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.

Monday, October 10, 2011

"The World as it Could Be: Catholic Social Thought for a New Generation"

My friend, Fr. Thomas Williams, has a brand-new book out on Catholic Social Thought, called "The World as it Could Be."  Here's one blurb:

Providing insight and into the world's most pressing concerns--those of human rights, human dignity, and world peace--bestselling author and priest Thomas D. Williams adds his reassuring voice to the panoply of issues that call to question the meaning of faith. One of the most trusted and dynamic voices from the Catholic community and the official Vatican analyst for CBS News, Father Williams helps parishioners step back from today's controversies and understand Catholic teachings in a deeper way. Addressing the most heated debates ripped from national headlines and fervently discussed between Catholics--from abortion and capital punishment to the economy--Father Williams draws upon his years of teaching in this detailed yet accessible analysis of the moral dilemmas and political challenges that Catholics face every day. Examining these moral conflicts, and the often opposing forces of individual rights versus those of the community, Father Williams speaks to orthodox Catholics and non-Catholic observers alike in this examination of the Catholic faith, it's influence around the world, and what it teaches millions of followers about human rights and a better world.

Why Are You Interested in Law and Religion?

My colleague, Mark Movsesian, is at a conference in Prague organized by Vaclav Havel, and posts some thoughts about a question that he has fielded three times already.  For what it's worth, my memory of my own experiences on the legal academic market is that this question was asked of me a few times.  I don't think there is anything especially objectionable about the question, and at the time I tried to answer it forthrightly, but I have noticed that it is not generally asked of people with other academic interests that intersect with law.

The Stubborn Persistence of Human Devilry

Here is an interesting review by John Gray of Stephen Pinker's much-noticed new book, The Better Angels of Our Nature: The Decline of Violence in History and Its Causes.  I have not read Pinker's book, but particularly interesting to me was the claim by Gray that Pinker endorses features of the American incapacitative approach to incarceration because it sweeps up large numbers of the violent and thus contributes to the "civilizing" march away from human violence.  A bit from the conclusion of Gray's review:

The vast growth of the American penal state, reaching a size not achieved in any other country, does not immediately present itself as an advance in civilisation. A large part of the rise in the prison population has to do with America’s repressive policies on drugs, which Pinker endorses when he observes: “A regime that trawls for drug users or other petty delinquents will net a certain number of violent people as a by-catch, further thinning the ranks of the violent people who remain on the streets.” While it may be counter-productive in regard to its stated goal of controlling drugs use, it seems America’s prohibitionist regime offers a useful means of banging up troublesome people. The possibility that mass incarceration of young males may be in some way linked with family breakdown is not considered. Highly uneven access to education, disappearing low-skill jobs, cuts in welfare and greatly increased economic inequality are also disregarded, even though these factors go a long way in explaining why there are so many poor blacks and so few affluent whites in prison in America today.

Continue reading

Even Homer nodded

A friend and colleague sent me this:

“There is a striking kinship between our movement and Margaret Sanger’s early efforts.  She, like we, saw the horrifying conditions of ghetto life.  Like we, she knew that all of society is poisoned by cancerous slums.  Like we, she was a direct actionist – a nonviolent resistor.  She was willing to accept scorn and abuse until the truth she saw was revealed to the millions.  At the turn of the century she went into the slums and set up a birth control clinic, and for this deed she went to jail because she was violating an unjust law.  Yet the years have justified her actions.  She launched a movement which is obeying a higher law to preserve human life under humane conditions.  Margaret Sanger had to commit what was then called a crime in order to enrich humanity, and today we honor her courage and vision; for without them there would have been no beginning.  Our sure beginning in the struggle for equality by nonviolent direct action may not have been so resolute without the tradition established by Margaret Sanger and people like her.  Negroes have no mere academic nor ordinary interest in family planning.  They have a special and urgent concern.” –

A speech, read by Mrs. Martin Luther King for Dr. Martin Luther King a the 50th anniversary banquet of Planned Parenthood-World Population and Planned Parenthood of Metropolitan Washington, May 5, 1966, Shoreham Hotel, Washington, D.C.

Sunday, October 9, 2011

Must-read Horwitz on the ministerial exception

Over at Prawfsblawg, MOJ-friend Paul Horwitz has a must-read post about the recent Hosanna-Tabor arguments and, more particularly, responding to Prof. Leslie Griffin's framing of the issue.  Among other things, Paul explains -- with characteristic patience -- why the "why should churches get to disobey the law?" objection to the ministerial exception misses a pretty big point.

Steve Jobs

I think Steve Jobs was brilliant, creative, innovative, etc.  I'm grateful for the ways he enriched our everyday lives.  And yet.  I have a hard time articulating my discomfort with the global outpouring of grief without sounding downright curmudgeonly (or worse), but there has been something gnawing at me since I saw the various slide shows of the shrines springing up in his memory at Apple stores worldwide.  His death -- and our reaction to his death -- says as much about us as it does about him.  And I'm not sure that it's all good.  What does the death of Steve jobs say about our reliance -- not just in a practical sense, but in a spiritual sense -- on technology?  Andy Crouch has written an essay that says it better than I every could.  An excerpt:

Steve Jobs was extraordinary in countless ways—as a designer, an innovator, a (demanding and occasionally ruthless) leader. But his most singular quality was his ability to articulate a perfectly secular form of hope. Nothing exemplifies that ability more than Apple's early logo, which slapped a rainbow on the very archetype of human fallenness and failure—the bitten fruit—and turned it into a sign of promise and progress.

That bitten apple was just one of Steve Jobs's many touches of genius, capturing the promise of technology in a single glance. The philosopher Albert Borgmann has observed that technology promises to relieve us of the burden of being merely human, of being finite creatures in a harsh and unyielding world. The biblical story of the Fall pronounced a curse upon human work—"cursed is the ground for thy sake; in sorrow shalt thou eat of it all the days of thy life." All technology implicitly promises to reverse the curse, easing the burden of creaturely existence. And technology is most celebrated when it is most invisible—when the machinery is completely hidden, combining godlike effortlessness with blissful ignorance about the mechanisms that deliver our disburdened lives.

Friday, October 7, 2011

Religious Freedom as the Problem of the Future

John Allen has a thoughtful column today about religious freedom as the dominant issue for the future of Catholicism.  He identifies three historical movements which have thrust religious liberty into the foreground: (1) the secularization of Western nations, and the concomitant sense in which Western states will become increasingly hostile to Catholicism and Christianity generally; (2) the reality that increasingly large numbers of Catholics come from the southern hemisphere, where they face dire threats to life and limb (and I take the point about the ministerial exemption that Allen makes); and (3) the shift from Judaism to Islam as Catholicism's primary interlocutor.  Here's a bit from Allen's discussion of the last shift:

As Islam becomes the paradigmatic relationship, however, Catholic psychology has begun to shift. Today, Catholics are less inclined to assume that the problem lies on their side of any inter-faith dialogue; they've become more inclined to point to distortions and excesses on the other side as well. That's a prescription for a more balanced and substantive, but also more combustible, form of dialogue.

By far, the most common area where one sees this new Catholic willingness to push back is religious freedom, and not just in the relationship with Islam. It also surfaces, for instance, in the dialogue with Hinduism, given the alarming spread of Hindu nationalism and radicalism in some regions of India. The worry is that violent anti-Christian pogroms that broke out in the state of Orissa in 2008 may be a preview of coming attractions.

A Dialogue with Russell Moore

Russell Moore of Southern Baptist Theological Seminary is, in my opinion, one of the most brilliant and insightful theologians working in any Christian tradition today. He is an Evangelical Protestant brother from whom Catholics can, I believe, learn a lot. I would very much like his work to become better known in the Catholic community. Earlier this week, I had the pleasure of conducting a public dialogue with him, during his visit to Princeton, where he also spoke at our campus interfaith Respect Life Sunday service. (Another speaker was the exceptionally gifted young Muslim writer Suzy Ismail.) The focus of our discussion was on Evangelicals in contemporary American culture and politics.

Here is a video: http://web.princeton.edu/sites/jmadison/calendar/flash/Moore_Discussion.html

Thursday, October 6, 2011

"Ducking challenges to naturalism"

I liked this piece, by Timothy Williamson, from the New York Times, "On Ducking Challenges to Naturalism."  Among other things, Williamson observes that:

. . .  If it is true that all truths are discoverable by hard science, then it is discoverable by hard science that all truths are discoverable by hard science. But it is not discoverable by hard science that all truths are discoverable by hard science. “Are all truths discoverable by hard science?” is not a question of hard science. Therefore the extreme naturalist claim is not true.

. . .  [W]e should not take for granted that reality contains only the kinds of things that science even in the broad sense recognizes. My caution comes not from any sympathy for mysterious kinds of cognition alien to science in the broad sense, but simply from the difficulty of establishing in any remotely scientific way that reality contains only the kinds of thing that we are capable of recognizing at all. . .

An important anniversary

Here is information about an event commemorating the 500th (!!) anniversary of Antonio de Montesinos, the Dominican who famously denounced the enslavement and oppression of indigenous people in the New World and whose preaching influenced Bartolome de las Casas.  Here's a bit from the conference web site:

While concerned with the history of human rights, the conference will have as its primary focus assessing current institutional and legal approaches to move forward in protection of human right.   The 500th anniversary is the ‘rationale’ for the conference. Given many contemporary experiences with problems in the global human rights regime, a review of universal definitions and protections of human rights would be justified even without the 500th anniversary.

While we have created in the last century many formal human rights statements and enforcement institutions, from the ILO to the Universal Declaration of Human Rights and various courts built on the Nuremberg model, egregious violations of defined standards continue. For example, despite great progress in defining indigenous rights, there are many cases where specific native communities are being displaced or forced to adapt to norms imposed by outside dominant societies. The movement of millions of migrants as a companion to economic globalization has spawned numerous failures to protect labor and other human rights. Imbedded in this migration is the smaller but more appalling abuses arising from involuntary human trafficking. While many religious institutions and traditions provide models for justifying and defending human rights, of which Montesinos is a stellar example, movements linked to many religious traditions have been tempted to approve suppression of rights in the name of conformity.