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.

Wednesday, October 3, 2012

Deneen on the President's "Campaign for Leviathan"

At First Things, Patrick Deneen has a powerful essay, "President Obama's Campaign for Leviathan," in which considers "the actual significance of the HHS mandate" and contends that "[t]he origin of the mandate lies in an impulse that can be dated back to the beginnings of the modern era and the rise of the state."  Read the whole thing, but here's a bit:

At a recent conference in which I participated at the Georgetown Law Center, a number of speakers and participants described the HHS mandate as the necessary requirement that will liberate women from the “coercion” of the Church that seeks to restrict their access to free contraception—including abortifacients—and sterilization. The expansion of state power is justified for its liberative effects, freeing women from the oppression of an antiquated institution (its irrelevance was reinforced by frequent citation of the questionable statistic that 98% of Catholic women use contraceptives).

Note the conceit: Employees at Catholic (or other similarly informed religious institutions) are “coerced” by not having free contraceptives provided as part of their health plans. The state, through the threat of punitive fines (estimated by President John Garvey of the Catholic University of America to be $62 million per year should CUA refuse to comply), acts as the liberator of these oppressed people. This narrative seems plausible to many, because we have been deeply shaped and trained to associate the word “liberty” with the freedom of individuals “to pursue their own ends”—requiring, among other things, the liberation of recreational sex from any consequences—and not the rights, privileges, immunities and liberties of groups, societies, associations, even a corpus mysticum like the Church. In such a view we find Leviathan run rampant . . . .

https://mirrorofjustice.blogs.com/mirrorofjustice/2012/10/deneen-on-the-presidents-campaign-for-leviathan.html

Garnett, Rick | Permalink

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