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, July 21, 2016

"I do not think any of us, women included, will be better off for its destruction."

By Kevin C. Walsh

I've been revisiting some of Justice Scalia's predictions recently. This conclusion to his dissent in United States v. Virginia makes for an interesting juxtaposition with other goings on in American public life today. 

In an odd sort of way, it is precisely VMI's attachment to such old fashioned concepts as manly "honor" that has made it, and the system it represents, the target of those who today succeed in abolishing public single sex education. The record contains a booklet that all first year VMI students (the so called "rats") were required to keep in their possession at all times. Near the end there appears the following period piece, entitled "The Code of a Gentleman":

"Without a strict observance of the fundamental Code of Honor, no man, no matter how `polished,' can be considered a gentleman. The honor of a gentleman demands the inviolability of his word, and the incorruptibility of his principles. He is the descendant of the knight, the crusader; he is the defender of the defenseless and the champion of justice . . . or he is not a Gentleman.

A Gentleman . . .

Does not discuss his family affairs in public or with acquaintances.

Does not speak more than casually about his girl friend.

Does not go to a lady's house if he is affected by alcohol. He is temperate in the use of alcohol.

Does not lose his temper; nor exhibit anger, fear, hate, embarrassment, ardor or hilarity in public.

Does not hail a lady from a club window.

A gentleman never discusses the merits or demerits of a lady.

Does not mention names exactly as he avoids the mention of what things cost.

Does not borrow money from a friend, except in dire need. Money borrowed is a debt of honor, and must be repaid as promptly as possible. Debts incurred by a deceased parent, brother, sister or grown child are assumed by honorable men as a debt of honor.

Does not display his wealth, money or possessions.

Does not put his manners on and off, whether in the club or in a ballroom. He treats people with courtesy, no matter what their social position may be.

Does not slap strangers on the back nor so much as lay a finger on a lady.

Does not `lick the boots of those above' nor `kick the face of those below him on the social ladder.'

Does not take advantage of another's helplessness or ignorance and assumes that no gentleman will take advantage of him.

A Gentleman respects the reserves of others, but demands that others respect those which are his.

A Gentleman can become what he wills to be. . ."

 

I do not know whether the men of VMI lived by this Code; perhaps not. But it is powerfully impressive that a public institution of higher education still in existence sought to have them do so. I do not think any of us, women included, will be better off for its destruction.

Wednesday, July 20, 2016

"Lord I am not worthy....." as the root of all evil behavior???

By Elizabeth Schiltz

A few days ago, Christine Horner posted an appeal to Pope Francis on Huffington Post (a site that no doubt the Holy Father has bookmarked on his computer), calling for "an end to the religious ritual of the declaration of unworthiness" during Mass.  She's talking about the Centurion's refrain of “Lord, I am not worthy to have you enter under my roof...”  She argues that "dialogue and constructs that perpetuate “I am not worthy” are the root of all evil behavior. It is divisiveness personified."

My colleague at St. Thomas, Deborah Savage from the Seminary/School of Divinity, has written a powerful response, published in Notre Dame's Church Life Journal.  She argues, among other things:

The cause of violence in our culture is not the call to admit my weakness, my uncertainties, my mistakes. The cause of violence in our culture is the refusal to accept the reality of sin and to recognize that, in that regard, we are all the same: in need of forgiveness and compassion. The cause of violence in our culture is our inability to see the humanity of another and to love them—to will their good—even if we think they might be flawed.

Deborah's essay contains a lot to chew on for these troubled times.

 

John Marshall on the contamination of mind as one of the "multiplied evils generated by faction"

By Kevin C. Walsh

Sometimes people wonder why I'm so interested in John Marshall. The short answer is that I have learned a lot about American self-government from studying him and think I still have much to learn in that way. Here's Marshall in his Life of Washington, writing on party politics in the 1790s:

In popular governments, the resentments, the suspicions, and the disgusts, produced in the legislature by warm debate, and the chagrin of defeat; by the desire of gaining, or the fear of losing power; and which are created by personal views among the leaders of parties, will infallibly extend to the body of the nation. Not only will those causes of action be urged which really operate on the minds of intelligent men, but every instrument will be seized which can effect the purpose, and the passions will be inflamed by whatever may serve to irritate them. Among the multiplied evils generated by faction, it is perhaps not the least, that it has a tendency to abolish all distinction between virtue and vice, and to prostrate those barriers which the wise and good have erected for the protection of morals, and which are defended solely by opinion. The victory of the party becomes the great object, and, too often, every thing is deemed right or wrong as it tends to promote or impede it. The attainment of the end is considered as the supreme good, and the detestable doctrine is adopted that the end will justify the means. The mind, habituated to the extenuation of acts of moral turpitude, becomes gradually contaminated, and loses much of its horror for vice, and of its respect for virtue.

Thursday, July 14, 2016

Reflections on, and reactions to, Prof. Wolterstorff's "Mighty and the Almighty"

By Rick Garnett

A few years ago, the Program on Church, State & Society at Notre Dame Law School hosted a day-long roundtable conversation on Prof. Nicholas Wolterstorff's then-pretty-new short book on political theology, The Mighty and the Almighty.  It was really engaging, and brought together a great group of historians, theologians, philosophers, and prawfs.  Each participant wrote up a short reaction/reflection paper -- a kind of "admission ticket" -- and now (finally?) they are all out in print. Here, in Vol. 4 of the Journal of Analytic Theology are papers by Marc DeGirolami, Chris Eberle, Kevin Vallier, Paul Weithman, and Terence Cuneo (and a response by Nick).  And here, in the Journal of Law and Religion,  are the contributions of Robert Audi, Jonathan Chaplin, Dana Dillon, Brad Gregory, John Inazu, Anna Bonta Moreland, Michael Moreland, Mark Noll, and Gladden Pappin.  The book, and the tickets, are -- like the man says -- "highly recommended"!  

 

Wednesday, July 13, 2016

Emerson's "Why Faith? A Journey of Discovery"

By Rick Garnett

My friend and former student, Matt Emerson (whose faith-and-education-related writing MOJ readers have probably encountered online before) has published a book, Why Faith?  A Journey of Discovery, that I am pleased to recommend . . . especially to those (of us) with teenagers!

Why Faith?: A Journey of Discovery for the Modern Pilgrim tries to help men and women, particularly young adults formed by the modern world, work through some of the big questions and topics in faith that in the author's experience are especially pressing. It tries to meet someone in the midst of his or her confusions and struggles, rather than presupposing deep theological interest or knowledge. It addresses some specific theological matters (e.g., "How do I know God's will?") but it also addresses matters that are more philosophical or preliminary, for example: Why should I have faith at all? What is the basis for entrusting ourselves to something we cannot verify with certainty? Highlights: * It focuses on questions and the doubts of modern believers * It is grounded in the context of the 21st century; all the influences and distractions of the modern world, the allure of science, the rise of the New Atheists, etc. * It is not a work of apologetics or a general introduction, but it's more of a series of reflections that will help people better understand the Catholic, Christian faith * It doesn't presuppose theological knowledge; it's written for the average layperson, not an expert or a student of theology * It's accessible, and the chapters are short enough for dwindling attention spans.

Tuesday, July 12, 2016

IA Commission Walk-Back on Churches as Public Accommodations

By Thomas Berg

Very quickly after being sued in federal court (the suit that Rick recently noted), the Iowa Civil Rights Commission revised its brochure on public-accommodations issues under anti-discrimination laws, to say that churches were not places of public accommodations (except in unusual cases). The new language:

Places of worship (e.g. churches, synagogues, mosques, etc.) are generally exempt from the Iowa law’s prohibition of discrimination, unless the place of worship engages in non-religious activities which are open to the public. For example, the law may apply to an independent day care or polling place located on the premises of the place of worship.

Since there was a lot of publicity about the earlier language and the lawsuit, it's right, it seems to me, to note the change, and how quick it was.

Jim Gaffigan on Needing Mercy

By Thomas Berg

Jim Gaffigan, the comedian, has been on talk shows recently as the second season of his great TV series has begun. NPR recently replayed and posted an interview he did last September with Teri Gross on "Fresh Air." A bit:

     [GAFFIGAN:] You know, I need the concept of mercy for me to have some semblance of self-admiration. So in real life, I'm probably somebody who is more devout. That's not to say that I'm a well-informed Catholic. You know, I'm still in idiot, you know? Like, I know that Colbert could quote Thomas Aquinas and all this, but I'm somebody who - you know, because it's a necessity for me on a personal basis. I need it because I'm a lunatic.

     GROSS: When you say you're a horrible person and a lunatic, what do you mean?

     GAFFIGAN: I mean that I'm somebody that - you know, I think stand-up comedy is this - it's this kind of indulgence and narcissism. And you're on stage and because stand-up comedy is one of the few meritocracies in the entertainment industry, there's some kind of - at least for me, there's some kind of idea of control. And my faith kind of keeps me in touch with the idea that I'm not in control of things. And when I'm in touch with the idea that there is a higher power and that there is, you know, other factors at work, it - it kind of quells my narcissism. And a lot of the teachings really kind of keep me grounded. But, you know, the reason I say I'm a horrible person is I don't want myself to be presented as somebody who's a great Catholic. You know, it's, you know - the idea of being a practicing Catholic, it's - for me, it's like - I need a lot of practice, you know what I mean?

When he said basically the same thing on Bill Maher's show (this clip, start around 2:00), Bill responded, "Why do you take on yourself more burden than life gives you anyway?" (I.e. "why go around thinking that you sin?"). It was a perfect skirmish between the theistic imagination and what Reinhold Niebuhr called "The Easy Conscience of Modern [Secular] Man." I think Bill Maher is often very funny, but watching his show, it's not clear he thinks he's ever gotten anything really wrong.

Christian Science Monitor Series on Religious Liberty

By Thomas Berg

The Christian Science Monitor began a seven-part series today on "How the push for gay rights is reshaping religious liberty in America." A central theme of the first article:

     In their campaign for equal rights in America, gay men and lesbians have argued persuasively that they are being targeted simply because of who they are – and who they love.

     Many religious conservatives are now making a similar appeal. They argue that their faith is an essential part of their being, and that attempts to belittle their faith or confine it to the four walls of a church is to consign them to second-class citizenship.

The piece quotes John Inazu and me among others. One of my quotes continues the theme of seeing parallels between the two sets of claims, gay rights and religious freedom:

“Just as it was unsympathetic to gay and lesbian couples to say, ‘Keep your relationship totally private,’ it is also highly unsympathetic to the religious believer to say, ‘You have a legal right to follow your belief in church but no right in any other realm of life, like charitable organizations or the workplace.’”

As veteran MOJ readers know, I've elaborated on the case for protecting both sides here and (joining with Doug Laycock) here.

The whole series should be worth reading. The Monitor has devoted the resources to examining these issues in detail as the New York Times has done, but the first installment suggests it will present the religious-accommodation side more fairly than the Times did.

Monday, July 11, 2016

Walker Percy's anthropology

By Rick Garnett

I've been carping for more than a decade here at MOJ about what I see as the central importance of Christian moral anthropology to the "Law and Catholic Social Thought" thing.  Here's another little gem from Walker Percy (taken from a 1986 interview):

. . . 

INTERVIEWER

Could you tell me how you feel about your inspiring beliefs, how faithful you have remained to them?

PERCY

If you mean, am I still a Catholic, the answer is yes. The main difference after thirty-five years is that my belief is less self-conscious, less ideological, less polemical. My ideal is Thomas More, an English Catholic—a peculiar breed nowadays—who wore his faith with grace, merriment, and a certain wryness. Incidentally, I reincarnated him again in my new novel and I’m sorry to say he has fallen upon hard times; he is a far cry from the saint, drinks too much, and watches reruns ofM*A*S*H on tv.

. . .

INTERVIEWER

Is it possible to define your Catholic existentialism in a few sentences?

PERCY

I suppose I would prefer to describe it as a certain view of man, an anthropology, if you like; of man as wayfarer, in a rather conscious contrast to prevailing views of man as organism, as encultured creature, as consumer, Marxist, as subject to such and such a scientific or psychological understanding—all of which he is, but not entirely. It is the “not entirely” I’m interested in—like the man Kierkegaard described who read Hegel, understood himself and the universe perfectly by noon, but then had the problem of living out the rest of the day. It, my “anthropology,” has been expressed better in an earlier, more traditional language—e.g., scriptural: man born to trouble as the sparks fly up; Gabriel Marcel’s Homo viator.

Percy: "A View of Abortion, with Something to Offend Everybody"

By Rick Garnett

From a 1981 letter to the editor of the New York Times from Walker Percy:

. . . I don't know whether the human-life bill is good legislation or not. But as a novelist I can recognize meretricious use of language, disingenuousness, and a con job when I hear it.

The current con, perpetrated by some jurists, some editorial writers, and some doctors is that since there is no agreement about the beginning of human life, it is therefore a private religious or philosophical decision and therefore the state and the courts can do nothing about it. This is a con. I will not presume to speculate who is conning whom and for what purpose. But I do submit that religion, philosophy, and private opinion have nothing to do with this issue. I further submit that it is a commonplace of modern biology, known to every high school student and no doubt to you the reader as well, that the life of every individual organism, human or not, begins when the chromosomes of the sperm fuse with the chromosomes of the ovum to form a new DNA complex that thenceforth directs the ontogenesis of the organism.

Such vexed subjects as the soul, God, and the nature of man are not at issue. What we are talking about and what nobody I know would deny is the clear continuum that exists in the life of every individual from the moment of fertilization of a single cell. . . .

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