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, December 14, 2012

Catholic Social Doctrine, association, labor . . . and Michigan

In recent weeks, for various reasons, I have dramatically cut-back my consumption of online, TV, and dead-tree news and commentary -- unless it has to do with Duke basketball or Notre Dame football.  I have to admit, it's been great.  I had been overdoing it, and it seemed (and seems) a better response to my disappointment with the election results, and my concerns about their implications, to focus on Advent and coaching fifth-grade basketball.

Among the things I don't miss about the pre-election fire-hose of news-and-opinion -- besides the endless self-affirming and snarky political Facebook posts -- is the all-too-frequent strategic and tactical deployment of (as opposed to conscientious and prayerful engagement with) Catholic Social Doctrine, and the invocation of an (in Catholic teaching) not-warranted distinction between "social justice" teaching and, say, pro-life and religious-freedom teaching.  But, of course, the fact that I'm for the most part ignoring this deployment doesn't mean it is not still happening (yes, yes, on both sides, I know).  Certainly, the debates about the "fiscal cliff", and about the merits of the union-related legislation in Michigan, are providing more occasions and opportunities for it to happen.

Now, in recent months, many Catholic bloggers, thinkers, writers, etc., have been quick (appropriately so, in many cases) to identify and criticize what they regard as mis-uses by conservatives and Republicans of Catholic Social Doctrine and Catholic teaching generally.  They have pointed out, for example, that "subsidiarity" is not reducible to "federalism", or "localism", or across-the-board smaller government (for a great piece on what it is, see this, by Patrick Brennan).  They've pointed out the importance of not confusing "intrinsic evil" with "the worst and most bad things."  And so on.

In some cases, these corrections were important.  That said, I think similar vigilance needs to be exercised with respect to invocations of Leo XIII, Catholic Social Doctrine, the dignity of labor, the freedom of association, Christian moral anthropology, etc., in course of sweeping criticisms of "anti-union" legislation (see, e.g., recent enactments in Indiana, Michigan, and Wisconsin) or overbroad endorsements of Labor's agenda and practice in present-day America.

To be clear:  Civil society matters; the human person is relational and situated; work is a participation in the creative activity of God; all human persons, because they are persons, possess a dignity; workers have a right to associate, organize, and advocate (consistent with public order and the common good) for their interests; and profit-maximization is not a moral-trump.  Labor unions helped bring about many good things; opponents of labor unions have often done bad things.  It would be wrong for a political community to prohibit or unreasonably burden the freedom of association that workers (like the rest of us) enjoy.  In other words, much of what left-leaning Catholics like Michael Sean Winters and Morning's Minion and Lew Daly have been saying about labor-related matters is true.

But . . . just as "subsidiarity" is more than a slogan about "small government", the writing and thought of Leo XIII on the social question and the social order is not reducible to "unionism, as presently defended and advocated for in early 21st century America, is to be supported by faithful, thoughtful Catholics."  It's not that unions were once necessary, but now they are not.  It's that unionism is to be supported by faithful, thoughtful Catholics when it is consistent with, and actually carrying out, Catholic Social Doctrine, and not (or, at least, not necessarily) when it is not.  To resist overreach and bad-acting by unions is, well, to resist overreach and bad-acting; it's not to stomp on Rerum novarum

In my view, it is vital to keep in mind, as we try to think with Christ and the Church -- and not with either the Chamber of Commerce or the Democratic Party -- about union-related policy, to take into account (to the extent we can) the costs and benefits of proposals and practices, and to look at what unions are, and are not, actually doing with the power they have, and not merely to wield a "the Church teaches that unions are good" stamp.  In fact, unions and unionism are sometimes bad (just as religious freedom -- which is good -- is sometimes abused).  

For example:  In the United States, teachers unions are, on balance, definitely not good.  They have, historically, been a powerful force for anti-Catholicism and the obstruction of reforms, including reforms that the Church clearly teaches are morally required.  It is a grave injustice to require parents who want their children to be educated in (reasonably regulated and reasonably well performing) Catholic schools to pay twice (that is, to deny public funding to those parents).  Legislatures should not extend special powers to teachers unions, and they should oppose them to the extent it is necessary to re-orient education-related spending and policy in the best interests of children (and in a way that advances religious freedom and pluralism) and not of public employees who work in government-run schools.  Another point:  It is not good for unions to use workers’ contributions to support political causes – say, abortion rights – that are not relevant to the association’s purpose and mission. 

Finally, whatever the merits of the “closed shop” arrangement might be in the commercial context, it is extremely difficult to defend – indeed, it would seem to violate, rather than advance, the freedom of association – in the public-service and public-education sectors.  Too often, the relationship between legislative majorities, or powerful legislative interests, and public-employee unions is so cozy as to make it difficult to meaningfully describe these unions as part of a healthy civil society.  Indeed, and more generally, a thoughtful and nuanced Catholic approach to these matters would insist on a distinction between the public-employment context and the private-employment context – not because public employees do not have a right to associate (of course they do!) but because they do not have a moral right to use political power to extract excessive benefits for themselves at the expense of third parties (i.e., taxpayers) who are not meaningfully “at the table” of the relevant negotiations.  And so on.

Anyway . . . Go Irish.  And, have a blessed Advent.

 

Wednesday, December 12, 2012

Our Lady of Guadalupe, pray for us!

Sunday, December 9, 2012

McClay, "Honoring Faith in the Public Square"

Prof. Wilfred McCay has what I think is a really helpful and important essay, at Christianity Today, in which he elaborates on five reasons why -- contra, e.g., Micah Schwartzman and Rich Shragger -- religion is "special" and "should be granted . . . deferential attention" in the public square.  He concludes the essay by addressing "an even deeper question. Can our freedom itself, and more generally the rights-based liberalism we have come to embrace in the modern West, survive without the Judeo-Christian religious assumptions that have hitherto accompanied and upheld it?"

Though himself an atheist, the Italian writer Marcello Pera has argued that it cannot—that it is impossible to uproot such ideas as human dignity from the Christian intellectual soil in which, historically, they were nourished. It's a dangerous illusion, he says, to imagine that modern liberal values can be sustained apart from religious presuppositions about the nature and destiny of man. Ironically, the very possibility of a "secular" realm of politics—which we embrace in the West as both inherently good and a necessary precondition of religious freedom—may depend upon the presence of certain distinctively Christian beliefs, embodied in culture as much as in doctrine.

Friday, December 7, 2012

Three Books

Bonus!  I've received, in recent days, real-world, dead-tree copies of three books which I am looking forward to re-reading and marking up:  Paul Horwitz's First Amendment Institutions (natch); Andy Koppelman's Defending American Religious Neutrality; and Brian Leiter's Why Tolerate ReligionI had the chance to workshop each of these books, in one way or another, and it's a real treat to have them in hand.  Those long airplane flights over Christmas are already looking less-unpleasant . . . .

Congrats to Paul, Brian, and Andy!

Monday, December 3, 2012

Please pray for Fr. Araujo

Longtime MOJ-contributor, thoughtful scholar, wonderful priest, and good friend Fr. Robert Araujo, S.J., has given me permission to ask all Mirror of Justice readers to join me in praying for him as he continues what appears to be an increasingly difficult battle with cancer.  Oremus!

Pope Benedict XVI: "The Church's Deepest Nature"

Rocco reports, at Whispers in the Loggia, on a very interesting new motu proprio called "The Church's Deepest Nature:  On the Services of Charity."  It is, as Rocco says, about "on the Catholic identity and ecclesial oversight of the church's charitable efforts."  A bit:

In carrying out their charitable activity . . . the various Catholic
organizations should not limit themselves merely to collecting and distributing
funds, but should show special concern for individuals in need and exercise a
valuable educational function within the Christian community, helping people to
appreciate the importance of sharing, respect and love in the spirit of the
Gospel of Christ. The Church’s charitable activity at all levels must avoid the
risk of becoming just another form of organized social assistance
(cf. ibid., 31). . . .



Recalling the MOJ Joint Statement on "the Situation at Ave Maria"

In September of 2007, a group consisting of most of the MOJ bloggers posted this statement on "the situation at Ave Maria School of Law."  In light of the piece, to which Kevin Lee linked, by Austin Ruse ("Ave Maria Born Again"), it seemed to me that the statement was (as Rick Reilly might say) again "relevant."  

Thursday, November 29, 2012

Deneen responds to Munoz on "our Founding liberal principles"

Following up on yesterday's post, here (at Public Discourse) is Patrick Deneen's reponse to Phillip Munoz's discussion of liberalism.  A bit:

What Muñoz neglects is that the liberal invocation of individual rights, voluntarism, and self-ownership—while useful as an appeal against practices such as slavery—unavoidably also undergirds the tendencies and practices that are at the heart of my critique, namely the tendency toward the expansion of voluntarism into all spheres of life and the effort to conquer nature so as to satisfy all human appetites and intentions that arise from an unconstrained human will. It should also be pointed out that liberalism invites the pro-choice conclusion, inasmuch as its basic understanding of the human person as “self-owner” leads to the conclusion that a fetus can be regarded as an intrusive “other” that impinges upon a woman’s sovereign self. . .

Ought one to be a “conservative” and a “patriot” toward our liberal inheritance?  The contradiction is breathtaking.  The liberal tradition institutionalizes mistrust of the “ancestral” or the inherited, asking each of us to assess whether or not it is in our individual interest to accept the inheritance of our patrimony, and if not, to make our own choices as free and independent individuals. This basic impetus is the ground condition of liberalism—by accepting its basic premise, one begins as a liberal, no matter whether one accepts one’s patrimony or not.

Every human relationship and institution comes under liberalism’s radicalizing and disruptive logic, requiring every aspect and moment of our lives to be subject to the logic of choice based upon calculations of individual advantage. This logic shapes our marriages, whether we are open to the birth of children, whether we remain with our families, whether we accept the teachings and remain members of our church, whether we remain loyal to our places and people, and even whether we continue to view ourselves as Americans. Ironically, it is in the nature of liberalism finally to undermine the very notion of patriotism, inasmuch as our patria—our fatherland—is one of those memberships that is subject to our constant reconsideration as free and independent individuals. The modern move toward trans-national, borderless cosmopolitanism is not a contradiction of Lockean liberalism—it is its culmination.

I consider myself a grateful patriot, but not to the abstract liberal principles of America. America has historically been much better than its principles . . .

I enjoy noting that both Munoz and Deneen are my colleagues at the University of Notre Dame.

Wednesday, November 28, 2012

Deneen and Munoz on American liberalism

My friend, neighbor, and colleague, Patrick Deneen, recently wrote a thoughtful essay in First Things (subscription required) called "Unsustainable Liberalism," the thesis of which is that "liberalism's contradictions are unsustainable and we must see man and nature anew."  Another friend, neighbor, and colleage -- Phillip Munoz -- has an also-thoughtful response, here, at Public Discourse:  "Why Social Conservatives Should Be Patriotic Americans:  A Critique of Patrick Deneen."  Munoz concludes:

Rather than trying to create something new, I would direct us to the more modest task of recovering something we have unfortunately lost. America’s true liberal heritage is not to be found in Hobbes or Rawls, but rather in the natural rights philosophy of our founding fathers and in the natural rights statesmanship of Abraham Lincoln.

In our natural rights tradition, we can find a commitment to truth and a profound respect for nature and the natural order created by God. I also believe it offers our best hope for a more sustainable liberalism.

  Check out both . . .

Tuesday, November 27, 2012

The Irish thump the Trojans . . . HHS lawsuit win to follow?

This weekend, as every good Catholic is delighted to know, the Fighting Irish finished a wonderful regular season 12-0 with a decisive win over U.S.C.'s "Trojans."  (Learn more about the heart-and-soul of this year's team, Manti Te'o, here. Then go here to vote for Te'o for the Heisman.  This should be especially fun for you Democrats out there, because you are allowed to vote more than once.  I kid!  I kid!)  Here's hoping the victory of Our Lady's University over the Trojans presages a victory in court for Notre Dame over the unjust and illegal contraception-coverage mandate!

2012-10-03-Manti-Te'o

[Photo courtesy of Notre Dame's Matt Cashore and USA Today.]