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, January 18, 2008

Gerry Bradley Makes a Pro-Life Case for John McCain ...

Here.

Tuesday, January 15, 2008

New Religion-Election Blog

A new blog, "Spiritual Politics," has been launched to cover "religion and the 2008 election campaign."  Founder Mark Silk wrote a very fine book on religion and politics with the same title a number of years ago, and the bloggers listed include John Green, the Pew Forum's expert on religion and electoral behavior, and Jan Shipps, one of the nation's leading scholars on Mormonism.  Looks like it's worth checking out.

Saturday, January 12, 2008

Protestants and Traditionalism in Liturgy and Other Things

Thanks, Michael, for the interesting questions about Protestants.  I'll leave the spiritual-discipline question for now.  In response to Richard's post about the article on liturgy and life/moral issues, and Michael's question whether "Protestants (or subsets of Protestants) have similar fault lines to those described in Richard's post":

First, I'm not sure exactly what the article is claiming about the connection between traditional Catholic morality and liturgical devotion.  Is the correlation only with the particular wish to receive Communion kneeling and on the tongue?  Or is the correlation with a broader desire for mystery and grandeur in the liturgy -- which would implicate a bunch of features, like the often very un-mysterious "praise music," that the article doesn't mention?

Beyond that, and assuming that the article correctly describes a Catholic fault line, I think that Protestantism is more complicated and has one big dynamic cutting the opposite way that means -- in contrast to Richard's observation -- pro-life attitudes don't correlate with a deep sense of mystery and "sacredness" in liturgy.

Continue reading

Friday, January 11, 2008

Spiritual Exercises and Social Activism

Responding to the problem of burnout among religiously motivated social activists, Tony Campolo, a leading evangelical activist himself, has co-written a new book on spiritual exercises:

Far too often, activists do little to nurture their souls. Consequently, they "burn out." Ignoring the need for spiritual revitalization to sustain their zeal on behalf of the poor and oppressed, they wear out and fade into oblivion. Often those who were one-time dynamic spokespersons for social justice while living out countercultural values become exhausted from working hard with very little sense of accomplishment. Becoming cynical, they sometimes say disparaging things about those who still remain in the fray. . . .

In this book I, along with my co-author, endeavor to present ways to renew the energies of social activists by tapping into spiritual practices of Catholic mystics that we Protestants often ignore. In particular, we focus much of our attention on the Spiritual Exercises of St. Ignatius. . . .

Tom

Thursday, January 10, 2008

Pirates of the Cineplex

Apropos the new Pirates rage ... check out this interesting interview about the movie, and about Christian messages in popular film generally, with PIrates/Veggie Tales creator Phil Vischer, brother of our own Robert K.

Response to Rick on Non-Murder Crimes and the Death Penalty

In response to Rick's comment about the constitutionality of the death penalty for child rape:  I don't follow this area closely, and perhaps the Court will just apply Coker.  However, apparently four states since 1997 have added the death penalty for child rape, and I had heard talk that this might be that case where the "society's developing views" approach might turn around and uphold a death-penalty statute.  It's all up to Anthony Kennedy's gut feeling, and who knows what that is.

Rick also asks why "taking a life by execution cannot be appropriate redress for a crime that does not involve the taking of a life" (my proposition).  I'm no expert on this either, but ... I would think that the only retributive argument for the death penalty that can succeed in maintaining the value of human life is the argument that unjust taking of a life is so serious to society that only the response of taking the aggressor's life can communicate that seriousness.  (The "disorder introduced," to employ the terminology of the Catechism 2266-2267, is so serious that only the death penalty can "redres[s]" it.)  I don't buy that argument in our context; I agree (see here) with those who say that because of poor legal representation, racial disparities, vengeful chants outside prisons during executions, etc., the use of death penalty tends to communicate more that some human lives can just be thrown away.  But whatever one thinks about those points, the different argument that "we should take the defendant's life because s/he has done a really, really horrible thing" seems to me far, far less likely over time to preserve the sense of the value of human life, and far more likely to erode it.  "A really horrible thing" is a pretty fuzzy standard that could encompass different acts for different people, even if the rape of a stepchild is a clear case.  I would think that Catholics -- and even those who want retribution to be more determinative than it is in the Catechism -- should want a bright line, as Rick posited the Court might want on the constitutional issue, to constrain society's resort to the taking of life.

Tom

Wednesday, January 9, 2008

No Takers on the Non-Homicide Death Penalty Question

I've had no response, from blogger or reader, to my earlier post asking if anyone tries, under Catholic thought, to justify the death penalty for a non-homicide crime (including the horrific crime of child rape, the issue now before the Supreme Court in a case involving a man's rape of his stepdaughter).  It may be simply that no one was moved to respond, but I'll posit that it's because there is no cognizable justification for execution in such a case: that is, that even if one rejects John Paul II's "imprisonment is enough to protect society" argument and finds the death penalty could be appropriate in some cases as a matter of redressing the disorder caused the offense, taking a life by execution cannot be appropriate redress for a crime that does not involve the taking of a life.  But there must be some Catholic legislators voting for these laws in the four states that have enacted them since 1997, and some Catholic prosecutors involved in the two Louisiana cases (including the one before the SCT) in which death sentences were imposed.

Tom

Friday, January 4, 2008

Sarkozy on Church and State

Check out this description of Nicholas Sarkozy's recent talk in Vatican City about the importance of  Christianity contributing to public life in France and Europe and how such contributions are consistent with the "secular state" understood in the proper sense.  (Links included to the original speech and an English translation.)

Tom

Certiorari Grant on Death Penalty and Child Rape

The Supreme Court granted certiorari today in Kennedy v. Louisiana, No. 07-343.  The question presented:

Does the Eighth Amendment's cruel and unusual punishment clause permit a state to punish the crime of rape of a child under 12, who survived the rape, with the death penalty, and does Louisiana's capital rape statute violate the Eighth Amendment in insufficiently narrowing the class of offenders eligible for the death penalty?

Set aside the constitutional issues, and consider only Catholic moral/social thought.  The question is to Catholics who reject JPII's reasoning in Evangelium Vitae and think that the death penalty may be morally appropriate in some cases as matter of redress/retribution.  Does anyone argue that Catholic thought can justify the death penalty in a case where the offender, although committing a heinous act, has not taken a life?

Tom

Thursday, December 27, 2007

Not Heart(ing) Huckabee

For the reasons Rick mentioned a few days ago, I have a bit of a soft spot for Mike Huckabee: he appears to combine a willingness to regulate abortion out of compassion for unborn life with some compassionate attitudes on other issues from immigration to criminal punishment.  But I'm not seriously tempted to vote for him either, in significant part for a reason similar to Peggy Noonan's criticism: Huckabee's version of "compassionate conservatism" seems totally episodic and haphazard, far short of a governing philosophy.  Jonathan Chait has these comments on Huckabee's book From Hope to Higher Ground:

The reason Huckabee can so easily break from conservative ideology is that he sees everything in personal terms. He chastises conservatives: "For a kid with asthma, who is sitting on the steps of a hospital--let them have an economic policy that doesn't care about that kid." Even though his book is purportedly a public-policy blueprint, it is written in the style of a self-help book. Political manifestos are typically built around a series of policy positions. Huckabee's is built around personal advice. Every chapter ends with recommendations for what the reader can do to make America a better place, most of which have nothing to do with politics. ("Keep receipts for tax-deductible items"; "Attend ethnic festivals"; "Make a to-do list every day.") As grist for a Sunday sermon, this is perfectly nice. As the basis for a presidential campaign, it's appalling.

Second, with respect to Rick's concerns about who Huckabee is keeping company with: I appreciate and would second many of those concerns, but some of the people Rick references are the kind who have been mainstays of the Republican coalition.  It's true, as the Robert Novak column says, that Dr. Steven Hotze is associated with the Christian Reconstruction movement, whose views on applying Biblical laws, including the penal laws of ancient Israel, to America would indeed be, as Rick puts it, "deeply creepy and troubling to most Americans."  But Rick includes the Rev. Scarborough's Vision America in the same boat with the Reconstructionists, even though Vision America appears to me to be a pretty standard evangelical-Right activist group.  It has endorsements from Dr. James Dobson, the late Rev. D. James Kennedy, and Texas Gov. Rick Perry, as well as (it appears) the involvement of longtime conservative activist Paul Weyrich and the American Family Association's Donald Wildmon.  I know little about Vision America, but I assume that it differs from the Reconstructionists in that it is not willing to pursue to the logical extreme the idea of literally applying Biblical law and sanctions to modern America (e.g. death or other harsh penalties for adultery, sodomy, etc.).  I gather that Vision America just calls more fuzzily for a return to "Biblical" or "Judeo-Christian" or "Christian nation" values on abortion, homosexuality, marriage, etc. -- which is a standard Religious-Right position and one to which Republicans have been appealing for many years.  Similarly, the 1986 "Manifesto for the Christian Church," which Rick cited as an example of troubling views, included among its signers only a few Reconstructionists and a large group of quite mainstream evangelical leaders, including a top official of the National Association of Evangelicals and the theologian (now a member of Evangelicals and Catholics Together) J.I. Packer.  (Follow the link in Rick's post for the signers' list.)

So I'd guess there are some substantial differences between these groups.  But if the distinctions between them are hard to see -- in other words, if there's such proximity between conservative evangelical stalwarts and views that most Americans would find "deeply creepy and troubling" -- then that dramatizes the Republicans' electoral dilemma concerning the evangelical Right.  Rick (or others), I wonder if you would end up drawing the line in between these groups -- or would you still find Vision America deeply troubling even though it's different from the Reconstructionists?  And if the Republicans should so firmly disavow a group like Vision America, do you think that Neuhaus- and Murray-like arguments and coalitions can make up for the loss of conservative evangelical energy that such a disavowal would cause?

Tom