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.

Thursday, April 15, 2010

The Glory of Poland

Roger Cohen has a wonderful op-ed piece in the New York Times, The Glory of Poland, for those of us trying to make sense out of the recent death of 95 of Polish's top leaders on their way to commemorate the 70th anniversary of the intentional slaughter of the cream of Poland's intelligentsia at Katyn Forest.  He emphasizes Poland's extraordinary history of reconciliation with the nations that destroyed it again and again in its history -- Germany and, most recently, Russia.  The reason so many of Poland's top government officials were on this plane was Russian Prime Minister Vladimir Putin's decision to join the ceremonies.  Cohen writes:

[h]e decided last week to join, for the first time, Polish officials commemorating the anniversary of the murder at Katyn of thousands of Polish officers by the Soviet Union at the start of World War II. Putin, while defending the Russian people, denounced the “cynical lies” that had hidden the truth of Katyn, said “there is no justification for these crimes” of a “totalitarian regime” and declared, “We should meet each other halfway, realizing that it is impossible to live only in the past.

Cohen ends: 

For scarcely any nation has suffered since 1939 as Poland, carved up by the Hitler-Stalin nonaggression pact, transformed by the Nazis into the epicenter of their program to annihilate European Jewry, land of Auschwitz and Majdanek, killing field for millions of Christian Poles and millions of Polish Jews, brave home to the Warsaw Uprising, Soviet pawn, lonely Solidarity-led leader of post-Yalta Europe’s fight for freedom, a place where, as one of its great poets, Wislawa Szymborska, wrote, “History counts its skeletons in round numbers” — 20,000 of them at Katyn.

It is this Poland that is now at peace with its neighbors and stable. It is this Poland that has joined Germany in the European Union. It is this Poland that has just seen the very symbols of its tumultuous history (including the Gdansk dock worker Anna Walentynowicz and former president-in-exile Ryszard Kaczorowski) go down in a Soviet-made jet and responded with dignity, according to the rule of law.

So do not tell me that cruel history cannot be overcome. Do not tell me that Israelis and Palestinians can never make peace. Do not tell me that the people in the streets of Bangkok and Bishkek and Tehran dream in vain of freedom and democracy. Do not tell me that lies can stand forever.

Ask the Poles. They know.

For all the Poles out there, if you haven't listen to their national anthem in a while -- such a sprightly, hopeful tune, and such tragic words, here it is (with English subtitles).

Wednesday, April 14, 2010

A conference in honor of Bill Stuntz

Check this out, here.

Maybe pro-life didn't lose so badly after all.

The Nation,a strongly "pro-choice" left weekly, had an article in its April 19 issue in which it said,"The healthcare reform debate exposed the weakness of the prochoice movement....The picture that emerged wasn't pretty, as supporters of choice found that they don't have the influence many assumed they did....[W]omen across the country were left with less access to the  procedure and a seriously weakened power base from which to protect and advocate for abortion rights....Obama's top legislative priority, healthcare reform, ensnared and ultimately set back abortion rights generally - and funding for abortion in particular." See the full article at http://www.thenation.com/doc/20100419/lerner    

Connecticut's statute-of-limitations proposal

The Connecticut Catholic Conference is urging Catholics to oppose the enactment of H.B. 5473, which would "completely eliminate the existing 30 year statute of limitations relating to sexual abuse of a minor."  To its credit, the Hartford Courant (not exactly an apologist for sexual abuse by clergy) highlighted, in this editorial, the un-wisdom of this proposal.  As the Conference states:

  • HB 5473 is unwise because it compromises sound judicial practices. A statute of limitation is a deadline for filing a claim. If missed, the claim expires, and the parties can rely upon this fact to arrange their affairs. Such statutes serve the common good by helping courts produce accurate results. Delayed claims means litigation after documents have been discarded, memories have faded, and witnesses have moved away or died. When California passed a similar bill, the dioceses there were forced to defend cases involving allegations against over 100 dead priests. Trials are unlikely to produce fair results when the only person able to testify about the alleged wrongful conduct is the party seeking the damage award.
  • HB 5473 is unjust because it imposes the burden of litigation expense and damages upon Catholic institutions that the State is unwilling to impose upon itself. The State is unwilling to permit a direct right of action against itself or any action against other government entities like towns, school boards, or public schools. Thus, a student victimized by a teacher in a Catholic school can sue the school for damages. A student suffering an identical assault in a public school cannot seek damages because his claim is barred by a doctrine called sovereign immunity. HB 5473 leaves this unfairness unaddressed.
Now, Rob's recent post -- about the tone-deafness of some Church leaders' reactions to the recent allegations -- makes me ask, is it inappropriate -- is it tone-deaf -- for the Conference to try to educate Catholics about the dangers the proposal represents, not only to due process but to the Church's work?  Should they leave such warnings to newspapers, or analysts and commentators not associated with the Church?  Or, may / should they speak out?

What explains the frequent tone deaf comments by Church leaders?

The media coverage of the Church's response to sexual abuse by priests has not always been fair, but Church leaders sure aren't helping matters.  Blaming pedophilia on homosexuality seems irresponsible, at best.  This is an area that is so inflammatory, so prone to bigotry and perceptions of scapegoating, that if the Church is going to make causal pronouncements about the underlying incidents of abuse, those statements need to be careful, restrained, and backed up by evidence.  A coordinated Vatican response would be helpful (and would have been more helpful a few weeks ago).  If this is the coordinated response, then there is even more cause for concern.

Why has it been so difficult for Church leaders to respond to the sexual abuse media coverage in a way that does not come off as self-pitying, overly defensive, or shifting the blame?  Is this a consequence of Church leaders operating largely beyond the reach of public criticism for so many years?  Have the anti-Christian strains in today's culture created an unhealthy "circle the wagons" mentality among Church leaders that is difficult to escape?  Is there a perception that admitting mistakes by Church leadership -- including the pope -- will cause believers to stumble in the faith, and thus such admissions should be avoided at all costs?  Is it the media's failure to report the responses that are actually and appropriately humble and remorseful?  Something else?

Thinking Small

At the Front Porch Republic, Jason Peters has a post on the importance of thinking small and lcoal.  On MOJ, when issues turn from "law" to broader policy or political issues, the focus tends to be national.  Should Catholic legal theory address the small and the local?  How?  Comments are open.

HT:  Anamaria Scaperlanda Ruiz

Who knew Catholic legal theory would be so "sticky?"

We may not be at the top of the blogosphere when it comes to overall traffic, but we are second only to Volokh when it comes to "stickiness" -- i.e., the length of the average visit.  Paul Caron has the details.

Tuesday, April 13, 2010

"The Better Pope"

In his column yesterday, Ross Douthat, speaking of the papacy of John Paul II, wrote:

"The church’s dilatory response to the sex abuse scandals was a testament to [John Paul's] weaknesses. So was John Paul’s friendship with the Rev. Marcial Maciel Degollado, the founder of the Legionaries of Christ. [John Paul] loved him and defended him. But we know now that Father Maciel was a sexually voracious sociopath. And thanks to a recent exposé by The National Catholic Reporter’s Jason Berry, we know the secret of Maciel’s Vatican success: He was an extraordinary fund-raiser, and those funds often flowed to members of John Paul’s inner circle.

Only one churchman comes out of Berry’s story looking good: Joseph Ratzinger. Berry recounts how Ratzinger lectured to a group of Legionary priests, and was subsequently handed an envelope of money 'for his charitable use.' The cardinal 'was tough as nails in a very cordial way,' a witness said, and turned the money down.

This isn’t an isolated case. In the 1990s, it was Ratzinger who pushed for a full investigation of Hans Hermann Groer, the Vienna cardinal accused of pedophilia, only to have his efforts blocked in the Vatican. It was Ratzinger who persuaded John Paul, in 2001, to centralize the church’s haphazard system for handling sex abuse allegations in his office. It was Ratzinger who re-opened the long-dormant investigation into Maciel’s conduct in 2004, just days after John Paul II had honored the Legionaries in a Vatican ceremony. It was Ratzinger, as Pope Benedict, who banished Maciel to a monastery and ordered a comprehensive inquiry into his order.

So the high-flying John Paul let scandals spread beneath his feet, and the uncharismatic Ratzinger was left to clean them up. This pattern extends to other fraught issues that the last pope tended to avoid — the debasement of the Catholic liturgy, or the rise of Islam in once-Christian Europe. And it extends to the caliber of the church’s bishops, where Benedict’s appointments are widely viewed as an improvement over the choices John Paul made. It isn’t a coincidence that some of the most forthright ecclesiastical responses to the abuse scandal have come from friends and protégés of the current pope.

Has Benedict done enough to clean house and show contrition? Alas, no. Has his Vatican responded to the latest swirl of scandal with retrenchment, resentment, and an un-Christian dose of self-pity? Absolutely. Can this pontiff regain the kind of trust and admiration, for himself and for his office, that John Paul II enjoyed? Not a chance.

But as unlikely as it seems today, Benedict may yet deserve to be remembered as the better pope."

Douthat's entire column is here.

Christian Militias

Bloggingheads: Christians With Guns
Bloggingheads: Christians With Guns

Yale Historian Paul Kennedy on "The Church Adrift"

An op-ed in the April 14 edition of the International Herald Tribune:

On Good Friday 1613, the English poet John Donne (then dean of St. Paul’s, London, but probably still a Catholic) was dispatched to the west of England on an official mission. As he rode toward the setting sun, he realized with dismay that he was riding with his back to Jerusalem, farther away from the place of the crucifixion and death of Christ. In remorse, he penned one of his most beautiful, famous and difficult poems: “Good Friday, 1613. Riding Westward.”

On the afternoon of Good Friday 2010, I attended the solemn 3 p.m. service at the Catholic chaplaincy of Cambridge University, and then walked westward, to a little cottage on the city’s fringes. And my mind was deeply troubled by an apprehension that today’s Catholic leadership is somehow also going in the wrong direction, is adrift, and appears completely unable to handle the international crisis of the many charges of sexual abuse made against an earlier generation of priests and of their superiors.

The church, my loyal pew-mates will assure me, will survive this crisis as it has survived many greater ones over the past two thousand years, and I suppose they are right. But does it have to “survive” so ineptly? I think not.

To my mind, the present crisis needs a much more decisive proclamation about where the Church stands on this very troubling issue. This should not be a proclamation to the bloodhounds of the media. It should not hold a press conference. It should not make stupid comparisons with anti-Semitism. All that will disappoint Catholics waiting for a better reply.

Of what should that proclamation consist? It surely doesn’t need a rocket scientist to figure out a logic chain. The pronunciation might consist of four interconnected parts.

The first is the strongest possible affirmation of the doctrine of the sheer evil of the abuse of power and trust, especially the abusing of the defenseless and the young. On this Christ himself seems to have been the most adamant. He could forgive the woman taken in adultery. He could forgive Mary Magdalene for her prostitution. He could forgive the thief on the cross. Indeed he seems to have forgiven all sorts of folks.

But not those who abused the young. The translation in King James Bible (Luke, Chapter 17) seems as good as any. It will be “impossible” for members of the Church, being human, to avoid future offences, he told his disciples. “But woe unto him through whom they come! It were better for him that a millstone were hanged around his neck, and he cast into the sea, than that he should offend one of these little ones.”

This seems to me a much more serious matter than many of those that the Church pays excess attention to.

The second is to remind all clergy that sexual abuse is not only a mortal sin but also a major transgression of criminal law. The perpetrator is liable for trial and punishment by the secular courts of any civilized society.

If a member of the clergy steals or cheats — or whatever else is forbidden in civil law — then that person should go to trial. There should be no dodgy transfers to offices outside the diocese.

The third is to articulate a sensible and just way of dealing with the superiors of the abusers. This is easier said than done, and it is probably worthwhile to make several distinctions.

If a Church superior really knew (or had the heaviest suspicions) that a member of his clergy had been abusive but sought to cover it up, then that superior is complicit both in the moral/religious and in the civil-law sense. What the civil system will do is up to the civil system itself. But the superior himself should certainly be moved on: There is many a Benedictine abbey with a spare cell for those who wish to reflect on the problems of good and evil, and many a foreign mission or medical station that could take a “worker priest,” stripped of hierarchical privileges, and now devoted to following the path of St. Vincent de Paul or Mother Teresa.

The fourth and final point tilts in a different direction. It would be a firm reminder that anyone who falsely and knowingly accuses an innocent clergyman of abuse some 20 or 40 years ago not only commits a dire mortal sin but also breaks the law. Bearing false witness is both a sin and a criminal offense.

This seems worth saying since one gets the impression that some bishops, in frantically responding to their earlier neglect, are reversing the old Anglo-Saxon legal principle that a person is innocent until proven guilty, and hastily suspending priests once an accusation has been filed.

In some cases the truth may never emerge; it will be a frustrating “he said this, but he said that” situation. And someone will have perjured himself. If you still believe in life after death, that perjury will take some explaining to St. Peter at the Pearly Gates. Nonetheless, it seems to me that reminding all present and former members of the Church that making false accusation is a heinous offence could be a reasonable part to the proposed Proclamation.

Looking back, I guess I was lucky. I was a Catholic altar boy from the ages of 7 to 21, often working early mornings and late at night with priests, canons, monsignors; nothing happened. I was in a Catholic boy-scout troop, with Catholic scoutmasters; nothing happened. I attended a superb all-boys Catholic high school from the age of 11 to 18, and we went out with our Catholic teachers to camps, marches, youth hostels; still, nothing happened. I have rarely missed Sunday Mass over the past 60 years.

The best thing that happened in those abuse-free places — apart from massive, massive learning of Chaucer, Shakespeare, Donne, Wordsworth, Browning, Hardy, Orwell and P.G. Wodehouse — was to be taught how to think in a clearheaded manner and to write intelligible paragraphs. One gets the sense that Holy Mother Church is not only mishandling the sexual-abuse scandal in a way that would have astonished the great Vatican diplomatic service of the past, but that it has no idea of how to explain itself; how to understand why people outside and inside the Church are so angry and disturbed.

The Church’s destiny has variously been described as akin to a person on a lengthy pilgrimage, or a caravan wending its way across the desert. If those are apt analogies, then it seems to me that the pilgrim has become lost in a forest, or the camel train has encountered a sandstorm. It is time to face the matter with grace and intelligence, and leave the belated breast-beatings and obfuscations behind. And read a few more of John Donne’s poems, both the sacred and the profane, to get a better sense of our round earth and humankind’s curious place upon it.

[Paul Kennedy is a professor of history and director of International Security Studies at Yale University and author of “The Rise and Fall of the Great Powers.”]