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, March 15, 2013

At St. Thomas: "Intellectual Property and Religious Thought" Conference; "Church and Digital Communications" Roundtable (April 4-5)

I'm excited to invite readers in the Twin Cities area (or even further away if you want!) to two upcoming events at St. Thomas on the important relationships among faith, justice, and issues concerning technology, creativity, digital communications, and intellectual property.  They will take place on Thursday and Friday, April 4 and 5.

1.  Symposium.  April 5, 8:30 a.m. to 4:30 p.m., School of Law Atrium:  The UST Law Journal and the Terrence J. Murphy Institute are co-sponsoring "Intellectual Property and Religious Thought," a groundbreaking gathering of a dozen leading scholars from the U.S. and overseas.  Brief symposium description:

Should life be owned? How does the right to life intersect with investors’ rights to profit from life-saving products? How should the law respond when genetically modified plants cross-fertilize with heirloom crops cultivated by subsistence farmers?  Does a patent-holder’s ownership of a reproducing GMO extend to all that organism’s descendants?  The long, rich, diverse traditions of religious thought concerning property rights and obligations has only begun to be applied to these questions.  This ground-breaking  conference will bring together legal scholars, bioethicists, and theologians/religion scholars from diverse traditions for an interdisciplinary discussion of intellectual property and how religious themes, practices, and communities may inform and shape its law, policy, and moral/social effects. The University of St. Thomas Law Journal and the Terrence J. Murphy Institute for Catholic Thought, Law, and Public Policy are pleased to convene this symposium of scholars who are defining and developing this exciting new field of interdisciplinary research.   The conference will take place in the Atrium on April 5, 8:30-4:30pm.  For the complete list of speakers and topics and to register, go here.

2.  Breakfast Roundtable.  April 4, 8:30-9:30 a.m., Center for Catholic Studies, 2055 Summit Ave, UST St. Paul Campus.  An informal breakfast roundtable with Marco Fioretti, a writer on information technology and its effect on individuals, the family, civil society, and the Church.  Marco, who will be here from Rome to participate in the April 5 conference, is, among other things, founder of Eleutheros.org, a site and organization pursuing "a Catholic approach to information technology."  See his website here.  To attend the roundtable, please RSVP to Seanne Harris.

The topic of Marco's remarks will be as follows:  “Formats and software are a crucial part of the message in digital communications. Is the Church prepared to handle them to spread her message in the most effective way?”  Abstract:

The nature of our age demands that the Catholic Church produces documents, and communicates, digitally, more and more every year. So far, however, very little attention has been paid to whether the usual, mainstream tools that many others already use are, indeed, technically suitable for the Church. Or if mainstream legal formulas and licenses are the most effective ones.  For example, if the official words of the Church are meant to be forever, does it make sense to convey them through files or digital channels that may become unusable in just a few years? If they are meant to reach everybody, shouldn't they be accessible from every computer? How will Catholics of 2100 be sure that an Encyclical or other similar documents, only available to them in digital form, are exactly the same words that came out of the Vatican one century earlier? The meeting explains why this is an ethical problem, NOT a technical problem that could be delegated to software professionals and forgotten, and suggests some practical ways to deal with it.

These should be two very rich events on issues of great current and future importance.  Hope to see some of you there!

Tom

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A Jesuit Pope called to "Go and Repair My House"

Two articles on Pope Francis that might be of interest to our readers. 

The President of Loyola Chicago writes in the Chronicle of Higher Education on "A Pope in the Jesuit Tradition," asking but not answering what the election of a Jesuit pope holds on store for "those of us who are Catholic educators and for our institutions." 

In, "Go and Repair My House" (Wall Street Journal), Peggy Noonan sees in Pope Francis a man who "loves the poor and not in an abstract way. He gave the cardinal's palace in Buenos Aires to a missionary order with no money. He lives in an apartment, cooks his food, rides the bus. He rejects pomposity. He does not feel superior. He is a fellow soul. ... The church's grandeur is beautiful, but Francis seems to be saying he himself won't be grand" as he attends to the task of repairing God's house.

Thursday, March 14, 2013

The Grey Lady’s “Unholy Alliance”

 

Prior to the euphoria associated with the election to the papacy of Pope Francis, The New York Times published this past Monday an editorial entitled “Unholy Alliance.” [Here] The editorial was a harsh critique of the Holy See and alleged that it was in an “unholy alliance” with the Islamic Republic of Iran and the Russian Federation designed to derail the “final communiqué” of the annual two-week meeting at the United Nations Headquarters of the Commission on the Status of Women. In relying on finger pointing of some “delegates” and “activists”, the Times argues that this “unholy alliance” is trying to eliminate language that would “eliminate violence” against women. I cannot say what approach the Iranians and Russians have taken in the discussions leading to the final text of this year’s Commission, but I can with humble confidence say something about the Holy See’s position and method of proceeding as expressed in its official intervention in the plenary sessions of the Commission. [Here]

I cannot reconcile the Times’s branding of the Holy See as part of a Trinitarian “unholy alliance” with the Vatican’s actual position in and contributions to the Commission’s deliberations. The Times fails to understand or accept the possibility that even “conservative hard-liners” might be right on certain issues, particularly when the subject matter deals with the falsehood that abortion is a “human right” as the Times contends. If we could ask to over fifty million young Americans who lost their lives from an abortion performed on them since Roe was decided, I am confident that they would also disagree that abortion is a “human right.” In this regard the Times defends its view with the statement that “[t]he efforts by the Vatican and Iran to control women are well known.” But is the Church’s position as well-known as the paper contends? Again, I cannot speak about Iran’s position, but it is imperative that if anyone including the Times and is interested in what is truly going on in the current session of the Commission on the Status of Women they must read the Holy See’s intervention to which I have already supplied to link. It is this statement, and not some phantom “unholy alliance”, that guides those delegates who represent the Holy See in their great efforts to stop violence against women and girls and to promote their genuine dignity and worth that is a central element of the UN’s mandate. When an objective reader considers the Vatican text, I doubt that he or she would reach the same conclusion that is proffered by the Times. It is not control of women that the Holy See is after; rather, it is the protection of everyone’s fundamental and natural claims to the life God has given us all.

The Times derides “traditional values” that it asserts are used to “justify the violation of basic human rights.” Yet, it does not specify which are the values espoused and which are the rights affected. However, the paper, in a weak effort to reinforce its position, relies on the Norwegian gender equality minister’s interesting assertion that “Violence against women must be seen as a human rights issue, and that has nothing to do with culture or religion.” The first part of her statement before the comma seems to make sense, but I question the second part in which it is contended that human rights have nothing to do with culture or religion. If this is the case, I think the Times and the minister ought to familiarize themselves with the major human rights instruments and declarations of public international law. When they do, they will see that religion and culture have a great deal to do with human rights because they are recognized as human rights; however, an examination of these same declarations and juridical documents reveals nothing about abortion being a human right. The reason for this is because it is not, nor could abortion become one.

The Times is correct in expressing outrage about violence against girls and women, but it does not acknowledge that the very first paragraph of the Holy See’s intervention says the following:

“This year’s choice of this important topic underlines the tragic reality of the continued victimization of women and girls around the world by myriad forms of exploitation and violence, in a shameful continuum, ranging from sex-selective abortions, female infanticide, abandonment, trafficking, rape, domestic abuse, rape as a weapon of war, forced prostitution, to misguided government policies unduly restricting the number of children per family and other forms of violence. Many women and girls, from the moment of conception until natural death, face an array of immoral and dehumanizing acts of violence. In addition, degrading practices, such as female genital mutilation, child marriage, forced sterilization and forced abortions, characterize this continuum and constitute heinous forms of oppression trampling upon the dignity of women and girls. This reality demands that Governments as well as all societal institutions undertake concerted and comprehensive efforts to address this grave problem.”

It is puzzling that the Times makes no effort to acknowledge the two dozen places in the Church’s interventions where the Vatican text addresses violence against women and girls. Moreover, unlike the Holy See, the Grey Lady is less interested in the authentic dignity and worth of women and girls, but, unlike the Holy See, it appears to be more interested in promoting the exaggerated autonomy of some persons over the authentic human rights of everyone. If there is an “unholy alliance” lurking somewhere in the meetings on the Commission of the Status of Women, the Holy See is not a part of it. Interestingly, the Holy See acknowledged that the commercialization of the human person has something to do with reinforcing a culture in which violence against girls, women, and everyone else is a part of the real problem. As her intervention stated:

“The advertising which proliferates around the world is an example of how the human person is demeaned, commodified and sexualized into an object for others’ perversion and lust. The woman is thereby reduced to a body without a mind or a soul. In this context, it is most urgent for us to discern solutions that are not merely limited to the short term, or lowest common denominator, and which inevitably prolong the causes for violence, but rather to pursue solutions which address the root causes of violence versus women.”

The Times would not have to look too far to observe one venue in which this commercialization that undermines rather than reinforces the dignity and worth of the human person takes place.

 

RJA sj

 

More Poetry for Pope Francis

Here's my contribution to this virtual poetry-slam:  the poem that I reached for after watching the announcement with some of my colleagues in the faculty lounge here at UST Law.  It was published sometime in the last year or so in First Things, but I only have the xerox of it I keep by my desk -- it doesn't have the cite. 

As the mother of 2 young adults who seem destined to choose careers that will not offer financial security (one who is now training to be a Catholic school teacher with ND's ACE program, and another seriously studying to be a Hollywood screenwriter whose work reflects the values of his faith), this one speaks to me. 

St. Clare of Assisi

 

Her parents tired of locking her up

before she tired of running away.

Love mocks the locksmith, and love

drove her on till the convent walls

closed around her strong as a castle,

and poverty made her as safe

as wealth makes a queen.

 

Francis the merchant’s son

should have died in the streets of Assisi

known as the local beggar, Crazy Old Frank.

Who knew that young men would flock to him,

poverty-mad, throwing away their future

to live this way?  And Clare after him—

luring a princess from Hungary

to case aside royalty and wealth for a winter

heated by no fire but love.

 

Could it happen again?  Parents hope not.

Children should make (and be) good investments,

while faith and fanatics are out of fashion.

But all it takes is a whisper, a change in the wind,

a trick of the light,

for the sleeping coal to flare up

and sons and daughters come running,

scattering fellowships, law school,

the Army, the arts, their engagements,

brimming with glorious news for their families:

“I’m begging!  Isn’t it wonderful?”

 

-- Gail White

Haldane on Pope Francis, and the Canticle of the Sun

Like my wonderful colleagues here at MOJ and so many others, I am just starting to learn about Pope Francis I.  With that in mind, I recommend this informed and very thoughtful post by John Haldane. Also, the Pope's excellent choice of name put me in mind of St. Francis of Assisi's beautiful "Canticle of the Sun." The text is below, and here is a piano setting by Franz Liszt that I've always liked.

Most high, all powerful, all good Lord!
All praise is yours, all glory, all honor, and all blessing.

To you, alone, Most High, do they belong.
No mortal lips are worthy to pronounce your name.

Be praised, my Lord, through all your creatures,
especially through my lord Brother Sun,
who brings the day; and you give light through him.
And he is beautiful and radiant in all his splendor!
Of you, Most High, he bears the likeness.

Be praised, my Lord, through Sister Moon and the stars;
in the heavens you have made them bright, precious and beautiful.

Be praised, my Lord, through Brothers Wind and Air,
and clouds and storms, and all the weather,
through which you give your creatures sustenance.

Be praised, My Lord, through Sister Water;
she is very useful, and humble, and precious, and pure.

Be praised, my Lord, through Brother Fire,
through whom you brighten the night.
He is beautiful and cheerful, and powerful and strong.

Be praised, my Lord, through our sister Mother Earth,
who feeds us and rules us,
and produces various fruits with colored flowers and herbs.

Be praised, my Lord, through those who forgive for love of you;
through those who endure sickness and trial.

Happy those who endure in peace,
for by you, Most High, they will be crowned.

Be praised, my Lord, through our Sister Bodily Death,
from whose embrace no living person can escape.
Woe to those who die in mortal sin!
Happy those she finds doing your most holy will.
The second death can do no harm to them.

Praise and bless my Lord, and give thanks,
and serve him with great humility.

Wednesday, March 13, 2013

Viva Francisco!

I was driving on I-80 when a confused radio talker switched her verdict on the smoke from "gray" to "white!", and was pulling into Economy Parking at O'Hare when we learned that "habemus papam,"  What an exciting, happy, important day!  Let the chatterers blather about this or that "faction" or "stalking horse", or about whether or not "Jesuit" and "simple" and "Francis" translate into "acceptable to the New York Times or compatible with American commentators' understandings of the 'liberal' policies towards which the Church is supposed to swerve," etc.  Clearly, God has given us a humble, and faithful, pastor-priest -- a friend of Jesus, like John Paul II and Benedict XVI -- and there is every reason to hope that he can and will (re-)evangelize the world, inspire the Americas, and -- like St. Francis -- "rebuild [Christ's] Church."  Maybe, just maybe, a pundit or two -- heck, maybe millions of people! -- will see, in his example, that there is no conflict between kissing the feet of an AIDS victim and criticizing hypocrites, on the one hand, and joyful, confident orthodoxy on the other.  (What is humble service to the poor but "orthopraxis," after all?) 

Lots of people will read into Pope Francis's election -- his nationality, his name, his religious order, his bus-riding -- lots of things.  So, why shouldn't I?  The Holy Spirit, in guiding the conclave to an Argentinian, is affirming the basic -- let's say the intrinsic! -- goodness of big chunks of grilled red meat with big glasses of bold red wine.  Salud!  

Pope Francis

As I say in this Philadelphia Inquirer story, I'm delighted (and surprised) by the election of Cardinal Bergoglio. He has a remarkable range of experiences--university professor, Jesuit novice master and provincial, spiritual director, and bishop. And I could be wrong about this, but I believe he may be the first pope with graduate training in the natural sciences (a master's degree in chemistry). There will be much celebration in my home this evening: my wife is from Buenos Aires.

Pope Francis I

Some years ago I was asked by a papal nuncio if I thought it were possible for a Jesuit to become pope--after all, Jesuits are forbidden to seek or accept ecclesiastical office unless specifically commanded by the one with the authority to do so.

I told that nuncio that I thought it possible, and that one day, if it were the will of God, it would happen. Apparently, I was correct in my double assertion.

May God grant our Holy Father many years. And as we often say in the Society of Jesus, Ad multos annos!

 

RJA sj

Helfand's Testimony: Implied Consent Institutionalism

My friend Michael Helfand (Pepperdine) will be appearing with me at the US Commission on Civil Rights briefing next week, and he passes along his testimony.  Michael's approach to the religious institution question, as developed not only here but also in some of his other excellent work, depends to an extent on a very interesting (and, I think, provocative) concept of implied consent derived from the individual and granted to the institution.  He locates some of the constitutional root of this idea in Watson v. Jones (1872).  

"Strong" Catholics in America on the decline

The Pew Forum reports that "the percentage of U.S. Catholics who consider themselves 'strong' members of the Roman Catholic Church has never been lower than it was in 2012."  The number, according to Pew's analysis of the General Social Survey, is 27% (even lower than the number for "mainline Protestants"). A bit:

"[O]ver the past four decades, self-reported church attendance has declined among 'strong' Catholics as well as among Catholics overall. The share of all Catholics who say they attend Mass at least once a week has dropped from 47% in 1974 to 24% in 2012; among 'strong' Catholics, it has fallen more than 30 points, from 85% in 1974 to 53% last year." 

Time for some evangelization!