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, September 17, 2010

Bainbridge responds to Sen. Gregg regarding "social justice"

Here is former MOJ-er Prof. Bainbridge, responding to Sen. Gregg on the issue of promoting "social justice":

What's wrong with promoting social justice?

The Hill:

"My concern is that she would use the agency for the purpose of promoting social justice," [GOP Senator Judd] Gregg said [about Elizabeth Warren] on ABC's "Top Line" webcast.

Is social justice now a verboten subject in the new, post-Palin conservative movement? And, if so, why?

As a Catholic and Christian, do I not have a moral obligation to promote social justice? The Catechism treats social justice as part of the life in Christ. Pope John Paul II wrote that "peace is built on the foundation of justice." He situated "daily work and struggles for justice in the context of bearing witness to Christ the Saviour."

Granted, many progressive Catholics conflate the moral obligation to pursue social justice with the teachings of liberation theology. This is probably why people like Glenn Beck dismiss social justice as just a code word for a left-liberal political agenda. Granted also, Elizabeth Warren's politics probably overlap a lot with adherents of liberation theology.

As John Paul himself illustrated, however, it is possible to have a commitment to social justice without embracing the socialistic politics of liberation theology.

Conservative Catholic scholar Michael Novak powerfully addressed this point in his essay Social Justice: Not What You Think It Is. He quotes Pope Leo XIII, for example, as teaching that:

Therefore, let it be laid down in the first place that in civil society, the lowest cannot be made equal with the highest. Socialists, of course, agitate the contrary, but all struggling against nature is in vain. There are truly very great and very many natural differences among men. Neither the talents nor the skill nor the health nor the capacities of all are the same, and unequal fortune follows of itself upon necessary inequality in respect to these endowments.

Novak further explained that:

Friedrich Hayek wrote a really powerful little book called The Mirage of Social Justice, in which he picked up on the way the term "social justice" was being used in the first half of the 20th century. He said "social justice" had become a synonym for "progressive," and "progressive" in practice means socialist or heading toward socialism. Hayek well understood the Catholic lineage of social justice, how the term had first appeared in Catholic thought, until almost 100 years later it became dominant on the secular Left.

The Popes, Hayek noted, had described social justice as a virtue. Now, a virtue is a habit, a set of skills. Imagine a simple set of skills, such as driving a car. The social habit of association and cooperation for attending to public needs is an important, newly learned habit widely practiced, especially in America. Social justice is learning how to form small bands of brothers who are outside the family who, for certain purposes, volunteer to give time and effort to accomplishing something. If there are a lot of kids who aren't learning how to read, you volunteer for tutoring. ...

And that's what, in a word, social justice is--a virtue, a habit that people internalize and learn, a capacity. It's a capacity that has two sides: first, a capacity to organize with others to accomplish particular ends and, second, ends that are extra-familial. They're for the good of the neighborhood, or the village, or the town, or the state, or the country, or the world. To send money or clothes or to travel to other parts of the world in order to help out--that's what social justice is: the new order of the ages, Rerum Novarum.

Interestingly, Timothy Dalrymple argues that if we adopt Novak's definition "the Tea Party movement is in fact a social justice movement."

The great majority of those attending the rallies would tell you that the policies they advocate are for the common good of all, including the poor. On the conservative way of seeing things, the interests of the haves and the have-nots are not as easily divisible as Wallis portrays them. Much though it may strain the credulity of the trained progressive, Tea Partiers sincerely believe that taking more and more money away from society's most productive citizens, and thus disincentivizing productivity and diminishing the resources for private investment; spending more and more in Washington, and thus making economic decisions on political criteria and expanding a federal government that is rife with self-serving inefficiency and corruption; and giving more and more through government distribution, fostering a culture of dependency and vote-buying, is poisonous to our national character and economy and will adversely affect everyone, the poor most of all.

(HT: Joe Carter)

If Senator Gregg wants to worry that Warren will pursue a left-liberal political ideology that will negatively impact the economy, I'd probably agree. But his disdain for the concept of social justice is sadly misplaced.

Thursday, September 16, 2010

Benedict en route to the UK

A transcript of the Holy Father's press conference on the plane earlier today is already available here.  It contains the Pope's most decisive language yet on the failures of Church officials to stop the abuse and on the priority of healing of victims.  There is also very strong language about what must be done with the abusers themselves, language that I suspect will raise some eyebrows on account of its denial of the operation of "free will" in certain relevant situations.  In all, though, this State Visit, which is also a pastoral visit, is off to a very promising start, as this thematic money-quote suggests:  "Where there is anti-Catholicism, I will go forward with great courage and joy."  Can't beat that.

Religious Legal Theory conference at St. John's

The schedule is up, and it looks great!  Congrats to the folks at St. John's' Center for Law and Religion for putting together a great event.

Some vintage Walker Percy

A friend sent me this, from Percy's The Second Coming:

As unacceptable as believers are, unbelievers are even worse, not because of the unacceptability of unbelief but because of the nature of unbelievers themselves who in the profession and practice of their unbelief are even greater a**holes than the Christians. 

The present-day unbeliever is a greater a**hole than the present-day Christian because of the fatuity, blandness, incoherence, fakery, and fat-headedness of his unbelief.  He is in fact an insane person.  If God does in fact exist, the present-day unbeliever will no doubt be forgiven because of his manifest madness.

 

The present-day Christian is either half-assed, nominal, lukewarm, hypocritical, sinful, or, if fervent, generally offensive and fanatical.  But he is not crazy.

 

The present-day unbeliever is crazy as well as being an a**hole--which is why I say he is a bigger a**hole than the Christian because a crazy a**hole is worse than a sane a**hole.

 

C'mon Dr. Percy . . . tell us how you really feel!

The Disenchantment of Secular Discourse I

I recently finished Steve Smith's new book, The Disenchantment of Secular Discourse (Harvard University Press 2010). The book argues that our secular discourse is insufficiently rich and that it lacks authenticity. He maintains that the purported bases for decisions rely on unstated assumptions that are smuggled into the decision making process. He has chapters focusing on legal discourse with the right to die issue at the forefront, the liberal harm principle of Mill and Joel Feinberg, the discourse of religious freedom with an extended discussion of the history of the secular and criticism of the jurisprudence of Eisgruber and Sager as well as Laycock, the capabilities approach of Martha Nussbaum situated in a discussion of Carl Becker's lectures on the Heavenly City of the Secular Philosophers, a chapter on philosophy of science with extended and approving views of Joe Vining's work, and a discussion of how religious discourse can enrich public political discourse as well as discourse in universities.

The book is well written, smart, interesting throughout, generally quite fair, accessible to scholars and students alike, and a joy to read. It is especially heartening to read a book by a legal scholar who is so widely read and commands the materials he has read with such subtlety. I highly recommend the book.

Particularly given that Smith and I have very different political views and that I am attracted to the views of both Mill and Nussbaum (though Smith and I both reject the doctrine of public reason and I find his discussion of Mill and Nussbaum to be particularly strong), no one should be surprised that I have criticisms and thoughts inspired by the book, but I will save those for a subsequent post. 

cross-posted at religiousleftlaw.com

Wednesday, September 15, 2010

Narcissism at Mass? Could it be?

Back in early August, I raised some questions (here, here, and here) concerning what bad theology of the Mass and made-up liturgies mean for Catholic thought about the state, civil society, the work of being human, and so forth.  Today I stumbled across a fascinating psychological study, co-authored by the always interesting Paul Vitz (emeritus in psychology at NYU) and his son, that has now shown that part of what accounts for the liturgical "creativity" that seems to be almost everywhere in evidence is -- lo! -- the celebrant's narcissism.  Check out their account!  In a culture in which self-definition by self-assertion is the principal cultural and moral problem, it is not surprising that self-assertion would reorient even the sanctuary during Mass.  In such a culture, it is correlatively even more needful that the liturgy exemplify how self-definition by self-assertion is the problem to be overcome, not the omega point of human history.  This is not about Latin, lace, or the location of the celebrant's seat per se, but rather our respective orientations in the action of the liturgy and who's at the center of the act of worship.   

Esbeck on the Establishment Clause

This paper, by church-state scholar Carl Esbeck, will likely be of interest to many readers:

 

Uses and Abuses of Textualism and Originalism in Establishment Clause Interpretation

Carl H. Esbeck
University of Missouri School of Law



Utah Law Review, Vol. 2011, No. 2
University of Missouri School of Law Legal Studies Research Paper No. 2010-19


Abstract:
The Supreme Court’s decision in Everson v. Board of Education (1947) is regarded as ushering in the modern era of jurisprudence in church-state relations. Instead of looking to the record of the debates of the First Federal Congress of 1789, the Everson Court adopted the principles animating the disestablishment struggles in Virginia and other newly formed States to give substantive content to the Establishment Clause. Indeed, there was not in the Everson majority even so much as an acknowledgment that the text (“… make no law respecting an establishment …”) was the hard-won effort of the Federalists in the First Congress laboring the summer of 1789 to report amendments that became the Bill of Rights.

This article takes up the curious tale as to why the more obvious text and the drafting record in the House and Senate were ignored by the Court in Everson and what it can tell us about contemporary theories making the rounds. One theory of conservatives is that the Establishment Clause was not intended to prohibit support for religion so long as no religion is preferred over others. This is called “nonpreferentialism.” A second theory is that the clause was only intended to deny the national government power to disturb how States arranged their church-state affairs. I call this “specific federalism.” Neither theory is supported by the text or the congressional record.

As the scholarship has unfolded liberals are just as eager to array the congressional debates on their side. One recent initiative is to relegate the Establishment Clause to safeguarding only liberty of conscience. A more common claim, seemingly sensible to the uninitiated, is that the free exercise and no-establishment principles are in “tension,” as if the Establishment Clause was somehow promulgated to hold organized religion in check rather than to hold government in check. Still another thesis would remove original meaning of the Establishment Clause when applied to the states to 1868, and in doing so remake the clause into an individual right. Again, this article demonstrates why these claims do violence to either the text or debates of 1789 in Congress.

Answers to textual and original-meaning inquiries cannot resolve all of the interpretive questions about church and state. However, they do narrow the range of issues that are properly disputed by closing the door to errant interpretations of the Establishment Clause. With distractions such as “specific federalism” and “tension between the clauses” confidently put aside, the courts can focus on determining those government actions that bring about the sorts of evils associated with religious establishments in 1789.

"Get Low"

A number of folks (for example) around the blogosphere are suggesting that"Get Low" -- the new-ish film starring Robert Duvall (and I would pay to see a movie that involved nothing more than Duvall mowing his lawn) -- is a must-see film for Catholics.  America has a review, hereHere is Duvall, talking about the film.

Fresh anti-Benedict screeds from Hitchens and Cornwell

Here is Hitchens, in Slate, and here is John Cornwell, in the Financial Times, sharing their views in advance of the Pope's visit to the United Kingdom.  (Hitchens thinks that the Pope should be arrested and prosecuted, and Cornwell thinks that the Pope is "hijacking" the work and legacy of John Henry Newman.  I disagree with both claims.)  John Allen has some thoughts about the visit, here.

My own hope, for what it's worth, is that -- as a goodwill gesture and an expression of contrition over, say, the crushing of the Pilgrimage of Grace, the suppression of the monasteries, and execution of St. Thomas Garnet -- the Queen will give York Minster back to the Church. 

Red Mass in Norman, Oklahoma at 5pm on Sept. 19

The 31s annual Red Mass at OU will take place at St. Thomas More parish this Sunday at the 5pm mass.  Our own Susan Stabile will give her reflections on the day's scripture readings and how they speak to law and lawyering.  A wine and cheese reception sponsored the College of Law's Catholic faculty members will follow mass.  Law students, lawyers, judges, and others involved in administering the law are especially invited to join us on Sunday evening.