspices. The past 10 years have witnessed a renaissance in Catholic legal education. New law schools have opened with an express commitment to Catholic identity, and established law schools at Catholic universities have undertaken to enhance their institutional mission. Catholic social teaching offers extraordinary opportunities for the integration of Catholic perspectives into legal education, as principles in Catholic social teaching such as solidarity, subsidiarity, the option for the poor, economic justice, and the systematic linkage of the religious and the social provide distinctive bases for both critique and reconstruction of existing legal structures. The 2009 annual conference sponsored by the Journal of Catholic Social Thought and Villanova University School of Law will explore a range of topics at the intersection of Catholic social thought and legal education. Among the possible topics for papers are explorations of how Catholic social thought can produce a vibrantly Catholic approach to law and legal education; proposals for the integration of Catholic social thought pervasively into the law school curriculum; examinations of Catholic social thought's particular importance in specific courses such as clinics, jurisprudence, legal profession, poverty law, immigration, business associations and others; Catholic social thought’s relevance to the formation of law students and preparation for the vocation of lawyering in Catholic law schools; and how the principles of Catholic social thought should influence students' experience of law school outside the classroom. The conference will include presentations by law school faculty who have taught classes in Catholic social thought & the law in both Catholic and non-Catholic law schools. The conference will begin a dialogue about the past, present, and future of Catholic legal education in the

United States

within the framework of Catholic social thought.

 

Paper proposals or a question may be directed to Professor Michael Moreland at [email protected], or Dean Mark Sargent at [email protected]. Proposals should be submitted by

May 30, 2009

. Papers will be considered for publication in the Journal of Catholic Social Thought, a peer-reviewed journal.

 

-- Mark Sargent

 

 

A blessed Holy Week to all...

I join Susan in expressing gratitude to God for the gift of His son for us all. To all, a blessed Holy Week.


As I put aside my academic duties after class today and assume my priestly duties beginning with the Mass of the Lord's Supper early this evening, I shall pray for all our MOJ family--contributors and readers alike.

I shall take some time on Holy Saturday to consider how to respond to some of this week's postings subsequent to Easter Monday. When I do post again, it is my hope that I shall do so in respectful engagement with the desire for continued discussion and, yes, debate with my friends at the Mirror of Justice.

May our merciful and caring God bless you all!


RJA sj

Easter Triduum

This evening begins the three day period referred to as the Easter Triduum.  Those of us who are Catholics on this blog often disagree on any number of issues, as our posts make quite clear.  But what we pray with and celebrate on these days is something we share as members of one faith - the central events of Christ's life: the Last Supper (about which I reflected at more length this morning here), Christ's crucifixion and time in the tomb and, most fundamentally, His Resurrection.  While I am not suggesting we put aside our differences (or suspend talking about them), I do encourage us to spend time reflecting during these days on God's incredible love made manifest in the events we celebrate.

Have a blessed Triduum.

Recommended Reading

Aidan O'Neill, Roman Catholicism and the Temptation of Shari'a, Common Knowledge, 15:2 (Duke University Press 2009).  Interesting, informative, provocative.

You may download it here:  Roman_Catholicism_and_the_Temptation_of_Shari'a.

This is how it begins:

Perhaps, even if I have misread his contributions to the present and immediately
preceding issues of Common Knowledge, Alick Isaacs will not take it amiss if I say
they have stimulated the appearance of this essay of mine in the same venue and
context.1 Our efforts have in common, first, that we both are Scots whose religion
is not that of the state-recognized national Church of Scotland: Dr. Isaacs,
as I understand it, is a modern Orthodox Jew, and I am a Roman Catholic. We
share also, and more significantly, a discontent, as citizens of the post-Nuremberg
world order, with elements of our respective orthodoxies — and I believe we share
also a sense that the authorities of our religions, in reaction against modernity,
have gone astray from their own longer-term traditional principles.
Dr. Isaacs
writes, in this milieu, on behalf of peace. It is my intention to write here, in a
complementary fashion, on behalf of democracy, its institutions, and the exercise
of individual conscience. For his part, Dr. Isaacs builds a case on foundational
texts of the talmudic age — and in turning first to the Christian Gospels, so, in
a sense, do I.

An "apophatic" Christian?

Beware that pernicious idol, the anthropomorphized "God".  (Cf. the Second Commandment.)  Some have asked me what I meant when I described myself as an apophatic Christian.  Something quite classically orthodox, actually.  See Nicholas Lash, Theology for Pilgrims (Notre Dame 2008).  In particular, the chapters that constitute "Part One:  Thinking of God Without Losing Our Way".  (As it happens, the first of those chapters is a devastating critique of Dawkins's The God Delusion.)

Wednesday, April 8, 2009

My favorite "lost" Catholic

My favorite "lost" Catholic at the moment is Holly Hunter's fictional character, Grace Hanadarko, in TNT's drama series "Saving Grace."  The upcoming (next Monday) season finale addresses death penalty questions - Detective Grace Hanadarko and a death row inmate have an extraordinary link and Grace's brother, a priest, is attempting to help the same death row inmate.  Perhaps I like the show partly because it is set in Oklahoma City, some of Grace's problems (but by no means all of them) stem from the loss of a sister in the Oklahoma City bombing, and there is even a Longhorn (like me) creating a little friendly rivalry with the otherwise Sooner born, Sooner bred office. 

Warning, the show is not for the puritanical souls among us.

Dover Air Force Base: The Return of the Dead

You may want to listen, here.

Capitalism and the Commodification of Children

Read this.  And when you do, don't weep.  Just ask yourself what the hell you plan to do about it.

Here's an excerpt:

Complicit, wittingly or unwittingly, with a politics defined by market power, the American public offers little resistance to children's culture being expropriated and colonized by Madison Avenue advertisers. Eager to enthral kids with invented fears and lacks, these advertisers also entice them with equally unimagined new desires, to prod them into spending money or to influence their parents to spend it in order to fill corporate coffers. Every child is vulnerable to the many advertisers who diversify markets through various niches, one of which is based on age. For example, the DVD industry sees toddlers as a lucrative market. Toy manufacturers now target children from birth to ten years of age. Children aged eight to twelve constitute a tween market and teens an additional one. Children visit stores and malls long before they enter elementary school, and children as young as eight years old make visits to malls without adults. Disney, Nickelodeon and other mega companies now provide web sites such as "Pirates of the Caribbean" for children under ten years of age, luring them into a virtual world of potential consumers that reached 8.2 million in 2007, while it is predicted that this electronic mall will include 20 million children by 2011.(16 ) Moreover, as Brook Barnes points out in The New York Times, these electronic malls are hardly being used either as innocent entertainment or for educational purposes. On the contrary, she states, "Media conglomerates in particular think these sites - part online role-playing game and part social scene - can deliver quick growth, help keep movie franchises alive and instill brand loyalty in a generation of new customers." (17) But there is more at stake here than making money and promoting brand loyalty among young children: there is also the construction of particular modes of subjectivity, identification and agency.

 

Some of these identities are on full display in advertising aimed at young girls. Market strategists are increasingly using sexually charged images to sell commodities, often representing the fantasies of an adult version of sexuality. For instance, Abercrombie & Fitch, a clothing franchise for young people, has earned a reputation for its risque catalogues filled with promotional ads of scantily clad kids and its over-the-top sexual advice columns for teens and preteens; one catalogue featured an ad for thongs for ten-year-olds with the words "eye candy" and "wink wink" written on them.(18) Another clothing store sold underwear geared toward teens with "Who needs Credit Cards ...?" written across the crotch.(19) Children as young as six years old are being sold lacy underwear, push-up bras and "date night accessories" for their various doll collections. In 2006, the Tesco department store chain sold a pole dancing kit designed for young girls to unleash the sex kitten inside . Encouraging five- to ten-year-old children to model themselves after sex workers suggests the degree to which matters of ethics and propriety have been decoupled from the world of marketing and advertising, even when the target audience is young children. The representational politics at work in these marketing and advertising strategies connect children's bodies to a reductive notion of sexuality, pleasure and commodification, while depicting children's sexuality and bodies as nothing more than objects for voyeuristic adult consumption and crude financial profit.

 

For the last few decades, critics such as Thomas Frank, Kevin Phillips, David Harvey and many others have warned us, and rightly so, that right-wing conservatives and free-market fundamentalists have been dismantling government by selling it off to the highest or "friendliest" bidder. But what they have not recognized adequately is that what has also been sold off are both our children and our collective future, and that the consequences of this catastrophe can only be understood within the larger framework of a politics and market philosophy that view children as commodities and democracy as the enemy. In a democracy, education in any sphere, whether it be the public schools or the larger media, is, or should be, utterly adverse to treating young people as individual units of economic potential and as walking commodities. And it is crucial not to "forget" that democracy should not be confused with a hypercapitalism.

[Read the rest, here.]