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, November 1, 2013

"Eccesiastical Exceptionalism"

Check out this piece, at First Things, by James Rogers, called "Ecclesiastical Exceptionalism."  Among other things, the paper wrestles with the problems that attend to treating churches -- or the Church -- as one of those "voluntary associations" that we Tocqueville (etc.) fans talk about a lot.  (I talk about this matter, too, in this paper:  "Are Churches (Just) Like the Boy Scouts?").  Here's a bit from Rogers' piece:

. . . [W]e can ask whether the tendency to rank the Church as just one of many “voluntary associations” has an impact on the way that Christians think about the Church. If the Church is no more than a spiritual version of the Rotary Club, then it is no more than another avenue for our self-expression and self-interest. This way of understanding the Church, to draw on sociologist Ferdinand Tönnies’ phrasing, is to turn the Church from an organ of gemeinschaft(roughly translated as “organic community”) into an expression of gesellschaf(roughly translated as ”civil society). This self-understanding implicitly limits Christians’ aspiration for the Church and for their experience of it.

A "new approach" to adoption in Texas

My friend and former colleague, Elizabeth Kirk, has an essay up at National Review Online about a proposed law in Texas that would require a woman to "receive limited adoption information before obtaining an abortion" and responding to some of the proposal's critics.  Check it out.  

Tuesday, October 29, 2013

Call for Papers: The Fifth Annual Religious Legal Theory Conference

This year, the Religious Legal Theory conference is being hosted by John Witte and the (wonderful) Center for the Study of Law and Religion at Emory.  The theme is "A Global Conversation:  Exploring Interfaith and International Models for the Interaction of Religion and State," and it's being held on Feb. 24 & 25, 2014.  More info is available here.  Here's a bit from the conference description:

Law and religion share an underlying structure built on commandments and corresponding commitments. They also share a space in the formal regulation of a person’s daily life.  Oftentimes they attempt to legislate in the same specific areas, and oftentimes they come to different final conclusions, or to similar conclusions, but for very different reasons.  It is often said that law gives religion its structure, and religion gives law its spirit;  law encourages devotion to order and organization, while religion inspires adherence to both ritual and justice.  Law and religion influence each other in many different ways, but at some level they must establish formal rules for their interactions. This conference aims to explore how law, embodied in the state, manages and frames its relationship with religion, and how religions internally manage and frame their relationships with the state.

Monday, October 28, 2013

Archbishop Gomez on moral anthropology and the Imago Dei

My first post at Mirror of Justice, back in 2004, had to do with the implications for law and the legal enterprise of a Catholic "moral anthropology":

One of our shared goals for this blog is to -- in Mark's words -- "discover[] how our Catholic perspective can inform our understanding of the law."  One line of inquiry that, in my view, is particularly promising -- and one that I know several of my colleagues have written and thought about -- involves working through the implications for legal questions of a Catholic "moral anthropology."  By "moral anthropology," I mean an account of what it is about the human person that does the work in moral arguments about what we ought or ought not to do and about how we ought or ought not to be treated; I mean, in Pope John Paul II's words, the “moral truth about the human person."

With this theme in mind . . .  Here (HT:  Distinctly Catholic) is a really good talk by Archbishop Gomez, of Los Angeles, called "The Exalted Creator:  Reflections on Human Nature and the Image of God."   Read the whole thing (please!), but here's a bit:

I am coming to see that the new evangelization must include a new presentation of Christian anthropology — a new proclamation of our beautiful Catholic vision for the human person.

God has entrusted us in the Church with the beautiful truth that the human person is sacred. That every man and woman is created in the image and likeness of God.

There is a beautiful saying from the Church Father, St. Ireneaus: "The glory of God is man fully alive; moreover man’s life is the vision of God."

This belief runs deep in Judaism as well as Christianity. There is a beautiful Midrash that says: "A procession of angels pass before a human being wherever he or she goes, proclaiming, Make way for the image of God!"

        The men and women of our times need to hear this good news. They need to know they are the         glory of God, created and destined for the vision of God. They need to know that they are God’s         image and that everyone they meet is God’s image, too.

As Christians, we need to be the ones who tell our neighbors that their lives are not trivial. That humans are not just random beings, contingent products of evolution, going through life with no "why" or reason. . . .

Thursday, October 24, 2013

"The Resurrection Days"

Here is a wonderful story, by my friend John Nagy, in Notre Dame Magazine, about the wonderful, life-changing, kid-saving work being done through Notre Dame's ACE (Alliance for Catholic Education) program in Tucson (and elsewhere).

Comments and conversation

After some discussion and reflection, we at MOJ have decided to return to what was our practice for our first several years and to invite readers to correspond with the bloggers directly instead of using the "comments" box.  As appropriate, and only with permission, we can then incorporate readers' thoughts and comments into our posts, or simply pass on readers' contributions directly by reposting them.  We look forward to hearing from you! 

NDCEC Fall Conference: "Fearfully and Wonderfully Made"

As per usual, the Notre Dame Center for Ethics & Culture's annual Fall Conference is -- thanks to my friend Carter Snead and his team -- shaping up to be an outstanding event -- one of the best things to happen at Notre Dame each year.  This year, the conference takes up issues relating to "the body and human identity."  The line-up of speakers is outstanding -- Charles Taylor, Alasdair MacIntyre, John Finnis, and many others.  And, as a special bonus . . . a debate / discussion among Joseph Bottum (the author of, among many other things, that article you know about), Ryan Anderson, Sherif Girgis, and Charles Reid).  Sign up, come visit, say "hello", and Go Irish!

Monday, October 21, 2013

"The Story of Kedroff v. St. Nicholas Cathedral" continues

I contributed a chapter on the Supreme Court's church-autonomy-related Kedroff decision in the First Amendment Stories volume.  (Get your copy here!)  That story, it appears, continues.  It is reported here  that it took more than 100 NYFD officers to put out a fire at the Cathedral, a few weeks ago.  It appears -- thank God -- that there were only minor injuries suffered by a few.  Here's hoping that the threats to churches' religious freedom are similarly vanquished!

Esolen on Prohibition

I've blogged before about the fact that one of my favorite books in recent years is Daniel Okrent's Last Call:  The Rise and Fall of Prohibition (here).  Prohibition, as a policy and constitutional experiment, was a huge failure, but not simply because (as Anthony Esolen explains, here, at Public Discourse) it failed to reduce alcohol consumption or because "you can't legislate morality."  It did, and we "legislate morality" all the time.  Prohibition's lessons are, in turns out -- in Okrent's book and in Esolen's essay -- more interesting.  Here's a bit from the latter:  

So, then, what does Prohibition teach us? 

That amendment inserted into the Constitution a law that neither protected fundamental rights nor adjusted the mechanics of governance. It was a radical break from tradition. It is crucial to understand this. It took a juridical break from tradition to obliterate the customs, the lived traditions, of the American people and their forebears. . . .

"Good government pleases God": Shutdowns, budgets, and the common good

In the October issue of First Things -- which includes the as-one-would-expect-from-Michael-McConnell outstanding 2013 Supreme Court Round-up -- David Mills quotes New York City councilman Fernando Cabrera's observation, during a recent speech, that "good government pleases God."

Mirror of Justice is not a "politics" or "current events" blog, and so I have not imposed on readers my as-a-citizen reactions to the antics in Congress during the few weeks.  But Cabrera's statement helps me to see an important connection between our subject here at MOJ and the whole shutdown-debtceiling-defund-budget business, as does Mills's follow-up statement that "complex societies have to be governed, and God and man want them governed well."

Catholics who engage closely and conscientiously with the Church's social teachings are -- despite that engagement -- (in)famous for disagreeing about the policy and political implications of those teachings.  So, and just for example, while I am pretty sure that I agree entirely with Michael Sean Winters in disapproving of the recent conduct and decisions of those members of Congress who are identified with the "Tea Party" -- I think it was both foolish and wrong to condition necessary appropriations on the defunding or delaying of "Obamacare" -- I do not think that opposition to the Affordable Care Act, as a particular piece of legislation, puts one "outside traditional Catholic teaching" or reveals bad values.  (Opposing school choice does, but that's another matter . . . .)  

But, these disagreements notwithstanding, it is important for Catholics to take seriously -- as Catholics -- the importance of the enterprise of governing, that is, of making and executing good laws, in accord with the rule of law, in the service of the common good.  (I know, I know -- invocations of "the common good" can be and often are little more than lacy trimmings on whatever policy it is that one, for whatever reason, prefers.  The idea and its achievement are more complicated vague assertions about the importance of "community" and the dangers of "individualism."  Still, correctly understood, it has to be the touchstone.)  And, even if it is true that there is more blame to go around than some commenters suggest -- I'm thinking, for example, of the Senate Democrats' apparent lack of interest in ever actually passing a budget, which contributes to the ridiculous practice of jumping from one continuing resolution to another -- there is no denying that, in recent weeks, we have seen bad government, not good government, and also that the groups and individuals associated with the "Tea Party" have made bad decisions and arguments.  (I gather that this observation means, to many in the blogosphere, that I am a squishy-RINO-surrender-monkey and not a real "Republican" or "conservative" but . . . whatever.  I'm just trying to be a Catholic.)

Lawmakers have a vocation and they are holders of a trust.  Part of that vocation, and one of the things we trust them to do, is to actually make (good) law (and, just as important, not-make bad laws).  Not only that, but because the "rule of law" is itself part of the common good -- i.e., it is one of those "conditions" that is conducive to human flourishing -- it is part of lawmakers' vocation, and something they are obligated to do, to make law in accord with the rules-laid-down.  "Governing" by brinksmanship, continuing resolutions, debt-ceiling increases, and (I would insist) over-aggressive executive orders does not count as "good government."  So, I fear that God is not pleased.