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.

Friday, November 20, 2009

Church Outreach to Deaf Catholics

How would we learn about Catholic intitiatives like the one described below, if not for John Allen?  Besides the news, his analysis in this article ("Rethinking the Catholic 'Box Score')  is, as usual, keen.

From Nov. 19 -21, the Vatican is holding a first-ever conference on ministry to the deaf. The event was presented by the Pontifical Council for Health Pastoral Care, and organized by groups such as the International Catholic Foundation for the Service of Deaf Persons and an Italian religious order called "The Little Mission for the Deaf."

On Tuesday, Archbishop Zygmunt Zimowski, President of the Pontifical Council, estimated that there are 1.3 million deaf Catholics around the world -- many of whom, he admitted, struggle to "participate fully" in the church, "with consequent obstacles to their possibilities for spiritual growth and religious practice." That marginalization, Zimowski said, represents "a loss of their contribution to the vitality and riches of the church."

Ministry to the deaf is a relatively new pastoral category, and it's emerged as creative impulses usually do, from ordinary Catholics seeing a need and trying to meet it. Officialdom is simply ratifying something already bubbling at the grassroots.

If you want a measure of how over-emphasis on a limited set of categories distorts perceptions, consider this: Barrels of ink have been spilled dissecting the Vatican's outreach to disgruntled Anglicans, which, realistically, might bring a few thousand new members into the church worldwide. Here you have an effort to integrate 1.3 million folks more thoroughly into the church, and it flies below radar -- because, of course, ministry to the deaf doesn't open a new front in the culture wars, which is a category we in the West take very seriously indeed.

This week's conference also helps account for something that otherwise can seem inexplicable: Why so many Catholics remain basically bullish about the church, despite all the scandal, division, and disappointment. Such Catholics aren't in denial, but their energy is invested in trying to do something positive.

When hope is what gets you out of bed in the morning, the landscape almost always looks more promising. In parishes, lay movements, schools, and other Catholic venues all over the world, that's still the case, even if it rarely attracts much notice.

Thursday, November 19, 2009

That reasonable Washington Post editorial

Rick:

I think the Washington Post is right in suggesting that the controversy about Catholic Charities in Washington, DC is about religious liberty concerns, not the definition of marriage; but the claim at the beginning of the editorial that the Catholic Church is "not trying to prevent the legalization of marriage in Washington, DC" is misleading.  I suspect that the Post's editorialists are doing some political spinning.  For better or worse (I say for better), the Church in the District, like the Church everywhere else, opposes the re-definition of marriage to eliminate the requirement of sexual complementarity. Catholic leaders and others in the District know that supporters of re-defining marriage have the votes on the City Council to accomplish their goal.  Their hope, however, is that the matter will be put to the residents of the District in a referendum.  The result in that event could well be a different one.  The effort to gather signatures for a referendum is being led mainly by ministers of historically black churches (such as the Church of God in Christ); but I believe it has the support of the Catholic archdiocese.

Geoffrey Stone on Church, State, Kennedy, and Stupak

Prof. Geoffrey Stone contends, here, that the role of the Catholic Church, and Catholics in securing passage of the Stupak Amendment, and in rejecting a same-sex-marriage law without adequate religious-liberty exemptions, is in worrisome tension with church-state separation and religious liberty.  I disagree (and only in part because I do not agree that JFK's vision of the role of religion in America is the best one).  Here is the main point:

Freedom of religion in our nation means, first and foremost, the right of individuals to live their lives in accord with their most cherished religious beliefs, and free of government interference. It is not for our government to tell Muslims they must drink alcohol or eat pork, it is not for our government to tell Jews they must consume shrimp or work on Saturday, and it is not for our government to tell Catholics they must have abortions or marry persons of the same-sex.

At the same time, though, the reciprocal of that freedom is an equally fundamental responsibility. This is the responsibility not to use the authority of the government to compel individuals to live their lives in accord with our "religious dictates" that they do not share. Muslims have the right not to consume pork, but they should not use the power of the government to forbid others to eat pork. Jews have the right not to work on Saturday, but they should not use the power of the government to prohibit others from working on Saturday. And Catholics have the right not to marry people of the same sex, but they should not use the power of the government to forbid others from marrying the person they love.

Most of this is not controversial:  People should not be compelled to live their lives in accord with others' "religious dictates".  (Indeed, they should not be compelled by government to live in accord with their own "religious dictates".)  Prof. Stone's mistake, I think, is in suggesting that securing a legislative provision that prevents financial subsidization of abortion "use(s) the authority of government to compel individuals to live their lives in accord with" "religious dictates."  First, it is an accessible, reasonable moral position -- not a "religious dictate" -- to hold that abortion violates basic commitments to human equality.  Second, and in any event, the government's refusal to fund abortion does not compel people to do anything.  (Now, if Prof. Stone wants to argue that the government's refusal to fund school vouchers for parents who object, on religious grounds, to the ideology conveyed in public schools . . . ).

The Washington Post on SSM and religious liberty in DC

A reasonable editorial, I thought:

YOU MIGHT not realize, given the fury between Catholic Charities and the D.C. Council, that the Catholic Church is not trying to prevent the legalization of same-sex marriage in the District. Rather, the battle is over the impact that the legislation could have on the vital services it provides.

Catholic Charities is concerned that the current draft would force it to choose between upholding its religious beliefs and complying with the District's human rights law in order to maintain city contracts. The clash raises tough questions. But they strike us as solvable, if council members shelve the self-righteousness and look for solutions. . . .

Are Catholic law schools wise stewards of their students' debt?

I agree with Rick that the legal profession's academic woes should not nececessarily reduce our commitment to the law as a humane discipline.  However, I do believe that all law schools -- Catholic law schools in particular, I would hope -- should use this time as an impetus to think carefully about the concept of stewardship as it applies to legal education.  It seems that Catholic law schools have largely been indistinguishable on this front, simply following the crowd in asking how much the market can bear in terms of tuition hikes, reduced teaching loads, swanky new centers, and the chase for LSAT/GPA profile rather than asking whether they are being wise stewards of their students' (not-yet-existent) financial resources.  So I applaud a school like Washington & Lee for making an effort to connect their students more directly with the work they will do as lawyers.  I am concerned about the pressure that places on other important aspects of the curriculum, especially the interdisciplinary aspects of the curriculum, but I applaud them for thinking seriously about whether the current model of legal education is in keeping with students' long-term interests. 

To be clear, I am among those chasing the crowd -- I love reduced teaching loads, swanky new centers, and a class with an impressive LSAT/GPA profile.  So I'm not exactly sure if and how law schools should look different -- after all, a higher US News ranking allows me to bask in some reflected glory is in our students' long-term employment interest -- but when we think about new expensive initiatives, we should ask whether the initiative justifies increasing our students' debt load.  One of the unfortunate results of the great rankings chase is that the students with the less rosy job prospects are subsidizing the education of the students with the rosier job prospects.  Those same students are also paying my salary.  So is it important that law students have the opportunity to learn and reflect on the insights that Rawls or Maritain have for law, politics, and citizenship?  Absolutely.  Should a Catholic law school be making "splashy" hires by letting a big name carry a three-credit-per-decade teaching load consisting only of their seminar, "Things Rawls and Maritain Might Say to Each Other if They Were in My Kitchen?"  Probably not.  Further, I'm not sure if Catholic law schools can justify relying on the market as an indicator that their tuition rates are in keeping with their students' long-term interests.  There appears to be a bottomless reservoir of young people willing to incur huge debts for a degree that does not always make economic sense.  Leading figures within the Catholic intellectual tradition have generally been unafraid to tell people when they're making decisions that are detrimental to their long-term flourishing.  Catholic law schools, it seems to me, should pay attention to our students' long-term flourishing even when -- especially when -- they're willing to pay any price for a law degree.

Wednesday, November 18, 2009

Catholic Legal Theory and "The Death of Big Law School"

Over at Prawfsblawg, I weighed in on an ongoing discussion about the implications for law schools and legal education of the crisis / meltdown / downturn / setback in the legal-services business.  I wrote:

"Above the Law" has collected some posts dealing with the blog-circulating suggestion that "problems with the Biglaw business model will have major effects on the law school business model."  I'm confident that this suggestion is correct.  And, what was said at the "WSJ Law Blog" might also be correct, as a predictive matter :  "Perhaps the focus will be more on teaching students on how to draft interrogatories than on reading John Rawls. If we’re reading Gerding correctly, law school may become less fun, but perhaps more useful."  Again -- maybe so.

A friend passed this prediction along to me, noting that this change "has been a long time coming," and here's what I wrote back:

In my own view, for what it’s worth, it would be very sad if the lesson that law schools took away from all this is that they should become more narrowly technical and practitioner-preparatory in their approach.  In my view, law school needs to be *more* interdisciplinary, and the study of law needs to be approached *more*  like a humane discipline, than they currently are.  The world does not need, really, blinkered-but-efficient-and-proficient technicians; it does need, though, lawyer-citizen-leaders who are well read, ethically sensitive, public minded, and theoretically sophisticated.  There are huge problems with the profession, I think, but the answer to those problems is not, it seems to me, for law schools to resign themselves to the relatively unambitious task of providing fodder for the current (or post-crash) law-firm machine; instead, we need to produce people who have the ability and intellectual resources to transform the profession and help the profession to be what it should be.

This sounds, I admit, abstract and Ivory-Tower-ish (almost a caricature of out-of-touch tenured academics' self-important musings), even elitist.  I am uncomfortable with that.  To be clear, I think *practicing* law is (or, at least, should be) both "fun" and "useful" (it has certainly be fun for me!).  The disdain for everyday law practice that one sometimes encounters in the more rarified precincts of the academy is, at best, off-putting.  My sense, though -- what I was trying to express in my note to my friend -- is that the *practice* of law, properly and richly understood, is . . . more (deeper, bigger, harder) than I think people give it credit for.  It is absolutely the role of good law schools to produce good lawyers; I'm just suggesting that the problems with the structure of the profession have not shown that the way to produce good lawyers is to shrink our understanding of what it means to be a good lawyer.  The big-firm model of legal-services delivery seems messed up and dysfunctional, no doubt.  I'm pretty sure, though, it's not because students have been reading too much Rawls.  (Well, maybe it is.  But it's not because they have been reading too much Jacques Maritain or Thomas Aquinas.  =-)  ). 

 

What should we, who are engaged in the Catholic-law schools project think about all this?

Tuesday, November 17, 2009

Policing the Church

 

 

I sincerely thank Steve Shiffrin for his post on Cardinal George’s opening address delivered at the annual meeting of the United States Conference of Catholic Bishops. I appreciate Steve’s comments, but I find it necessary to provide a complement to his thoughts.

First of all, I think most folks would agree that no one likes to be policed, especially by someone whose authority to do so is limited. Most should also agree that the media and the academic community have a pretty free reign in doing what they do: in the case of the media, it has two functions—to provide information in an objective fashion and to provide commentary offering its perspective on pressing issues. The first involves the search for truth and making it available objectively; the second may include this approach, but it need not. Universities are engaged in learning, and I am confident that this ultimately means a search for the truth about whatever is being studied. Yet experience with both institutions—the media and the academy—demonstrates that the search for the truth does not always prevail amongst all their elements. It is more than possible that components of the media and elements of the academy (which has the responsibility of the cause of truth if it claims to be Catholic) can and do offer opinions which are not necessarily the truth about the matter on which the opinion is offered. But this does not arrest the possibility that the opinion is presented as the truth when, in fact, it is not. And, when others attempt to offer helpful correction to those in the media or the academy who confuse opinion with truth by suggesting that the former is the latter, the correction is not always welcome—the rectification is often viewed as undue or as pressure.

Both of these groups as I have briefly defined them have made efforts in the past (and, I suspect will continue to do so in the future) to correct the Church, especially her teachers—the bishops—on issues with which elements of the media or the academy conclude that the bishops are in need of correction. When papers and electronic media issue opinions that disagree with or attack a bishop or several bishops or the bishops’ conference, they are putting pressure on these teachers whose responsibility it is to teach. Their teaching may not be welcome, but if must be clear that it is not their episcopal job to offer only those teachings which the media or members of the academy approve. In these two contexts involving the media and the academy, their efforts I have described can become a form of policing that is of questionable authority. Is it within the competence of the media or the academy to undermine those whom the Church—our Church—has designated as its principal teachers? No.  

This brings me to the second point I wish to make in response to Steve. The Second Vatican Council (Lumen Gentium) has given us relatively recent instruction on the roles and responsibilities of the Church’s members—the People of God, the Body of Christ—be they clerical, lay, or religious. Moreover, the principles and norms set forth by the Council have been further elaborated in more recent years, e.g., statements by the Pontifical Council for Social Communication or magisterial teachings such as John Paul II’s Veritatis Splendor, Fides et Ratio and Ex Corde Ecclesiae. As a bishop and as the Vicar of Christ, John Paul’s views were not just one set of views among other sets of opinions (of the media or members of the academy) but authoritative positions that those who abide by the Council are obliged to follow. It would be imprudent to think that one could still be Catholic but not have to take to heart what the magisterium teaches. I must add here that bishops act in conjunction with the pope as the Council has instructed us. This brings me to a third point.

What could the Bishop of Rome as the Vicar of Christ, what could any bishop, what could a conference of bishops do about those who claim to be Catholic but do not follow the Church’s teachings? It remains within the competence of the Church, through her teachers, to remove the title “Catholic” from the institution that wrongfully claims it. This does not require stripping the name from the building, or the teaching post, or the periodical. It will suffice to declare clearly and authoritatively that something that or someone who employs the modifier “Catholic” does so erroneously and, in fact, is not. An example would be the declarations made by the United States Conference of Catholic Bishops that Frances Kissling’s Catholics for a Free Choice (now Catholics for Choice) was and is, in fact, not Catholic in spite of Ms. Kissling’s using the word “Catholic” to describe her organization. The organization persists in using the term “Catholic”; but those with the proper competence to declare so have stated emphatically that it is not.

Perhaps Steve or others would like to comment on this further, but let me conclude with this one thought from John Paul II’s encyclical Veritatis Splendor to which I have already made reference:

Dissent, in the form of carefully orchestrated protests and polemics carried on in the media, is opposed to ecclesial communion and to a correct understanding of the hierarchical constitution of the People of God. Opposition to the teaching of the Church’s Pastors cannot be seen as a legitimate expression either of Christian freedom or of the diversity of the Spirit’s gifts. When this happens, the Church’s Pastors have the duty to act in conformity with their apostolic mission, insisting that the right of the faithful to receive Catholic doctrine in its purity and integrity must always be respected. “Never forgetting that he too is a member of the People of God, the theologian must be respectful of them, and be committed to offering them a teaching which in no way does harm to the doctrine of the faith”. (N 113)

 

I, for one, do not think that Cardinal George is going to take actions against elements of the media or the academy to make them “knuckle under.” However, I do think that there is evidence suggesting that elements of society that consider themselves Catholic have, on occasion, unduly and improperly attempted to put pressure on the Church’s teachers. To borrow from John Courtney Murray, S.J., the question is not whether the Church is safe for the media and the academy (she is); the question, rather, is whether the media and the academy are safe for the Church (and this sometimes is unclear).

RJA sj

 

Policing the Media and the Universities

According to Catholic New Service http://www.catholicnews.com/data/stories/cns/0905092.htm, Cardinal George in his opening address to the fall conference of Catholic bishops "noted that discussions have recently begun about how the bishops might strengthen their relationship to Catholic universities, 'to media claiming the right to be a voice for the church' and to organizations that direct various works under Catholic auspices.

"Since everything and everyone in Catholic communion is truly interrelated and the visible nexus of these relations is the bishop, an insistence on complete independence from the bishop renders a person or institution sectarian, less than fully Catholic," Cardinal George said.

"The bishops' efforts in these areas are intended 'to clarify questions of truth or faith and of accountability or community among all those who claim to be part of the Catholic communion.'"

Many conservatives will welcome this enforcement effort. I think if the Holy Spirit were guiding the efforts of Cardinal George, he would be looking to further the cause of truth by persuasion instead of trying (I will bet) in a futile way to get magazines and universities to knuckle under to the bishops.

I

An Interesting Addition to the Chicago Tribune's Religion Blog

Sister Anne Joan Flanagan, FSP, a Daughter of St. Paul stationed in Chicago, has recently been added to the panel of bloggers on the Chicago Tribune's religion blog, "The Seeker."  Her first post is a reaction to  a Tribune cover story on the predicament of couples who resort to IVF to resolve their infertility problems, and then face questions about the embryos that may never be born.  Her most recent post is an  interesting reflection on the messages sent by the various 'uniforms' people wear -- from her habit, to the military uniform and the "habit-like middle eastern clothing" worn by Major Hassan (the Fort Hood shooter).  Nice to see Tribune including the perspective of the lived experience of a woman  religious on their panel!  (Sr. Anne also has her own Nunblog.)

Genentech's lessons for the Bishops

Perhaps the Bishops would have escaped criticism for raising concerns about the health care reform bill if they had taken greater pains to conceal their role?