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, June 3, 2011

"Gay softball league limit on straight players OK'd"

Here.  However, the organization, the North American Gay Amateur Athletic Alliance, apparently will have to answer to the federal court for how it defines who's gay.  Parallels to legal problems faced by traditionalist-conservative organizations are, of course, purely coincidental.  I'll keep comments open, but be on your best behavior.

Thursday, June 2, 2011

"Engaging with Stanley Hauerwas"

This looks like a great event!

Theological Argument in Law: Engaging With Stanley Hauerwas

Duke University School of Law
September 9, 2011

 

Topical Essays:

 

* Hauerwas and Legal Ethics, W. Bradley Wendel (Cornell)
* Hauerwas and Disability Law, Elizabeth R. Schiltz (St. Thomas)
* Hauerwas and Bioethics, Michael P. Moreland (Villanova)

* Crime, Criminals, and Hauerwasian Punishment, James Logan (Earlham, Religion)

Panel Chair: Paul J. Griffiths (Duke, Theology)

Broader Applications:                        

 

Hauerwas and the Sermon on the Mount, David A. Skeel (Penn)
Hauerwas and the Common Law, M. Cathleen Kaveny (Notre Dame, Law and Theology)
Hauerwas, Reconciliation and the Courts, Richard P. Church (private practice)

Panel Chair: Guy-Uriel Charles (Duke)

Legal and Political Theory:                        

 

Must Law Be Violent?, Stephen L. Carter (Yale)
Hauerwas and Dworkin: The Limits of Integrity, John D. Inazu (Wash U.)
In Defense of Liberal Public Reason, Stephen Macedo (Princeton, Politics)

Panel Chair: Ian Baucom (Duke, English)

Response:  

 

Stanley Hauerwas (Duke, Theology)                                             


Moderator: H. Jefferson Powell (George Washington)

Conference papers will be published in Volume 75, Issue 4 of Law & Contemporary Problems.  Sponsored by the Franklin Humanities Institute, Washington University School of Law, the John C. Danforth Center on Religion and Politics, and Duke Law School’s Program on Public Law.

An Eminent De Girolami!

Not this one, of course, but I've recently discovered that there is a Cardinal in my genealogical past.  

Raffaele Cosimo de'Girolami was a Cardinal (1743-48) during the papacy of Benedict XIV (1740-58).  De Girolami (or de Girolami, or the older de'Girolami -- all meaning roughly 'of the house of, or of the family of, Jerome') is, as you may perhaps have guessed, not an especially common name around here.  Interestingly enough, it is only a little more common in Italy.  After making some familial inquiries with some Tuscan relatives and doing some leg-work, I think I've managed to trace him as an ancestor.

This site says that Cardinal de'Girolami was Prefect of the R.C. of Indulgences (hmmm...not so good...) and Sacred Relics (better!!) and that he founded an academy of theology in a gymnasium in Rome.  It also says that he was "a famous theologian" but I suspect fame is being assessed generously. 

At all events, if anybody knows about or has heard of anything that Cardinal de'Girolami ever wrote, I'd be most grateful for a comment or note.

Peter Singer embracing moral objectivity?

I recently mentioned a conference at Oxford designed to cultivate a dialogue between Peter Singer and Christian ethicists.  Here is the Guardian's coverage, which is fascinating and, dare I say, promising:

[Singer] described his current position as being in a state of flux. But he is leaning towards accepting moral objectivity because he now rejects Hume's view that practical reasoning is always subject to desire. Instead, he inclines towards the view of Henry Sidgwick, the Victorian theist whom he has called the greatest utilitarian, which is that there are moral assertions that we recognise intuitively as true. At the conference, he offered two possible examples, that suffering is intrinsically bad, and that people's preferences should be satisfied. He has not yet given up on preference utilitarianism. Neither is he any more inclined to belief in God, though he did admit that there is a sense in which he "regrets" not doing so, as that is the only way to provide a complete answer to the question, why act morally? Only faith in a good God finally secures the conviction that living morally coincides with living well.

What difference does this make to climate change? Tim Mulgan, professor of moral and political philosophy at the University of St Andrews, explained why ethical objectivism may be vital to making a robust ethical case against environmental degradation. Only a doctrine of creation can affirm that we are fundamentally linked to the natural order manifest on Earth. The fantasy of fleeing this planet, or disappearing into virtual reality, won't actually do. Our island home matters because the lives of human beings go well only when her natural systems go well too.

Wednesday, June 1, 2011

Re-enchanting Re-enchantment

Lawrence Solum has posted on his  Legal Theory blog an essay by Yishai Blank (SSRN) in which Blank argues that legal rationality today includes attempts to re-enchant legal theory. He looks to four themes or strategies for this: 

the reenchantment of legal formalism, the reenchantment of virtue, the reenchantment of law as art, and the reenchantment of legal authorities.

Ever the Aristotelian, Solum himself doubts that a metaphysically teleological conception of the good is necessary for virtue ethics to inform legal theory. 

Of course, Christians would have much to say about Blank's thesis. In the end, I would want to affirm that virtue and "art" are the most hopeful approaches today. I take this from the fact that Christian's have affirmed the apprehension of God in the True, the Good, and the Beautiful. The problem today is that truth is viewed reductively, in terms of scientific/technical rationality. Other modes of reason are marginalized or even driven from the field. This is so evident in contemporary legal thought which mimics the marketplace where the rationality of the sciences and engineers is idolized because if its utility.

Art and virtue appeal because they hold the potential to check the utilitarian mode of reason by pointing to truths that are ineffable, as Christian affirm God to be. For pursuing this project both Blank and Solum are to be commended. But, neither gets it quite right. Blank needs to find the unity of the four approaches--each seeking after a mystery. And, Solum's desire for a non-metaphysically teleological account of virtue reflects the desire to escape the mystery of the person, which is displayed by the beauty of Christ on the Cross

Cross-posted.

 

Gallup 2011 Values and Beliefs Poll

With all due qualifications about the limits of such polling, the results of Gallup's 2011 Values and Beliefs Poll are interesting for many reasons. I'll highlight two and leave others to weigh in with their favorites in the comments:

1. I'm disturbed by the high (45%) level of moral acceptance of physician-assisted suicide. That number has fallen very slightly over the past few years, but it's a reminder that the physician-assisted suicide debate isn't going away anytime soon.

2. I'm also disturbed by trends on the moral acceptability of pornography. Though pornography is viewed as morally wrong by 66% of the respondents, there's a significant generational difference. 42% of 18 to 34 year-olds think pornography is morally acceptable, which makes the moral acceptablity of pornography the issue with the greatest variation among age groups (just 19% of those over age 55 think it's morally acceptable).

Dolan Letter

[Cross-posted at dotCommonweal] 

At America's blog, Vincent Miller has a terrific post up that pretty much captures my own views on Dolan's letter to Rep. Ryan:

On matters concerning abortion, and now marriage, the bishops are quick to react and don’t shy from direct public confrontation.  In 2008, when Nancy Pelosi opined on her understanding of the Church’s teaching on abortion in the patristic period, a sharply worded correction was issued within 48 hours signed by the chairs of the USCCB committees on Pro-Life Activities and Doctrine.

Under Cardinal George, the USCCB waded fully into the weeds of policy interpretation and lobbied heavily against passage of the Senate version of the Affordable Care Act.  Experts in the field were skeptical of their legal interpretation.  But even as they publically argued against the legislation around the clock and lobbied Rep. Stupak and others to reject a compromise based on an executive order, no public pressure was brought to bear on Catholic Republicans in the Senate, who could have easily provided the votes to include the Stupak amendment in the Senate bill, and voted for cloture to allow Democrats to pass it.

One side always receives loud, pointed, public criticism; the other always gets a free pass.

I think this about sums it up.  It's well and good to point out -- as Dolan rightly does -- that resolving issues of economic policy almost always call for the exercise of prudential reason.  But, as I've argued before, there must be some economic policy proposals whose alleged tendency to benefit the poor is so implausible that those who support them bear a heavy burden of justifying their professed belief that the proposals are consistent with the preferential option for the poor.  (And here, I mean justified both in the sense of proving that they are not lying when they claim that their primary interest is in helping the poor and of demonstrating that, even if they are not lying about their motives, their beliefs meet some minimum threshold of rationality.)

Ryan's plan seems to fit the bill for a set of proposals that calls for the application of this heavy burden, if anything does.  To cut taxes for the rich and for corporations while effectively eliminating two of the pillars of the post-War social safety net is, on its face, a policy that appears to favor the interests of the rich over those of the poor.  The only argument to the contrary appears to be that  (1) addressing the national debt is essential to the long-term well-being of the poor and (2) the standard supply-side mantra that the best way to accomplish (1) is by cutting taxes, which will unleash economic energy, creating a rising economic tide that will lift all boats, and reducing the national debt at the same time.  Although (1) is probably correct, the real heart of the matter is (2).  And there is simply no credible empirical support for the idea that, given the baseline of present levels of taxation in this country, cutting taxes on the rich will benefit the poor in any meaningful sense.

The weak tea that Dolan offers in response to the Ryan plan suggests that, unlike issues of sexual morality, when it comes to economic policy, politicians mouthing the words of Catholic social teaching is enough to satisfy many in the hierarchy, no matter how much the actual details of the proposed economic policies appear to belie claims of fidelity to the principles that lie at the heart of that teaching.  As Miller observes, and Dolan's protestations notwithstanding, that imbalanced approach is hardly likely to make both political parties unhappy.

A Sample of John Finnis

For those of us watching Scotty win on American Idol (Yeah, Garner, NC!!) a small taste of John Finnis can be found on SSRN. This is the introduction to Intention and Identity: Collected Essays Vol. II. It "introduces the volume’s 19 published and unpublished essays, and follows the volume’s division into four Parts: Nature and Freedom in Personal Identity; Group Identity and Group Acts; Acts and Intentions; and Persons Beginning and Dying." Finnis describes the introduction and its place among the volumes this way:

The Introduction, like the volume, intersects with the Introductions to, and contents of, the other volumes in the five-volume set, which is published just before the second edition of Natural Law and Natural Rights, reformatted to accompany the set and incorporating a 65-page Postscript. The Collected Essays are I Reason in Action, II Intention and Identity, III Human Rights and Common Good, IV Philosophy of Law, V Religion and Public Reasons. Each volume includes the index for the set, and the author’s bibliography.

The publication of this massive work will be a feast for Finnis fans, and a useful reference for many years to come.