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, January 22, 2010

More Thoughts on Allen's First Trend -- "World Church"

Continuing Amy's and Rick's reflections on John Allen's first trend, the World Church, one of the things that intrigued me most was something of a contradiction.  On the one hand, as Amy pointed out, he characterizes attitudes toward the supernatural as "perhaps the fundamental dividing line between the religious climates of the North and the South."  He says that we Christians of the North are reluctant to talk too openly about the spiritual world, citing skepticism about things like appearances of the Virgin Mary, miraculous healings, and demonic possession.  In the South, in contrast, the spiritual world is "tangible, palpable, and constantly nearby -- in some ways, more real than the physical world."  He speculates that a future pope from the global South might "issue an encyclical presenting Jesus Christ as the definitive answer to the 'spirits of the world' . . . A document from the Vatican along these lines would arguably stand a better chance of finding an audience at the global Catholic grassroots than virtually any other subject that Western theological elites might desire a future pope to address."  (I have to confess, as a Northern Christian (1) with a great fascination for Marian apparitions, and (2) who gets REALLY creeped out by demonic possession movies like "The Exorcist" and "Paranormal Activity", I'd be among that eager audience.)

But, Allen also makes some very interesting observations about the vantage point of the global South in its dialogue with the secular world and with other faiths that seems somewhat at odds the way that characterization of the South as more 'superstitious', less sceptical.  I found this one in particular absolutely fascinating -- he suggests that in the global North:  "Where the main rival to Catholicism is agnostic secularism, popular caricatures of Catholicism will style it as a conservative social institution, perhaps a little hide-bound.  Where the alternative [as in the global South] is Islam or Pentecostalism, however, Catholicism often appears comparatively moderate and sophisticated, arguably better able to engage modern science, politics, and economics than its competitors." 

What would these two trends mean for us as Catholic legal theorists, if we ourselves really open ourselves up to these somewhat contradictory influences from the Global South?  If we considered our debating partners as being NOT the agnostic, secular world of the American legal academy, but instead the Islamic or Pentacostal world, and if we were more open to the influence of the spiritual world into the physical world, could we still be credible as legal theorists?

I think I've opened this for comments.

Atticus Finch revisited

Lance McMillian, assistant professor at Atlanta's John Marshall Law School, has just posted a paper on SSRN.  The paper begins with this quote from To Kill a Mockingbird:  “We’re so rarely called on to be Christians, but when we are, we’ve got men like Atticus to go for us.”  --Miss Maudie.

Here is the abstract for Lance's paper:

Atticus Finch – the fictional hero of Harper Lee’s 'To Kill A Mockingbird' – is a legal icon. The legendary status of Finch is confirmed by his standing in the non-legal world of broader culture. In 2003, the renowned American Film Institute deemed Atticus the greatest movie hero of all-time. That a lawyer would be worthy of this honor is nothing short of remarkable and demonstrates that the stature of Atticus Finch has assumed mythic proportions in American culture. Atticus is not just a lawyer; he is justice in the flesh.

Enter best-selling author Malcolm Gladwell. Last year, Gladwell made waves in The New Yorker by arguing that, far from being a bright spot of racial enlightenment in a time of darkness, Atticus Finch instead made an immoral peace with the world of Jim Crow Alabama. While Gladwell is not the first to criticize the Atticus myth, he is the most culturally influential person to do so, which is an important development. The Atticus-As-Racial-Accommodator charge essentially posits that Atticus was all-too-comfortable with the racism (and racists) that surrounded him every day. Gladwell wonders: Where is the moral outrage? In response, I argue that Gladwell misdiagnoses Atticus because he neglects the important role that Finch’s Christian faith plays in who he is as a person. To understand Atticus, one must first understand Jesus and his teaching. Finch is a New Testament-style prophet whose worldview propels him to this truth: Love and understanding open doors; judgment and condemnation close them. Consequently, his quiet and gentlemanly interactions with the racists in his midst suggest neither passivity nor appeasement, as Gladwell contends. Instead, they are a form of character and strength – derived from Finch’s faith in Jesus – that imbue Atticus with moral authority in the eyes of the community. Moreover, while Gladwell rightly stresses the need of legal change in bringing equality to the South, the kind of moral change led by Finch was likewise necessary. Law is only half of the equation.

This year marks the 50th anniversary of To Kill A Mockingbird. Combined with the cultural significance of Gladwell’s recent revisionist foray, this milestone means that now is a particularly apt time to look at Atticus with fresh eyes and assess his character anew.


[You can download the paper here.]

Is the law hopeful?

Cornell law prof Annelise Riles has posted a new paper, Is the Law Hopeful?  Here's the abstract:

This essay asks what legal studies can contribute to the now vigorous debates in economics, sociology, psychology, philosophy, literary studies and anthropology about the nature and sources of hope in personal and social life. What does the law contribute to hope? Is there anything hopeful about law? Rather than focus on the ends of law (social justice, economic efficiency, etc.) this essay focuses instead on the means (or techniques of the law). Through a critical engagement with the work of Hans Vaihinger, Morris Cohen and Pierre Schlag on legal fictions and legal technicalities, the essay argues that what is “hopeful” about law is its “As If” quality.

As Christians, we have a "living hope through the resurrection of Jesus Christ" (1 Peter 1:3), and I know that any hopefulness found in the civil law -- particularly the techniques, rather than the ends, of civil law -- is going to pale in comparison.  Still, hopeful law is better than the alternative, I guess.  (I know, I need to stop speculating about the paper and just read it.)

Joseph Cao on human rights and the dignity of the unborn

Wow.  Watch this video, of Joseph Cao (R-La.), speaking on the House floor, about abortion and human rights.  Cao has many fans among liberals for being the only Republican to support the House Democrats' health-care-insurance proposal.  He is anti-death penalty, an activist for refugees, and a former Jesuit novice.  He quotes Pope Benedict XVI and talks about "moral anthopology."

Thursday, January 21, 2010

Unconditional Forgiveness -- for Christians and perhaps others

Patrick,

I agree with your claim that unconditional forgiveness is a Christian norm deeply rooted in our texts and tradition.  My recent essay on forgiveness in Islam concludes that there is a similar moral basis for unconditional forgiveness in Islam (though perhaps not as clear in the Quran as in the Sunnah and later jurisprudence).  I did note in my research that there are Rabbinic traditions that require affirmative steps on the part of the offender in order for forgiveness to be appropriate.  It is not clear to me that this position is universally accepted within Judaism, however.

Russ Powell

Wednesday, January 20, 2010

unconditional forgiveness -- not for Christians?

Last year, I wrote and posted a paper on the forgiveness that we humans are capable of and called to.  I argued that we are called to forgive one another *unconditionally.*  Further, I take *unconditional* forgiveness to be the Christian norm.  But some Christians seem to hold the view that those who have been wronged are entitled -- or maybe even required -- to condition their granting forgiveness on the offender's apology and contrition.  I understand that view, but I don't see a basis for it in the Christian revelation.  If there is one, I'd like help finding it.  Please note that forgiveness is distinguished from reconciliation; prudence may counsel against the latter (as in cases of abuse by a spouse, for example), but prudence cannot (I argue) justify placing conditions on the act of forgiveness.  Am I wrong about the Christian understanding of forgiveness?     

John Allen's trends, cont'd

Thanks to Amy for starting off our conversation about John Allen's The Future Church.  (Note, please, that the comments box is open.  Check out her post, and share your thoughts.)  Amy's description of Allen's claims and observations with respect to "A World Church" are both thorough and succinct; I have nothing to add to it.

A quick thought, though, about the observation that a “tight identification between the West and Christianity” has “disintegrated” and Catholicism has been turned “upside-down."  In some senses (many, perhaps) this observation is clearly correct:  Christianity is growing in the "South", and this growth would seem certain to result in (as Allen describes) "increasing attention to matters of pastoral concern in the South" and continued emphasis (I probably wouldn't use Allen's term, "turbocharging orthodoxy") on the moral dimensions of human sexuality.  

I wonder, though, if Christianity is not more closely, and deeply, tied to "the West" than Allen's diagnosis and predictions suggest?  I'm not talking so much about geography and am (to be clear) certainly not talking about race or ethnicity.  But, what if there are certain ideas, associated with "the West" but comparatively underdeveloped in "the East" or "the South", that are not just accidentally, but essentially, connected with Christianity?  Can Christianity "go South" without these ideas?  Are there substitutes for them? 

Amy talked about "the profound cultural differences between the European and North-American mind-frames:  e.g., the European tendency to articulate highly abstract principles, and only eventually work its way down to a more concrete discussion, in tension with the more pragmatic problem-solving leanings of North-American culture", and suggests that Christianity's Southern turn could well create new "tensions" related to cultural differences.  But I'm thinking -- not very well, at present, I admit -- not only about cultural differences (Christianity has wrestled with the challenge of inculturation for a long time, right?) but about the possibility that some really important (for Christianity) ideas (which, like culture, mediate our experience of the world) might not be present in those areas where Christianity is growing.  What are these ideas?  I'm not sure.  Perhaps some who have thought about this more than I have will say, "actually, the chance for Christianity to slough off the constraining baggage of the kind of ideas you are talking about -- what does Jerusalem have to do with Athens or Rome? -- should be welcome, and will result in a clearer, more authentic and "original" Christianity."  Perhaps.

Russello on Conscience Clauses

Here is a thoughtful reflection by MOJ friend Gerald Russello re Martha Coakley's statements about conscience clauses.

Tuesday, January 19, 2010

Praise the Lord and Pass the Precision Aiming Solution

MoJ readers might find this ABC News story -- http://abcnews.go.com/Blotter/us-military-weapons-inscribed-secret-jesus-bible-codes/story?id=9575794&page=1 -- which comes to my attention by way of the Leiter philosophy blog, to be of some interest.

I don't know which is more telling of our times: (a) the fact that a company that sells rifle sights to the military refers to the devices as 'precision aiming solutions'; (b) the fact that the same company inscribes Gospel cites on the sights, which in turn turn up on rifles being used by US military personnel in Iraq and Afghanistan; or (c) the fact that some military officials who know of the sights are alleged to refer to guns equipped with them as 'spiritually transformed firearm[s] of Jesus Christ.'

I daresay that Thomas Pynchon could not outdo this in even the most imaginatively rich of his dystopian futuristic fictions. 

Agreeing (twice) with Steve Shiffrin

Steve is quite right, in his recent home-schooling post, to make it clear that, in rejecting the sweeping, statist proposals of those who would outlaw home-schooling, we who believe in ordered-liberty-in-education do not and need not assert absolute immunity from reasonable regulation.  He is also right, I think -- in his recent post regarding Dean Garvey's op-ed -- a broad claim that "it always unjustifiably burdens taxpayers' consciences to require them to pay taxes into a general fund out of which some activities to which those taxpayers are opposed are funded." 

Now, unlike Steve perhaps, I think the "Madisonian claim" is unsustainable with respect to religion.  That is, it does not (necessarily) violate religious liberty, in my view, for the public authority to "support" religion or its exercise with public funds.  (To say this is to say nothing about whether and when such support is wise.)

In my view, the point of the Hyde Amendment is not so much to protect taxpayers' consciences (though I would think that the Amendment does make many of us feel better about paying our taxes).  The point is to (a) avoid increasing the number of abortions through subsidization, and (b) to "teach", or "bear witness to the fact", that abortion is an act that it is reasonable to oppose as immoral and unworthy of the political community's financial support.