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, September 9, 2009

God's Politics

Is God a liberal? A conservative? A traditional Catholic will say neither because Vatican teachings are on both sides of the liberal/conservative divide. I am not a traditional or Vatican Catholic, but disagreeing with that position is not the point of my post. I want to disagree with those who respond by suggesting that that God is God, not a liberal or a conservative or anything in between or outside, that God has no politics. For Catholics, traditional or not, this strikes me a dead wrong. If I am a Christian liberal, I believe that God favors liberalism. If I am a conservative, I believe God favors conservatism. If I do not, I am a strange Christian. Christian liberals and Christian conservatives both think the other has bad politics and bad theology. They might both be humble about their conclusions, be tolerant of the other side, and recognize that they could be wrong. But to be a liberal is to reject the politics and theology of conservatism and vice versa (though they may share important views, e.g., the Apostles Creed). It is, of course, possible to believe that God created the world and has no views about social justice or how to achieve it, but  I do not see how that is in the Catholic tradition. It is possible to believe with Stanley Hauerwas (I do not) that Christians should stand outside the state, not participate in democratic governmental politics, and instead simply participate in Christian communities that witness a Christian way of life -- but that too is based on a conception of how God wants Christians to relate to the state. In no sense is it a conclusion based on divine indifference.

New Book: The Religious Left and Church-State Relations

I have a new book that has recently been released. For a description, endorsements, table of contents, and the introduction, go to http://press.princeton.edu/titles/9088.html.

Villanova conference on Catholic Legal Education

This should be a fun and thought-provoking event:

There are 29 law schools in Catholic universities in the United States, and 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, and economic justice provide distinctive bases for both critique and reconstruction of existing legal structures. The 2009 annual conference sponsored by Villanova University School of Law and the Journal of Catholic Social Thought will explore a range of topics at the intersection of Catholic social thought and legal education and how Catholic social thought can produce a vibrantly Catholic approach to law and legal education. 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.

China's "enlightened" leaders?

This Tom Friedman piece is just creepy.  I suppose China's "enlightened" leaders make the trains run on time, too?  (Yes, yes, Friedman is correct to note that democracy complicates the efforts of those who desire dramatic policy shifts.  But still . . ..).

Robert George on Kant and Human Dignity

Robby George writes:

Rob Vischer asks:   What does the Christian belief in human dignity owe to Kant?

One way of approaching the question is to consider Kant’s second formulation of the categorical imperative, namely:  “treat humanity, whether in the person of oneself or another, always as an end, and never as a means only.”   This is an elegant and accurate (so far as it goes) way of stating what respect for human dignity requires, at least as Christians understand the matter.

Note, firstly, that as a principle of rectitude in choosing and acting, it is not exclusively concerned with the impact of one’s conduct on others.  To be sure, it demands that one behave justly towards others; but it recognizes that moral obligations obtain even where the rights and interests of others are not at stake:   treat humanity, whether in the person of oneself or another, always as an end  . . . “   In other words, it is possible for one to behave immorally by treating oneself as a means—an instrument, a thing—and one must, as a matter of moral obligation, refrain from doing that.  This has implications in many areas, including those pertaining to self-killing and to sexuality.   Although Kant is often invoked by contemporary liberal writers who are interested in defending putative rights to suicide and voluntary euthanasia, fornication, sodomy, and so forth, Kant himself was a “conservative” on these issues, and his conservatism is not to be accounted for (as some have rather lamely suggested) by reference to his stern Prussian Protestant upbringing.  Kant’s moral conservatism (including his view that conduct can be immoral—contrary to human dignity—even where it has no bearing on anyone other than adult participants who are consenting to it) flowed from his Kantian principles.   (See John Finnis, “Legal Enforcement of 'Duties to Oneself':   Kant v. Neo-. Kantians,” Columbia Law Review, Volume 87, 1987, pp. 433–456.)

Note secondly that Kant sees humanity itself as possessing fundamental worth—dignity.  One’s dignity as a human being is not only profound, but also inherent.  One has it by virtue of one’s humanity.  And all members of the human family have it.  None, then, may be reduced (or may licitly reduce themselves) to the status of instruments or objects.  If we wish to put the matter in the language of rights, it is fully in line with Kantian ethics to say that each and every member of the human family is, as such, a possessor of human rights.  Human rights are what we see when we consider the dignity of the human being with our focus on the way in which human beings are entitled to be treated.

In all of this, Kant’s moral philosophy is more closely in line with traditional Christian morality than with secular liberal (or even contemporary liberal Christian) ethics.  Yet, from a traditional Christian point of view, and especially a Catholic one, there is nevertheless something deeply inadequate about what Kant gives us.   Although the gap between traditional Christian morality and Kantianism is not nearly as wide or deep as the chasm separating traditional Christian thought from utilitarianism and, indeed, all forms of consequentialism in ethics (including the “proportionalism” of liberal Catholic moral theologians such as the late Richard McCormick, S.J.), it is true that in one crucial respect traditional Christian ethics (especially of the Catholic sort) is like utilitarianism and other forms of consequentialism and unlike Kantianism. 

Like consequentialists, and unlike Kantians, traditional Christian moral philosophers and theologians take as the starting points of ethical reflection the basic aspects of human well-being and fulfillment which, considered integrally, constitute human flourishing (eudaimonia).  At the foundation of moral reasoning and judgment is a concern with the human good (which means a concern for human goods—since the good of human beings is variegated); and ethics is most definitely not an enterprise designed to identify principles of right conduct detached from a consideration of what makes for, and detracts from, the various dimensions of human well-being and fulfillment.  For traditional Christian ethics, the idea of a purely “deontological” ethical theory is nonsense.  Ethics is about both the right and the good, and the two are intimately—indeed, intrinsically—connected.  Norms of morality are principles of right action that are entailed by the directiveness of all of the various aspects of human well-being—i.e., the human good considered in its wholeness (integrally).  So principles of right action (“the right”) are shaped by principles of human fulfillment (“the good”).  The content of ethics, considered as principles of rectitude in willing—moral principles—and the habits and traits of character disposing us to choose in conformity with those principles—virtues— is what it is, because the human good is what it is; and the human good is what it is, because human beings are constituted in a certain way—they have a certain nature.  (For example, friendship is intrinsically fulfilling of human persons, and not a merely instrumental good, because human beings are by nature social creatures.  Of course, this does not mean that as an epistemological matter our knowledge of human nature is methodologically antecedent to our knowledge of human fulfillment.  Indeed, in my opinion the reverse is true.)

A consideration of the goods of human nature is necessary if we are to specify the Kantian categorical imperative by making it possible to judge what it means to treat a person as an end—what it means to respect human dignity.  To respect a person, to honor his dignity, is to respect—esteem, favor, foster, orient our own wills positively towards—his well being, his flourishing, in a word, his good.  Basic human goods just are the fundamental and irreducible aspects of the well-being and fulfillment of the person in whom they are instantiated.   To honor a person’s dignity is to respect and favor his integral good—his good in all its dimensions.  To respect human dignity as such, is to will in a way that is compatible with the ideal of integral human fulfillment—the good of all persons and the communities to which they belong.

So every faithful Christian—certainly every Catholic—will want to cheer when Kant says “treat humanity, whether in the person of oneself or another, always as an end, and never as a means only.”  It is a true Christian principle (albeit, one that can rationally be affirmed, as a matter of natural law, even by those who do not share the Christian or Jewish faith).  And it makes a contribution to the Christian understanding of human dignity (at least insofar as it succinctly expresses what Christians can affirm as a kind of master ethical principle).  But it is a formal principle, so it needs specification if it is to be meaningful as a principle of action.  And its specification requires that we advert to that which Kant insistently declined to advert to, namely, the content of the human good.  So, in my opinion, it would be better to formulate the principle in such a way as to explicitly bring into focus to the human good.  Although it requires trading away elegance for precision, I would join Germain Grisez in formulating the principle in something like the following terms:   In all of one’s choosing and willing, one should choose and will those and only those options that can be willed compatibly with a will towards integral human fulfillment.   If one respects the specifications of that principle, then one will certainly be treating humanity, whether in the person of oneself or another, always as an end.  One will be honoring the profound, inherent, and equal dignity of every member of the human family.

Can a sane person oppose SSM?

Apparently this is an open question at The Washington PostGet Religion offers its usual helpful analysis.

More on our disappointing health-care "debate"

Like Susan (though perhaps for some different reasons), I am "depressed about the prospects of passing meaningful health care reform."  This depression was greatly enhanced (exacerbated?) by reading the cover story in the September issue of The Atlantic.  (If I remember correctly, another MOJ-er called our attention to this piece earlier.)  It strikes me that (almost) the entire "debate" is taking place in an arena confined by mistaken premises and is, therefore, overlooking (almost) entirely a number of pressing -- indeed, crucial -- challenges.  A taste:

I’m a Democrat, and have long been concerned about America’s lack of a health safety net. But based on my own work experience, I also believe that unless we fix the problems at the foundation of our health system—largely problems of incentives—our reforms won’t do much good, and may do harm. To achieve maximum coverage at acceptable cost with acceptable quality, health care will need to become subject to the same forces that have boosted efficiency and value throughout the economy. We will need to reduce, rather than expand, the role of insurance; focus the government’s role exclusively on things that only government can do (protect the poor, cover us against true catastrophe, enforce safety standards, and ensure provider competition); overcome our addiction to Ponzi-scheme financing, hidden subsidies, manipulated prices, and undisclosed results; and rely more on ourselves, the consumers, as the ultimate guarantors of good service, reasonable prices, and sensible trade-offs between health-care spending and spending on all the other good things money can buy.

These ideas stand well outside the emerging political consensus about reform. So before exploring alternative policies, let’s reexamine our basic assumptions about health care—what it actually is, how it’s financed, its accountability to patients, and finally its relationship to the eternal laws of supply and demand.

But, read the piece for yourself.  I came away, again, depressed.  The problem is huge and -- whether or not President Obama's, or Rep. Pelosi's, or someone else's "reform" bill passes -- it appears almost certain that we are going to continue spending a lot more than we should to get less than we should.

One thing that seems clear (to me) after reading the piece is that it is a mistake to think or contend that the Church's recognition that "health" is a basic human good and that political communities have an obligation to help secure this good translates neatly into a "Catholic" mandate for this or that health-insurance proposal.  Sure, we can find clear support for general principles -- we can say, for example, that the "keep all government out of health care" claim is silly -- and for a few clear markers -- for example, that the political community should not fund the provision of elective abortions.  But what, it seems to me, we cannot say is that the Church's teaching requires this or that tweaking of our (if the article is correct) deeply misguided insurance-based system. 

Sigh.

"Contraception cheapest way to combat climate change"

This article may be of interest:

Every £4 spent on family planning over the next four decades would reduce global CO2 emissions by more than a ton, whereas a minimum of £19 would have to be spent on low-carbon technologies to achieve the same result, the research says.

The report, Fewer Emitter, Lower Emissions, Less Cost, concludes that family planning should be seen as one of the primary methods of emissions reduction.

Tuesday, September 8, 2009

KC Bishops and Health Care Reform

I've become so depressed about the prospects of passing meaningful health care reform that I've refrained from posting on the subject.  I don't have time for an extensive response to the statement of Bishops Naumann and Finn, but since Rob Vischer was chiding me this morning about my silence on the subject, let me offer a couple of thoughts prompted by their statement and his post.

First, one of the things that is persistently ignored when people react with horror to government involvement in the health care area is that the failed system we have now did not grow up through operation of a free market unaffected by government law and policy.  The system that has developed is largely a result of federal tax law which encourages the provision of health care through employer plans by providing favorable tax treatment to those plans.  (And those plans started to come into common existence during a time when the governmetn imposed wage controls during WW2 and employers wanted a way to increase compensation without increasing wages.)  The dominance of employer-provided medical coverage is a significant part of what skews the insurance market, making purchase of insurance by individual so costly.  So when we talk about federal involvement in health care reform, we are not talking about the federal government stepping into an area that has been completely private, but rather helping to address a situation it helped create.  Add to that the existing government involvement in health care through, e.g., the VA.  (When have you heard anyone saying that subsidiarity means we should cease providing health care to veterans via the federal government?)

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The Best Film of the Year ...

... hands down ... is The Hurt Locker.

Read Richard Alleva's review, just published in Commonweal, here.