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.

Thursday, November 15, 2012

John Dewey: Philosopher of the “Common Good”?

When Paul Blanshard published in 1949 his attack on the Catholic Church under the title, American Freedom and Catholic Power, John Dewey praised the book, saying, “Mr. Blanshard has done a difficult and necessary piece of work with exemplary scholarship, good judgment, and tact.” This recommendation appears on the jacket of the book and is signed, “John Dewey, Dean of American Philosophers.” Dewey's influence may be seen throughout Blanshard’s work. His two chapters against American Catholic schools conclude with the following quotation from Dewey, arguing against any government support for Catholic education: “It is essential that this basic issue be seen for what it is — namely, as the encouragement of a powerful reactionary world organization in the most vital realm of democratic life, with the resulting promulgation of principles inimical to democracy.”

Excerpt from Rev. John A. Hardon, S.J., John Dewey — Radical Social Educator.

Dewey, the leading philosophical influence on American secular liberalism, was a determined critic of traditional religion. He claimed that there was “nothing left worth preserving in the notions of unseen powers, controlling human destiny to which obedience, reverence and worship are due.” Unlike the scientific method, which is “open and public” and based on “continued and rigorous inquiry,” religion is “a body of definite beliefs that need only to be taught and learned as true.” Religion, he said, is based on the “servile acceptance of imposed dogma.” This did not mean that Dewey and his followers were skeptical toward all moral teaching, or that the government should remain “neutral” toward conflicting points of view. To the contrary, Dewey contended that the public schools have an “ethical responsibility” to inculcate social values derived from scientific and democratic principles.

Michael W. McConnell, Religious Freedom at a Crossroads, 59 U. Chi. L. Rev. 115, 123 (1992) (footnote omitted)

Cheese Part II

In my previous post, I quoted extensively from Chesterton's essay Cheese. You can find a 15 minute lecture on the essay here. (It starts about the 10 minute mark). As the lecturer states, besides the higher quality and better taste that often comes from non-industrial local food, there is a placedness and a connectedness tying farmer and cheesemaker to the land as they practice their respective crafts, hopefully with love for the thing they are creating and the person who will consume it.

"Beyond politics" envisions building and perserving culture, which, almost by definition, means attending to the local and the quotidian even in the face of hostile bureaucrats. This story from eight years ago tells of a 40 year old Czech farmer who has to sell his cheese as "animal feed" because it was too costly to comply with the EU's cheese making regulations. A sign outside his farm reads: "Goat's cheese made from non-pasteurised milk. Hand kneaded. Recipe kept for six generations. Absolutely failing to meet EU norms, therefore designated for animal feeding purposes. Tested on people."  The EU's cheese police (health inspectors) stand outside his farm "interviewing customers about what they plan to do with the cheese."

Today I will do a little toward perserving local culture when I pick up my Thanksgiving turkeys (and some cheese) from the Oklahoma Food Coop.  

Cheese

Rick, thank you for reminding me of my posts after the last election, which I titled "Beyond Politics."  As grace would have it, my Chesterton group (which includes two of Rick's former students) met at a local public house the Monday after the election to discuss G.K.'s essay Cheese, which sums up all of his thinking in two short pages. In discussing "the holy act of eating cheese," he says:

Once in endeavouring to lecture in several places at once, I made an eccentric journey across England, a journey of so irregular and even illogical shape that it necessitated my having lunch on four successive days infour roadside inns in four different counties. In each inn they had nothing but bread and cheese; ... In each inn the cheese was good; and in each inn it was
different. There was a noble Wensleydale cheese in Yorkshire, a Cheshire cheese in Cheshire, and so on. Now, it is just here that true poetic civilization differs from that paltry and mechanical civilization that holds us all in bondage. Bad customs are universal and rigid, like modern militarism. Good customs are universal and varied, like native chivalry and self-defence. Both the good and the bad civilization cover us as with a canopy, and protect us from all that is
outside. But a good civilization spreads over us freely like a tree, varying and yielding because it is alive. A bad civilization stands up and sticks out above us like an umbrella - artificial, mathematical in shape; not merely universal, but uniform. So it is with the contrast between the substances that vary and the substances that are the same wherever they penetrate.

When I had done my pilgrimage in the four wayside public-houses I reached one of the great northern cities, and there I proceeded, with great rapidity and complete inconsistency, to a large and elaborate restaurant, where I knew I could get a great many things besides
bread and cheese. I could get that also, however; or at least I expected to get it; but I was sharply reminded that I had entered Babylon, and left England behind. The waiter brought me cheese, indeed, but cheese cut up into contemptibly small pieces; and it is the awful fact that instead of Christian bread, he brought me biscuits. Biscuits - to one who had eaten the cheese of
four great countrysides! Biscuits - to one who had proved anew for himself the sanctity of the ancient wedding between cheese and bread! I addressed the waiter in warm and moving terms. I asked him who he was that he should put asunder those whom Humanity had joined. I asked him if he did not feel, as an artist, that a solid but yielding substance like cheese went naturally with a solid, yielding substance like bread; to eat it off biscuits is like eating it off slates. I asked him if, when he said his prayers, he was so supercilious as to pray for his daily biscuits. He gave me generally to understand that he was only obeying a custom of Modern Society. I have therefore resolved to raise my voice, not against the waiter, but against Modern Society, for this huge and
unparalleled modern wrong.

 

Do we desire political "rulers" or "leaders"?

I meet weekly with a group of students for a non-credit seminar.  This semester, we have read and discussed C.S. Lewis' "The Abolition of Man," which has been followed up by De Descriptione Temporum, Lewis' Inaugural Lecture from the Chair of Mediaval and Renaissance Literature at Cambridge University and delivered in 1954.  The whole thing is well worth the read. The one paragraph on politics (which we ended up not discussing) peeked my interest. It reads, in part:

In all previous ages that I can think of the principal aim of rulers, except at rare and short intervals, was to keep their subjects quiet, to forestall or extinguish widespread excitement and persuade people to attend quietly to their several occupations. And on the whole their subjects agreed with them. They even prayed (in words that sound curiously old-fashioned) to be able to live "a peaceable life in all godliness and honesty" and "pass their time in rest and quietness". But now the organisation of mass excitement seems to be almost the normal organ of political power. We live in an age of "appeal if drives", and "campaigns". Our rulers have become like schoolmasters and are always demanding "keenness". And you notice that I am guilty of a slight archaism in calling them "rulers". "Leaders" is the modem word. I have suggested elsewhere that this is a deeply significant change of vocabulary. Our demand upon them has changed no less than theirs on us. For of a ruler one asks justice, incorruption, diligence, perhaps clemency; of a leader, dash, initiative, and (I suppose) what people call "magnetism" or "personality".

Some doubts about John Dewey as the "philosopher of the common good"

Michael Perry has linked to Charles Reid's suggestion that, in the wake of the election, we look to John Dewey -- described as the "philosopher of the common good" -- for optimism and inspiration.  It seems to me that we should look elsewhere. 

John Dewey's "optimism" and "egalitarianism" included -- indeed, his approach had at its heart -- a deep antipathy to religious authority and truth-claims, and indeed to any significant role for non-state mediating associations in the formation and education of persons.  Dewey praised Paul Blanshard's anti-Catholic screeds, and in some ways inspired them.  Charles notes, of course, that praise of Dewey needs to be "qualified," and says that he "appreciate[s] the diversity religious education offers in a world where public education might otherwise become too homogeneous."  As he should, and as Dewey -- an implacable enemy of the Catholic schools -- did not. 

I wonder, does Michael endorse Reid's endorsement of Dewey?  Why or why not? 

Charles Reid's Post-Election Reflection

Before the presidential election, I posted links to University of St. Thomas law professor Charles Reid's statement of reasons for supporting President Obama in the election, despite Professor Reid's pro-life position on abortion.  Some MOJ readers may be interested in Reid's post-election reflection (here), which is focused on philosopher John Dewey.  A brief excerpt:

"Properly qualified, we might do well to reflect on Dewey this November.  He is the philosopher of the common good.  One hopes that the racist dog-whistles and the naked appeals to class hatred (the 'takers' vs. the 'makers') that marked our ugly campaign season can be replaced with the understanding that we are 'in some metaphorical sense all brothers, [that] we are ... all in the same boat, traversing the same ocean.'  (John Dewey, 'A Common Faith,' reprinted in John Dewey, 'The Later Works,' vol. IX, p. 56).

It was John Dewey's optimism that drove the 'can-do period of America's greatest public works, the 1950s and 1960s.  It was his faith in democratic government and an engaged citizenry that breathed life into the great programs for social improvement represented by the New Deal and the Great Society. Following an election that feels much like a bitterly fought, hard-won vindication of those earlier transformative contests of 1932 and 1964, we might do well to reacquaint ourselves with this great American mind."

Wednesday, November 14, 2012

The Enemy Within

 

From literature, television, film, and music, authors, originators, and producers have used the theme of “the enemy within” to describe problems within an institution, organization, or society caused by its own members rather than by externs. This is not to say that in all cases, the “the enemy within” was malicious or a traitor, but it was an opponent to something of importance that was associated with and held by the community with which it, the “enemy,” chose to associate itself. I am using the term “enemy” as it is defined by the OED as “one who opposes” something. The Church has found herself across salvation history to be such a community in which persons claiming to be members have challenged core beliefs of the Church arguing that these principles of faith were outdated, wrong, or flawed and in need of abandonment. The Church in the United States, which is a local church of the Universal Church, has been the target of such persons, the “enemy” (i.e., those who are opposed) for some time. Evidence of this is particularly palpable during the election seasons of the last several decades. The fact that I disagree with certain views expressed by others who use the descriptor “Catholic” to describe themselves does not mean that I hate them or want to fight them: it means that I disagree with them and am opposed to their views on issues where we have different, perhaps even diametrically opposite views.

There is for many of us a correlation between principles of Catholicism and matters that are at the forefront of public policy debates and disagreements of the day. Like those with whom I disagree on these matters, it is important to offer the perspectives I hold for the benefit and consideration of others. That is why I write today to express a difference of opinion with two fellow Catholics, one whom I know and one whom I do not. For purposes of my discussion, identity is not essential to my posting (although it will be known by anyone who chooses to click the hyperlink), but the positions they advance are. My disagreement is not personal; rather, my opposition is to their perspectives and contentions which I believe are flawed because their justifications for both are deficient and miss something that objective reason would indicate to be otherwise. So, here goes…

The first view [here] takes issue with those bishops who took a strong and public stand on various initiatives regarding the meaning of marriage and the legislative or other initiatives to recognize same-sex marriage. The fact that individual bishops, episcopal conferences, and the Holy See have “weighed in” on the matter and opposed these initiatives and pointed out that these initiatives, if successful, will lead to other problematic initiatives down the line does not make the bishops who made statements along these lines “sarcastic.” The use of analogy is important in public policy debate, and it is certainly an important element of practical legal reasoning. The issues raised by the bishops were done with serious intent in mind; they were not an attempt to be sarcastic. To consider the basis of this contention in a legal context, who would have thought that Griswold would have led to Eisentadt; who would have thought that Roe would have led to abortion-on-demand? To have raised the prospect of where landmark case progeny would travel might have also been viewed as “sarcastic,” but look what happened. If this author upon whose posting I am commenting had investigated further, he would know that there are proponents of other forms of marriage who are preparing to advance their causes once same-sex marriage takes deeper root.

Furthermore, to take to task Catholics who are opposed to the same-sex marriage initiatives by arguing that these persons are using precious resources “to combat marriage equality” gives a meaning to the important word “equality” that is not sustainable or durable. As I pointed out in my last posting a few days ago, there are profound reasons for agreeing that same-sex relations that might be called marriage are not the equal of opposite-sex relations. Yet, we live and toil in an age where the simple mention of the term “equality” is all that one needs to do to make his or her argument stick, or so it seems. Nonetheless, objective reason that is constituted by clear, careful, and critical thinking will demonstrate that the use of the term “equality” to advance to acceptability of same-sex marriage is a mistaken use of the term’s meaning. To argue that bishops and other members of society are engaged in problematic “combat” that will undermine “equality” is unreasonable. To argue that these members of the Church should abandon what some term as “culture war politics” does not grasp the reality of the situation nor the matters which are at stake. The sound bite culture may find attractive such a phrase to describe a position with which they disagree and which they wish to see eliminated from the public debate, but the phrase “culture war politics” does grave disservice to the robust duties that accompany the responsibilities and rights of citizenship.

The further justification offered by this writer that the efforts of bishops and many Catholics to oppose same-sex marriage will “push[] younger generations of Catholics out of the church [sic]” needs to be evaluated. This statement presupposes that “younger generations of Catholics” understand and accept the first principles of the faith with which they are associated. In fact, many, perhaps most, do not for reasons I explained in my last post:

 

more and more young people are being subjected to teachings which use the moniker “Catholic” but, in fact, are not. As the “More than a Monologue” initiative partly sponsored by Fordham and Fairfield Universities illustrated and which I have previously discussed on these pages, nominally Catholic institutions of higher education, which have an extraordinary influence on the young, are not teaching what the Church teaches; moreover, these institutions are not exploring why the Church teaches what she teaches in spite of assertions to the contrary. For the most part at many institutions that claim the moniker “Catholic”, students are being exposed to a shadow magisterium which is a corruption of rather than intellectual fidelity to Church teachings on the neuralgic issues of the day including marriage. While these young may be receiving a great deal of education, they are not receiving the wisdom of the Church; hence, their knowledge of what the Church teaches and why she teaches what she does is being eviscerated.

 

So, I don’t think it is the bishops and those faithful to the Magisterium who are pushing the younger generations of Catholics out of the Church.

The source relied upon by this author to make his point insists that “Younger Catholics don’t want our faith known for its involvement in divisive culture wars.” This assertion/justification is also in need of careful evaluation. What do these young people understand our faith to be about? If it is all about social justice as the strongest voices of contemporary culture explain that loaded term, something crucial is missing. Our faith certainly includes corporal works of mercy that are designed to serve “the poor and marginalized,” but first and last it is about salvation and repentance of sins. I think too many Catholics today, and not just the young, have little or no clue about this core tenet. If they young are being “push[ed]…out of the church,” the source for this has been misidentified.

I now come to the second perspective [here] that requires a response. It begins by stating that the U.S. Catholic bishops “took a beating at the polls” in last week’s election. I was surprised to learn that they were on any ballot as part of a legislative initiative or as candidates. It would be accurate to say that bishops supported various initiatives that were parts of closely contested contests in which the bishops had strong support amongst tens of millions of voters. I took solace in the fact that this perspective acknowledged the Constitutional rights of all persons (including bishops, priests, religious, and the lay faithful) to participate in the political process and to debate the issues even when it appears that one party or one candidate might favor particular issues and the other party or candidate may not. When all is said and done, it is the issues that are in the forefront; what the candidates support and do not support follows.

The critique of this second perspective was not the Constitutional right of the bishops and other Catholics but rather what is effective and prudent about the tactics or strategies the bishops and the allied faithful take. Considerations of prudence and effectiveness are always important considerations for those who participate in public life, but so is the truth and ensuring that the truth about the matter under discussion is not sacrificed. To suggest that those bishops who remained silent on the neuralgic issues for presumed reasons of prudence and effectiveness and those who spoke out as being “political bishops” does a grave disservice to the office of bishop. If we could ask him today, I think John Fisher would agree with my take.

One also has to ask the honest question: who is pushing the issues (e.g., abortion, same-sex marriage, euthanasia, etc.) that are being pushed? Is it the bishops, or is it those lobbies and political organizations that have taken on the crusade of making dramatic changes to society and its institutions? The truth of the matter is that the bishops have spoken out on many issues of great importance, including those dear to many Americans. However, when the bishops don’t concur with powerful political forces about particular issues, the shepherds are incorrectly labeled as “political”, i.e., meaning wrong, imprudent, and ineffective. While this writer asserted that he was not “challenging church teaching” but “questioning political strategy,” the rest of us have to consider the implications well understood by Thomas More of the legal expression “qui tacet consentire”—silence gives consent. By remaining silent (or prudent, if you prefer), would it appear to many fellow citizens that the bishops were condoning or approving positions on crucial issues that are, in fact, in manifest opposition to first principles of the faith? They need only look at the example of Cardinal Innitzer of Vienna in the late 1930s to answer the question.

To argue that parishes should be “free of partisan politics” inaccurately captures what is at stake: fidelity to Christ, His holy Church, and enduring principles of the faith. If the parish is only a gathering place for “social justice” and doing good on certain issues but not those bearing some controversy, the faith of such a parish is thin. The bishops who disagree with this proponent are chided as not listening; but, to whom should they be listening, to what should they be paying attention? I think they are listening, and I think they are paying attention. Moreover, they realize what is at stake, and a sufficient number of them have indicated their acceptance of the responsibilities of their teaching office so that they are speaking out and in a clear manner that is understandable by their fellow Americans and fellow Catholics.

The second writer seems to argue that if something is legal, e.g., abortion or same-sex marriage, the bishops should leave it alone and move on. Our nation and our world have experienced too many situations in which something was declared legal but was morally flawed and contrary to the first principles of the faith. This is why Martin Luther King, Jr. stated that he:

 

would agree with St. Augustine that “an unjust law is no law at all.” Now, what is the difference between the two? How does one determine whether a law is just or unjust? A just law is a man-made code that squares with the moral law or the law of God. An unjust law is a code that is out of harmony with the moral law. To put it in the terms of St. Thomas Aquinas: An unjust law is a human law that is not rooted in eternal law and natural law. Any law that uplifts human personality is just. Any law that degrades human personality is unjust. All segregation statutes are unjust because segregation distorts the soul and damages the personality.

 

Should Archbishop Rummel have left alone what was legal when he confronted the evils of segregation that were legal, at least for a while? Surely bishops, clergy, religious, and the lay faithful must reasonably expect that their actions or tactics may “enrage their opponents,” and in Archbishop Rummel’s circumstance that was the case as it was with Dr. King. But neither of these witnesses to Christ let threats of public officials or the rage of some Catholics or other believers stop them from doing what the faith required. The fact that the bishops of Massachusetts opposed the move in that state to legalize same-sex marriage should not make us overlook the revenge taken by advocates for SSM who, as this author suggested, “fought exempting Catholic foster care and adoption services” on the grounds of “political payback.” It was revenge for being Catholic and fidelity to the faith that led to these consequences; moreover, the “political payback” was in reality intimidation designed to remove the Church from its proper role in the realm of matters dealing with public morality.

This is how tyrants operate; but tyranny should not stop any of the faithful from the call to and the responsibilities of discipleship. There fact that there are divisions within society should not preclude the truth about important matters from being spoken. The argument that there is no truth or different kinds of truth about the same issue is no argument at all; rather it is an exercise of a will unhitched from objective reason that wants to avoid truth and its objectivity and its beneficial meaning for the common good.

I beg to differ with this author when he suggested that the positions of the bishops on neuralgic issues “are so weak that they cannot allow students to hear their opponents.” Frankly this is not the issue. I don’t think any bishop would mind a program on a Catholic campus or at some other Catholic institution, such as a parish, where the faithful were fully informed of the issues and were given an accurate presentation of what the Church teaches and why she teaches what she teaches in opposition to the contrary positions of the day. Unfortunately we now live in a culture where all too often positions that are opposed to core Catholic beliefs are disguised as acceptable Catholic positions when, in fact, they are not. Bishops, pastors, Catholic educators, and any other person who is faithful to the Magisterium would see this as the case.

Finally, this second perspective argues for a different “political strategy” by the bishops. If that means that the bishops and any other faithful Catholic must sacrifice core teachings or remain silent, this is not a strategy but a capitulation to the first principles of Catholicism. While capitulation may be the safer course of action for the near future, it is not the faithful course; rather, fidelity to Christ and the teachings of His Church are.

 

RJA sj 

California votes to keep the death penalty

There was some good news (e.g., the vote in Massachusetts to reject legalized euthanasia) on the pro-life front, but -- in my view -- the news was mostly very bad.  (I'm not among those who think that Pres. Obama's administration and policies are helpfully characterized as "pro-life.)" 

One piece of bad news that has gone relatively unnoticed is the vote in California to retain the death penalty.  My sense is that the Democratic Party, which certainly does not suffer for lack of influence in California's politics, did little to try to secure abolition in California, which would have been huge.  But, of course, with few exceptions (like Sen. Feingold), Democrats have, even when in control of government (see, e.g., 2008-2010 at the national level) have done little to try to move the ball on capital punishment, while at the same time benefitting from the arguments of the "neither party is really pro-life; the GOP is anti-abortion but the Democrats oppose capital punishment" variety.

I oppose capital punishment, but also believe its use is constitutional, and that it should not be abolished (overtly or gradually) by federal courts.  It should be abolished through politics.  So, the California decision is a disappointment.  It would be nice if the party in power in that state took steps to abolish it.

Tuesday, November 13, 2012

Colombo, "The Naked Private Square"

Ron Colombo has a new piece (with a superb title) on the religious free exercise rights of corporations.  Agree or disagree, the article is both provocative and timely, as it relates to some of the religious freedom controversies currently vexing courts.

ADDENDUM: See also this interesting post by Michael Helfand related in part to the issue of conscience rights of for-profit organizations. 

Covenant House "Sleep-Out," November 15

I wanted to call a little attention to this event in New York City on November 15 sponsored by Covenant House, in which my friend Jim Horvath will be participating.  Covenant House does very good and needed work on behalf of homeless, abandoned, and abused youngsters.