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, September 20, 2018

Prof. Munoz on free speech, Charles Murray, and Catholic character at Notre Dame

Public Discourse has published my colleague Prof. Vincent Phillip Munoz's recent remarks at the U.S. Department of Justice Forum on Free Speech in Higher Education.  Well worth a read.  Here's a bit:

I am sometimes asked whether academic freedom exists at a Catholic university such as Notre Dame. I have never been at a university that offers more academic freedom, and I have been a faculty member at a large state research university and a small private elite liberal arts college. As a Catholic university, Notre Dame is committed to the unity of faith and reason. Indeed, because God is understood to be the author of all that is true, the university is confident in and can offer reasons for its commitment to seeking the truth.

Universities are either committed to truth-seeking through reasoned inquiry, or they are committed to something else. If they are committed to truth-seeking, free inquiry and free speech will be safeguarded. If they are committed to something else—be it social change or overcoming historical oppression or job training or whatever—that something else will inevitably trump free inquiry and free speech if and when it requires it. It’s not that complicated.

Wednesday, September 19, 2018

Lee Strang responds to Michael Sean Winters re: originalism, etc.

Here, at Public Discourse.  A bit:

 [T]he Constitution is at the center of American political and legal life, so properly interpreting the Constitution is of crucial importance. Americans of all stripes invoke the Constitution to support their differing legal and political positions. Originalism’s capacity to provide a coherent method to answer these fundamental constitutional questions depends, as I described in my article, on whether it has successfully navigated its intellectual transformation.

Thursday, September 13, 2018

A short opinion piece on religious freedom and church accountability

Thanks to Richard Reinsch, at Law & Liberty, for including this short piece of mine in today's symposium on "the Catholic Church's crisis."  A bit:

. . . [I] is clear, and it is crucial, that – in accord with due process, of course, and in keeping with important safeguards like statutes of limitations – alleged crimes be investigated, that criminal offenses be punished, that victims are compensated. This is true for bishops and clergy no less than it is for politicians and police or for laymen and citizens. It seems no less clear and crucial that not only repentance and penance but also reform and a reckoning are needed in the Church leadership, structures, and processes.

At the same time, calls for “accountability” should reflect careful thinking about the questions “accountable to whom?” There are matters over which secular political authorities and public officials have no power or say. . . .

Tuesday, September 11, 2018

A podcast on Endo's "Silence"

Longtime MOJ readers know that a number of us are big fans of Shusaku Endo's (complicated, haunting, fascinating) novel, "Silence."  I was glad to see it featured the other day on one of my favorite podcasts, John Miller's "Great Books."  Check it out.  (I was intrigued by Miller's guest's "take" on the novel, which was clearly a product of her Protestant lenses.  I wonder if other Catholic readers will have a similar impression.)

A troubling opinion on church autonomy from the CJEU

Here's the press release.  Nutshell:

Dismissal of a Catholic doctor from a managerial position by a Catholic hospital due
to his remarriage after a divorce may constitute unlawful discrimination on grounds
of religion.


The requirement that a Catholic doctor in a managerial position respect the Catholic Church’s
notion of marriage as sacred and indissoluble does not appear to be a genuine, legitimate and
justified occupational requirement, which is nevertheless a matter for the German Federal Labour
Court to determine in the present case.

However:

However, it is for the Bundesarbeitsgericht to determine whether IR has established that, in the light of the
circumstances of the case, there is a probable and substantial risk that its ethos or its right
of autonomy will be undermined.

Stay tuned.

Monday, September 10, 2018

Winters's misrepresentation of Garnett re: public-sector employees and unionization

Over at Distinctly Catholic, Michael Sean Winters links to a funny bit at The Onion and then tosses a bit of off-color snark at MOJ, and a post of mine, regarding my view (expressed zillions of time here) that "it is not the case that the Church's social teachings -- including her teachings on the dignity of work and the rights of workers -- require, or even recommend, support for public-sector unionism (as it exists today, in today's legal and regulatory context)." 

Contrary to what Winters says, I have never said that "the church's teaching that workers have a right to organize does not extend to public sector workers because the church never specifically said it so extends."  What comes before and after "because" in Winters's sentence is wrong.  I think that all workers have a right to "organize" (and, as it happens, the Church has long so taught).  I do believe that it is a distortion of the Church's social teachings to think that those teachings "require, or even recommend, support for public-sector unionism (as it exists today, in today's legal and regulatory context)."  And, I think this "because" not because public-sector unionism wasn't mentioned in Rerum Novarum, but because public-sector unionism (as it exists today, in today's legal and regulatory context) is, all things considered, contrary to the common good.

Winters ends his little jab with what I suppose is intended to be a funny comparison but it seemed more than a little inappropriate (not to mention inapt) to me.  Readers should, of course, decide for themselves.

Thursday, September 6, 2018

Important win in ministerial-exception case

Thanks to the merry band of happy religious-freedom warriors at the Becket Fund!  Full story here.  (I was honored to co-file an amicus brief with our own Tom Berg and others . . .).

Recent news and events have many religious-freedom defenders reeling and angry (understandably).  But the "freedom of the Church" proposal has never rested on a premise or claim that the Church's leaders, ministers, and members do not sometimes do awful things.

Amy Uelmen, "Celibacy is not about time management"

Charlie Camosy has a nice interview up at Crux with our own Amy Uelmen, regarding (inter alia) celibacy (As MOJ readers probably know, Amy has taken vows in the Focolare movement), its practice, and its point.  Amy's reflections are, as always, thoughtful and inspiring.

Lumen Christi Institute event: Joseph Singer, "Judging as Judgment"

More information about this interesting event in Chicago (Oct. 4) is available here.

Monday, September 3, 2018

Laborem Exercens (and a friendly reminder)

It never hurts -- and on Labor Day, it makes particular sense -- to re-read Laborem ExercensHere it is.  

Also, just your friendly, regular MOJ Labor Day reminder that, despite what some opportunistic commentators contend, it is not the case that the Church's social teachings -- including her teachings on the dignity of work and the rights of workers -- require, or even recommend, support for public-sector unionism (as it exists today, in today's legal and regulatory context).