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 10, 2009

"The Nature of a Catholic Law School"

It's an oldie but, I think,a goodie (Download St Ives Lecture):  Prof. Steven Frankino's "St. Ives Day Lecture", from a while back, on "The Nature of a Catholic Law School."

Useful reading for those seeking "common ground" on abortion

This op-ed, by Ross Douthat, is, it seems to me, a useful reminder to those purporting to desire "common ground" and "dialogue" on abortion that:

If abortion were returned to the democratic process, this landscape would change dramatically. Arguments about whether and how to restrict abortions in the second trimester — as many advanced democracies already do – would replace protests over the scope of third-trimester medical exemptions.

The result would be laws with more respect for human life, a culture less inflamed by a small number of tragic cases — and a political debate, God willing, unmarred by crimes like George Tiller’s murder.

The real obstacle to compromise, civility, and common ground, in other words', is not "conservatives'" intransigence, or their allegedly over-blunt rhetoric; it is Roe.

Catholic Judges and Justices, Recusal, Etc.

Two postings at dotCommonweal well worth reading, here and here.  The titles of the posts:


Historian’s verdict: Catholic justices can’t be trusted


A Catholic Judge’s Response to a Motion To Recuse Himself


Tuesday, June 9, 2009

Fr. Reese, Notre Dame, and academic freedom

With respect to the "Dog That Didn't Bark", and Fr. Reese's concluding paragraph:

“Whatever the cause of this presidential silence,” he concluded, “it was shameful. The presidents owe Notre Dame and Fr. Jenkins an apology; they owe Catholic higher education better leadership; they owe their faculties an explanation for not defending academic freedom and autonomy. They stood silent while another educational institution was unfairly and viciously attacked.”

Hmmm.  That's one way of looking at it.  My own views on the Notre Dame / Obama matter are not a secret, so it's probably not a surprise that I think that Fr. Reese, for all his achievements, badly misunderstands what happened, and what was at stake, in the affair. 

For Notre Dame to have declined to honor Pres. Obama, with a ceremonial degree, in an over-the-top fawning way, at this particular time, would have done nothing to undermine -- indeed, it would not have even implicated -- academic freedom.  Those who care about academic freedom -- as we all should -- should be more worried about the possibility that outside pressure and influences (hint:  not the Catholic bishops or those pesky "conservatives") caused Notre Dame to lose sight -- temporarily, I persist in hoping -- of its obligation, and its calling, to be something different, interesting, faithful, and free.

The costs of blogging pseudonymously

If Michael proposes to blog, going forward, as "Rick Garnett," that's fine.  But, I expect him to also sign over his Woodruff Chair money, his book royalties, and his cite-count stats.  Pay up.

Torture in American Schools?

A recent James Taranto column in the WSJ reports that:

Last month the Government Accountability Office issued a shocking report on "selected cases of death and abuse"--not at Guantanamo Bay or other detention facilities for terrorists, but at schools for American children:

GAO also examined the details of 10 restraint and seclusion cases in which there was a criminal conviction, a finding of civil or administrative liability, or a large financial settlement. The cases share the following common themes: they involved children with disabilities who were restrained and secluded, often in cases where they were not physically aggressive and their parents did not give consent; restraints that block air to the lungs can be deadly; teachers and staff in the cases were often not trained on the use of seclusions and restraints; and teachers and staff from at least 5 of the 10 cases continue to be employed as educators.

After giving some exaples of the kinds of restraints against school children that the GAO reported, Taranto concludes:

When the report came out on May 19, we figured it would be a good opportunity to find common ground with politicians and commentators who've been complaining for years about the "torture" of terrorists. We figured President Obama would issue an executive order banning torture in schools, the New York Times would publish an indignant editorial, Dick Durbin would take to the Senate floor to declare that the teachers unions remind him of the Gestapo, and that nut who writes for The Atlantic would proclaim himself "shocked to the core."

We were going to respond by saying that although we think there are circumstances under which it is justifiable to treat terrorists roughly, all good people can agree that torturing schoolchildren is categorically wrong. But we didn't have anything to respond to. As far as we are aware, the GAO's findings have been greeted with silence by the leading self-proclaimed "torture" opponents--though Education Secretary Arne Duncan did tepidly promise "he will ask state school chiefs around the country about the use of restraints and confinement of pupils in the classroom," according to the Associated Press.

Although disability rights activitists do try to raise awareness of these sorts of things (see, e.g.:  http://tcfpbis.blogspot.com/ ), it never seems to me that those efforts have much traction in public discourse.   

My personal favorite federal district court judge issued an opinion recently finding that a local special education program violated the Fourth Amendment by requiring full searches of these students every morning as they entered the facility.  [Hough v. Shakopee Pub. Schools, 608 F.Supp. 2d 1087 (D. Minn. 2009)] My favorite quote from the opinion:

Certainly, special-needs students must sacrifice, to a least a limited extent, the privacy of medical and other information about their disabilities. And some students with special needs may have to sacrifice other privacy interests; for example, a disabled student who needs help going to the bathroom or with personal hygiene would necessarily have a reduced expectation of privacy. But all special-education students do not forfeit all expectations of privacy by virtue of being disabled. Students with disabilities remain members of the human family; they generally have the same expectation of privacy in their bodies, and clothing, and personal possessions as any other student. The fact that, say, the medical records of an autistic student must be disclosed to a limited number of school officials does not mean that the autistic student somehow gives up his bodily integrity.

Hear, hear!

 

David Gushee on white church-going Christians and torture

Gushee is distinguished university professor of Christian ethics at Mercer University.  His "Christian's lament over the Pew torture poll" is worth reading, here.

-- "Rick Garnett"

Against Agape as (Even the Highest Kind of) Self-Love

Rob quotes Josef Pieper (criticizing Anders Nygren) that "[t]he call for an utterly disinterested, unmotivated, sovereign agape love that wishes to receive nothing, that is purged of all selfish desire, simply rests upon a misunderstanding of man as he really is," and that agape is a form (the highest form I imagine) of self-love, "properly understood as 'desire for fullness of being.'"  I think there's an important point there, that Christian love needs to have a connection to how human beings really are.  But I also worry that if this is the sole description, it loses an essential element in Christianity, namely the element of tension: that is, that the consummation of human existence in Christ would not just fulfill more deeply what we are or desire now, but radically transform what we are or desire now.  I worry that statements like the quotes of Pieper's can smooth over the strangeness of Jesus's demands, such as "love your enemies" and "resist not evil," in finding too much or too simple a commonality between our loves and distinctively Christian love.

Although I don't know Pieper's work, this quote also suggests that Pieper gets Nygren wrong in reading him to say that it's "our love" that gives people value, as opposed to God's love.  Whatever one thinks of the idea that value comes solely from God, that's quite different from saying that it comes from us, no?

Thoughts, Rob or others?

Monday, June 8, 2009

Blogging Pseudonymously

There's a raging controversy in the blogosphere about the ethics of blogging pseudonymously.  Read about it here, in a post titled "The Outing of Publius".  I've decided that from this point on, I'm going to blog pseudonymously at MOJ, under the nom de blog "Rick Garnett". 

The Dog That Didn't Bark

NCR, 6/8/09

The silence of the presidents

Fr. Thomas Reese, S.J., former editor-in-chief of America magazine, wrote an exceedingly important article for the National Catholic Reporter, May 29, on the silence of the presidents of Catholic colleges and universities.

Almost none of them came to the defense of the University of Notre Dame or their fellow president, Holy Cross Father John Jenkins, when the institution and Jenkins were under heavy fire from bishops and conservative laity alike for having invited President Barack Obama to be Notre Dame’s Commencement speaker and to receive an honorary degree.

Reese, alluding to a famous line in one of the Sherlock Holmes mysteries, referred to their collective silence as the case of the dog that did not bark.

He called it a surprising development because this one group of Catholic college and university presidents (many of whom, alas, are Reese’s fellow Jesuits) knows more about Catholic higher education than any other group and has more at stake than most.

And yet, Reese observed, the presidents were “AWOL during the entire controversy. The Catholic college and university presidents were silent.”

“Yes, a couple did speak,” he conceded, “such as Trinity College President Patricia McGuire. Georgetown University President Jack DiGioa also showed solidarity by allowing President Obama to speak on campus. But most were silent.”

Reese offered four theories for the silence and found none of them finally persuasive. . . .

“Whatever the cause of this presidential silence,” he concluded, “it was shameful. The presidents owe Notre Dame and Fr. Jenkins an apology; they owe Catholic higher education better leadership; they owe their faculties an explanation for not defending academic freedom and autonomy. They stood silent while another educational institution was unfairly and viciously attacked.”

[Read the whole piece, here.]