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, August 17, 2007

"Pope To Condemn Tax Evasion"

Paul Caron reports:

From the Times of London:  Pope Set to Declare Income Tax Evasion "Socially Unjust" by Richard Owen:

Pope Benedict XVI is working on a doctrinal pronouncement that will condemn tax evasion as “socially unjust”, according to Vatican sources. In his second encyclical – the most authoritative statement a pope can issue – the pontiff will denounce the use of “tax havens” and offshore bank accounts by wealthy individuals, since this reduces tax revenues for the benefit of society as a whole. ...

This week the Italian centre-left Government of Romano Prodi began a concerted crackdown on tax evaders, saying that it would target individuals with second homes and other signs of “conspicuous wealth”. If the black economy is included, unpaid taxes amount to 27% of Italy’s gross domestic product. Mr Prodi, a devout Catholic, urged church leaders to speak out on tax evasion, telling the Catholic magazine Famiglia Cristiana that a third of Italians heavily evaded taxes, which were needed to plug Italy’s huge budget deficit. “Why, when I go to Mass, is this issue almost never touched upon in homilies?” Mr Prodi asked, adding: “If memory serves, St Paul exhorted the faithful to obey authority.”

I hope this document attends carefully to the non-trivial challenge of defining "tax evasion."   I hope it does not suggest that there is a general moral obligation to avoid actions that "reduce[] tax revenues for the benefit of society as a whole."  (The issue, it seems to me, in "tax evasion" should be law-breaking.)  And, I hope it at least acknowledges the possibilty that some tax policies that are motivated by a desire or packaged as efforts to raise "revenues for the benefit of society as a whole" can in fact reduce both social welfare and the well being of the poor.  (The piece above notes that "tax evasion" is making it difficult to "plug Italy's huge budget deficit."  I hope, then, that the document will at least suggest the possibility that waste and overspending by the state raises moral questions, too.)   

Thursday, August 16, 2007

Douthat and Sullivan on "Christianism", Brownback, etc.

So, Andrew Sullivan was put off by Sen. Brownback's "All for Jesus" speech (that is, the speech in which Sen. Brownback quoted Mother Teresa).  Ross Douthat was put off by Sullivan's snark.  Sullivan fired back, riffing on Christianists, theocrats, and all those with "sectarian" reasons for their political positions.  And, comes again Douthat.  Bottom line:  Sullivan is still tedious.  On this matter, I'm with Rod Dreher:

Having finally seen it, I can only marvel at the complete pee-in-the-pants hysteria this thing has caused among some commentators. I literally thought he'd be shrieking the phrase from a stage at the state fair or something. In fact, all Brownback does is mention it as a quote from Mother Teresa -- something she said to him after meeting him. He quotes Mother Teresa, then concludes. "Faith is a good thing, not a bad thing."

That's it. That's what Brownback said (and as Ross points out, none of this helped Brownback have much of a showing in a straw poll in the fairly culturally conservative state where he gave the speech). And this is supposed to mark him out as the herald of a burgeoning theocracy?

I know I'm starting to sound like a broken record on this point, but the "Here come the Christianists!" freak-out over the Brownback address tells us way more about how alienated from ordinary American experience the unnerved are than it tells us about Sam Brownback. . . .

"The Seamless Garment Reconfigured"

This long post by Nicholas Frankovitch, over at the First Things blog, is intriguing, and difficult.  A few excerpts, and thoughts:

Pare away [from pro-choice arguments] the politicking and posturing and anti-Catholicism, the circumlocution and the bumper stickers designed to distract us from the train of thought set in motion by the unique and almost unspeakably profound intimacy of the relationship between a pregnant woman and her gestating child—pare all that away and what remains is the opinion that what is wrong with the effort to enshrine in law your right to life is that by itself it’s unbalanced.  You also have a right to die, which, when you were literally an infant (that is, incapable of speech, of articulating your right to anything), you required a proxy to weigh and consider. That was your mother. What could possibly be the rationale for designating anybody else?

I've read the full post several times, and I am afraid that I am not quite getting the claim.  Frankovitch's theme, I think, is that "the right to die happens to be the ground of the right to abort."  No doubt, there are important and instructive similarities between the arguments for abortion rights and those for a "right to die."  They both draw from premises about autonomy, individualism, etc.  But the suggestion that what happens in an abortion is that the unborn child's "right to die" is being exercised-by-proxy by the mother seems not-right. Is this the suggestion?  I'd welcome thoughts from others.  What, exactly, is Frankovitch claiming?  And, what should we make of the claim?

Monday, August 13, 2007

A new social encyclical?

Rocco has the scoop . . . .  From TimesOnline:

The encyclical, drafted during his recent holiday in the mountains of northern Italy, takes its cue from Pope Paul VI’s encyclical Populorum Progressio (On the Development of Peoples), issued 40 years ago. In it the pontiff focused on “those peoples who are striving to escape from hunger, misery, endemic diseases and ignorance and are looking for a wider share in the benefits of civilisation”. He called on the West to promote an equitable world economic system based on social justice rather than profit.

There's a lot going on in that last sentence.

Faculty-hiring conference: What are the good questions?

A number of law-bloggers have put up helpful posts, advising prospective law-teachers about the hiring conference, etc.  On a related note, I'd like to hear from folks who either have recently gone through the conference, or who are planning on participating in this year's, what questions they would like to hear, or would have liked to hear, from interviewers.  What are some questions that, in your mind, give candidates the chance to put their best foot forward, in terms of the things that communities of legal scholars should care about?  What are questions that, you think, suggest a faculty community of which you might like to be a part?

Thursday, August 9, 2007

"Purge at Ave Maria"

"Purge at Ave Maria Law?", asks Inside Higher Ed:

[I]n recent years, the fighting at Ave Maria law hasn’t been about cutting edge Catholic legal thought, or pitting the law school against secular competitors. Instead, the professors — many of them people who share the philosophy behind the law school — have been in revolt over what they see as the dean’s efforts to squelch them.

A recent push by the administration to fire a tenured professor at the law school — one of the professors who created the original proposal to build Ave Maria — has other professors deeply concerned. Many at the law school are afraid to speak publicly, saying that they believe the professor threatened with dismissal is being punished for objecting to some of the dean’s decisions. But privately professors say that they fear the law school has lost its values and a growing number of Catholic legal thinkers are going public calling for radical change at the law school. . . .

Regardless of their views on moving to Florida, they said that the crisis facing the law school has to do with squelching of dissent and a very narrow view of authority and Catholic thinking. “Tom Monaghan and Dobranski view Catholicism as co-existing with the right wing of the Republican party, which means a 1920s-era, free market capitalism, exploitation of workers and employees, abuse of employees and their families — all is OK in the name of God, because God approves you if you are rich and powerful,” he said.

Safranek said that the law school’s leadership has abandoned not only academic freedom, but Catholic teachings about the dignity of individuals and the importance of treating one another with basic respect. “They are the ones who don’t believe what the faith has to teach,” he said. “We are really the ones trying to maintain the Catholic identity of the institution. They want it to be an offshoot of the Republican Party.”

Ugh.  I would only add that it seems a bit too quick, and unfair to the Republican Party, to suggest -- as Prof. Safranek is, perhaps erroneously, quoted as suggesting -- that (what appear to be) the appalling departures at Ave Maria from the basic norms that should govern an academic community, and Ave Maria's (apparent) failure as an academic enterprise, reflect, in some sense, the school's (or Monaghan's, or Dean Dobranski's) Republican-ness.  Of course, I'm not there, so I could be wrong . . . .

Mis-understanding "discrimination", again

I've objected, a number of times, on this blog to the use of the term "discrimination" to describe what it is that religious institutions do when they hire-for-mission.  Sure, the word has a meaning which fits.  But, in our public debate, "discrimination" is always "unjustified" or "unwarranted" or "unfair" or "prejudiced" discrimination.  In my view, that which makes "discrimination" wrong is simply not present when authentically religious institutions hire-for-mission. 

That said, here's an article in USA Today, "Case Involves a Collision of Rights:  Calif. Doctors Accused of Using Faith to Violate Law Against Anti-Gay Bias" ("using" faith?) which asks, "When does the freedom to practice religion become discrimination?"  I guess the "freedom to practice religion" never "become[s] discrimination", but put that aside.  Why isn't the answer, "the freedom to practice religion necessarily involves, sometimes, what could be characterized -- but is not helpfully characterized -- as 'discrimination.'"  (I realize that the case discussed in the story is not really a hiring-for-mission case, but more of a conscience-based-exemption case, of the kind Rob Vischer knows a lot more about than I do.)

Harvey Mansfield on the new "atheist tracts"

"God, they're predictable", he complains.  I agree.  When I read the Sam Harris, I can't help feeling like I'm back in a senior-year-of-high-school bull-session, with the kid in the Rush t-shirt who just read Ayn Rand.  (If you liked, or like, Rush, please don't e-mail me to object to my reference to the Rush t-shirt.  I admit it:  Rush were a creative and talented band.)

Science and Politics

Jon Adler has an interesting post about "the intersection of science and public policy" and the "danger of politicizing science."  In the public square these days, the charge is common that the Bush Administration (by opposing embryo-destroying medical research, etc.) is particularly guilty of "politicizing science."  Among other things, Adler quotes this, from a USA Today article on the subject:

Science policy professor Daniel Sarewitz of Arizona State University in Tempe says: "I think the opportunity to use science as a political tool against Bush has been irresistible — but it is very dangerous for science, and for politics. You can expect to see similar accusations of the political use of science in the next regime." . . .

It is easy to acknowledge (it's impossible not to) that people (left and right) often maintain "policy"-related and other views in the face of "science"-based objections that the factual predicates for these views do not obtain.  I gather the worry about "politicizing" science is not merely about this kind of reaction, but about a more unsettling strategy:  Identifying first, using non-"scientific"-means, one's policy preferences, and then construct defenses of those preferences using apparently (but not really) "scientific" methods and conclusions (and discarding "scientific" methods and conclusions that are in tension with one's policy preferences).  This seems, well, "bad", but it's not at all obvious to me that contemporary "conservatives" (if the Bush Administration is "conservative") are any more guilty of this kind of thing than anyone else.

An even deeper worry, though, might be about those who insist -- and it seems like lots of people do insist -- that all important questions *are* scientific questions, and *can* be answered through scientific methods.  But, of course, even at its best, science can only supply the material to which we apply moral principles and prudential reasoning.  So, when people say -- and many do -- that the "scientific" answer to the stem-cell debate (as opposed to the "sectarian") answer is the permissive one, it seems that they are missing this point.

UPDATE:  Prof. Ellen Wertheimer, of the Villanova University School of Law, kindly passed on this link to the USA Today piece from which Prof. Adler quoted.

UPDATE:  My colleague, Carter Snead -- a law-and-science scholar -- writes in with this:

. . . Virtually none of the hot-button issues at the intersection of science and public policy/law are "scientific questions."  They are, at bottom, normative disagreements about which science (by design) has nothing to say, other than to provide clarity regarding the factual predicates of such disputes.  For example, human embryology can shed light on when and how a new member of the species comes into being, but it is utterly silent on the question of what is owed to the human embryo, or how this obligation might stand in relation to other goods such as the freedom to conduct basic scientific research aimed ultimately at the relief of dread diseases or debilitating injuries.  These are moral questions.  And in democratic republic such as ours, they are properly understood as "political" (and perhaps, by extension, legal) questions.

Wednesday, August 8, 2007

"A Wish List for a New Administration"

Looking through the Summer issue of the Yale Law Report -- and feeling, as I always do when I read the report, slow-moving and uninteresting -- I came across this "Wish List for the New Administration."  (The unspoken premise of the piece, I guess, is that "the New Administration" can actually be expected to consult and respond to the list!)  So:  Heather Gerken suggests a "democracy index", or "ranking index for state election administration practices (For more about Heather's proposal, click here.); Michael Graetz urges the adoption of a value-added tax, which would generate the revenue necessary to fund a sweeping income-tax exemption; Bill Eskridge suggests a number of measures designed to better protect LGBT Americans from discrimination and violence, and so on.

Two of the wish-list items -- Peter Schuck's and Jack Balkin & Reva Siegel's -- caught my attention.

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