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.

Tuesday, September 3, 2013

CSDC 3: Social doctrine and the new law of love

The first analytical index entry for “Law” in the Compendium of the Social Doctrine of the Church points to paragraph no. 3. This paragraph appears in the Introduction (“An Integral and Solidary Humanism”). Among other things, it describes the "profound unity" of the Church’s social doctrine, "which flows from Faith in a whole and complete salvation, from Hope in a fullness of justice, and from Love which makes all mankind truly brothers and sisters in Christ":

3. To the people of our time, her travelling companions, the Church also offers her social doctrine. In fact, when the Church “fulfils her mission of proclaiming the Gospel, she bears witness to man, in the name of Christ, to his dignity and his vocation to the communion of persons. She teaches him the demands of justice and peace in conformity with divine wisdom”[3]. This doctrine has its own profound unity, which flows from Faith in a whole and complete salvation, from Hope in a fullness of justice, and from Love which makes all mankind truly brothers and sisters in Christ: it is the expression of God's love for the world, which he so loved “that he gave his only Son” (Jn 3:16). The new law of love embraces the entire human family and knows no limits, since the proclamation of the salvation wrought by Christ extends “to the ends of the earth” (Acts 1:8).

A Stroll through "Law" in the Compendium of the Social Doctrine of the Church

The Compendium of the Social Doctrine of the Church seems as good a place as any to start in understanding and appreciating the richness of Catholic teaching about human positive law. One glance at its analytical index reveals that an important part of that project is understanding the relationship of human positive law to other types. For there are many kinds of law.

The analytical index contains more than 60 entries underneath the heading of "Law" and also includes cross-references to the headings for "International Law" and "Natural Law," which together contain 25 entries. The entries for each of these headings are pasted in below the jump.

In the coming months, I hope to take advantage of the episodic nature of blog posts to take a stroll through the Compendium's statements about law. I propose to progress linearly from beginning to end of the Compendium, linking to each index entry in numerical order. My own commentary will be light. But perhaps things worth singling out for a closer look will come into view on this stroll. This piecemeal approach has many limitations,but lacking the capacity at present to present the whole as a whole, I aim to lay out some pieces. (For those who may be uninterested, these posts will be easy to identify and skip. Their titles will all follow the format: "CSDC [#]: [index entry].") 

Continue reading

A closer look at the Milgram Experiments

The other day, I heard this NPR interview with Gina Perry, the author of a new-ish book, "Behind the Shock Machine:  The Untold Story of the Notorious Psychology Experiments," and was intrigued.  My Criminal Law professor, Joe Goldstein, used the experiments in our unusual (but really fun) introductory course, as part of a discussion about consent and human-subjects research. 

I have not read Perry's book (yet), but it sounds like she's established that Milgram was pretty set all along on reaching his "regular people will do really bad things if told to by an authority figure" (or, as this reviewer put it, his "most of us are potential Nazis") conclusions and troublingly uninterested in the possibility that his subjects could have been harmed by their experiences.  Here's a bit, from a review in MacLean's:

To start with, Milgram was—in layman’s terms—nuts. He began the shock tests without any clear theory of what he was aiming to prove, and had to cobble it together afterwards, some of which he gleaned from a pamphlet entitled, “How to Train Your Dog.” He refused to consider that many people took it as a given that the stated aim of any psychological test was never its true purpose: A large proportion of the volunteers simply didn’t believe Yale would allow people to administer potentially fatal shocks. Among those who did accept what Milgram told them, far fewer than the 65 per cent he claimed actually continued to up the voltage. Worst of all, for fear the truth would leak out to other prospective volunteers, Milgram refused to fully debrief his subjects, many of whom were haunted for years by guilt at what they thought they had done.

If any readers have had a chance to read the book, I'd welcome and appreciate reactions.

More on Catholic Social Teaching and prudential judgment

At Catholic Moral Theology, David Cloutier has a post ("Immigration and Prudential Judgment") that is worth reading and that tries to push the conversation toward clarity when it comes to "absolute norms" and "prudential judgments."  I have a few specific disagreements (e.g., his suggestion that questions about abortion-regulation should be framed in terms of "toleration of individual choices", a framing that risks obscuring the fact that abortion-regulation is connected to the obligation of the political community to protect the vulnerable from violence) but agree with the piece's basic point, i.e., that "prudential judgment" cannot be an "escape" from or a license to ignore those Church teachings with which we disagree:

By claiming “prudential judgment” in these significant discussions, what is obscured is the claim Catholic teaching makes to be a complete vision, a unified whole. That vision does not provide a simple blueprint for policy. However, it does provide clear orientation for the ends of policy, an orientation that is in significant conflict with the philosophical assumptions (or if you prefer, the theological anthropology) that founds other kinds of policy.

The distinction between a "blueprint" and an "orientation for the ends of policy" is an important one, I think.  David is focusing in this piece on the immigration debate (and I agree with him that it is not a matter of "prudential judgment" whether or not we should figure out a way -- putting aside the question whether the current proposals *are* such a way -- to regularize, in a sensible and fair way, the status of the people who are, at present, in the United States unlawfully); for me, a good example (coming from "the other side", I suppose) of mistakenly taking the "blueprint" approach was the way many simply invoked Pope Leo XIII and Rerum novarum as resolving all questions about public-employee unions.  And I'm sure we can think of other illustrations . . .

This side of Heaven, it will be a rare legislative proposal or piece of positive law that is the only, or that is obviously the best, way of promoting human flourishing and the common good.  But, as David points out, this fact is not a license or excuse to say "anything goes" or to opt out of the hard work of reasoning through the problem, carefully, considering all the facts, and going with the all-things-considered best option.

The WaPo calls out DOJ for its ridiculous attack on school choice

A powerful piece, by the Editorial Board of the Washington Post, quite appropriately calling out the DOJ for its latest and lame attack on school choice in Louisiana.  School choice is, of course, a pressing social-justice issue and it's deeply regrettable that, so soon after the commemoration of Dr. King's March on Washington, the administration is trying to hamstring this program.  As the Post puts it:

 NINE OF 10 Louisiana children who receive vouchers to attend private schools are black. All are poor and, if not for the state assistance, would be consigned to low-performing or failing schools with little chance of learning the skills they will need to succeed as adults. So it’s bewildering, if not downright perverse, for the Obama administration to use the banner of civil rights to bring a misguided suit that would block these disadvantaged students from getting the better educational opportunities they are due.

What was it that Slate was saying, again, about "bad people"?

"Law, Not Theology"

Kyle Duncan has an interesting post ("Law, Not Theology") at the blog of the Becket Fund in which he discusses, among other things, a strange exchange during oral argument in one of the HHS mandate cases (Conestoga Wood), in which the lawyer for the DOJ contended that the term "abortifacient" is a "theological term."

Labor Day reading

I went back through some old MOJ Labor Day posts, and found a number of worth-(re)reading items:

Susan Stabile's reflection on Labor Day and human work (here).

Susan's links to Labor Day statements by the USCCB (here).

Steve Bainbridge on Corporate Decisionmaking and the Moral Rights of Employees (here).

A passage, in a post by me, from Laborem Exercens (here).

The prayer to St. Joseph, patron of workers (here).

Cornel West on what really matters in life

I know how puzzled many people are---those on the right side of the political spectrum as well as those on the left---by the deep friendship I have developed with Cornel West, growing out of our teaching partnership at Princeton. I don't know if Cornel's left-wing comrades will ever be able to make sense of (or perhaps even forgive him for) his friendship with me; but perhaps this video of Cornel talking with Tavis Smiley about some deeply human matters will help my conservative friends to understand my friendship with him. Despite our political differences, we share a commitment to engaging our students on these questions with a view to helping them to deepen themselves as persons. We both regard this as foundational and central to our vocations as teachers. Our message is that what ultimately matters is not success in the eyes of the world---wealth, status, prestige, power, and the like.  It is, rather, the purity of one's soul; it is one's integrity as a human being who, as a creature fashioned in the very image and likeness of God, is capable (with God's help) of mastering one's desires and appetites and living a life of authentic service to God and neighbor.

http://www.youtube.com/watch?v=48TrFDlbxp4

Monday, September 2, 2013

Mahatma Gandhi on Sex and Marriage

Every now and then, folks on the left who regard Mahatma Gandhi as a hero and a kind of saint, stumble on to his writings about sexual morality and marriage. They are stunned to discover that their hero was a ferocious critic of the relaxation of traditional norms of sexual ethics, even going as far as to condemn the use and promotion of contraception. He vehemently opposed the efforts of early leaders of the birth control movement, such as Margaret Sanger. A recent example is from Salon earlier this year:

http://www.salon.com/2013/02/18/mahatma_gandhi_birth_control_is_criminal/

Francis hails late Cardinal Carlo Martini

This, here, is an important statement by our brother Francis.