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, April 30, 2013

Hatch on "The Weight of Glory"

From a while back:

Notre Dame's provost, Nathan Hatch, delivered this (I thought) moving and provocative <a href="talk" _mce_href="http://www.nd.edu/~ndethics/archives/hatch.shtml">talk">http://www.nd.edu/~ndethics/archives/hatch.shtml">talk </a>after the opening Mass at the University this year.  Hatch's remarks built on observations by David Brooks and C.S. Lewis (!) to remind the students that:

<blockquote>Your identity does not derive from how successful you are. All of us, from the top of the class to the bottom, derive our tremendous worth because God, our creator, knows our name, calls us sons and daughters, and takes joy in our own unique gifts. Who you are does not rest on a fickle ability to write brilliantly, to solve the experiment correctly, or climb the organizational ladder.

My second word of advice is this: living in a pressure cooker of achievement, how do we view our neighbors. Our reactions are often twofold, to envy those who seem more gifted and to look past people who seem ordinary. In his recent book on envy, Joseph Epstein notes that envy runs high in the world of art and intellect. “How little it takes to make one academic sick with envy over the pathetically small advantages won by another: the better office, the slightly lighter teaching load, the fickle evaluation of students.”

What is the answer to resenting those who break the curve and ignoring others who seem uninteresting? In his essay, The Weight of Glory, C. S. Lewis asks us to attend to a proper theology of the human person. He challenges us with the awesome reality of the human person, bearers of the very image of God. “There are no ordinary people,” he concludes. You have never talked to a mere mortal. Nations, cultures, arts, civilization––these are mortal, and their life is to ours as the life of a gnat. But it is immortals whom we joke with, work with, marry, snub, exploit. Next to the Blessed Sacrament itself,” he continues, “your neighbor is the holiest object presented to your senses.”

In this academic community, during the coming year, may all of our work be leavened by this reality: Neither you nor your neighbor is an ordinary person. </blockquote>

I've always loved Lewis's "The Weight of Glory."  In my view, the observations that "there are no ordinary people" and that, indeed, "your neighbor is the holiest object presented to your senses" are beautiful  -- and jurisprudentially significant.

Rick

"Birth Announcement / School Choice"

From a (very happy) day in April of 2004:

This is, I admit, shameless:  I'm pleased to report the birth, on April 22, of <a href="Elizabeth" _mce_href="http://www.nd.edu/~ndlaw/faculty/facultypages/garnettr/rick_garnetts_kids.htm">Elizabeth">http://www.nd.edu/~ndlaw/faculty/facultypages/garnettr/rick_garnetts_kids.htm">Elizabeth Ann Garnett</a>.  In order to justify posting this announcement, I suppose I should point out -- given our discussions about school choice, religious freedom, and CST -- that St. Elizabeth Ann Seton serves as a patron to school-choice reforms and parochial-school boosters.  God is good.

Rick

Sisk on "Church, State, Politics, Trends, and Values" . . . at St. John Lateran

From 2009:

Reflecting on Church, State, Politics, Trends, and Values at St. John Lateran

Today was the last of our ten days in Rome with our extended Sisk and Gilchrist families, which we concluded with a visit to the Basilica of St. John Lateran. We thereby completed our pilgrimage to all four of the major basilicas in Rome (the others being St. Peter's, St. Mary Major, and St. Paul Outside the Walls). I am grateful for being able to spend this time in Rome, attending the Christmas Eve Mass in St. Peter's with thousands of the faithful from all over the world, visiting the four major basilicas, and seeing again many of the other churches and holy places in Rome that I have cherished (such as Santa Maria Trastevere and Santa Maria Sopra Minerva).

And I have been reminded at nearly every holy place that the Catholic Church has always struggled with its proper place in worldly society while also seeking to transcend time and place and point the faithful to the higher things.  Although I am very tired as we pack late in the evening for an early morning departure, and so I apologize if this post is poorly worded, I thought I would share these thoughts while they were fresh in my mind.

In each of the past twenty centuries, the Church has had the mission of being fully engaged with the particular society of a time and place by being a locus of coherent and integrated values, while always holding fast to the Deposit of Faith and passing on that tradition and revealed teaching through the Apostolic Succession. As sons and daughters of the Church, we on the Mirror of Justice also are confronted with the difficult task of upholding the continuing relevance of Catholic teaching for the peculiar problems arising in this particular time and place, while needing to remain sufficiently independent from political, cultural, and academic movements to be led by our faith rather than by our preferences or aspirations. Along with St. Paul, we seek “unity in faith and knowledge of the Son of God,” and want to avoid being “tossed one way and another, and carried hither and thither by every new gust of teaching (Eph 4:11-15).”

Of course, the Church has not always succeeded in every era in rising above temporal trends and temptations. From the Bronze Doors taken from the Roman Senate (Curia) in the Imperial Forum to symbolize the Church's political reign over Rome to the large statute of Constantine in the portico, the Basilica of St. John Lateran amply illustrates that the Church at times has been too willing to seek to exercise direct political power.  We should learn from the Church's failures as well as its successes.

We have the opportunity on this jewel of a web site to find a way toward a uniquely Catholic common-ground in which we resist accommodation to academic or political trends of every nature and ideology and seek instead to find and apply those more transcendent values that have carried the Church through twenty centuries.  Without becoming isolated from our communities and while being open to new insights into human nature and experience, we also need to remember – as one finds in the most moving and powerful of the icons and imagery and stories found in the holy places of Rome – that the Church typically is at its most effective as a counter-cultural witness for values.

 

As I sat today meditating in the Basilica of St. John Lateran, I found my eyes constantly returning to the statue of the basilica's namesake.  As rendered in the statute, St. John the Evangelist holds his quill with a waiting hand away from the book as he looks above and listens for the voice of God.  While I do not expect that any of our writing, either in academic venues or on the Mirror of Justice, will reflect the immediate revelation experienced by St. John, we too must remind ourselves to pause regularly and listen for the voice of God. We should never presume that what we say proceeds from the mouth of God, but neither should we ever write on matters of values and faith without opening our ears to that quiet and powerful voice.

Greg Sisk

Johannes_San_Giovanni_in_Laterano_2006-09-07

Statue of St. John at Basilica of St. John Lateran (photo by Marie-Lan Nguyen)

Murphy on "Christianity and Criminal Punishment"

From 2004:

Following up on my exchange (below) with Vince, I recommend enthusiastically -- to anyone interested in what Christianity means for our thinking, and our acting, regarding criminal punishment -- an essay by Professor Jeffrie Murphy, of Arizona State University:  "Christianity and Criminal Punishment."  Unfortunately, I have not been able to find a link to the paper, but it is available in the <a href="journalhttp://www.sagepub.com/journalIssue.aspx?pid=99&jiid=1025100503">journal</a>, Punishment and Society, and also as a chapter in Murphy's new <a href="bookhttp://www.amazon.com/exec/obidos/search-handle-url/index%3Dstripbooks%26field-keywords%3Djeffrie%252520murphy%252520getting%252520even%26store-name%3Dbooks/103-9038779-0883019">book</a>, "Getting Even:  Forgiveness and its Limits."  Many readers are likely familiar with another work of his, "Forgiveness and Mercy" (with Jean Hampton).

Here's a blurb from the abstract:  "Christianity organizes thinking about punishment around the value of love.  Love requires a focus on the common good and on benefit to the soul or character.  Punishments harmmful to the soul are to be avoided, and punishments beneficial to the soul are to be favored."

Sunday, April 28, 2013

"Nature loves to hide": More on the natural-law debate among Hart et al.

In the May issue of First Things, David Hart returns to his conversation / argument with Edward Feser and others about a "modern form of natural law theory that unsuccessfully attempts to translate an ancient tradition of moral reasoning into the incompatible language of secular reason."  Check it out. 

Rhode Island, marriage, and religious liberty: Some questions for Michael Perry

As MOJ readers know, a group of law professors (including Tom Berg and me) have been urging legislators proposing or considering laws that change the legal definition of "marriage" so as to include same-sex couples to take care to accommodate religious freedom in the process.  (Go here to see some of the letters.)  As we see it, this accommodation should involve more than assurances that clergy will not be required by law to officiate at same-sex couples' wedding ceremonies; it should include, for example, assurances that religious institutions and organizations that oppose the proposed change will not be penalized (e.g., through loss of access to contracting or public forums, or through loss of otherwise available tax treatment) and that such institutions and organizations would not be required to, say, rent out a generally available banquet hall to a same-sex couple celebrating their wedding.  And so on.

To be sure, in a jurisdiction that includes same-sex unions in the category of marriage, there will be limits on the extent to which religious objections to that inclusion can and should be accommodated.  But, the view expressed in these letters has been that the accommodations should be generous.  I know that Michael and some other scholars who support the proposed changes to the legal definition of marriage are also committed to religious-liberty protections.  (See, for example, Marc Stern's recent piece in USA Today.)  How far, though, can or should such protections extend?  

Friday, April 26, 2013

Fighting for abortion rights "right there . . . every step of the way."

The Star-Tribune reports:

President Barack Obama vowed Friday to join Planned Parenthood in fighting against what he said were efforts across the country to turn women's health back to the 1950s.

Obama's comments were the first by a sitting president before the abortion-rights group. He lauded its nearly 100 years of service to women, providing cancer screenings, contraceptives and other health services. . . .

He encouraged those gathered to continue fighting for abortion rights. "You've also got a president who is going to be right there with you, fighting every step of the way," Obama said.

The President, it is often pointed out, taught constitutional law.  And so one has to assume that he knows that it's a bit of a stretch to suggest that there is afoot an "orchestrated and historic effort" to return birth-control and abortion-related policies "back" to the 1950s. 

He does not need to be re-elected; would it be so hard for him to say -- how refreshing it would be for a politicians to say! -- "look, before the Roe decision, questions about whether and how abortion should be regulated were decided through politics; Roe and Casey, on the other hand, constitutionalized the issue -- remember, I taught constitutional law -- so that many regulations of abortion that would enjoy political support in some states are nonetheless off the table.  In my view, that's a good thing, because a woman has a fundamental right to abortion, and fundamental rights should be removed from politics.  But, some people disagree with me.  Some think abortion should be more closely regulated, because they think the unborn child is a human person who is entitled to the law's protection.  And, some think that the law should generally allow, and even subsidize, abortions, but not because the Supreme Court says so.  I think I'm right, and these other people are wrong."

UPDATE:  Here's a good post by Michael Sean Winters, addressing the same speech.  Among other things, he says:

  In the days after Benedict’s resignation, I got a call from a producer at a television talk show. She wanted to know if the cardinals might elect a new pope who would “take a more liberal position on issues like abortion.” I replied that the Church already has the liberal position on abortion: We stand up for the person who has no voice.

Garvey on "Endorsements and Academic Freedom"

My friend and former colleague John Garvey (CUA) has a good piece at Touchstone, called "Endorsement & Academic Freedom."  In the essay, he works through the various questions that arise when one is trying to figure out what, say, inviting a speaker or conferring an honorary degree means or communicates.  (I wrote an essay, a little while back, on a similar topic.  It's called "Whom Should a Catholic University Honor?  Speaking with Integrity", and can be downloaded here.)  And, he points out the . . . uneasy fit between the view, on the one hand, that "giving an honorary degree to someone does not at all suggest endorsement of that person's views" and, on the other, the view that universities should deny recognition to, say, religious students groups becauses recognition would suggest endorsement of such groups' exclusionary practices.  And, running throughout the piece is the important theme that Garvey has promoted and defended elsewhere, i.e., "institutional pluralism."  

Tuesday, April 23, 2013

"The Blogger as Public Intellectual": A fun conversation with Paul Horwitz

Re-posting this: 

Notre Dame's Institute for Advanced Study is hosting this week an interesting conference on "public intellectuals" and, this morning, the featured paper was from MOJ-friend Paul Horwitz, whose topic was "The Blogger as Public Intellectual."  (For one blogospheric reaction to his presentation, go here.)  Paul was, as per usual, interesting and thoughtful.

I was the "commenter" (or "commentator"?) who followed Paul and I spent most of my time talking about and reflecting on the "Mirror of Justice" project / experience.  And, here's a bit of what I said:

What “stand outs” in my mind, about the “Mirror of Justice” effort – in addition to its relatively distinctive focus on Catholicism and law – is that it is both a “group” blog and one whose contributors disagree strongly about a lot of pretty important things.  There are, of course, lots of “group blogs” (pretty much every magazine has one), but I do think the range of views (and, again, of disagreement) about non-trivial matters is unusual.  As I see it, dealing with this disagreement has been for me the main challenge, but also the main reward, of the blog.

Our hope, when we started – and when we very deliberately assembled Catholic law professors from a variety of disciplines and from across the political spectrum – was the same one that University admissions officials cite when they do their work, namely, that the diversity would enrich the conversations that took place.  It did, and it has . . . but we’ve also fought a lot (and not only at election time).  Our arguments are, almost always, fairly regarded as “fights among friends”, but they happen “in front of” strangers, which is a bit unsettling (at least for me).  They flare up and are resolved “in public” – the sharp elbows are thrown, and the sincere apologies extended, “in public.”

And so, over the years, I’ve come to think of our role less in terms of “providing for the world a coherent Catholic legal theory”, and also less in terms of contributing to (or imposing on) the world various pieces of “public intellectualism.”  Instead, and precisely because the group is a relatively diverse one that is still united – tenuously, sometimes, but still united – by a sincere desire to live in friendship with Jesus and in communion with the Church – I’ve tended to think about what we do more in terms of “modelling.”

It seems to me that what we provide, or offer (or fail to provide or offer) to readers is not so much the discrete work product of a dozen “public intellectuals” as a conversation – an illustration or example – that is, depending on the day, more or less edifying and productive.  When I’m blogging now (and this was not always true), I’m thinking not so much of “my own” readership, the way I might if I were a regular columnist for the Washington Post, as I am of my students, and my fellow bloggers’ students, who might be thinking hard about what it means to have a vocation in the law and to aspire to integrate that vocation with one’s religious faith and traditions.

Whether we on the blog are talking or arguing about the election, or immigration reform, or the philosophical anthropology underlying and animating the law of torts, I find myself these days thinking less about the importance of persuading as about the “way the conversation is going.”  Don’t get me wrong: My fellow bloggers and I have views (often strong views) and we all want, I am sure, for those who disagree with us to yield to our superior arguments.  (We’re lawyers, after all.)  Still, and without being too polly-annish or precious, I have found myself in recent years more focused on the community-building and community-maintenance dimension of my blogging than on its evangelical or propagandizing aspects.

Monday, April 22, 2013

"What Is a Person?"

On Friday, at Notre Dame Law School, I had the pleasure of participating in a really interesting interdisciplinary roundtable-conference, which was generously organized by Prof. David Opderbeck of Seton Hall (and, this semester, of Notre Dame).  One of the presentations was by (and several of the discussion-sessions were about) Christian Smith, who presented the basic argument of his fascinating book, What is a Person?  Rethinking Humanity, Social Life, and the Moral Good from the Person Up (Chicago 2010).  How cool, to write -- and to pull off! -- a book with that title.  

Not to give too much away, but . . . a person is "a conscious, reflexive, embodied, self-transcending center of subjective experience, durable identity, moral commitment, and social communication who -- as the efficient cause of his or her own responsible actions and interactions -- exercises complex capacities for agency and intersubjectivity in order to sustain his or her own incommunicable self in loving relationships with other personal selves and with the nonpersonal world."  It's critical realism, personalist theory, antinaturalistic phenomenological epistemology, and Charles Taylor about social structures, human dignity, and the good.  Wow!