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.

Thursday, March 19, 2009

"For the Bible Tells Me So"

This document, "For the Bible Tells Me So:  A Study Guide and Advocacy Training Program", is posted on the State of Connecticut's official website (www.ct.gov).  It is put out by the "Religion and Faith Program" of the Human Rights Campaign.  According to the National Catholic Register, Connecticut's official promotion of this document (and a related film) -- the point of which is to instruct / convince people regarding a particular view of "the Bible and homosexuality" -- threatens the separation of church and state.  I'm inclined to agree, and to think that this promotion is in tension with the Court's "hands off approach to religious doctrine". 

For more on the "hands off" rule, see the articles collected in this Notre Dame Law Review symposium.  And, for more on the unconstitutionality of a similar government effort, in Georgia, see this post by Eugene Volokh.

Tuesday, March 10, 2009

Utaaaahhhh!

Our LDS friends had it right.  Utah "is the place."

Connecticut bill tabled (for now)

What Rick Hills (correctly, I think) called "the Connecticut legislature's preposterously unconstitutional attack on Catholicism" appears to have been tabled, for now.  And just in time, because the state's legislators were about to receive a sternly worded letter, written by Prof. Douglas Laycock and signed by a dozen law-and-religion scholars, setting them straight.  The letter is available, after the jump.

Continue reading

"Urban Form as Spiritual Allegory"

Longtime MOJ readers know that I'm a property / land-use / urban-law scholar trapped in a ConLaw teacher's body.  On that note, I give you this post, "Urban Form as Spiritual Allegory," at a new (to me) and interesting blog, "PlumbLines."

Brad Gregory on Science, Scientism, and Morality

Responding to my earlier post, criticizing Pres. Obama's stem-cell-research statement, Prof. Brad Gregory (history, Notre Dame), offers this:

Not all disagreements are of a piece and not all diversity is desirable, as a moment’s reflection makes clear.  No one calls for more racist discourse or incitements to violence at Yale—thank goodness—even though more of each would obviously increase the university’s diversity.  Racism and violence are bad things, so they are rejected.  Some things shouldn’t be tolerated.  But what is the basis for such moral judgments?  Assertions of “human rights” will hardly do in a society riven by disagreements about what a human being is, as the abortion debate shows so starkly.  Why should we treat other human beings with dignity and respect, if self-interest offers more attractive alternatives?  Appeals to “human nature” are stillborn in an academic culture dismissive of the very notion as an oppressive, essentialist chimera.  The natural sciences can offer no help—despite the strained efforts of sociobiologists and evolutionary psychologists—if Homo sapiens is merely an unusually adaptive hominid, no different in kind than other mammalian species with which it shares so much genetic material.  The natural sciences neither observe any persons nor discover any rights—for the simple reason that there are none to be found given the metaphysical postulates and empiricist assumptions of science.  So-called transhumanists such as Simon Young grasp the implications: their deliberately eugenicist ethical agenda literally seeks the evolutionary self-transcendence of Homo sapiens through genetic manipulation.   If morality is a matter of preference among options, why not opt to make human beings obsolete by improving them?  Transhumanists simply want to enact their choices. 

        Claiming that morality is a constructed, contingent matter of preference has a rather problematic corollary: it implies that opposition to racism and violence is merely arbitrary.  We might happen not to like racist or sadistic or murderous views and actions, but that’s just us.  They are not intrinsically wrong, because nothing is, or indeed can be if, as physics Nobel laureate Steven Weinberg claims, we are “inventing values for ourselves as we go along.”   Neither are genocide, rape, torture, or the selling of teenage girls into sexual slavery intrinsically wrong.  We simply happen to live in a culture in which the majority happens not to like such things.  But perhaps people could be gradually persuaded to change their minds, or progressively pressured to adapt to different practices, or incrementally compelled to tolerate what previously they would not, as human beings have shown themselves so capable of doing. 

 

        Depending on what we’re talking about, the sort of relativistic inference frequently drawn from the fact of hyperpluralism—when expressed, for example, in blithe rejections of the notion of truth—is a dangerous, not to mention incoherent, move.  (It is incoherent because the assertion that there are no non-subjective truths is itself a truth claim.)  I’m all in favor of diversity with respect to ethnicities, art, literature, cuisine, and so forth.  But I regard the relativizing inference frequently drawn from the sociological fact of moral pluralism as not only dangerous, but potentially catastrophic.  Unless, of course, one doesn’t mind some genocide or rape, or thinks that the line from a song of ’80s rock star Pat Benatar applies just fine to the ambitions of transhumanists: “No one can tell us we’re wrong.”  Her lyrics are simply a corollary of Nietzsche’s claim: “there are no moral facts whatever.”

 

Today's the day . . . Don't kill school choice (and hope) in D.C.

Tell everyone you know, to write -- ASAP -- every Senator they can think of.  The Senate is scheduled to vote this morning on Sen. Ensign's amendment (No. 615) which would save the D.C. voucher program.  (If the Amendment does not pass, then hundreds of D.C. kids will have to leave their schools, and several D.C. Catholic schools, that serve low-income children, will have to close.)

Monday, March 9, 2009

President Obama's stem-cell-research statement

The order is here:  "The Secretary of Health and Human Services (Secretary), through the Director of NIH, may support and conduct responsible, scientifically worthy human stem cell research, including human embryonic stem cell research, to the extent permitted by law."  The accompanying statement is here.

Many will, of course, welcome this (entirely predictable) policy shift.  And, no doubt, in some quarters, the President's concession that "[m]any thoughtful and decent people are conflicted about, or strongly oppose, this research" and his statement the he "understand[s] their concerns" and thinks "we must respect their point of view" will be seen not as empty, cynical, or patronizing, but instead as indicating moderation, civility, and thoughtfulness. 

It strikes me that -- wholly and apart from the coming policy, which I believe is horribly misguided -- the statement is a mess. 

We have been told, time and again, that President Bush "politicized" what should have been a "scientific" issue -- or worse, that he imposed "religious" strictures on scientific progress. Now, though, we hear Pres. Obama saying "[a]s a person of faith, I believe we are called to care for each other and work to ease human suffering. I believe we have been given the capacity and will to pursue this research -- and the humanity and conscience to do so responsibly." 

Of course, few would disagree with the statement that "we are called to care for each other and work to ease human suffering."  To say this is to say little. The question is, what does it mean to do so "responsibly"?  Where will the limiting criteria -- which, according to the President, and notwithstanding the "keep politics out of science" mantra, will be in place -- come from?  "Science", of course does not supply them. 

I wish we could drop the pretense that we are moving from a "politics and religion trumping science" regime to a "responsible science" regime, and simply admit that we are moving instead from "science constrained by one set of moral commitments" to "science constrained by a different set of moral commitments".  We could then ask whether the moral commitments in the new regime are really the ones we hold, and really up to the job of preventing horrible injustices.   

Consider this:

We will support it only when it is both scientifically worthy and responsibly conducted. We will develop strict guidelines, which we will rigorously enforce, because we cannot ever tolerate misuse or abuse. And we will ensure that our government never opens the door to the use of cloning for human reproduction. It is dangerous, profoundly wrong, and has no place in our society, or any society.

I agree with the President that cloning for human reproduction (like human cloning for other purposes) is "profoundly wrong", but I am not sure how "science" supplies this moral conclusion.  (That is, I am sure that it does not.)  Why, exactly, is it profoundly wrong?  Presumably, there is a reason -- and, again, it is not "science" that is supplying that reason.  Why, in a statement that insists the autonomy and integrity of science, does the President think it is appropriate to lecture scientists that what many people believe is a fascinating new research frontier is "profoundly wrong", and has "no place in our society, or any society." 

A friend offered this explanation to me, when I asked why it was alright for a "keep politics out of science" Administration to proceed in this way:

Because that’s not a “political judgment.”  It’s a moral judgment.  And you see, when a Catholic says that cloning is “gravely wrong,” and he disagrees with Pres. Obama on stem cell research, he’s making a religious judgment that has no place in government.  And when a non-Catholic says that cloning is “gravely wrong,” well if the non-Catholic disagrees with Obama on stem cell research, that’s a “political judgment” and an intrusion of “politics” into “science.”  But when a non-Catholic says that cloning is “gravely wrong,” well if the non-Catholic agrees with Obama on stem cell research, that’s a “moral judgment” which is important for science to respect, because very deeply felt by Obama and only those who agree with him.  And when a Catholic says that cloning is “gravely wrong,” well if the Catholic agrees with Obama on stem cell research, then that’s a “moral judgment” made by a man or woman of faith attuned to the complexities of the mystery of existence and the heart of liberty important for science to respect. . . .

The President concludes with this:

 

There is no finish line in the work of science. The race is always with us -- the urgent work of giving substance to hope and answering those many bedside prayers, of seeking a day when words like "terminal" and "incurable" are finally retired from our vocabulary. . . .

Thank you, God bless you, and may God bless America.

Wow.

The Connecticut proposal and the Freedom of the Church

The "Freedom of the Church" idea (for more, try this) is the subject of Prof. Howard Wasserman's very interesting post, at Prawfsblawg, on the Connecticut proposal.  Check it out.

Friday, March 6, 2009

Reviewing "Civilizing Authority"

Here is a review, by Kevin Schmiesing, of our own Patrick Brennan's "Civilizing Authority", which is itself a fascinating collection of essays by a number of first-rate scholars.  Here are the first few paragraphs of the review:

It is safe to say that the problem of authority is perennial.  Questions concerning the validity, location, and sources of ecclesiastical and political authority have roiled theology, philosophy, law, and related disciplines since at least the time of the medieval scholastics. Far from being resolved to wide consensus, moreover, the questions and potential answers to them have proliferated over the centuries, recent decades not excepted.

The editor of this collection, Patrick McKinley Brennan, frames the problem’s persistence neatly in his introduction. Even as the very concept of authority has come under withering attack over the last halfcentury, the theoretical assault has done nothing to change the fact that human society seems to be inseparable from the practice of authority. To summarize bluntly the argument underlying the book, as this author sees it: We must have authority, so we may as well accept it, try to understand it, and make it as benign and effective as possible.

 

"Front Porch Republic"

"Front Porch Republic" is an interesting new blog dedicated to exploring "places.limits.liberty."  It's a conversation among new agrarians, crunchy (and other non-"neo") cons, Dorothy Day disciples, distributivists, small-is-beautiful romantics, and hipster beet-farmers (huh?  OK.  I made that up.)  I have to think that each of us will find (a) much with which we disagree, and (b) much to which we are drawn, in the various bloggers' postings.  Its primary failing, at present, so far as I can tell, is that it has omitted MOJ from its blog-roll.