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, April 23, 2015

Weigel on "Wolf Hall" . . .

. . . and its "up-market anti-Catholicism."  

. . . Britain’s literary high culture is still in thrall to the Whig view of British history, and seems oblivious to the deep transformation that’s taken place in English Reformation studies since Eamon Duffy’s extraordinary book, “The Stripping of the Altars,” was first published in 1992. There, Duffy demonstrated beyond cavil what Simon Schama alluded to in his Financial Times article on the BBC version of “Wolf Hall:” that Henry VIII was a proto-totalitarian who, with his Protestant heirs, imposed his version of Christianity on England against the will of the great majority of plain folk, who stubbornly clung to the old faith until the overwhelming power of the state extinguished most of English Catholic life, and “anti-popery” got set in cultural concrete as modern nation-building went forward in Britain—often funded by expropriated Catholic properties.

Protestant anti-Catholicism in the U.K. has long since been superseded by secular anti-Catholicism, but the cultural afterburn remains virtually identical: to the Hillary Mantels of 21st-century Britain, Catholicism is retrograde, priggish, obsessive, fanatical, and, well, un-English[.]

Wednesday, April 22, 2015

CLT: A discussion at Villanova

One last reminder that those interested in the "Catholic legal theory" project will have the opportunity to hear several MOJ contributors tackle the project's aspirations, hopes, and challenges this Friday, April 24, at Villanova Law School.  The program for the event is here:  Scarpa Conference.  The event is open to the public, and CLE credit (including one in Ethics) will be available to attorneys who register and attend.  

A good and rewarding time is sure to be had by all, as I expect that the unity in diversity that animates the project will be enveloping.  

Tuesday, April 21, 2015

Movsesian on "Wolf Hall"

Mark Movsesian has a good post about "Wolf Hall" and what it says about the state and future of religious freedom.   He ends with this:

In its biased portrayal of More, British history’s great example of religious resistance to state orthodoxy, Wolf Hall is sending its audience a message: Don’t think this man was at all admirable. He was a dangerous head case. And, by extension, be careful of his analogues today, who continue to oppose religious fanaticism to tolerance, reason, and progress. Cromwell, and pragmatic people like him who protect us from the forces of reaction, are the real heroes.

 

It’s a powerful message, and one with increasing influence. Perhaps this explains why PBS is advertising Wolf Hall as “a historical drama for a modern audience.” The fact that this hatchet job on Thomas More appears in an impeccably well-done BBC production—surely the gold standard in upper-middle class entertainment—shows how fast our culture is changing, and how much work defenders of religious liberty have before them.

A good companion-read might be Paul Horwitz's The Hobby Lobby Moment.  

American religious liberty is in state of flux and uncertainty. The controversy surrounding Burwell v. Hobby Lobby Stores, Inc. is both a cause and a symptom of this condition. It suggests the unsettled nature of one of the central elements of the church-state settlement: the accommodation of religion. Beyond that, Hobby Lobby -- both the Supreme Court decision itself, and the public controversy that has surrounded the contraception mandate litigation -- raises a host of other issues: the interpretation of the Religious Freedom Restoration Act, the status of reproductive rights, the disputed relationship between religious liberty and LGBT rights, and the changing nature of the commercial marketplace. More broadly, the Hobby Lobby controversy says much about the relationship between law and social change. 

This article explores these issues. Although it analyzes the opinions in the case, its primary focus is on Hobby Lobby as a "moment": as a stage in the life-cycle of both church-state law and the social and legal meaning of equality. An analysis of the "Hobby Lobby moment" suggests that the legal and social factors that turned a "simple" statutory case into the blockbuster of the Term lay largely outside the four corners of the opinion itself. The Hobby Lobby decision speaks to these larger controversies but does not resolve them. 

After examining the legal dispute and the decision in Hobby Lobby, this article discusses the legal and social sources of the controversy that surrounded it. Legally, it finds a rapid dissolution of consensus around a key aspect of church-state law: the accommodation of religion, which has become a foregrounded subject of legal and social contestation. This contestation has been driven or accompanied by significant social change of various kinds. The article focuses on two areas of social change that figure prominently in the Hobby Lobby moment. First, although the Hobby Lobby decision itself involved an important social issue -- women's reproductive rights -- I argue that the larger controversy surrounding the case had much to do with the rise of LGBT rights and same-sex marriage and their relationship to religious accommodation. Second, I argue that the controversy involved changing views concerning the nature of the commercial marketplace itself. The paper concludes with some observations about what the "Hobby Lobby moment" teaches us about the relationship between law and social change.

The quality of mercy…

 

As a student in the public school system—I was known by my confreres who were able to attend Catholic schools as a publican—high school English classes brought the need to read and memorize passages from Shakespeare’s plays, be they history, tragedy, or comedy. One passage that I had to memorize and recite was from “The Merchant of Venice”: Portia’s “the quality of mercy” address, Act IV, Scene 1. In the play, Shylock seeks the legal remedy to which he is entitled: a pound of Antonio’s flesh, but neither a drop of his blood nor an ounce more of his flesh than a pound. If Shylock sheds even the slightest amount of Antonio’s blood or takes even the slightest excess of his flesh, all that he owns will be forfeited under the laws of Venice.

Portia reminds all that the law is the law and is to be followed, but even the highest temporal authority must remember the authority of God, which includes His mercy, which tempers the law. God’s mercy is free; as Portia says, “it droppeth as the gentle rain from heaven.” As mercy is an attribute of God, Himself, the temporal authorities would do well to reflect God’s mercy in the justice they administer—for “mercy seasons justice.” Portia reminds Shylock that, if justice be his plea, “in the course of justice none of us should see salvation: we do pray for mercy, and that same prayer doth teach us all to render the deeds of mercy. I have spoken thus much to mitigate the justice of thy plea…”

In some ways, the recent film “The Judge” displays some of Shakespeare’s lessons about justice and mercy. When Judge Palmer awards mercy to a young trouble-maker, this decision returns to haunt him when he, the judge, is accused of killing the young trouble-maker by running him over with his Cadillac. Lessons of justice and mercy continue throughout the film, but I shall be no plot-spoiler.

The themes of justice and mercy also punctuate Pope Francis’s recent Bull, Misericordiae Vultus, issued on Divine Mercy Sunday—the Second Sunday of Easter. Indeed, the pope has addressed in abundant fashion God’s mercy, but—and this is a point less reported in many media outlets—he has also abundantly addressed sin and the imperative that the sinner must acknowledge one’s sins to receive God’s abundant mercy. As the Holy Father states, “All one needs to do is to accept the invitation to conversion and submit one’s self to justice during this special time of mercy offered by the Church.” If one were to think and say that Francis is divorcing God’s mercy from the need of the sinner to be penitent and confess one’s sins, this view of the papal bull would be erroneous. As the Pope reminds us, our Lord and Savior Jesus Christ came not to call the righteous but sinners. Matthew 9:13. “Jesus is bent on revealing the great gift of mercy that searches out sinners and offers them pardon and salvation.”

But, to receive God’s mercy, pardon, and salvation, one must first acknowledge one’s commissions and omissions that constitute sin. As Pope Francis also asserts, “anyone who makes a mistake must pay the price. However, this is just the beginning of conversion, not its end, because one begins to feel the tenderness and mercy of God. God does not deny justice. He rather envelopes it and surpasses it with an even greater event in which we experience love as the foundation of true justice.” Before the Prodigal Son received his father’s mercy and forgiveness, the son confessed: “Father, I have sinned against heaven and before you; I am no longer worthy to be called your son.” Luke 15:21. Without this acknowledgement on the part of the sinner that one has sinned, how can the quality of mercy drop upon him or her as the gentle rain from heaven?

 

RJA sj

Saturday, April 18, 2015

The wisdom of Cardinal George

The sad news of Card. George's death led me to read again some of his always wise words.  For example:

[I]n the Church today, there are voices on the left that resent the Church's teaching about many issues, particularly sexual morality, and therefore resent the bishops who uphold it.  There are voices on the right that say that they embrace the teaching but resent bishops who do not govern the the Church exactly as they say bishops should.  But the nature of episcopacy is to be free to act in Christ's name as pastors of the Church.  Bishops cannot be co-opted by state authority or political power, nor by pressure groups within the Church, lest the bishops fail in their office.

Francis Card. George, OMI, The Difference God Makes 205 (2009).

Cardinal George

 

I thank Rick for his kind invitation to offer personal thoughts about Francis Cardinal George, OMI. In my almost five years in Chicago, I would see the cardinal from time to time on business matters—mostly regarding the Church in public life, Catholic education, and religious freedom subjects—at his residence or at his office, which was across the street from mine. These meetings were filled with his intelligence. Like Thomas More, the cardinal knew that God created the human person to engage God in the tangle of His mind.

But there was another aspect of the cardinal’s life that few people would have seen. He and I both received our cancer treatment and evaluation at the Loyola University Medical Center. On several occasions, our encounters were simple passings-by in the halls of the Bernardin Cancer Center of the Loyola medical center. On those junctures, there would be from him the friendly “how’s it going?” However, on one Thanksgiving week, we met in the same radiology imaging lab. I was waiting for an MRI when the cardinal entered. He was going to have a CAT scan. We spoke not about business matters addressing public life or religious freedom but about being Christians and priests. The ultimate issue of what is it all about came up.

His Eminence offered a simple and yet brilliant response. His answer to the question focused on salvation. As priests, our responsibility was and remains to help others on their paths to the salvation offered by Christ. But, as mere pilgrims, he mentioned that we, too, were on that same general path and not to forget it. I am confident he found his path without much difficulty and is now in the warm embrace of God. The cardinal mentioned that our suffering, especially from the same general disease we shared, was a gift to help us understand better what our human existence is about and the goal that is our destiny. He found the road that took him home to God. Aware of my own sinfulness, I still struggle to do the same.

 

RJA sj

 

Friday, April 17, 2015

Cardinal George, R.I.P.

I just learned from Commonweal that Francis Cardinal George has died.  Here is the Chicago Tribune obituary.  God bless him.

When I was a visiting law professor, at the University of Chicago's law school, in 2007, I taught a class on "Catholic Social Thought and the Law."  It was a wonderful experience.  And, a highlight was our first meeting, over lasagna in the student lounge, at which Cardinal George was the guest speaker and participant.  That he took the time to come and inspire a group of law students meant a lot to the students, and to me.

I know that some other MOJ-ers knew Cardinal George well, and I hope others will share some more worthy thoughts about him, his work, his thought, and his gifts.  

Tocqueville on "countercultural" churches

Peter Lawler has this essay, at the Imaginative Conservative, called "Tocqueville on Keeping Our Countercultural Churches."  Very interesting.  Here's a bit:

The danger in democracy is that Christian churches lose their capacity to be genuinely countercultural—or teach the truth that will be neglected “on the street” in middle-class democracy. And so the separation of church and state is to keep the church from being corrupted by excessive concern with endlessly egalitarian justice and the logic of the market. The separation is for the integrity of the church by limiting the claims for truth and morality of the democratic “social state,” which includes the democratic state.

But it’s both futile and even un-Christian to think that there could be, in the modern world, a state that favors or properly appreciates the church. Orestes Brownson, the greatest American Catholic thinker ever, said all the church should need and want from America is freedom to pursue its evangelical mission. That means, of course, that Americans should understand political freedom to be freedom for the church, for an organized body of thought and action. And we can see that the church flourished in America in the relative absence of politicized intrusion or corruption for a very long time.

The danger now, as always, is that the individualistic yet highly judgmental democracy—our creeping and creepy mixture of progressivism and libertarianism—will seek to impose its standards on our countercultural churches. 

Wednesday, April 15, 2015

Mad Men, Religion, and Law: What If Religion Were Like Advertising? – Just Ask Planned Parenthood!

Mad Men Logo

April 5th, Easter Sunday, marked the return of the AMC series Mad Men for the second-half of its seventh and final season.  I confess to being a fan of the show, a television drama that tells the story of a Madison Avenue advertising agency across the span of the 1960s.  The writing and acting are strong, and the fashion and art direction faithfully reproduce the look and feel of the era.  Moreover, the epoch making events of the 1960s (the Kennedy and King assassinations, the Apollo 11 moon landing) and the political and cultural struggles that defined the decade (civil rights, Vietnam, women’s liberation, the sexual revolution, recreational drugs, and the counter-cultural lifestyles of both urban beatniks and commune-bound hippies) serve as a backdrop and source of thematic content for the lives of the characters who inhabit the world of the Sterling Cooper ad agency.

As a young child in the 1960s I recall some of this background – Bobby Kennedy’s assassination, the moon landing, my parents attending an anti-war rally – such that the show evokes, not a sense of nostalgia, but a searching recollection of earlier days that linger on the edge of memory.  No doubt the show has inspired a similar response in other viewers (together with genuine nostalgia for an older generation), a quality which, I suspect, accounts for some of its popularity.

Mad Men has become something of a social phenomenon, partly for reasons that are emblematic of the superficiality of our culture: the physical beauty and attractiveness of the cast members, a certain fascination with style, and the dynamic whereby that which was once irredeemably “retro” again becomes genuinely “hip.”  But the show is in fact deserving of serious attention in that it provides a kind of portrait that accounts for the world in which we live today.  The characters that inhabit the world of Mad Men reflect the disordered desire of the age – the pursuit of happiness conceived in terms of the acquisition and consumption – of things, people, and experiences – a pursuit that is ultimately vapid and lifeless, and so invariably leads to frustration and despair.  This mistaken understanding of happiness (and the use of human freedom to attain happiness) can have a corrupting influence not only on the culture generally, but on religion specifically – a point that I hope to bring into relief by highlighting two recent letters issued as part of Planned Parenthood’s religious “ministry” to its abortion patients.  In closing I draw some contrasts between advertising, religion (properly understood) and law.

The central character in Mad Man, Donald Draper, is the creative director at the Sterling Cooper ad agency – a man whose advertising imagination seems fueled by talent, cigarettes, cocktails and sex.  When we are first introduced to Don he is married with a wife and two children in Ossining, and a mistress in the Village.  Don’s theme, and one might say the theme of the 1960s as the decade progressed, is set in an early episode.  Rachel Menken, a client (with whom Draper later has an affair) is somewhat taken aback by Don’s brazen cynicism about life and love.  “For a lot of people love isn’t just a slogan,” she insists.  In response Draper doubles down (see the video here):

By “love” you mean a big lightening bolt to the heart, when you can’t eat, and you can’t work, and you just run off, and you get married, and you make babies.  The reason why you haven’t felt it is because it doesn’t exist.  What you call “love” was invented by guys like me to sell nylons.

You’re born alone and you die alone, and this world just drops a bunch of rules on top of you to make you forget those facts, but I never forget.  I’m living like there’s no tomorrow because there isn’t one.

Despite the suave appeal with which this epicurean nihilism is delivered, several characters come to see this as a dead end.  Joan Harris, the office manager and onetime mistress of one of the name partners, rejects the proposal of Bob Benson, a young executive and closeted gay man who needs a spouse to complete his cover.  Although he offers comfort and financial security for Joan and her child, she is adamant that she wants love and not simply “some arrangement.”

Similarly, Peggy Olson, Don’s former secretary and creative protégé, has risen to the top of the profession.  Despite the success of her career, and notwithstanding the meanderings of youth and the sexual experimentation of the era, Peggy longs for a relationship of real love and serious commitment – one that manifests itself in marriage and children.  “What did I do wrong?” she tearfully asks Don during one late night brainstorming session (see the video here).  “You’re doing great” he assures her, which, judged by his own standards of domestic success, is not untrue.

In the recently aired season opener, Peggy refuses to sleep with a guy on the first date.  When her companion remarks that she is “so old fashioned” she tells him that she’s “tried new fashioned” but intimates that it just doesn’t work. 

Despite these dissenting views, Don’s morbid, albeit stylish, philosophy dominates the lives of various characters on the show who do indeed live as if there were no tomorrow.   Roger Sterling, the endlessly charming and philandering name partner of the agency, divorces his wife of over twenty years for his then secretary, whom he also later divorces, experimenting with LSD and orgies with twenty-somethings.  Younger functionaries within the agency fair no better.  Trudy Campbell, the wife of Pete, an ambitious young account executive, experiences a similar emptiness notwithstanding their growing material success.  “Is this all there is?” she asks, despairing that she already knows the answer.  Even after the couple have a child and leave Manhattan for a house in Westchester, Pete, seduced by what the culture tells him (a culture that he helps to create through his work at the agency), pitifully concludes “I have nothing.”

Pete thinks he has nothing because he has been taught to want everything.  Advertising is a dynamo that fuels a ceaseless pattern of consumption, an insatiable drive to acquire more and more.  Draper stokes the embers of an undying lack of satisfaction in making a pitch to a potential client, encouraging them to switch agencies (see the video here):

You’re happy with 50 percent?!  You’re on top and you don’t have enough.  You’re happy because you’re successful, for now.  But what is happiness?  It’s a moment before you need more happiness.  I won’t settle for 50 percent of anything.  I want 100 percent.  You’re happy with your agency?!  You’re not happy with anything!  You don’t want most of it!  You want all of it!  And I won’t stop until you get all of it!

Perhaps not surprisingly, the most poignant ad campaigns debuted by the copywriters on the show focus not on satisfaction of the insatiable.  They focus on the themes of family, commitment, stability, and fidelity – not the new values of the Space Age, the pill, and rock and roll, but the “old fashioned” values that helped to build the country and that sustained it over time.  The irony of the show reflects a post-post-modern sensibility.  We know that society cannot do without the family (which is betrayed at so many turns) but we mock it anyway, claiming that its demands are unrealistic and inevitably end in hypocrisy (though perhaps cognizant that our mocking helps to make this domestic failure a self-fulfilling prophesy).

At the end of the first season (see the video here), Don delivers a powerful campaign for the new Kodak slide-projector naming it "The Carousel.”  He movingly describes how it “lets us travel the way a child travels – round and round and back home again, to a place where we know we are loved.”  In the closing scene of the episode Don “turns round” and “comes back” to his wife and children at the family home, only to find them no longer there.

In the hands of an artful copywriter, two sisters dividing a Popsicle is not the equal allocation of a consumer item (see the video here), but the ritual of sharing at the heart of every family: “Take it, break it, share it, love it.”

When the agency is in danger of losing the Heinz Beans account, Don and Meagan (his former secretary and second wife) turn to the family once again (see the video here).  “We’re all so busy, and we rush around, and it will probably always be like that,” Megan explains, “but a mother and child and dinner.  That’ll never change” – a story that gives rise to the slogan “Heinz Beans . . .  Some Things Never Change.”

Similarly, in the mid-season finale of the seventh and concluding season, Peggy delivers the winning campaign for Burger Chef (see the video here).  The real world American dinner table is, she says, a place of conflict between the generations, “with the TV always on and Vietnam playing in the background . . . and you’re starving, and not just for dinner.”  But Burger Chef is clean and safe, where families can truly come together.  “There may be chaos at home,” she says, “but there’s always ‘Family Supper at Burger Chef.’”

The dissonance between the ads that Don crafts for his clients and the reality of his own family life and background eventually catch up to him, building to a kind of self-hatred.  In pitching a campaign to sell Hersey’s chocolate bars (see the video here), Don fondly recalls how his father would tussle his hair and reward him for cutting the lawn with a treat from the local candy store, and how the Hersey’s bar that he chose is now always identified with his father’s love.  The story is a complete fabrication – a yarn of faux sincerity meant to rope the client and its customers in.  The viewer of earlier episodes knows the story is false, but now the lie becomes public as Don is moved to expose his true identity.

Don’s whole life has been a lie.  Don Draper is in fact Dick Whitman, an awkward, impoverished farm boy from West Virginia whose father was a drunk and whose mother was a prostitute who died in childbirth.  His widowed step-mother sought help from her sister who raised him in a whorehouse in Pennsylvania.  Wounded in Korea, he assumed the identity of another soldier, killed in battle, stealing his dog tags.  He builds a new life as Don Draper, but this American success story is only faintly Gatsby-esque.  He does not seek to “romp like the mind of God,” only to use his agile mind to impress the client and land the next account.  Nor is he driven by the great love of a Daisy Buchanan or any one woman, only the momentary pleasure of many women.  He is a serial adulterer – bedding the freelance artist who works for the agency, bedding his daughter’s elementary school teacher, bedding the female client and the male client’s wife, bedding the firm’s consumer research consultant, bedding his secretary (two of them), bedding the upstairs neighbor.  Like the world of advertising, Don’s life is forever in flux, but the one constant is that his libido always makes copy.

Peggy, Don’s apprentice, learns to tell the big lie as well – the lie that bestows a new identity and makes possible a new life.  Among all her co-workers, Don alone discovers that Peggy has had a child out-of-wedlock, and visits her in the maternity ward of the sanatorium.  Don tells her to “do whatever they say to get released” so that she can move on with her life.  “This never happened,” he assures her.  “It will shock you how much this never happened.”

Lives built on lies are truly mad indeed.  Although I may be proven wrong with the concluding episodes, I tend to think that the ultimate theme of the series is an elaborate play on the words of the show’s title.  “Mad Men” doesn’t simply refer to the Madison Avenue address of New York advertising executives. Rather, those whose job it is to generate support for this product or that, to engage in the art of manufacturing desire for the acquisition and consumption of things, are truly mad.  The substance of their lives is triviality.  Their job is to spin lie after lie – even when artfully mixed with some measure of beauty and truth.  Those whose job it is to seduce others are themselves seduced – not by the individual messages that they spin, but by the message implicit in all of them: You will be happy only in having more – more money, more things, more power, more sex, and one more drink. Their lives are hollow – a tragic nothingness masquerading as something, as deep as the ink on the page, as sincere as the glossy smile of a magazine cover, as permanent as the thirty-second spot aired in prime-time. 

The opening credits do more than simply hint in this direction (see the video here): The dark silhouette of the main character arriving with his briefcase at the office, transposed with various ad campaigns, as the world collapses and he descends, falling into oblivion – the suicide plunge from a Manhattan office tower of an advertising executive gone mad.  The images of his work and the chaos of his life drift past, but instead of colliding with the pavement below the silhouetted figure then appears on the office sofa, cigarette in hand, unfazed, cool beyond words.  Truly mad indeed.

What does all this – what does the world of advertising – have to do with religion and with law?

John Paul II eloquently diagnosed the malady at the heart of a consumerist culture.  It involves “a direct appeal . . . to [people’s] instincts – while ignoring in various ways the reality of the person as intelligent and free – then consumer attitudes and lifestyles can be created which are objectively improper and often damaging to [their] physical and spiritual health.” (Centesimus Annus ¶ 36).  Sadly, the outstanding feature of the developed countries in the West is “an excessive promotion of purely utilitarian values, with an appeal to the appetites and inclinations toward immediate gratification” (¶ 29).  The danger in a society of this sort is that it lacks “a correct scale of values” (¶41) such that its members come to believe that a style of life “is presumed to be better when it is directed toward ‘having’ rather than ‘being’ and which wants to have more, not in order to be more but in order to spend life in enjoyment as an end in itself.” (¶ 36). 

The proper response to this phenomenon is not so much legal as it is cultural.  Indeed, in a society that values a robust right to freedom of expression, the legal response to advertising must be somewhat circumspect.  Although occasions for regulation (i.e. “false advertising” as in the case of fraud and other forms of misrepresentation) do exist, these must be narrowly defined. 

The cultural problem is at its zenith when the appeal to “appetites and inclinations toward immediate gratification” becomes commonplace, indeed, when it becomes commonsense.  Here, Don Draper’s explanation of advertising in the pilot episode is most telling (see the video here):

Advertising is based on one thing: happiness.  And do you know what happiness is?  Happiness is the smell of a new car.  It’s freedom from fear.  It’s a billboard on the side of the road that screams with reassurance that whatever you’re doing, it’s O.K.  You are O.K.

The strategy of affirming the individual in his or her life choices (whether it involves a new car, a brand of deodorant, or a younger spouse) applies even where the product or service promoted is lethal, like Lucky Strike cigarettes (a signature account for Sterling Cooper), or, although not part of the Sterling Cooper portfolio, so far as we know, abortions courtesy of Planned Parenthood. 

Draper’s description of the essence of advertising as personal affirmation – “You are OK” – is eerily similar to the idea of religion present in two recent letters (see the links below) that Planned Parenthood has offered as part of its “ministry” to women who are contemplating abortion and women who are post-abortive.

The first letter, from Planned Parenthood’s “Clergy Advisory Board,” states that the purpose of the letter is “to support you in your decision.”  It assures women that “there are clergy and people of faith from all denominations who support women making this complex decision.”  In other words, you can be confident that “You are OK” in choosing to abort your child because other people think you are OK.   The letter tells women: “Allow yourself to be at peace with your decision.  God loves you and is with you no matter what you decide.  You can find strength, understanding, and comfort in that love.”  And if a twinge of doubt creeps in, no worries.  You will be affirmed.  “If you’d like to speak with a clergy person, your local Planned Parenthood health center can refer you to someone who will [sic] be supportive of you and your decision.”

The second letter, from Planned Parenthood’s “Religious Affairs Committee,” likewise states that its purpose is to support the woman “in whatever course you choose.”  Given the fact that Planned Parenthood clinics actually have abortion quotas to meet their operating budgets (a fact established based on internal Planned Parenthood documents and the testimony of former clinic workers, see here, here and here) they are (like any good business) likely to be more supportive of some courses of action rather than others.  Indeed, the letter is in no way concerned with women who choose to give birth.  Rather, the entire purpose of the letter is to affirm the woman who has had an abortion or who is contemplating one, but who may have misgivings because of her religious faith.

To that end, the second letter treads deeper into theological waters than the first – at least as deep as a theology of self-affirmation will go.  It boldly declares that “the decision to have an abortion will not threaten your relationship with God.”  “God is not angry with you and will not punish you for any choice you have or might make.”  Instead, the letter postulates: “If you have thoughtfully decided to have an abortion then you should be at peace with your decision.”  The person must be affirmed even when her own conscience may indicate otherwise.  Thus, the letter says that experiencing sorrow, doubt, depression over an abortion “does not mean that your decision was a bad one” only that you are a “sensitive person.”

Of course God (at least the God of Judaism and orthodox Christianity) does love and affirm every person, even women who have abortions.  But this love and affirmation does not extend to every action undertaken by the person. This is because some actions are sinful – they impair the good of individuals, they cause others to suffer injustice, and they constitute a rejection of God’s love.  John Paul II famously made this very point in speaking directly to women who are post-abortive.  He bluntly states that “what happened was and remains terribly wrong,” but the tragic choice of abortion does not preclude God’s love.  By confronting what happened and “fac[ing] it honestly” God stands ready “to give you his forgiveness and his peace in the Sacrament of Reconciliation” (Evangelium Vitae  ¶ 99).  The person who engages in sin is not OK, but the offer of God’s loving mercy carries with it real hope and the promise of transformation.

By contrast, a God who offers only self-affirmation, a God who doesn’t teach the sinner, a God who doesn’t challenge the individual, a God for whom truth is irrelevant –for whom there is no moral truth, no good and evil, only the sanctity of “choice” – is a God made in our own image – a God fashioned by advertising executives, a God for Mad Men.  “Whatever you’re doing, it’s OK.  You are OK.” 

Father Alexander Schmemann, the famous Russian émigré, Orthodox priest, and longtime professor at St. Vladimir’s Seminary, perfectly captured this “Gospel of Self Affirmation” to which both Don Draper and Planned Parenthood give voice (here):

Now in our own day . . . it is always in the name of good, of freedom, of concern for mankind that people are enslaved and murdered, deceived, lied to, slandered and destroyed.  “Every evil screams out only one message: ‘I am good!’” And not only does it scream, but it demands that the people cry out tirelessly in response: "You are good, you are freedom, you are happiness."

Religion, at least the Christian religion, is not like advertising.  Advertising is about seduction.  Religion – at least the Christian religion – is, as Chesterton said, “a romance,” “a love affair.”  It is the great love story – God’s courtship of humanity.  It is the sacrifice of the Bridegroom for his bride, the Church.  And this, despite our inconstancy, our infidelity, our serial adultery – chasing one false idol after another that, once unveiled, always reveals an image of the idolater – it shows us an image of ourselves that says “Whatever you’re doing, it’s OK.  You are OK.”

Law, like religion – traditional religion, or religion that is not post-modern – does not scream “You are OK.”  Although (as per H.L.A. Hart), not every law is a command, not every legal ordinance is a “primary rule.”  Still, the law instructs and directs.  It distinguishes right from wrong to preserve justice and defend the public order.  And to those who violate its dictates the law says: “You are not O.K.  You harmed another.  You violated the public trust.  You must now render to the individual who has been injured and to the community as a whole that which is due, that which your transgressions failed to satisfy.”

While religion, at least the Christian religion, is not like advertising, it is like law: “You shall not kill.”  It is like law because Christianity (like Judaism) is fundamentally about a relationship with God.  The rules of Christian morality reflect principles meant to preserve and foster that relationship in its integrity.  “If you love me you will keep my commandments” (John 14:15).

Of course, we all desire some affirmation, and Christianity affirms the human person repeatedly, and in a profound way.  “You are a child of God!  You are God’s beloved!”  But this affirmation is an acknowledgement of the truth of our inmost being, our most basic identity and thus our only true desire.  It is not an affirmation of our ephemeral desires for the next girl or boy, the next drink, the next client, the next thing.  Indeed, desire for a person without love (i.e. real love, the gift of self for the benefit of the beloved) is not desire for a person, but a thing, an instrument, and thus only a distraction.

There is, in man, says John Paul, a “contradiction in his heart between the desire for the fullness of what is good and his ability to attain it, and above all, the need for salvation which results from this situation” (Centesimus Annus ¶ 13).  “You have made us for yourself O Lord, and our hearts are restless, until they rest in you” (St. Augustine, Confessions, bk. 1).  Only an infinite love can satisfy an infinite desire.

Catholic Legal Theory: In Person

The Ninth Annual John F. Scarpa Conference on Law, Politics, and Culture will be held at Villanova Law on Friday, April 24, 2015.  The topic of this year's conference names the project that has for more than a decade animated this blog: Catholic legal theory.  The conference program is here.  We'll see what "the God of surprises" has in store!

I am exceedingly grateful that a number of the longtime contributors to this blog will be speaking at the conference, which is open to the public.  For the benefit of those who can't attend, conference speakers may later share their contributions here on MOJ.