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, November 12, 2012

Rethinking the "Just War" [Updated]

Rethinking the 'Just War,' Part 1
By JEFF MCMAHAN

The "just war theory" has influenced the ethical positions on violent conflict of both church and state for centuries. But consensus on that theory has begun to erode.

Rethinking the ‘Just War,’ Part 2

By JEFF MCMAHAN

Why the traditional version of the just war theory must be rejected.

Saturday, November 10, 2012

One answer to our present questions: "Renewing hospitality"

Unhealthily gloomy (or triumphalistic) about Tuesday's election-results, and what they tell us about our divisions, disagreements, and challenges?  One suggestion, Anna Williams suggests, at First Things, strikes me as a really good one:  "More dinner parties."  Count me in.

More on NDCEC's Justice Conference

Like Rick, I'm greatly enjoying the Notre Dame Center for Ethics & Culture's Fall conference on "The Crowning Glory of the Virtues:  Exploring the Facets of Justice."  Judging by the quality of the conference, Carter Snead is proving himself a worthy successor to David Solomon as Director of the Center. (Not that there was any doubt that he would be, but that is a hard act to follow.)

These conferences are always marked by the breadth of the speakers, disciplines, and topics addressed.  As much as I love having my mind stretched by a few days of such wide-ranging and stimulating discourse, I always leave feeling slightly discouraged by the ever-increasing list of things I really want to read.  Alisdair MacIntyre yesterday afternon made a compelling case that any American Catholic could better understand her place in our current polarized political climate by reading the poetry of Charles Peguy, and memorizing more of the poetry of Walt Whitman.  Robby George & Michael Sandel's colloquy on "The Moral Limits of Markets" added to my reading list Sandel's new book, What Money Can't Buy, which I now feel I ought to read so I can decide whether Robby or Sandel was correct about whether it's wrong of me to try to get my kids to do their homework by paying them money, or by prodding them to do it "because they love mommy", and whether or not I ought to call doing either of those things "bribing", or "incentivizing" or some new word that hasn't yet been invented.

For those of you who might want to join the fun here today for a day's worth of programming that ends with an evening talk by John Finnis on "The Priority of Persons Revisited", if you aren't an early enough riser to catch the panel with Rick Garnett, Michael Moreland & Paul Horwitz chewing the fat on religious liberty & justice, you can slip in at 3:15 to hear me (as well as Paolo Carozza and Andrea Simoncini) on a panel on "Elementary Human Experience and the Foundations of Law."

 

Friday, November 9, 2012

Gratitude to Romney-Ryan for the Pro-Life Witness and Work Remaining to Be Done: Wise Words from Ben Stein

In his ruminations on the recent election results, Ben Stein includes these thoughts:

"It is the mark of a genuinely great campaign that Romney and Ryan did not back down one inch on the main moral issue of our time, the mass murders of the unborn. This is the primary evil of our era and it may take years to make things better, but as the saying goes, that Dr. King used to say, “Truth forever on the scaffold, wrong forever on the throne, yet that scaffold holds the future and beyond that dark enclosure standeth God, within the shadow, keeping watch upon his own” (paraphrased for this occasion). You can call it anything you want, but abortion is a wicked evil and we will never be what we should be as long as we treat is as a right. No one has the right to choose to kill an innocent human being."

UPDATE:  David Buysse points out that Dr. King's favored quote is drawn from "The Present Crisis" (c. 1844) by James Russell Lowell:

Careless seems the great Avenger; history's pages but record
One death-grapple in the darkness 'twixt old systems and the Word;
Truth forever on the scaffold, Wrong forever on the throne,—
Yet that scaffold sways the future, and, behind the dim unknown,
Standeth God within the shadow, keeping watch above his own.

The whole poem is worth reading here.

 

Withering on the vine…

 

As the dust settles from Tuesday’s election, various pundits are seeking the ambo to proclaim that the results are consistent with Catholic teaching or not. One illustration of this is from a faculty member at the Jesuit theologate and school of theology at Berkeley, CA [HERE]. She begins her dotCommonweal contribution by proclaiming that Tuesday’s results in four states were historic for advancing the cause of same-sex marriage.

The professor/author argues that the increasing support for same-sex marriage is a “generational issue,” and by this I think she means that, with the passage of time, more and more Americans will agree that opposition to same-sex marriage, for whatever reason, puts one “on the wrong side of history” as she quotes a member of a California-based organization which favors the recognition of same-sex marriage.

The professor/author appears to be in favor of the changes reflecting this “generational issue” and does not want to be “on the wrong side of history” when she asserts that some Catholics “are hanging on to the good news of Catholic Social Teaching, at least as they see it” by claiming that Catholics for “pro-gay marriage” justify their position on “centuries of Catholic social teaching” which is based on “Christ’s primary message… of love.”

The professor/author is critical of Magisterial teaching to the contrary which she considers limited and faulty. She concludes that Tuesday’s approvals of same-sex marriage in various legal redefinitions of marriage demonstrate that “Catholics voting for marriage equality are showing that they have indeed learned the lessons of Catholic teaching, both the social teaching of the equal dignity of all people and our own rich heritage on marriage.”

I am not sure where she gets her support to substantiate these conclusions, and her views necessitate a response on several fronts.

I can see how she contends that increasing Catholic support is becoming a “generational issue” because 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 teachers; 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. In addition, both catechesis and evangelization are suffering rather than prospering as a result of false doctrine being disseminated by a growing number of teachers who are employed at the once-traditional but now-nominally Catholic institutions.

But more needs to be said about the professor/author’s dotCommonweal posting. My next point concerns her contentions about centuries of Catholic social teaching supporting the generational shift that erroneously believes that Catholic social doctrine is in favor of same-sex marriage. A brief excursion through applicable papal encyclicals, dicastery documents, Conciliar documents, the Catechism of the Catholic Church, and the Compendium of the Social Doctrine of the Church will rectify her contentions about advocacy for same-sex marriage and the positions of those she favorably quotes in this regard which she believes accurately reflect “the equal dignity of all people” as advanced by Catholic social thought.

This brings me to her understanding of the meaning of equality. John Courtney Murray was on to something when he explained that norm making consistent with the natural moral law process that undergirds our federal republic is founded on objective human intelligence comprehending objective reality. I have, both here and elsewhere, delved into the equality argument for same-sex marriage. But in brief, let me demonstrate why her equality argument falters by illustrating with one argument the truth that same-sex marriage is not equal to opposite-sex marriage: let us consider that two planets similar to earth, alpha and beta, are being colonized by humans. Opposite-sex couples are sent to alpha; same-sex couples are sent to beta. Neither planet will have the capacity to rely on technology-assisted reproduction. In one hundred years, more earthlings go to planets alpha and beta. What will they find? They will find that alpha is still populated with humans but beta will not be. Her equality argument fails because the claims upon which it is based are false.

Another point requiring some attention here is the professor/author’s claim that “Christ’s primary message is one of love.” Is it really? There is no question that our Lord taught and lived love, but I submit that his primary message was about salvation when he exhorted us to avoid sin and its near occasion. Moreover, the Lord came to remind us that we have free will that ought to be exercised in the direction of virtue and away from vice and sin. As he told the woman who sinned: go and sin no more. And, when one turns from sin toward seeking forgiveness, redemption is at hand as the prodigal son discovered. Regrettably, the professor/author’s misunderstanding of Christ’s “primary message” can be used to lead people away from salvation and into sin and the loss of salvation. Should a professor of moral theology really be exhorting such a thing?

This brings me to my final point for today, a point that I have previously made here at the Mirror of Justice and elsewhere but a point requiring repetition once again. This point is founded on another of Christ’s teachings: he is the vine, and we are the branches. Our Lord reminded us that we, as vines, can prosper and bear fruit if we remain faithful to him. But, if we so choose, we can sever our relation with him and with what God asks of us; when we do, we shall wither. When the latter occurs, we can be bound up and consigned to a status in which we are permanently removed from him and what God promises. In the context of Catholic higher education, we might recall Archbishop Michael Miller’s reliance on this very theme from Saint John’s Gospel (the vine and the branches) when he developed the notion of evangelical pruning of educational institutions which claim to be Catholic but, in fact, are not. If I may borrow from a tack taken by the professor/author, might this be a moment when Catholics need to understand what Catholic social teaching really is and, if necessary, relearn it in order to avoid withering on the vine of Christ?

 

RJA sj

 

Thursday, November 8, 2012

"The Final Gladness"

A book that really changed my life is Fr. James Schall, S.J.'s, Another Sort of Learning (buy it here). I gather that he has announced his plans to retire from Georgetown University.  Here (HT:  First Things) is the announcement of his "last lecture", "The Final Gladness", at Georgetown, on December 7.  Seriously:  If you are in D.C., don't miss this.

NDCEC Fall Conference: "Justice: The Crowning Glory of the Virtues"

One of my favorite events of the year is upon us:  The Notre Dame Center for Ethics and Culture -- founded by David Solomon and now led by Carter Snead -- is hosting its annual Fall Conference.  Here's the line-up.  If you are in or near South Bend, come on down!  Many highlights, including a moderated conversation between Robby George and Michael Sandel on "The Moral Limits of Markets", and a lecture by Alasdair MacIntyre, "Catholic Instead of What?"  

And, for the early-morning crowd (or the all-night Justice-contemplators), you can come hear, Saturday morning at 10:30, Paul Horwitz, Michael Moreland, and your humble correspondent present on "religious liberty and justice."  Horwitz and Moreland will, of course, be great.

Here's the conference blurb:

In his famous work, De Officiis, Marcus Tullius Cicero wrote that in justice, we see “the crowning glory of the virtues.” Countless treatises, encyclicals, verses, and artistic endeavors by a vast array of philosophers, theologians, poets, and  painters have explored the manifold aspects of justice, particularly its meaning and its manifestation in our souls and societies.  

The Notre Dame Center for Ethics and Culture will devote its thirteenth annual Fall conference to the theme: The Crowning Glory of the Virtues: Exploring the Many Facets of Justice. In customary interdisciplinary fashion, this conference will take up  the many questions related to both the nature of justice and the varied  and often-conflicting ideas of how to establish justice in our hearts  and in our world.  These questions will be pursued in the disciplinary contexts of philosophy,  theology, political theory, law, history, economics, the biosciences,  literature, and the arts. 

 

George, Anderson, and Girgis, "What Is Marriage?"

Congratulations to our fellow MOJ-er Robby George, and to his colleagues Sherif Girgis and Ryan Anderson, on the publication of What Is Marriage?  Man and Woman:  A DefenseHere's the Amazon page.  (Here's an online essay, by Ryan Anderson, which sets out, in shorter form, parts of their argument.)  And, of course, you can go to the Facebook page and "like" it!

Wednesday, November 7, 2012

Both Parties Should Be Humble Today: Prospects for Bipartisan Progress on Entitlements and Immigration

Humility is seldom sought and usually imposed.  Once humbled, however, the wise person learns from the experience and become more open to alternatives that previously may have been dismissed.

As they woke up this morning, Republicans obviously had many reasons to be humble.

Despite a struggling economy, rising debt, persistently high unemployment, and most Americans thinking the country is going in the wrong direction, Governor Romney managed to lose the election by a rather large margin in the Electoral College.

With more than twice as many Democratic-held Senate seats being on the ballot, many in “Red” states, Republicans should have taken control of the Senate this year.  Instead, with weak candidates, a poor message, and repeated mis-steps, Republicans have actually gone backwards and lost a couple of seats.

While it may not be so obvious today, and appears thus far to have eluded most pundits and celebrating Democrats, Democrats have many reasons to be humble as well.

Yes, President Barack Obama won a second term as President, and he did so against the head winds of a weak recovery, high unemployment, and an approval rating that always hovered below 50 percent.

But it was hardly a convincing win.

President Obama’s biggest fans pretend that he is a transformational figure, a Democratic version of Ronald Reagan.  But President Reagan was re-elected in a landslide in which he carried 49 states and won by an increased popular vote margin of more than 18 points.

In sharp contrast, President Obama’s popular vote margin shrank from 7 points in 2008 to 2 points in 2012.  If the present popular vote margin stands (with nearly 99 percent of the precincts reporting nationwide), President Obama will pass the 50 percent dividing line by only a few tenths of a percent.  He becomes only the second President in history to be re-elected with a smaller margin of the vote than in his first election — the last one being Woodrow Wilson in 1916.

Moreover, while President Obama stays in the White House, Republicans remain in firm control of the House of Representatives.  After a “wave” election, such as we saw in 2010, things tend to move back toward balance in the next election cycle, with representatives who had seized swing districts being removed.  Instead, with several congressional races still too-close-to-call, projections are that Republicans will have lost fewer than half a dozen seats and thereby maintain a healthy majority in the House.

And Republicans increased their hold on state houses yesterday.  Nearly two-thirds of the Governors are now Republicans.  Then-Senator-now-President Obama being the exception that proves the rule, the farm team for presidential candidates in the last half-century has been the state executives, not federal legislators. [Note:  Sentence revised in light of comments.]  Thus, Republicans now have a leg up on the executive training for the next generation of presidential candidates.

So both of our major political parties have ample reasons for humility today.

In light of that, could there be a bipartisan moment?  Is there any prospect during a second Obama term for both Democrats and Republicans to come together and accomplish something important for the common good?

William Galston of the Brookings Institute is skeptical, saying that he doesn’t “think there is anything in this election that has pointed a way forward.”  I beg to differ — or at least to hope.  I think we have a genuine chance — to be sure, only a chance — for meaningful bipartisan progress on such things as entitlement reform (and deficit reduction) and immigration reform.  Below the break, I further explain my cautious optimism.

 

Continue reading

Scaperlanda (from Nov. 2008), "Beyond Politics"

I thought it might be a good time to review our own Michael Scaperlanda's series of posts, from Nov. 2008, "Beyond Politics."  The first installment is available here:

Now that the election is past, I’d like to encourage us to move beyond politics (at least for two years but maybe longer) and to think more creatively about how MOJ and the development of Catholic Legal Theory can contribute its small part to the transformation of our culture. . . .