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, February 8, 2007

"Bucking the trend"?

USA Today reported the other day ("Wider Death Penalty Sought") that "[a]t least a half-dozen states are considering broadening the death penalty, countering a national trend toward scaling back its use."  I wonder, though -- does the "bucking the trend" claim rely on an apples-and-oranges comparison? 

On the one hand, several states' legislatures are, it appears, expanding (slightly) the reach of their death-penalty laws (Texas and Tennessee, for example, are considering proposals to "include certain child molesters who did not murder their victims").  On the other, we have some executive moratoria, and several courts have stopped executions until arguments about the lethal-injection process are resolved. 

Maybe this is getting too nit-picky, but I am not sure I see a conflict between (a) enlarging the set of crimes for which death is a legally authorized and (according to the legislature) morally permissible punishment (I'm putting aside questions about whether the expansion is constitutionally permissible), and (b) halting executions -- temporarily -- while certain procedural problems are addressed and remedied.

Also, I wonder -- how would / should these legislative proposals factor into the Court's Atkins / Roper / "evolving standards" analysis? 

"Catholicism and American Freedom" in Chicago

On February 15, at 4 p.m., the Lumen Christi Institute is hosting an event -- a panel discussion, part of the Institute's Yves Simon series -- in Chicago dedicated to my friend and colleague John McGreevy's recent book, "Catholicism and American Freedom."  (I'm a big fan of the book.  My review is here.)  I and several others will be offering some thoughts on John's book.  If you are in or near Chicago, check it out!

America's favorite buildings

Results of a new survey regarding Americans' favorite buildings suggest (a) we're not wild about contemporary stuff and (b) we don't think there are many beautiful Catholic churches.  Out of the top 150 buildings, only one (St. Patrick's in New York City) made the list.  Should we care about this?  That is, should we care that we have not (apparently) been building beautiful churches (or, churches that people *think* are beautiful)?

Wednesday, February 7, 2007

The Big Day

So, the elections are over, Christmas has come and gone, the BCS games are (thankfully) a fading memory, the commercial-fest -- I mean, Super Bowl -- is done . . . and so, now, finally, today we can get to what really matters:  Duke and Carolina, in Cameron.  Go Devils.

Monday, February 5, 2007

Creeping death

Swiss Court extends right to physician-assisted suicide, to those with incurable "serious mental disorders."  Read more here.

Searching for Flannery

A nice piece, from the NYT travel section, about Flannery O'Connor's Georgia stomping grounds:

O’Connor’s short stories and novels are set in a rural South where people know their places, mind their manners and do horrible things to one another. It’s a place that somehow hovers outside of time, where both the New Deal and the New Testament feel like recent history. It’s soaked in violence and humor, in sin and in God. He may have fled the modern world, but in O’Connor’s he sticks around, in the sun hanging over the tree line, in the trees and farm beasts, and in the characters who roost in the memory like gargoyles. It’s a land haunted by Christ — not your friendly hug-me Jesus, but a ragged figure who moves from tree to tree in the back of the mind, pursuing the unwilling.

Many people — me for instance — are in turn haunted by O’Connor. Her doctrinally strict, mordantly funny stories and novels are as close to perfect as writing gets. Her language is so spare and efficient, her images and character’s speech so vivid, they burn into the mind. Her strange Southern landscape was one I knew viscerally but, until this trip, had never set foot in. I had wondered how her fictional terrain and characters, so bizarre yet so blindingly real, might compare with the real places and people she lived among and wrote about.

Hence my pilgrimage to Milledgeville this fall, and my race against the setting sun.

More on the U.K. adoptions matter

Cardinal Cormac Murphy-O'Connor writes, "Regulation Must Not Trump Conscience":

The deepest convictions of the Jewish, Christian, Islamic and Sikh faiths are that a child prospers in the care of a father and a mother.

Leaders of these faiths have appealed for space in which this conviction can be respected in the public sector. They have appealed for respect for their religious conscience, so that the contribution of well-established agencies, working for the common good, such as Catholic adoption agencies, can continue. These appeals have been turned down. We are being told that, in this matter of adoption, religious conscience is over-ruled by regulation.

There is no doubt that holding together a wide range of convictions in a society in which public authorities strive to be secular is a difficult task. But being secular does not mean closing down the space in which religious conviction and motivation can shape and contribute to the common good.

"Three weaknesses"?

This from ZENIT:

Vatican Official Notes Catholics' 3 Weaknesses

Challenge Is to Return to Roots, He Says

TREVISO, Italy, JAN. 29, 2007 (Zenit.org).- The modern Catholic world suffers from three main weaknesses, says the secretary of the Pontifical Council for Justice and Peace.

According to Bishop Giampaolo Crepaldi, Catholics during the last decades have shown the following weak points: the promotion of the notion of secularism as neutrality, thus weakening its identity; an inability to understand that the issues of life and bioethics are also social and political issues; and the failure to promote the Church's social doctrine in a systematic and comprehensive manner.

The Vatican official opened a recent seminar on "The Common Good and the Social Doctrine of the Church from the Second Vatican Council to Benedict XVI."

"We have all endured many difficult periods in our recent history," said Bishop Crepaldi at the Jan. 20 seminar, sponsored by the Italian episcopal conference. "We have not always succeeded, despite the careful guidance of the magisterium, in resisting leaps forward, partisan interpretations and the weakening of our identity.

"A theology of the separation between faith and politics has been alternating with a theology of direct engagement, while, at the same time and almost undetected, a culture of agnosticism and relativism was advancing, becoming imposing and almost dictatorial, striking the very heart of the Christian message and radically hindering its reception."

Bishop Crepaldi contended: "Once we lose sight of the fact that man is 'capax veritatis,' it is impossible to think that he can be 'capax Dei.'"

According to the prelate, the current Catholic challenge is to reflect in depth on "our own roots because the anthropological question has now become the social question."

"We will not be able to make a valid contribution to the common good," he said, "unless we expand the culture of life, from bioethics and beyond bioethics, and succeed in making it a true social and political culture."

Sunday, February 4, 2007

Nichols on human rights and religion in China

Here's an interesting-looking paper, by Joel Nichols, "Dual Lenses:  Using Theology and Human Rights to Evaluate China's 2005 Regulations on Religion."

In order for China to move forward in the international community, it needs to continue to improve its standing on human rights issues. Of particular concern to many observers is the relationship between the government and religion. While foreign religious organizations and missionaries are still heavily regulated by a 1994 law, a new law respecting religious citizens and organizations within China went into effect in 2005. This new law is salutary in some respects in that it provides a much fuller delineation of the relationship between government and religion within China, and it appears more solicitous toward religious rights than previous regulations. But the new law is very vague in places and contains several provisions that could be troublesome and problematic depending on how and whether they are implemented.

This paper is primarily built on a lecture given at Fuller Theological Seminary in 2005. Its premise is that international human rights laws are a useful but not sufficient benchmark by which to assess China's law. It is also important to understand the theological premises of some of the religious communities and believers for a broader measure of the efficacy and fairness of China's law. By focusing upon and using these dual lenses of law and religion, the paper offers both preliminary assessments of the 2005 law and also some possible ways forward that will further China's efforts to respect its heritage while simultaneously allowing it to better align itself with prevailing international norms regarding religious rights and obligations.

Friday, February 2, 2007

'Til We Have Built Jerusalem

I've mentioned his work a lot here at Mirror of Justice, I know, but I cannot resist, yet again, plugging Philip Bess's new book, "'Til We Have Built Jerusalem:  Architecture, Urbanism, and the Sacred."  I have my copy, and am loving it:  Chesterton and Nietzsche, Wrigley Field and Fenway Park, "A Proposal for Catholic Churches in the 21st Century," and Van Eyck -- it's all here.