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 21, 2012

"White House Orders Orthodox to Include 'Filioque' in Creed"

Hee hee.  (HT:  First Things.) 

In this paper, "A 'Hands Off' Approach to Religious Doctrine:  What Are We Talking About?", I opened (intended to be goofily funny):

Step back for a moment, seventeen centuries or so. As fans of the Da Vinci Code are (in a way) aware, in the year 325, the Arian Controversy was raging. The Emperor Constantine, a convert to Christianity, was troubled by the strife among Christians and—perhaps more acutely—by the civil unrest that in many places accompanied their theological disagreements.  Accordingly, he asked Christian bishops from around the world to gather for an ecumenical council, in present-day Turkey, to restore both religious concord and civil peace. 

Today, Constantine’s move no doubt seems to most people a perfect example of that which the political authority cannot do and, indeed, should have no interest in doing. . . .

Maybe I spoke too soon!

"Keep America Weird": An interesting take on the HHS mandate

William Mattox writes, in USA Today, that for reasons similar to those that (rightly) make Austin residents eager to "Keep Austin Weird", we should oppose policies like the HHS mandate that have the effect, even if not the aim, of standardizing and homogenizing the sometimes-"weird" institutions and associations of civil society:

    I worry that Obama's health care plan is doing to Catholics what those
    cookie-cutter national chains were threatening to do to Austin's bohemians: Rob
    them of their distinctive identity. Of their unique character. Of their freedom
    to be authentic.

    Yes, I know Obama's contraception mandate provides an
    exception for Catholic churches. But it offers no such relief to those running     Catholic schools, hospitals and charities who want to live out their faith (and     follow their church's teachings) on more than just Sundays. In essence, the Obama     administration's message to these Catholics, despite a cosmetic compromise, is     akin to telling Austin's bohemians that they can dress like hipsters on the     weekends so long as they behave like corporate shills Monday through Friday. . ..

Speech and Religion in the U.S. and France

I've got a little interview on the legal positions of the United States and France on free speech and religious liberty with the magazine, France-Amérique.  My basic position is that the countries are less far apart than is commonly supposed.  Both countries are struggling with the same sorts of issues and with the same problem of reaching an appropriate equilibrium among values in tension.  That is why their legal settlements can best be understood and studied as a product of their respective histories and traditions, rather than as the result of an overarching difference of political principle.

Thursday, September 20, 2012

Religion on the College Campus

I have often thought our society, including our campuses practice what I would call "thin pluralism."  Pluralism is highly valued but only when we don't take it too seriously. I suspect that in most Property classes taught in the United States, for instance, that most students and faculty would think it odd if a student advocated limits on property rights based on the teachings of her faith. 

In this essay in the Chronicle of Higher Education, Eboo Patel, argues for a thick pluralism where religion and religious perspective are welcome on the college campus. Here are some highlights but read the whole thing:

It came as no surprise to me to read the recent New York Times article indicating that Muslim students feel particularly welcome on Roman Catholic campuses—precisely because of their faith. ... That was my father's experience at the University of Notre Dame 35 years ago. He was a Muslim immigrant from India in the land of gray snow and white Catholics. While the priests didn't always understand his faith, they always respected it, and he felt that the broader environment nurtured it. ...

When I went to the University of Illinois at Urbana-Champaign, in the mid-1990s, we were focused on other forms of identity. ... Gender, sexuality, class, and ethnicity all got some airtime, but mostly we talked about race. And one form of identity was almost totally excluded: faith. ...

In the most religiously diverse nation in human history and the most religiously devout nation in the West at a time of global religious conflict, how people from different faith backgrounds get along and what they do together is a crucial question. And so it must be a central question for our public universities as well. ...

 

Wednesday, September 19, 2012

Pope Benedict in Lebanon

 

The Holy Father has returned safely home from his apostolic and diplomatic voyage to Lebanon. Deo gratias for his safe travel and ditto for the people of Lebanon. I think that this voyage, while not as widely reported by some elements of the press as other apostolic journeys, is significant on many fronts. But I think that it has particular relevance to those of us who are interested in developing and teaching Catholic legal theory and who are also interested in applying this theory to the intelligible world we encounter in our various labors.

Of the several speeches and homilies delivered during this trip, the pope’s September 15 address during the meeting with the members of government, other institutions, the diplomatic corps, religious leaders, and representatives of what was termed as “the world of culture,” has some particular challenges for us of the Mirror of Justice community. This address is here.

While many of the points Pope Benedict presented and developed merit commentary, several are of particular importance to those of us who are teachers. A remarkable point advanced by the pope—one not often heard in the halls of the academy these days—is that the goal of education is “to guide and support the development of freedom to make right decisions, which may run counter to widespread opinions, the fashions of the moment, or forms of political and religious ideology.” There are two elements of this statement upon which I focus some brief commentary.

The first is the component dealing with freedom; the second is that which deals with making right decisions or choices.

The academy of the present age often regards itself as the place where freedom is essential to the educational process. In this context, we don’t have to think too long about the cries made by some faculty and administrators for preserving academic freedom. Academic freedom is an important right, but it also bears with it responsibility. Moreover, as I have rhetorically asked earlier on these pages, does this right advanced by some of its most vocal proponents typically mean something like, “freedom for me, but not for thee!” In one sense, I am sure that the pope’s plea for freedom would be agreeable to most people who have something to do with education. But Benedict adds something to the form of academic freedom he proposes, namely: the freedom to make right decisions. His elaboration of freedom in education dealing with fads, fancies, and ideologies suggest that the Holy Father knows that there are freedom claims made that do not consider or avoid the need to take stock of not just choices willed by the individual but right choices.

And what might these be?

This is where another element of his address comes into play. Today many people dismiss the existence of evil. Oh, they will concede that people can be evil, but the notion that there is something called evil which is independent of the human person is not only alien to their way of thinking but nonsensical as well. There are even voices within the Church which dismiss the idea of evil in subtle fashion by questioning the conception of intrinsic evil. For them there are wrongs, but nothing itself is intrinsically evil. That is why Pope Benedict was clear by juxtaposing the presence of evil and the existence of the devil finds. It is this duality that ingratiates itself into the freedom of every person. Once the introduction of the duality takes place but the person sees no apparent threat to its entrance into his or her life, the doors are open for evil to complete its task. As Benedict suggests, this evil does not want to be the enemy of the human person; rather, it “seeks an ally in man.” And this is what leads any person anywhere to sin. He or she freely chooses this suspect ally as an option that becomes misguided, inauthentic freedom. This is why the pope presents an alternative way of exercising freedom: by knowing right from wrong, good from bad, evil from the moral, the human person has the potential to address evil not with more evil but with good, and he draws our attention to St. Paul’s letter to the Romans for our prayerful consideration (“do not be overcome by evil, but overcome evil with good” Romans 12:21).

One further consideration for teachers—and for anyone, for that matter—which emerges from Pope Benedict’s Lebanon exhortation is akin to the line often attributed to Edmund Burke: “all that is necessary for the triumph of evil is that good men do nothing.” In parallel fashion, Benedict said this: “The failure of upright men and women to act must not permit evil to triumph. It is worse still to do nothing.”

So, as we plan more lessons, prepare more lectures, draft more articles, and post more weblog entries, might we consider as a non-negotiable element of our task to educate for the purpose of forming a human freedom that is directed to making right decisions for all, for the common good, for God’s people? With this notion in mind, the evil that surely exists in our world might have fewer allies and more adversaries.

 

RJA sj

Tuesday, September 18, 2012

Civitas Dei Medal Presentation at Villanova

The Inaugural Presentation of the
Civitas Dei Medal
to
Alasdair MacIntyre
University of Notre Dame

Villanova University
Thursday, September 27, 2012 at 4:30 p.m.
Connelly Center, Villanova Room

In his seminal work, City of God (De Civitate Dei), St. Augustine articulates a distinctive commitment to intellectual engagement between the Church and the world. He created communities focused on the search for truth in unity and love, while respecting differences and the complexities of Catholic intellectual thought. With the Civitas Dei Medal, Villanova University seeks to recognize Catholics who through their work have made exemplary contributions to the Catholic intellectual tradition and have shown particular commitment to the pursuit of truth, beauty, and goodness.

The inaugural presentation of the Civitas Dei Medal will be awarded to Alasdair MacIntyre of the University of Notre Dame. A short panel presentation by Villanova faculty will be followed by a lecture by Professor MacIntyre.

Program:

Peter Wicks
St. Catherine of Siena Fellow, Ethics Program, Villanova University
“MacIntyre and Moral Philosophy”

John Doody
Robert M. Birmingham Chair in Humanities and Professor of Philosophy, Villanova University
“MacIntyre and Political Theory”

Thomas Smith
Anne Quinn Welsh Director, University Honors Program and Associate Dean, College of Liberal Arts and Sciences, Villanova University
“MacIntyre and Catholic Higher Education”

Michael Moreland
Vice Dean and Professor of Law, Villanova University
“MacIntyre as Teacher”

Presentation of the Civitas Dei Medal

Alasdair MacIntyre
Rev. John A. O’Brien Senior Research Professor of Philosophy (emeritus), University of Notre Dame
“Catholic Rather than What?”

Biography:

Alasdair MacIntyre is the Rev. John A. O’Brien Senior Research Professor of Philosophy (emeritus) at the University of Notre Dame. In a career spanning six decades, he has published over 30 books and hundreds of articles and reviews. Professor MacIntyre has made significant contributions to the history of philosophy, moral philosophy, political theory, the philosophy of the social sciences, and the philosophy of religion. His early works include Marxism: An Interpretation (1953), The Unconscious: A Conceptual Analysis (1958), A Short History of Ethics (1966), and Against the Self-Images of the Age (1971). The influential sequence of books, After Virtue (1981), Whose Justice? Which Rationality? (1988), Three Rival Versions of Moral Enquiry (1990), and Dependent Rational Animals (1999) constitute the most important contemporary articulation of Aristotelianism and a sustained critique of modern moral philosophy. More recently, he has published an examination of the philosophical work of Edith Stein set against the background of twentieth century phenomenology, Edith Stein: A Philosophical Prologue, 1913-1922 (2005), two volumes of his collected papers, The Tasks of Philosophy and Ethics and Politics (2006), and God, Philosophy, Universities: A Selective History of the Catholic Philosophical Tradition (2009).

Professor MacIntyre received his BA from Queen Mary College, University of London and MA degrees from Manchester and Oxford. Professor MacIntyre has held academic appointments at Oxford, Princeton, Brandeis, Wellesley, Boston University, Yale, Vanderbilt, and Duke. He has delivered the Gifford Lectures at the University of Edinburgh, the Carus Lectures at the American Philosophical Association, the Caryle Lectures at Oxford University, the Tanner Lectures and Gauss Lectures at Princeton University, and the Aquinas Lecture at Marquette University. Professor MacIntyre is a Fellow of the American Academy of Arts and Sciences, a Corresponding Fellow of the British Academy, a Member of the Royal Irish Academy, and a Member of the American Philosophical Society. In 2010, he was awarded the Aquinas Medal by the American Catholic Philosophical Association.

Christ in the Desert

I've just returned from a wonderful weekend in New Mexico, which included a visit to the Benedictine Monastery of Christ in the Desert several miles down an unpaved Forest Service road in the Chama River Canyon north of the tiny town of Abiquiú. Below are photos from my iPhone of the monastery in the early evening following Sunday Vespers and of the chapel, designed by the Japanese architect and woodworker George Nakashima. The monastery's founder, Father Aelred Wall, OSB once remarked that "A monastery is not a refuge, not a solution to problems of adjustment. Monasticism is a head-on collision with reality, and the more silent, the more solitude, the more head-on it is." Here's a sign of hope amid our troubled world: Christ in the Desert has seven novices.

 

IMG_0284

IMG_0283





A conference of interest: "Contraception and Conscience"

Contraception and Conscience:  A Symposium on
Religious Liberty, Women’s Health, and the HHS Rule on Provision of Birth
Control Coverage for Employees

Georgetown University Law Center

McDonough Hall

Philip A. Hart Auditorium

600 New Jersey Avenue, N.W.

Washington, DC

 Friday, September 21, 2012

9:00 a.m.-4:00 p.m.

A conference examining the legal, theological, health, equality, and ethical issues relating to the recent Rule promulgated by the U.S. Department of Health and Human Services on “Coverage of Preventive Services Under the Patient Protection and Affordable Care Act.”

The symposium brings together legal, religious, and cultural scholars and
practitioners for a day-long conversation about the increasingly contentious
public debate surrounding the HHS Rule requiring employers to subsidize
preventive health services for employees, the religious accommodations in the
HHS rule, and the lawsuits filed by religious objectors challenging the rule.

Continental
Breakfast—8:30-9:00

Introduction—9:00-9:10

Dean William M. Treanor,
Georgetown University Law Center

Panel One – 9:10-10:45

The Legal Challenges to the HHS
Contraception Rule
.
 What is the nature of the HHS Rule and its religious accommodations?
 What is the status of the more than two dozen lawsuits challenging the
HHS Rule?  How are the courts likely to resolve the statutory and
constitutional issues?  How do claims of religious conscience apply to
institutional employers, including for-profit employers?  What are the
relevant state interests—should the Rule be viewed as simply about enabling
access to preventive health care, or also about ensuring equality in the
workplace?  How do these cases reflect broader trends in the development
of the law of religious liberty?  How should HHS frame its promised
additional religious accommodation? 

Panelists

Martin Lederman, Georgetown University Law Center

Louise Melling, American Civil Liberties Union

Melissa Rogers,Wake Forest University Divinity School, Center for Religion and
Public Affairs

Robert Vischer, University of St. Thomas School of Law

Lori Windham, Becket Fund for Religious Liberty

Panel
Two – 11:00-12:45

What is the Burden on Religious Exercise? Does the HHS Rule put
religious employers to an untenable choice between obeying the law and honoring
religious obligations, and if so, how?  Does it require individuals or
entities to “cooperate with evil” in a manner that their faith forbids?
 Does compliance with the law prevent them from “bearing witness” to their
faith or create “scandal” by conveying endorsement of activities to which the
employer morally objects?   



Panelists

Lisa Sowle Cahill, Boston College

Patrick Deneen, University of Notre Dame

Cathleen Kaveny, University of Notre Dame

Michael Kessler, Georgetown University

John Langan, S.J., Georgetown
University

Robert Tuttle, George Washington University School of Law

Panel
Three – 2:15-4:00



A Broader Focus.  How and why did this particular issue engender
such concern and controversy?  What are the historical antecedents?
 What does it tell us about how religious communities and institutions
(especially those involved in provision of education and social services) can
and should navigate rapidly changing norms in the public square?
  What are the implications of this debate for preventive health
services?  For women’s equality in the workplace and elsewhere in public
life?  What are the ethical implications for physicians and other
health-care providers?

 

Panelists

Gregg Bloche, Georgetown University Law Center

Tracy Fessenden, Arizona State University

Eduardo Peñalver, Cornell University Law School

Robin West, Georgetown University Law Center

Robin Fretwell Wilson, Washington & Lee University School of Law

 



Please RSVP by September 19 to [email protected]






The conference is co-sponsored by the
Georgetown University Law Center and the Berkley Center for Religion, Peace,
and World Affairs at Georgetown University.  It is made possible through a
grant from the Ford Foundation.

Paulsen and Koppelman Debate: Religious Liberty in the 2012 Election at St. John's

The Center for Law and Religion St. John's is excited to host a debate in honor of Constitution Day (which I believe was officially yesterday) between Mike Paulsen and Andy Koppelman titled "Religious Liberty in the 2012 Election."  The event will occur on September 27 (next Thursday) at SJU.  More data here.  We are trying to arrange some sort of live stream, about which I'll have an update if it materializes.

Mike and Andy are both deeply knowledgeable and a whole lot of fun to watch, so I expect the event to be informative and a treat.

Monday, September 17, 2012

Tolkien on Law

MOJ-reader and fellow South Bender Jonathan Watson has posted on SSRN a paper that should be of interest, "Tolkien on Law".  Check it out!