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.

Monday, January 1, 2007

Abortion in El Salvador: A Correction

From Byron York, at NRO's "The Corner":

New York Times "public editor" Byron Calame has a remarkable story today about a piece that appeared several months ago in the Times Magazine:

The cover story on abortion in El Salvador in The New York Times Magazine on April 9 contained prominent references to an attention-grabbing fact. “A few” women, the first paragraph indicated, were serving 30-year jail terms for having had abortions. That reference included a young woman named Carmen Climaco. The article concluded with a dramatic account of how Ms. Climaco received the sentence after her pregnancy had been aborted after 18 weeks.

It turns out, however, that trial testimony convinced a court in 2002 that Ms. Climaco’s pregnancy had resulted in a full-term live birth, and that she had strangled the “recently born.” A three-judge panel found her guilty of “aggravated homicide,” a fact the article noted. But without bothering to check the court document containing the panel’s findings and ruling, the article’s author, Jack Hitt, a freelancer, suggested that the “truth” was different.

The issues surrounding the article raise two points worth noting, both beyond another reminder to double-check information that seems especially striking. Articles on topics as sensitive as abortion need an extra level of diligence and scrutiny — “bulletproofing,” in newsroom jargon. And this case illustrates how important it is for top editors to carefully assess the complaints they receive. A response drafted by top editors for the use of the office of the publisher in replying to complaints about the Hitt story asserted that there was “no reason to doubt the accuracy of the facts as reported.”

Calame says the response was written by Craig Whitney, the Times' standards editor, and approved by Gerald Marzorati, editor of the magazine.  When Calame got in touch with them about the issue, they said no correction was necessary:

After the English translation of the court ruling became available on Dec. 8, I asked Mr. Marzorati if he continued to have “no reason to doubt the accuracy of the facts” in the article. His e-mail response seemed to ignore the ready availability of the court document containing the findings from the trial before the three-judge panel and its sentencing decision. He referred to it as the “third ruling,” since the trial is the third step in the judicial process.

The article was “as accurate as it could have been at the time it was written,” Mr. Marzorati wrote to me. “I also think that if the author and we editors knew of the contents of that third ruling, we would have qualified what we said about Ms. Climaco. Which is NOT to say that I simply accept the third ruling as ‘true’; El Salvador’s judicial system is terribly politicized.”

I asked Mr. Whitney if he intended to suggest that the office of the publisher bring the court’s findings to the attention of those readers who received the “no reason to doubt” response, or that a correction be published. The latest word from the standards editor: “No, I’m not ready to do that, nor to order up a correction or Editors’ Note at this point.”

Excuses, excuses

Happy New Year to all.  Or, I should say, happy Solemnity of Mary, Mother of God.

Apologies for the light blogging.  For the past few days, my family and I have been making the move to Chicago, where the Other Professor Garnett and I will be teaching this Spring.  Any advice from Chicago-area MOJ-readers about parishes would be much appreciated.  Our local parish, St. Thomas the Apostle, is lovely, and convenient.  But, the pastor is a bit too . . . creative? . . . with the liturgy for my taste.

Walking around Hyde Park / Kenwood yesterday, and then -- after that -- braving the traffic of Lincoln Park, I was reminded, yet again, of MOJ-friend Phil Bess's contention that, as a matter of natural law, human beings ought to make and live in walkable, mixed-use settlements. 

Thursday, December 28, 2006

"Winter Games"

In this piece, "Winter Games," from the Dec. 22 issue of the New Republic, Michelle Cottle describes the now-annual ritual of fights over Christmas displays as "Christmas' war on multiculturalism."  Huh?  A misprint?  Anyway -- at the end of the day, it's a reasonable piece.  Too bad she had to clutter it up with cheap shots ("nutters" and "Christmas crazies") about those who resent (what strikes me as) the bizarre insistence in some quarters on pretending that the reason we, in the West, have a big holiday in late December is not the birth of Jesus Christ.  Still, I admit, her suggestion -- "unclench and have a cup of frigging eggnog" -- seems a good one.

China's bishops

Joseph Cardinal Zen of Hong Kong has apparently called on Pope Benedict XVI to excommunicate China's state-appointed bishops.  Another reason to feel guilty, I suppose, about the recent influx into my house of low-priced, "made in China" toys.

Gibson, "Apocalypto," and violence

Here is Thomas Hibbs (Baylor), writing about the possibilities for a collaboration between Mel Gibson ("Apocalypto") and M. Night Shyamalan ("Signs").  And, here is Rod Dreher, commenting on the former:

. . .  I can't think of a film that is at once so violent and such a protest against violence. For me, the key moments of "Apocalypto" come atop that high altar, when the high priest is ripping the hearts out of and decapitating prisoners, while the bored royal family looks on. They've seen it all before. This is their "normal." Their ho-hum, anesthetized reaction to the unbelievable sadism they're inflicting on human beings is more shocking than any disembowelment. When I saw that, I thought about the concentration camp workers who went about their satanic jobs, then went home to their wife and kids and slept peacefully. And I thought about our ancestors who, not terribly long ago, enslaved Africans and treated them with similar barbarism, and yet were quite civilized. And I thought about how we today are even more civilized, yet we tolerate this -- and indeed quite a few Americans see this as a virtual sacrament. The Mayans in the "Apocalypto" grotesquely sacrificed innocent humans so that they could live as they wished to live; so do we, in our way. I came away from "Apocalypto" unsettled, convinced in an unfamiliar way that there is something deeply, deeply wrong with us humans. We are born to trouble and violence, and will to power.

Sunday, December 24, 2006

Abortion and pain: Update

I blogged earlier about the Unborn Child Pain Awareness Act, and expressed regret that many of the Democrats who, by their voting, indicate a concern about the humane treatment of animals nevertheless voted against the Act.  I also suggested that the Act "would seem . . . the kind of non-prohibitory, educational, conscience-raising measure that, it is often suggested by pro-lifers on the political left, pro-life people can and should support."

Over at Crescat Sententia, "Quaker" writes, in response:

I was reminded, reading this post, of the argument that the information which would be required is substantially false and misleading. Now, I haven't read up on the research in question, and it could be that this argument is false (though Prof. Garnett does not attempt to so demonstrate). Yet if that argument is not false, why is it inconsistent with pro-life principles to object to a requirement that doctors provide false information to their patients, even in the area of abortion? To put it slightly differently, it seems to me one could very well argue that bills that are merely tendentious ax-grinding unmoored from the best scientific understanding make it harder, rather than easier, to find common ground on the evils of legal abortions, etc. Which vote, then, is more consistent with being pro-life?

I agree entirely that doctors should not provide, and that law should not require doctors to provide, information to patients that is not true.  And, it is entirely fair for Quaker to note that, in my post, I assumed that the required information was not false.  [UPDATE:  This assumption of mine is, I think, quite justified.  See this response to the claim, to which Quaker linked, that unborn children don't feel pain.]  I also embrace entirely the idea that the discussion (and regulation) of abortion should be informed, to a greater extent than it is now, by our "best scientific understanding[s]."

Catholic mega-trends

A great piece by NCR's John Allen, on "ten mega-trends shaping the Catholic Church."  Can anyone (readers or bloggers) think of any that he missed?

Religion and "values"

In this Times (London) op-ed, the editors contend that "the real strength of religion today rests in its values":

The truths of Christianity, Islam, Judaism and the other world faiths that command the respect of millions do not lie in items of clothing or the display of insignia. They lie in the eternal verities of human relations, the selfless practice of morality and in Man’s relationship with God. But in our materialistic age, two trends have become apparent: a growing intolerance towards the faithful by an increasingly secular society; and a retreat into symbolism by those who are firm in their faith and increasingly contemptuous of that secular society.

It is the nature and claims of secular society that have largely provoked both these tends. As society has become increasingly atomised, with the frequent break-up of families, greater mobility and a more frenetic pace of life, so we lay ever more responsibility on our nanny state to legislate for happiness, opportun-ity and personal “rights”.

So far, so good.  Next:

True faith should not be a source of conflict. Faith should instead be a force for cohesion — social, spiritual and ethical. Religion that is perverted to become akin to a totalitarian philosophy is no true religion, but a politicisation and distortion of faith. That is what is wrong with extremism and intolerance, whether it be al-Qaeda killers who murder in the name of Islam or the Ku Klux Klan that trumpets its “Christian” values.

The essence of belief is in valuing all life and acknowledging individual differences. That necessarily makes tolerance a fundamental principle in Western societies that are multi-ethnic and multi-cultural. And if and where this principle conflicts with religious claims to a monopoly of righteousness and spiritual guidance, those claims must be questioned by adherents as well as by opponents.

The force of this assertion depends, I suppose, a lot on what the writer means by "religious claims to a monopoly of righteousness and spiritual guidance."  If the argument is "non-judgmentalism is a fundamental principle of free society and so religious truth claims are inherently suspect and, indeed, inadmissible in such a society," then, well, I'm unmoved.  If it is just that "religious believers who imagine that only those who share their beliefs are decent people, worthy of respect and just treatment," then the claim is unassailable, though somewhat trivial. 

Religion is about much more than values; the Faith is about more than "ethics"; and insisting on "cohesion" is, to me, far more troubling than recognizing the disagreements and divisions that always come (unless they are suppressed) with pluralism.

A Christmas Poem

From G.K. Chesterton:

The Christ-child lay on Mary's lap,
His hair was like a light.
(O weary, weary were the world,
But here is all aright.)

The Christ-child lay on Mary's breast
His hair was like a star.
(O stern and cunning are the kings,
But here the true hearts are.)

The Christ-child lay on Mary's heart,
His hair was like a fire.
(O weary, weary is the world,
But here the world's desire.)

The Christ-child stood on Mary's knee,
His hair was like a crown,
And all the flowers looked up at Him,
And all the stars looked down

"Nuevo Catholics"

Maybe it's just because today is Christmas Eve, but the Times is having a good day.  This long essay, "Nuevo Catholics," from the magazine is a thorough and engaging look at the transformation of the Catholic Church in America associated with Latino immigration, especially immigration from Mexico.  The discussion of the Virgin of Guadalupe, the Cristeros, and the deep devotion of Spanish-speaking Catholics is rich, and welcome.   

True, there are a few tinny moments, like this:

Within certain orders active in Los Angeles, above all the Jesuits, campaigns for social justice continue to loom large, and it sometimes can seem as if the social commitments of the church of an earlier era are alive and flourishing in L.A., no matter what the current Vatican line may be.

"Current Vatican line"?  Whatever.  Is the suggestion that the "current Vatican line" is somehow not consonant with concerns about social justice?  I also think the piece also moves a bit too quickly, in the effort to highlight Cardinal Mahoney's commendable commitment to the Latinos in his diocese, past the quite reasonable concerns about his leadership generally, and about his role in the sexual-abuse scandal.  Still, it's an inspiring Christmas read, I think, and one that leaves the reader -- this reader, anyway -- with a lot of hope.