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 15, 2010

A Case of Solidarity

In Sollicitudo Rei Socialis (par. 38), John Paul II famously wrote:

When interdependence becomes recognized in this way, the correlative response as a moral and social attitude, as a "virtue," is solidarity. This then is not a feeling of vague compassion or shallow distress at the misfortunes of so many people, both near and far. On the contrary, it is a firm and persevering determination to commit oneself to the common good; that is to say to the good of all and of each individual, because we are all really responsible for all.

More recently, building upon the work of his predecessor, Benedict XVI wrote in Caritas in Veritate (par. 38) that “[s]olidarity is first and foremost a sense of responsibility on the part of everyone with regard to everyone” such that “it cannot therefore be merely delegated to the State.”

Robby’s posts (here and here) encouraging members and readers of MOJ to contribute to the relief efforts reflect the moral fact that we – each of us – has a non-delegable responsibility to help our brothers and sisters in Haiti recover from the tragedy that has overtaken their country.  At the same time, the scope of the disaster is so great that, as the principle of subsidiarity suggests, governments and international organizations have a critical – an indispensable – role to play in providing relief services and supplies, in coordinating their provision, and in creating the conditions under which they can be provided.

Yesterday, President Obama announced a number of steps that the United States is undertaking in response to the earthquake that crippled Haiti on Tuesday and the horrific suffering that has taken place in its aftermath.  These measures include not only money, but the deployment of an aircraft carrier and other vessels, detachments of U.S. soldiers and Marines to secure the area so that rescue efforts can take place in a safe and orderly fashion.  (See here, here and here).  All of this is welcome news.

There is no truly compelling reason to aid the people of Haiti based solely on national self-interest.  True, they are a nation in our own "backyard," a little more than 700 miles from South Florida.  But we could safely ignore the plight of the inhabitants of Haiti without fear of major repercussions.  Given our newfound concern with respect to illegal immigrants and the control of our borders, the United States could take effective steps to prevent the influx of refugees from Haiti, and the American public has proven itself to be either blithely unaware of or content in its indifference to the criticisms of other nations.  So we could, if we wished, sit by and watch the corpses rot in the streets, and instead concentrate on our own problems.

 The fact that we (as a nation and as individuals) are responding to the crisis in such a generous fashion shows that a commitment to solidarity is still at work in the American people.  It shows that, notwithstanding the culture of death, the natural law is imprinted on people’s hearts, and the seeds of the Gospel are resilient.

a case for subsidiarity?

In response to Rob's question, I am reminded of the following provocative claim by my old teacher, Louis Dupre:  "We now have reached a point in history where the principle of subsidiarity with respect to the common good must be applied to the states themselves in their relation to the global community."  Dupre cites in this connection Pacem in terris nos. 138 & 140. 

Does citizenship matter in a disaster?

Kenneth Anderson and Peter Spiro raise a good question that should be of interest to Catholic legal theory.  In a humanitarian crisis, what role should citizenship play?  Specifically, why exactly should the U.S. government place a higher priority on evacuating an uninjured American than on evacuating a critically injured Haitian?

Some news from across the pond, ...

... from MOJ friend and Trinity College Dublin law prof Gerry Whyte:

"The decision of the UK Court of Appeal in Ladele v. London Borough of Islington in which it held that a Registrar of Marriages had to officiate at the registration of same-sex unions despite her own religious objections to such unions may be of interest to MOJers. The decision may be read here ."
 

Prevent the murder of children! Prohibit home schooling!

Martha Fineman has posted her new paper, Taking Children's Interests Seriously.  Predictably, she laments our society's preoccupation with parental rights, particularly in the area of education.  She argues that "public education should be mandatory and universal."  What exactly is the problem with allowing home schooling and private schools?  She makes a lot of arguments, mostly unsubstantiated.  She argues that allowing families to opt out of public schools is reinstituting segregation in urban areas.  I could be mistaken, but I think that's a function of segregated neighborhoods more than public school opt outs, and I believe that urban Catholic schools have a pretty good record on integration. 

Fineman concedes that parents know their children better than the state does, but suggests that the knowledge relates to matters such as whether the child likes to eat carrots, or whether the child prefers the color red to the color blue.  On more fundamental matters, we should defer to the"experts" -- i.e., the professional educators.  Most parents, I'm guessing, do not share Fineman's view of the parent-child relationship. 

Among the many eyebrow-raising assertions in the paper, there is one jaw-dropper:

[S]tate policies favoring parental choice in home schooling children have resulted in several egregious instances of parental neglect and abuse. Just this year, two home schooled children in Washington, D.C. were brutally murdered by their own mother, yet their decomposing bodies were not discovered until well after their deaths. The mother’s ability to home school her children without any state oversight arguably enabled her to repeatedly torture and ultimately murder her children without anyone noticing.

End violence against children by making sure they're all in public schools?  Right.

Thursday, January 14, 2010

Weiler on the Trial of Jesus

The 23rd Annual Erasmus Lecture is being delivered by Prof. Joseph Weiler.  The topic is "The Trial of Jesus."  I've had the privilege of hearing Prof. Weiler speak on this subject, and he's amazing.  If you are going to be in New York City on March 7, don't miss this lecture.  

More on Robertson

I appreciate Robby's comments on Pat Robertson, and just to clarify, by labeling him a "showman," I do not mean that Robertson is not sincere.  I just mean that, given the controversies stirred up by his previous post-disaster statements, I have a hard time believing that he says these things without an eye toward the publicitiy it brings.  He appears to be someone who enjoys the limelight, and these days, his only entries into the limelight are at times like these. 

It is also important to remember that Robertson and the institutions he has founded do a lot of good in the developing world, including Haiti.  (Full disclosure: my cousin works for one of them.)  The world could probably use more people like Robertson, who puts his money where his (too often unfiltered) mouth is, than folks (like me, I'm afraid) who too often sit on the sidelines with their more theologically compassionate views.  Robertson's remarks are so regrettable because: 1) they become a sideshow, distracting from the powerful witness of those bringing Christ's love into the midst of suffering; and 2) they ensure that his own primary legacy will be that of a buffoon, which is not the whole picture.

More on the "curse"

Thanks, Rob, for that link to the post on Pat Robertson at Get Religion.  It does, as you say, provide useful context---context that the author rightly says should be mentioned by people reporting Rev. Robertson's remarks.

I do not know if others who have viewed the video clip perceive it as I do, but among the things that struck me was Robertson's evident sincerity.  In this case, at least, I don't think he was being a showman.  He seems to really believe in the "curse" and the legend of the "pact with the devil."  Moreover, I didn't perceive any rancor toward the people of Haiti in his tone.  On the contrary, he seemed sincere in asking for prayers and financial support for them.  There was no suggestion of glee that the Haitians were "getting what they deserved," or anything like that.  Belief in the "curse" sure seems wacky to me, but there it is.

This business calls to mind something I saw a few years ago in a documentary film about French peasants who, at enormous risk to themselves and their families, hid and rescued Jewish children during the Vichy years.  A simple farm couple who had saved many children were asked by an interviewer why the catastrophe of the Holocaust had fallen on the Jews.  It was, they said, because the Jews had rejected Christ.  Like every other viewer, I suspect, I was stunned that people who had behaved so heroically toward Jewish victims could have believed such a thing.  The interviewer then asked why they had risked their own lives to save Jewish victims.  It was, the wife (if I recall correctly) said, because the children were in grave danger.  And, the husband added, the Jews are God's chosen people.  Gosh, the world is a complicated place, is it not?

Another issue that Robertson's remarks brought to mind is the question of when, if ever, it is appropriate to speculate about whether a catastrophe represents the judgment of God upon a people.  My first impulse is to say, "never."  Yes, yes, I know the Bible is filled with stories of catastrophes that represent the judgments of God, but (assuming that what Judaism and Christianity teach about biblical inspiration is true) it is one thing for an inspired writer to report that a catastrophe is a divine judgment; it is quite another thing for those of us who are not inspired to speculate on such matters.  But then I recall the most profound speech in our national history---Lincoln's second inaugural address.  Despite the familiarity of Lincolns words, they never lose the power to move:

"Woe unto the world because of offences! for it must needs be that offences come; but woe to that man by whom the offence cometh!" If we shall suppose that American Slavery is one of those offences which, in the providence of God, must needs come, but which, having continued through His appointed time, He now wills to remove, and that He gives to both North and South, this terrible war, as the woe due to those by whom the offence came, shall we discern therein any departure from those divine attributes which the believers in a Living God always ascribe to Him? Fondly do we hope--fervently do we pray--that this mighty scourge of war may speedily pass away. Yet, if God wills that it continue, until all the wealth piled by the bond-man's two hundred and fifty years of unrequited toil shall be sunk, and until every drop of blood drawn with the lash, shall be paid by another drawn with the sword, as was said three thousand years ago, so still it must be said "the judgments of the Lord, are true and righteous altogether."

What are we to make of that?  I have no answer.

The brilliant historian of American slavery Eugene Genovese gave some lectures a few years ago that were published as a book entitled A Consuming Fire:  The Fall of the Confederacy in the Mind of the White Christian South.  Genovese asked the question, how did Christian supporters of secession account for the defeat of the Confederacy?  He looked at sermons preached in southern churches after the civil war for the answer.  He suspected that the preachers would see the defeat as a divine judgment on the South, but what sin would it be a judgment upon?  Slavery?  Or something else?  Genovese found that preachers indeed viewed the defeat of the South in Old Testament terms.  Lincoln was presented in many sermons as the equivalent of a Persian tyrant who was used by God to execute chastening judgment upon God's people for their sins and waywardness.  The sin of which the South was guilty, though, was not slavery, as the preachers saw it.  They continued to insist that slavery was sanctioned by the Bible.  Rather, the southerners were guilty of practicing slavery in an unChristian manner.  In particular, the southern slave system deprived the slaves of access to the saving Word of God (by denying them literacy), and it encouraged sexual immorality by, among other things, not upholding marriage among the slaves and by permitting slave families to be separated.

Pat Robertson the showman

Get Religion provides some more context -- but by no means a defense! -- for Pat Robertson's remarks on Haiti's "deal with the devil."  To make matters worse, Robertson's network defended the remarks, explaining that "countless scholars and religious figures over the centuries . . . believe the country is cursed."  Faith in a good and loving God already takes a beating after a natural disaster like this; Robertson's attention-grabbing, "yes, religion promotes a worldview that is as primitive and childish as you feared!" schtick doesn't help matters.

Wednesday, January 13, 2010

More sad news from Haiti

The Catholic News Agency is reporting that the leader of the Church in Haiti, Archbishiop Serge Miot of Port-au-Prince, is among the dead.