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.

Monday, October 5, 2009

What do our Halloween costumes say about our society?

Today I took my daughter to shop for a Halloween costume.  I often wonder what a visitor from another society would conclude about our society by looking at our Halloween costumes.  The most obvious conclusion, I think, is that we value women primarily for sex.  Women's costume options generally derive from one "meta" costume: "naughty maid," "naughty soldier," "naughty firefighter," "naughty nurse," etc.  What struck me this year is that the genre is beginning to expand to the "tween" category.  As my daughter remarked, "Why are all the girls' costumes for Florida weather?  Don't they know we live in Minnesota?"  The sexualization of children does not take time off for holidays, apparently.

I also wonder what an outsider would conclude about our view of religion.  The costume store has a whole section of costumes mocking priests, pastors, nuns, and monks, including one called "naughty priest," which I could not even begin to describe without blushing.  (The costume includes a hand pump.  See?  I'm already blushing.)

So should we boycott Halloween?  Absolutely not -- it continues to be one of my favorite holidays, and since I'm a guy, I've got plenty of costume options.  (Though even fully clothed choices have been known to cause embarrassment to my family members.) 

Obviously, this issue is bigger than Halloween.  The sexual objectification of women (and girls) is not new.  Making fun of religious figures is not new.  It strikes me that mainstream, all-ages venues are becoming more blatant in their embrace of both themes, though.   
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Sunday, October 4, 2009

The Wisdom of a "Liberal with Sanity"

I once heard former New York City Mayor Ed Koch, a self-described "liberal with sanity," say that "the Hollywood elite would applaud Hitler if he showed up at the Oscars wearing a red AIDS ribbon."  At the time, even I--someone who, to say the least, is not much in sympathy with the "beautiful people"--thought that comment was a bit harsh.  I'm beginning to wonder, though.  I've been flabbergasted and appalled by expressions of support for Roman Polanski coming from the Hollywood elite.  Polanski drugged and raped a child.  There are worse crimes, but not many.  So what does Whoopi Goldberg say?  "It wasn't rape rape."  Well, as a matter of fact, it was rape rape.  To be sickeningly specific, it was rape, rape, rape.  He raped his thirteen year old victim in just about every possible way.  Goldberg is far from alone in supporting Polanski and opposing his extradition to face punishment that is, to say the least, long overdue.  Woody Allen, Martin Scorcese, Harvey Weinstein, and dozens of others have joined the chorus.  Yes, the crime was committed a long time ago.  Yes, Polanski was himself a victim of horrible things (under the Nazis and later at the hands of the Manson family).  Yes (I suppose) he is an "acclaimed artist."  Yes, the victim, now a grown woman, says that she has forgiven him.  Goldberg, Allen, Scorcese, and the rest make all these points.  But they are irrelevant.  Polanski drugged and raped a child.  If we as a society are ever to begin seriously facing up to the scandal of the sexualization of children, it is critical that acts such as those committed by Polanski be punished.  There must truly be a policy of zero tolerance--even for "acclaimed artists" who are members in good standing of the Hollywood elite.

A typical day on the Camino

In this post, I´ll give you a taste of the typical day of a pilgrim on the camino followed by my variations on the theme.  We sleep in pilgrim albergues (refugios or hostels).  The one in Roncesvalles (after our first day of walking) was one big room with bunk beds for 100 or so.  At this place (run by the Dutch confraternity of St. James) lights were turned off at 10pm and turned on at 6 am. The albergues are run by a parish, a country´s confraternity, an order of priests or nuns, the town, or private persons.  They  cost between a donation and about 8€.  Most of the alberques have several rooms with about 10 bunks each.

In the morning there are those who get up before the lights come on and attempt to pack their packs by flashlight.  We leave just before or just after daybreak and eat breakfast at a bar/cafe or food purchased the night before or in one case so far the albergue provided us breakfast.  After a day and a half of walking with others, I have walked alone with limited conversation during the day except to change pleasantry´s or to be checked on by others or to check on them.  By now, most of us have some ailment - blisters, bad knees, hurting shoulders, chafing.

I would guess that over half the people doing the Camino came alone ad walk alone.  Some walking groups have been formed here (like the one I had the first day and a half), there are some couples, some parents and adult children , cousins and friends.  Some have come just for a week or two and will complete the journey in future years.  Others as I mentioned have walked from their houses in Germany and France.  During the day, I´ll see people I know several times a day as I pass them or they pass me as we take different breaks.  Sometimes their will be a communal picnic of a small group or a small group will gather for coffee or lunch on they way.

For the first three days we walked in the Pyrannes through  fields, forests, and villages. (and Pamplona - the Univ. of Naverre is beatiful)  Two and a half of the last three days were through Oklahoma size mountains aand all of the last three days have been in vineyards, olive groves and ploughed fields.  The grapes, howevr, have yet to be harvested. 

When we arrive at our daily destination - sometimes exhausted - the routine is the same:  shower and wash clothes before anything else.  At a couple of alberques the folks running it offer medical treatment for feet - threading blisters bandaging people up.  After shower and clothes washing, some sit outside, some rest, some read, talk, journal, have a beer.  In the evening, most of us eat a local eater offering a pilgrims menu of an appetizer (salad, soupl, pasta), a main course (meat of some kind) wine, and desert for around 10€.  THe eating is done together and this is where most conversation takes place.  English, French and Spanish seem to be the most common languages at the table.  Many of the albergues have a kitchen and we have shared a common cooked meal, and I suspect we will do more of thesame.

As you might imagine we are a collection of characters on the Camin.  Maybe more on that latger.

An hour or two after I start walking, I usually stop take off my boots and pray morning prayer. Yesterday, I sat beside a Roman road just up from the Roman brdge we crossed, reminding me as I prayed that the pilgrims over the last 1000 years were traveling roads created by the Romans long before.  In the afternoon - usually when I am tired in the last 5K, I pray the rosary offer a decade for each of my four children and for my wife.  I have also started offering the day for a different people.  Yesterday it was my family of origin, today it was for a group of men and woman who suffer the terrible affliction of addiction.  I don´t know who or what will be pressed upon my heart tommorrow.

Finally, many towns we stay in offer mass at 8pm, and some - probabalbly less than half - take advantage.  After gtwo 30K days in a row, I am exhausted so I´ll sign off for now.

Saturday, October 3, 2009

Religious Life: Communio? or, Concilium? or, both?

  

 

Thanks to Michael Perry for thinking of me and bringing to the attention of the Mirror of Justice community the recent America essay by Sr. Ilia Delio, O.S.F. As one member of a religious order to another, I would like to respond to Sr. Ilia’s essay and the points she makes or implies about religious life. In particular, I suggest that when all is said and done the “communio” versus “concilium” distinction is untenable in any effort to be authentic to the Second Vatican Council’s aspirations, suggestions, and mandates. The fundamental justification for my position is that the Second Vatican Council’s Decree on the Appropriate Renewal of the Religious Life, Perfectae Caritatis, must be understood and applied in its entirety, not selectively. After having read Sr. Ilia’s interesting essay, I see that she chooses to follow some but not all of the Decree’s provisions. This is a mistake.

Before I offer a brief examination of the Decree that is essential to our understanding that one must subscribe to both “communio” and “concilium” if one wishes to be faithful to the Council, I have a few observations regarding some of Sr. Ilia’s claims. I do not disagree with the position she presents at the outset of her article: that women’s religious life is undergoing “a massive revolutionary change” which she describes as cataclysmic. But at the same time, Sr. Ilia does not offer a reason or theory why new communities that are more traditional are doing well, even prospering, with new vocations. Those who belong to many of the traditional orders have not had this experience of rejuvenation but are, from what Sr. Ileia states and others have demonstrated, suffering the cataclysm, a decline, and death. Could it be that those orders which are experiencing growth or rebirth are doing precisely what the Decree mandates but those which are in decline are choosing a path in which some of the Decree’s elements are followed but others ignored or dismissed?

Sr. Ilia speaks of the “spirit of Vatican II.” One often hears of the “spirit of Vatican II.” Well, the spirit is not some nebulous, self-manufactured hope; it is, rather, a reality that any of us can access should we choose to read and comprehend objectively the texts of the Council in their entirety. This is resourcement; this is what constitutes authentic aggiornamento. She also wonders if some women religious have misinterpreted the documents of the Council. The Spirit and the spirit of the Council are in the texts, and they are clear. So, I do not think it is so much a matter of misinterpretation as I think it is a matter of ignoring. And this is why it is essential to the task of “the spirit of Vatican II” to comprehend in its entirety what the Council had to say about religious life—both in men’s and women’s institutes—so that the Spirit can be followed, the spirit of the Council can be known, and the intent of the Council can be honored and observed. The Radcliffian thesis of “one or the other” that emerges from the “communio/concilium” distinction neglects what the Council intended as evidenced by the Decree’s text.

At the outset, the Council reminds one and all that to be in religious life—be it a male or a female order—one puts on Christ in an additional way (we all put on Christ at our baptism) through the evangelical counsels, i.e., poverty, chastity, and obedience. These counsels are not optional; they are constitutive of religious life. The Council acknowledged that the members of the religious institutes and the institutes themselves reflect a variety of gifts, and it asserted that each member and each institute lives “more and more for Christ and for His body which is the Church.” The greater the personal gift from the women and men religious, “the richer the life of the Church becomes and the more lively and successful its apostolate.” This is a “magis” that necessitates not only “concilium” but, simultaneously “communio.”

The Council was quick to point out the non-negotiable requirement that both adaptation and renewal of religious life must be faithful to sources of all Christian life and the original spirit or charism of the particular order. Of course, these may require some necessary adaptation of first principles but not abandonment. So, when Sr. Laurie Brink spelled out her “dynamic option” for religious life to be beyond Jesus, to be beyond institutional religion, and to be post-Christian, she offered a recipe that is in irreconcilable conflict with both the “spirit” and the intent of the Council’s Decree on Religious Life. [HERE]

One cannot discount the essential nature of what constitutes appropriate adaptation of which the Council speaks and to which Sr. Ilia alludes. The Council note that the ultimate norm of religious life is following Jesus Christ and the Gospels. To be beyond Jesus and to be post-Christian are problems of the highest magnitude. The Council, moreover, noted that all religious institutes must participate in the life of the Church, not beyond or outside of it. Regardless of the order—male or female; contemplative or apostolic), each shares in the principal mission of aiding its members to follow Christ, be united to God, and to remain faithful to the vows of poverty, chastity, and obedience.

While the Council recommended the possibility of prudent experimentation in adaptation, it clearly asserted that the approval of the Holy See or the local Ordinary must be obtained so that the experimentation is consistent with the Decree’s objectives. To pick and choose which practices and beliefs of the Church constitute acceptable adaptation of religious life would likely conflict with this vital element of the Decree. In this context, it is clear that each member of a religious institute is “dedicated to [the Church’s] service.” This essential communion with the Church requires daily prayer and “the holy sacrifice of the Mass.” In this regard, it would seem that the Benedictine Women of Madison, who reconstituted themselves as a secular corporation and piecemeally alienated ecclesiastical property and no longer have Mass at their Holy Wisdom monastery, are not in accord with the intent and “spirit” of the Decree. The mandated union with the Church has evaporated.

Sr. Ilia may consider that she follows the correct course in her effort to be faithful to the Second Vatican Council. But she has given us little to consider by way of pointing out that renewal, adaptation, or anything else that she offers draws from the Decree on the Appropriate Renewal of Religious Life. I trust that some of the relevant elements of the Decree that I have pointed out in this posting demonstrate convincingly that the Decree mandates both “communio” and “concilium”—you can’t have one without the other.

 

RJA sj

 

Friday, October 2, 2009

Robert Araujo & the C.M.S.W.R.: Communio Catholics?

For a very interesting essay in AMERICA, 10/12/09--by Ilia Delio, O.S.F., a Franciscan sister who is a professor in, and chair of, the Department of Spirituality Studies at the Washington Theological Union (D.C.)--subtitled The Vatican Visitation Prompts Reflections on a Religious Divide, click here.

George Weigel on "Caritas in Veritate"

From AMERICA, 10/12/09:

Proofreading the Pope

John F. Kavanaugh

The Tablet of London reported in early September that George Weigel has been bringing to Polish Catholics his criticism of the “incoherent sentimentalism” of Pope Benedict XVI’s new encyclical, Caritas in Veritate. Apparently Weigel claims that since the encyclical does not represent the pope’s views, Catholics should remain faithful to the “pro-capitalist teachings” of their countryman Pope John Paul II.

Weigel, of the Ethics and Public Policy Center, is the author of a massive biography of Pope John Paul II titled Witness to Hope. Though widely researched and respectfully praised, the book does not very successfully establish the “pro-capitalist teachings” of the pope who, as a Fortune magazine editor complained in November 1982, was “wedded to socialist economics and increasingly a sucker for third world anti-imperialist rhetoric.” Weigel acknowledges the harsh reaction of pro-capitalists to John Paul II’s encyclical On Social Concern, six years later, but in this case he proposes that the sections of the encyclical that clash with his own interpretation of John Paul were the result of committee work and Roman Curial politics.

George Weigel thinks that some liberal virus has infected the encyclical.
Weigel uses the same tactic in dealing with Pope Benedict’s new encyclical letter on charity, truth and social justice. But this time he is less gracious. With a conspiratorial tone worthy of Dan Brown’s novel The Da Vinci Code, Weigel suggests in an article in The National Review online edition of July 7, subtitled “The Revenge of Justice and Peace (Or So They May Think),” that some liberal virus has infected the encyclical. We are advised to read it armed with a gold marker and a red marker. The gold should highlight those passages that are authentically Benedict’s (that is, they agree with Weigel); the red is for the passages inserted by the pope’s evil peace-and-justice twin. Otherwise we are stuck with “an encyclical that resembles a duck-billed platypus.” The good Benedict is lucid and moving; the bad Benedict is “incomprehensible” and marked by “confused sentimentality.” Are these the passages that refer to world governance and the common good, the strategic importance of unions, the redistribution of wealth and governmental restraints on capitalism?

[Read the rest, here.]

New Pew Forum Survey on Abortion

Support for Abortion Slips

Issue Ranks Lower on the Agenda

Oct. 1, 2009

Overview

Polls conducted in 2009 have found fewer Americans expressing support for abortion than in previous years. In Pew Research Center polls in 2007 and 2008, supporters of legal abortion clearly outnumbered opponents; now Americans are evenly divided on the question, and there have been modest increases in the numbers who favor reducing abortions or making them harder to obtain. Less support for abortion is evident among most demographic and political groups.

[Read the rest, here.]

<p>Pope pushes Obama envoy on abortion, conscience protections</p>

Pope pushes Obama envoy on abortion, conscience protections

Religious Legal Theory at Seton Hall

You should start making plans now to attend Seton Hall's conference, Religious Legal Theory: The State of the Field, on November 12 and 13.  Here's the description:

During the twentieth century purely secular perspectives dominated legal theory. Most legal scholars thought of religion with regard to the law exclusively in terms of church-state relations and freedom of religion. In recent years, however, scholars of law and other disciplines have expanded their focus to include the contributions that religious convictions and perspectives can make to general legal theory and to our understanding of many areas of the law that seem at first sight unrelated to religion. 

For example, in his address at the 2008 annual meeting of the Association of American Law Schools, AALS President John Garvey emphasized the importance of religious perspectives on law.  Major university presses have published volumes on the intersection of faith, legal theory and theology (”Faith and Law: How Religious Traditions from Calvinism to Islam View American Law” (Cochran, ed. NYU Press 2007); “The Teachings of Modern Christianity on Law, Politics and Human Nature” (Witte and Alexander, eds. Columbia University Press 2006); “Christian Perspectives on Legal Thought” (McConnell, Cochran & Carmella, eds. Yale University Press 2001).  Established legal scholars have published work in law reviews offering explicitly religious perspectives. The Journal of Law and Religion publishes symposia on topics such as “Emerging Applications of Jewish Law in American Legal Scholarship,” and The Journal of Catholic Social Thought offers symposia on a variety of topics, both global and domestic. Numerous blogs and other non-traditional publishing venues are devoted to serious reflection on religious conceptions of law and public good.

Thursday, October 1, 2009

On Prof. Feldblum's nomination

Thanks to Rick for passing on the news that Chai Feldblum has been nominated to be a member of the EEOC.  I'm hoping that Prof. Feldblum has (or will develop) a more fulsome understanding of liberty of conscience than the one reflected in a comment she made about the Elane Photography case.  She remarked, "if you run a wedding photography service, even if you don't like the fact that those two gays are getting married, you'd better have someone on your staff who will take those pictures."

Here's how I respond in my forthcoming book:

[The idea] that the Huguenins [the photo agency owners] can avoid the problem by hiring an employee who is willing to shoot events that their own moral convictions do not permit them to shoot . . . solves nothing unless we conceive of conscience in individualist terms, as though its claims apply to my own conduct and no further.  In reality, conscience refers (literally) to shared moral belief, and while not every claim of conscience will actually be shared, such claims are, by their nature, susceptible to sharing.  As such, the Huguenins’ resistance to offering, through creative hiring, a “full service” photography agency is not an imperialist expansion of conscience’s interior domain; it is a natural outgrowth of conscience’s relational dimension.  Institutions do not possess a conscience in some ontological sense, but they do embody distinct moral identities that are shaped by their constituents’ consciences.  When we preclude the cultivation and maintenance of such institutional identities, it is not just moral pluralism that suffers; it is the cause of conscience itself.