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.

Saturday, July 14, 2007

Capitalism, conservatism, and Catholicism

Here's an interesting post -- presenting an argument that resonates with at least some strands and themes in the CST tradition -- by Rod Dreher on the threats posed by a consumption-dependent culture to conservative values, virtues, and institutions.   A bit:

Capitalism is an ingenious system for increasing material prosperity. It succeeded historically because the free market is the most rational device for meeting human wants and needs. It also thrived because it rewarded creativity and industriousness, and encouraged both qualities. And the most prosperous people under capitalism tended to be those who understood the value of self-denial and delayed gratification.

Today, however, capitalism is defined not by a producer mentality but by a consumer ethos. . . .

Friday, July 13, 2007

Catholic Social Thought, Catholic schools, and the City

A few days ago, Mark posted a call for thoughts on Catholic Social Thought and the City.  And, over the course of the last few days, this post has prompted a wide range of thoughts, questions, proposals, and - -perhaps --disagreements, about schools, parishes, cities, suburbs, and so on.  If you have not checked in here at MOJ for a few days, keep scrolling down, to get the flavor of the entire discussion.

I just got back from a lunchtime talk, by Fr. Andrew Greeley, on the Catholic school as social capital.  He hit the point pretty hard:  The parish school has been, in the United States, one of the most important social-capital institutions in our history.  When these schools close (or are taken for granted), we lose something very important to the common good, and to the faith.  I wrote, in this USA Today op-ed last year:

[U]rban Catholic schools and their teachers do heroic work in providing education, hope, safety, opportunity and values to vulnerable and marginalized children of all religions, ethnicities and backgrounds. Similarly, Catholic hospitals have long cared for underserved and disadvantaged people in both urban and rural areas, and helped to fill glaring gaps in the availability of health care. It is too easy to take for granted these and similar contributions to the common good. We should remember that, as these institutions fold, the burdens on and challenges to public ones will increase.

We might also care about the closings for slightly more abstract but no less important reasons. In a nutshell: It is important to a free society that non-government institutions thrive. Such institutions enrich and diversify what we call "civil society." They are like bridges and buffers that mediate between the individual and the state. They are the necessary infrastructure for communities and relationships in which loyalties and values are formed and passed on and where persons develop and flourish.

Catholics and non-Catholics alike can appreciate the crucial role that these increasingly vulnerable "mediating associations" play in the lives of our cities. Harvard University Professor Robert Putnam and others have emphasized the importance of "social capital," both to the health of political communities and to the development of engaged citizens. In America's cities, it has long been true that neighborhood churches and schools have provided and nurtured this social capital by serving as places where connections and bonds of trust are formed and strengthened. As Joel Kotkin writes in his recent book, The City: A Global History, healthy cities are and must be "sacred, safe and busy." If he is right, Catholic parishes, schools and hospitals help make America's cities great.

I'm sure I'm not the only MOJ blogger who has been getting loads of interesting feedback from readers.  I thought I'd pass on some of this feedback, and also some other comments.

First, here is a long post, which references our MOJ discussion, by Patrick Deneen on "Catholicism and Suburbia."  Here is a bit from that post:

[It] seems to me that Catholicism as a whole cloth may not be best expressed in either setting, though I'd give considerable preference to a rightly ordered urban setting over a suburban one. The best setting, it seems to me, is a town of a reasonable size, ranging from one that might be considered to be a small city to modest town. I have in mind Aristotle's definition of a polis as a place that is to some extent self sufficient and is of such a size that one does not need to voice of Stentor to be heard through its environs. It should be a place where one can reasonably expect to rule and be ruled in turn, that is, to learn the discipline of liberty and self-rule. It should be a place where culture, as an accumulation of habituation and practice, can be passed from one generation to the next, starting in the family but continuing and being reinforced in the community at large. It should be place where people from various classes and professions can interact, and thereby with greater ease and willingness overcome the resentments or disapproval that can form in the absence of interaction between people differently placed. It should be a place where one's work and one's contributions to the common weal can be discerned and remembered. It is a place, therefore, that allows for the creation of communio, the passing on of culture, the formation of tradition, and the continuity of memory.

The suburbs, it seems to me, were formed for reasons that permitted, nay encouraged, the avoidance and escape of all these conditions. . . .

Alan Jacobs has this post, on urbanism, over at "The American Scene."

Kevin Somok -- a former participant in Notre Dame's (wonderful) "ACE" program -- writes, in response to my statement, in an earlier post, that "the Church should be doing what it takes -- whatever it takes -- to make it really possible (and by "possible," I mean to include "possible given the special needs of many children") for all -- rich, middle-class, and poor -- urban and suburban Catholics to send their children to Catholic schools, which is where all Catholic children should be":

This seems to be still be consistent with the teaching of the Magisterium.  Perhaps, however, we ought to qualify this with something like the following:

"The Church should be doing whatever it takes to make it really possible... for all urban and suburban Catholics to send their children to schools of authentically Catholic character and academic excellence..." As you are aware, I suspect, both of these items are quite difficult for most schools
to pull off. Here's part of the problem, as I see it.

In the absence of large, vital religious communities, it's extraordinarily hard for schools to retain qualified teachers. Although I didn't believe I had a lifelong vocation to teach middle school students, if I did, it would have been very hard to stay in a Catholic school much longer, given the fact that salaries are low ($29,000 for a third year teacher with a master's degree in Austin, TX, and a ceiling not much higher than that), health care is lousy, and pensions are largely non-existent. This last item, I think is particularly detrimental to teacher retention efforts. . . .

The Church could do a much better job to help religion instructors do a better job of transmitting the Faith. Textbooks are approved by the bishops to ensure they are free of doctrinal error, but this does not not mean that they will be effective instructional materials. . . .  With over 6,000 grade schools in the U.S., it's reasonable to expect that the Church could expend the resources necessary to develop solid religion textbook series that convey the full richness of Catholic belief and practice.

In spite of the imperfections in the system, I believe Catholic schools represent a great hope for the U.S. Church. Once-a-week CCD or CEP programs seem to be almost completely ineffective at transmitting a critical mass of Catholic doctrine in spite of the valiant efforts of DREs and parish volunteers (and I'm a person who went through such a program, having been at public schools K-12). [Note:  The research clearly establishes that students who attend Catholic schools are much more likely than students who attend public schools and attend CCD to become active adult Catholics.  RG.]  Catholic school students, in spite of instruction that is less than completely effective at times, still are receiving religious instruction daily and develop the habit of praying throughout the day. . . .

I do believe that it is a grave injustice that many Catholics are unable to send their children to Catholic schools because of finances, and the Church at both parish and diocesan levels needs to rethink education as a mission and ministry of the Church. Parishioners who complain about the "parish subsidy of the school" need to be told by bishop and pastor that this is akin to complaining about the parish subsidy of a soup kitchen or food bank.  The content of this framework of conceiving education as a ministry is buried in official documents, but the average person in the pew on Sunday morning hears very little about this. . . .  [Note:  So true!  RG.]

My friend and colleague at Notre Dame, Ed Edmonds, sends this:

As a suburban dweller for most of my adult life, I have read with interest the recent MOJ material on that theme.  I find life here in the Midwest – Minneapolis, St. Paul, and South Bend -- to be different from Kenner, Louisiana and Williamsburg, Virginia.  Some of it is the urban aspect of those places, or lack thereof, and I think some of it is the dominant culture of the region.  My perspective of a city like Richmond, Virginia, is that only those with a long family history in the city will ever be part of the true inner circle.  I also think there is a real cycle-to-life aspect.  When we had young children, we had baby-sitting co-ops and pre-school co-ops that created a social network.  I have to say that [my wife] was far more involved in these activities than I was.  When they were in school or involved in sports or dance or art, the social interaction changed.  I wonder, however, if the reliance on the automobile and its particular American variation is as strong as Eduardo’s portrayal.

. . .  A new report from the United Nations notes that over one-half of the world population now lives in an urban area. See http://www.unfpa.org/swp/.  I think that this report might be worth considering as part of this conversation.

Responding to my own and Rob's earlier posts, Jon Watson writes:

. . .  It strikes me that in your discussion, you haven't mentioned what the role of a Catholic parent ought to be. In my formative Catholic times (still ongoing), my best education hasn't been through RCIA classes or even Church attendance, but through various "parental" mentors - my sponsor, my wife, good priests (where I have been truly blessed), and the Catholic authors and journals I read. How much more important then, than a Catholic school, is the Catholic parent? It strikes me that no school or parish, public or private, will compensate if the parent at home doesn't teach the essentials (and beyond) of the Faith. No parish can teach a follower of Christ as effectively as a parent - no school can educate the follower of Christ as effectively as a parent.
With that, I also think that the "butter or guns" dichotomy between a parish creating followers of Christ and educating young Catholics is a false one. The entire mission of a parish is to create and educate followers of Christ in  metanoia, a continual turning and conversion to Christ, and that mission necessarily includes education about the Faith. Therefore, I think there is room for Prof. Garnett's statement that a parish's most important role is to start Catholic schools (thus educating the community of the faithful) and Prof. Vischer's thought that it is critical to create followers of Christ (the entire Church's role), for one necessarily entails the other and the latter consumes the former.
Well, this post is too long.  Soon, I will post some thoughts in reponse to Lisa's, Rob's, and others'.

Thursday, July 12, 2007

The Lifeboat Hypothetical

Professor Eric Rasmusen is inviting discussion on this "lifeboat hypothetical":

A lifeboat will hold 5 people without sinking in the next storm (an inevitable one), but 6 are in it. All will die unless one is thrown out.

1. Should law and morals allow one person to voluntarily and unilaterally jump overboard and die?

2. Should they be allowed to agree unanimously to draw straws and use a gun to kill one person? (kill, because after he finds he has the short straw he changes his mind)

3. Suppose we know they would all have agreed, but they don’t actually have the discussion. Instead, one of them, a very honest person, draws a straw for each of them. If he had the short straw, he would have killed himself, but he is lucky and Sam has the short straw. He then shoots Sam with the gun and they thrown Sam overboard. Is that OK?

4. Suppose they have a discussion, and they and we know that everyone *would* agree to the scheme if it was a choice between all 6 drawing straws and all of them dying. Sam, however, says: “I won’t agree. I know that even if I hold out, the other 5 of you will do a 5-straw scheme and one of you will go overboard and the rest of us will be saved. So I’m opting out.” Is it OK to include him in the straw scheme anyway, against his will?

5. Suppose that they have a discussion and Sam sincerely says he is opting out because even if his opting out would sink the boat, he doesn’t want to have any chance of being thrown overboard now instead of dying in 30 minutes when the storm hits. And in fact if he doesn’t agree, the resulting bickering will prevent even a 5-straw scheme. Is it OK to include him in the straw scheme anyway, against his will?

Thoughts?  (My quick-take is to say "yes" or "maybe" to (1), but "no" to (2)-(5).)

What does Amnesty International stand for?

Ryan Anderson, in The Weekly Standard, has a piece criticizing Amnesty International's new policy with respect to abortion rights.  Here's a bit:

But even people who differ on these issues can see why Amnesty International's advocacy of abortion is a mistake. It severely weakens its ability to form broad coalitions of human-rights defenders. It makes Amnesty International indistinguishable from all the other standard-issue leftist organizations that cluster around international affairs. Worst of all, it will have disastrous consequences for relations with religious believers--especially Catholics--who will be forced to distance themselves from the organization's other work.

In fact, the Church has already responded. Soon after I publicized the new abortion policy on the First Things website, the news reached the Vatican's Pontifical Council for Justice and Peace. In an interview with the National Catholic Register, the Council's president, Renato Cardinal Martino, said that "individuals and Catholic organizations must withdraw their support," since "by pushing for the decriminalization of abortion as part of their platform, Amnesty International has disqualified itself as a defender of human rights."

Are Catholics too "gregarious"?

Urban-law uber-scholar Nicole Stelle Garnett passes on the following -- which seems relevant to our discussion about cities, law, and the Faith -- from Benjamin Clarke Marsh's An Introduction to City Planning (1909).  (Marsh organized the first American conference on city planning; he was a New York land reformer and early proponent of zoning.)  According to Marsh, planning was a necessary response to urban "congestion", which itself had the following causes:  (1)  Transportation; (2) The growth of commerce; (3) Economic in Manufacturing and Business; (4) Immigration; and (5) Gregariousness.  With respect to (5), he wrote:

This has been a most important factor, particularly in a county which as received so many millions of foreigners iwithin the past few decades.  This quality, however, is not peculiar to the immigrant and although it may be regarded as a serious lapse of the pristine vigor of our people, who used to prefer the hapzards of frontier life to the pleasures and excitements of concentrated populations, nevertheless it must be reckoned as a serious and perpetual factor in social organization.

Da** those gregarious Catholic immigrants.  =-)

Wednesday, July 11, 2007

Still more on cities, schools, and the Faith

Since we're all friends, and (sort of) in response to Rob and Lisa, let me toss out, without necessarily endorsing myself, a bomb:

THE thing -- the most important thing, besides the Sacraments -- that Catholic parishes (urban, rural, and suburban) should be doing (and that dioceses should be doing) is running schools.  This is because the Church should be doing what it takes -- whatever it takes -- to make it really possible (and by "possible," I mean to include "possible given the special needs of many children") for all -- rich, middle-class, and poor -- urban and suburban Catholics to send their children to Catholic schools, which is where all Catholic children should be.

Discuss.  =-)   

More on urbanism

A reader passes on some good "reformed" references and sources on urbanism.  Click here and / or here.

Monday, July 9, 2007

Richard Cohen on the Democrats and Education

Worth a read:

When it comes to education, Democrats are uneducable.

One candidate after another lambasted George Bush, the Republican Party and, of course, the evil justices of the Supreme Court. But not a one of them even whispered a mild word of outrage about a public school system that spends $13,000 per child -- third highest among big-city school systems -- and produces pupils who score among the lowest in just about any category you can name. The only area in which the Washington school system is No. 1 is in money spent on administration. Chests should not swell with pride.

The litany of more and more when it comes to money often has little to do with what, in the military, are called facts on the ground: kids and parents. It does have a lot to do with teachers unions, which are strong supporters of the Democratic Party. Not a single candidate offered anything remotely close to a call for real reform. Instead, a member of the audience could reasonably conclude that if only more money was allocated to these woe-is-me school systems, things would right themselves overnight.

Vouchers, baby.  Vouchers.

"The Case Against Perfection"

Here is Will Saletan's review of Michael Sandel's "The Case Against Perfection."  Here's the end:

In a world without givens, a world controlled by bioengineering, we would dictate our nature as well as our practices and norms. We would gain unprecedented power to redefine the good. In so doing, we would strip perfection of its independence. Its meaning would evolve as our nature and our ideals evolved. The more successfully we engineered I.Q. and muscle-to-fat ratio, the more central these measures would become to our idea of perfection. We already see this phenomenon in our shift of educational emphasis from character to academic testing. We might create a world of perfect SATs, E.R.A.’s and C.E.O.’s. But it would never be a perfect world, because the point of perfection is that its definition doesn’t bend to our will.

This is the real problem with self-engineering. It seizes control of humanity so radically that humanity can no longer judge it. We can’t be certain it’s diminishing us. But we can’t be certain it’s perfecting us, either.

The Pope's letter re: China

Here, thanks to Amy Welborn, is Pope Benedict XVI's letter to the Catholics in China.  I have not seen as much coverage as I would have expected, but maybe I've been looking in the wrong places.

This is a matter in which I am very interested.  (Needless to say, the Pope's tone is more pastoral and charitable than the tone I employed in my op-ed.  I probably would have preferred -- though, of course, I have to admit that the actualization of my preferences would be sub-optimal, pastoral-wise -- a bit more confrontational stance with respect to the Chinese government.)  I'm looking forward to hearing from my betters what, exactly, this letter means for the so-called "underground" Church in China -- and for the so-called Chinese Catholic Patriotic Association.  This seems telling:

Considering "Jesus' original plan", it is clear that the claim of some entities, desired by the State and extraneous to the structure of the Church, to place themselves above the Bishops and to guide the life of the ecclesial community, does not correspond to Catholic doctrine, according to which the Church is "apostolic", as the Second Vatican Council underlined. . . .

Likewise, the declared purpose of the afore-mentioned entities to implement "the principles of independence and autonomy, self-management and democratic administration of the Church" [36] is incompatible with Catholic doctrine, which from the time of the ancient Creeds professes the Church to be "one, holy, catholic and apostolic". . .

Given this difficult situation, not a few members of the Catholic community are asking whether recognition from the civil authorities – necessary in order to function publicly – somehow compromises communion with the universal Church. I am fully aware that this problem causes painful disquiet in the hearts of Pastors and faithful. In this regard I maintain, in the first place, that the requisite and courageous safeguarding of the deposit of faith and of sacramental and hierarchical communion is not of itself opposed to dialogue with the authorities concerning those aspects of the life of the ecclesial community that fall within the civil sphere. There would not be any particular difficulties with acceptance of the recognition granted by civil authorities on condition that this does not entail the denial of unrenounceable principles of faith and of ecclesiastical communion. In not a few particular instances, however, indeed almost always, in the process of recognition the intervention of certain bodies obliges the people involved to adopt attitudes, make gestures and undertake commitments that are contrary to the dictates of their conscience as Catholics. . .

There's a lot more.  Any thoughts?