My student, Dennis Wieboldt -- a JD/PhD candidate in History at Notre Dame -- has a new paper up at SSRN (with the title in the title of this post!). Here is the abstract:
Like the man says, "download it while it's hot!"
Monday, July 22, 2024
My student, Dennis Wieboldt -- a JD/PhD candidate in History at Notre Dame -- has a new paper up at SSRN (with the title in the title of this post!). Here is the abstract:
Like the man says, "download it while it's hot!"
Saturday, July 20, 2024
This year's (well, it's biennial) Religiously Affiliated Law Schools conference will be held on September 12-13, 2024, at Fordham. The theme is "Forming Lawyer-Stewards: The Special Role of Religiously Affiliated Law Schools." Fordham's new president, Tania Tetlow, will be the keynote.
More information, including registration (there's CLE available!) is here:
Sunday, June 23, 2024
Tempus fugit, and all that. I recently returned from Sabanville -- I mean, Tuscaloosa -- and the Annual Law and Religion Roundtable, which I've been organizing and hosting with Nelson Tebbe (Cornell) and our own Paul Horwitz for fifteen (!) years now.
We got the idea, if I recall correctly, from a workshop-style conference for younger property-law scholars that Ben Barros (now at Stetson) and Nestor Davidson (now at Fordham) put together out in Colorado. Each year -- well, we had to Zoom two of them, and miss one year altogether, because of COVID - we've held our version at a different school -- a "movable feast", as Paul likes to say! -- and exploited the on-site generosity of different colleagues. Over the years, several hundred scholars -- from a variety of disciplines, at a range of career stages, with a variety of interests and perspectives -- have participated, and we've met from Stanford to Virginia to Toronto to Notre Dame (and a bunch of other places in between).
This tradition (!) has been -- for me, anyway! -- a highlight of the academic year. Notwithstanding disagreements about non-trivial questions, methodological differences, and a diversity of commitments and priors, the conversations have been productive and collegial, and the socializing and fellowship uplifting and encouraging. I've been particularly struck by (among other things) how strongly I've come to prefer the roudtable/workshop-type academic gathering to the panels-and-audience type (which is not to say I don't welcome your invitations to the latter!).
Tuesday, May 7, 2024
A little while ago, Anthony Annett had an essay in Commonweal called "The Theology of Social Democracy," the thesis of which was that "Catholic social teaching guides us beyond neoliberalism." Put aside doubts one might have about whether "neoliberalism" has agreed upon content or is, instead, a protean epithet used to dismiss all views that have some consonance with human nature and experience; it is certainly the case that Catholic social teaching (correctly understood) guides us beyond "-isms" generally.
By "social democracy" Annett means "an economic system predicated on the belief that an economy must be underpinned not only by property rights but also by economic rights. More concretely, in a social democracy, the government supplies public goods, uses the welfare state to protect people from adverse economic circumstances, and promotes unions to make sure that workers can bargain for their fair share of economic progress." Fair enough. It is not controversial, even in the most "neoliberal" crannies of the Catholic intellectual and scholarly space, to note that the Church's proposals regarding the policy implications of the truth about the human person resonate with at least some aspects of "social democracy" and challenge some aspects of its alternatives. It is true, as Annett writes, that the "Catholic social teaching forged a middle path between free-market libertarianism and socialist collectivism" (and, to be clear, statism). There is much in Annett's essay about the "common good", "subsidiarity" (which is often misunderstood), and "integral human development" that is both timely and sound.
But, Annett's piece is undermined by a lot of straw-manning and factual mistakes. He writes, for example, "[Social democracy] can be contrasted with the approach of free-market economics or economic libertarianism. Under those two systems, the only rights recognized are property rights. A free-market system might allow for a minimal social safety net to prevent outright destitution, but nothing more than that." But, there are no "systems" in the world where "the only rights recognized are property rights." And, there are no market economies that provide "nothing more than" the minimal social safety net he describes. There are no economic systems -- certainly, despite Annett's suggestions to the contrary, the United States is not such a system -- where the "free market" is not pervasively regulated. Indeed, the economic system in the United States is acknowledged by those who examine the matter to be, in many ways, more regulated than the systems in some countries that Annett would characterize, I suspect, as "social democracies."
Annett claims that, in the Catholic tradition, "economic rights [are] the central rights, even before civil and political rights", but this is not supportable (and the sources he cites do not support the claim). His statement that, since the rise of "neoliberalism", "productivity and economic growth have been slower" is false (so long as one does not blame "neoliberalism" for the fact that the second war, and the rebuilding that followed, eventually ended). He contends that one of the "pillars" of operationalizing Catholic social teaching and social teaching is "complete decarbonization" but has nothing (realistic or fact-tethered) to say about how this might happen, globally, so long as the PRC is uninterested in the project and so long as billions of people living in developing nations are not likely to welcome outsiders' edicts that they accept non-growth. He calls for more labor-union power (again, this is a call that resonates with much in 20th century Catholic social thought) but says nothing about the fact that, in the United States anyway, the unions largely represent high-earning public-sector workers whose demands and expectations are costly to lower-income people not employed by governments. (He also neglects the fact that, in the United States today, public-employee unions stymie reforms that Catholic social teaching calls for clearly, such as school choice.) And, he overlooks the fact that the economic "system" he praises, in mid-century America, depended crucially on a labor force that was limited by the relative absence of competition from women, from immigrants, and from workers in developing countries. There can be no welfare state of the kind Annett calls for without meaningful enforcement of boundaries, both geographical and communal. The challenge of such enforcement is not mentioned in Annett's essay.
Annett concludes by saying that, to accomplish the changes he envisions, "[t]he political Left would need to return to its working-class roots, moving away from the politics of culture and identity—the politics favored by educated elites. The political Right, meanwhile, would need to rediscover the successes of Christian democracy, and turn away from neoliberalism and climate-change denialism." There's something to this, I think (again, "neoliberalism" isn't really a thing and doubts about the feasibility anytime soon of global decarbonization does not make one a climate-change denier). The key thing, it seems to me, is to appreciate that Catholic social teaching (correctly understood) is not "separate" from "social issues", "life issues", etc. The Church's proposals are, at bottom, about the nature and destiny of the person - they are not just about economic arrangements and systems, and the proposals that do bear on such arrangements and systems are inseparable from those that bear on (e.g.) religious freedom, educational pluralism, and constitutional arrangements that constrain governments.
Anyway . . . check it out.
Submissions and nominations of articles are being accepted for the fifteenth annual Fred C. Zacharias Memorial Prize for Scholarship in Professional Responsibility. To honor Fred's memory, the committee will select from among articles in the field of Professional Responsibility with a publication date of 2024. The prize will be awarded at the 2025 AALS Annual Meeting in San Francisco. Please send submissions and nominations to Professor Samuel Levine at Touro Law Center: [email protected]. The deadline for submissions and nominations is September 1, 2024.
Friday, May 3, 2024
On this day, in 1606, Henry Garnet, S.J. was hanged by St. Paul's Cathedral in London. (The crowd reportedly pulled on his legs, during the hanging, so that he would die before the usual disemboweling.) He was a student of Robert Bellarmine and had been, for some time, the head of the Jesuit mission in England, and he was executed for (in addition, of course, the offense of being a Jesuit in England) failing to reveal his (alleged) knowledge of some details of the "Gunpowder Plot." (In Macbeth, Shakespeare mocks Garnet, by reference, as the "equivocator.") Ora pro nobis.
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On this day, in 1606, Henry Garnet, S.J. was hanged by St. Paul's Cathedral in London. (The crowd reportedly pulled on his legs, during the hanging, so that he would die before the usual disemboweling.) He was a student of Robert Bellarmine and had been, for some time, the head of the Jesuit mission in England, and he was executed for (in addition, of course, the offense of being a Jesuit in England) failing to reveal his (alleged) knowledge of some details of the "Gunpowder Plot." (In Macbeth, Shakespeare mocks Garnet, by reference, as the "equivocator.") Ora pro nobis.
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Friday, April 26, 2024
It's by John Cavadini (Notre Dame) so "self-recommending," etc., but I also highly recommend this piece at Church Life Journal. In particular, it should be a must-read for all administrators and leaders and benefactors and faculty of Catholic universities that might be tempted to imagine that the path to flourishing, or "relevance", is to relegate "Catholic" stuff to residential life and campus ministry, or to water down Catholic universities' mission, character, and charism to vague and unobjectionable nice-words like "sustainability", "inclusion", and "justice". As many of us have said, many times, on this blog over the last 20 (!) years, a Catholic university is only interesting if, and to the extent that, it is Catholic. And, as every reasonable and informed observer knows, but as many still need to be reminded, there is no dissonance between the well-functioning (correctly understood) of a university and the (meaningfully) Catholic intellectual tradition.
Monday, April 22, 2024
My colleague at the University of Notre Dame, Cyril O'Regan, has a great essay up at Church Life Journal on "The Legacy of Benedict XVI". Here's a bit:
A fundamental element in speaking the truth is to expose the systemic inhospitality of the modern secular state towards Christianity that can at inopportune moments verge into open hostility. This is not to say that the secular world is always wrong in its criticisms of the behavior of the Church that has at times been both reprehensible and scandalous (e.g. the sex abuse crisis) and that the secular world has not been justified in pointing to the way in which the Church—similar to most worldly institutions—is too often guided by the instinct of self-preservation and self-reproduction. For Benedict, as for John Paul II, the world can provide moments for Christian self-inspection and ample opportunities for repentance. Still, overall, for Benedict, the “neutrality” of the modern secular world is as a matter of fundamental principle “armed”: it constructs the Catholic Church as irredeemably authoritarian both in its basic structure and in its public performance towards the world; as substituting an irrational faith for reason, which if objectionable in itself becomes more objectionable as it serves to sponsor violence. Further, it constructs the Church as recommending ways of thinking that straightjacket free inquiry (thereby making it incomprehensible how the university came into being under the tutelage of Catholicism) and engender unfree forms of living contrary to genuine human flourishing.
For Benedict, to respond critically to secular modernity is first to avoid being provoked by it; it is to exercise discernment and discriminate between what is hale and harmful in it; what can be sanctioned by reason understood against the backdrop of its full philosophical amplitude and what in it agrees with the Wisdom (reason as both substantive and holistic) that Christianity attempts both to honor and perpetuate. Demonization of secular modernity is reaction-formation, thus hostage to what it would deny as well as betraying a lack of confidence in the ultimate persuasiveness of truth it would proclaim. Benedict understands that the dominant narrative of secular modernity, to the effect that everything valuable concerning the ratification and protection of human rights depends upon reason’s critique of and separation from Christianity, is entirely self-serving, and deliberately ignores the insights bequeathed to it by the Christian tradition.