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, December 29, 2016

St. Thomas Becket and Magna Carta

I'm reposting a nice entry from Michael Moreland, from two years ago:

 

Becket

Today is the Feast of St. Thomas Becket, murdered on this date in 1170. I've reposted below a post from 2012 with an excerpt from John Guy's fine biography of Becket.

And for those looking to learn more about medieval English law and its legacy, I commend the exhibit on Magna Carta now on display at the Library of Congress in Washington, including a rare viewing of the Lincoln Cathedral original of Magna Carta. It was Henry II's feckless youngest son John, of course, who was forced to issue Magna Carta in 1215. And the (likely) principal author of Magna Carta was Becket's successor as Archbishop of Canterbury, Stephen Langton, who, like Becket, was forced into exile in France by the King but returned to England to lead the struggle against an overweening monarch. Recall that the first clause of Magna Carta is: "That We have granted to God, and by this present charter have confirmed for us and our heirs in perpetuity, that the English Church shall be free, and shall have its rights undiminished, and its liberties unimpaired." ("In primis concessisse Deo et hac presenti carta nostra confirmasse, pro nobis et heredibus nostris in perpetuum quod Anglicana ecclesia libera sit, et habeat jura sua integra, et libertates suas illesas.")

From December 29, 2012:

A blog devoted to Catholic legal theory can hardly let pass today's Feast of St. Thomas Becket (c.1181-1170). Peter Glenville's 1964 film with Richard Burton as Becket and Peter O'Toole as Henry II is a classic. More recently, the eminent Tudor historian John Guy (author of a number of fine books on Thomas More) has written a splendid biography of Becket--a taste here:

For his attack on the church's claim of immunity from secular jurisdiction, Anglo-American lawyers and constitutional historians in the nineteenth century would put on rose-colored spectacles and reinvent Henry as a legal reformer avant la lettre, a pioneer of fair trials and equality before the law who paved the way for some of the most important clauses later incorporated into Magna Carta and the U.S. Constitution and Bill of Rights. In reality, however, his actions showed that the rights of the accused could always be overridden by political considerations and the king's will. Far from remodeling the legal system and the courts in the interests of justice and the common good, Henry sought to strengthen his own power. And far from being a pioneer of "equitable" or "impartial" justice, he happily presided over his own court in the Battle Abbey case and at Becket's trial for embezzlement and false accounting at Northampton, acting simultaneously as chief counsel for the prosecution, judge, and jury. In response, Thomas would prove that a middle-class Londoner could transcend his social origins and challenge a ruler who he believed was degenerating into a tyrant, but it would cost him his life. Thomas More would take a similar path in Henry VIII's reign, and it may be no coincidence that More's working library contained many of the same books as Becket's.

John Guy, Thomas Becket: Warrior, Priest, Rebel (Random House, 2012), p. 338.

St. Thomas Becket, pray for us!

 

No automatic alt text available.

Thursday, December 22, 2016

"The Spiritual Crisis of the Modern Economy"

I don't agree with everything in this piece by Victor Tan Chen, but I think it makes a number of good, challenging claims -- echoing, in places, things that Rusty Reno has been saying at First Things or that Murray, Putnam, and Vance have highlighted in their recent books (and that our own Paul Horwitz has blogged about).  It is particularly worth a read, maybe -- as we're grading law-school exams, writing recommendation letters, etc. -- by those of us who are privileged/blessed to work in institutions that play such a large role in driving the competitive, exhausting meritocracy and in providing the credentials, merit-badges, and networks that are increasingly required for access to the upward mobility, social status, and the cognitive and other elites.  Here's just a bit: 

One possible answer . . . is the notion of grace—a stance that puts forward values that go beyond the “negatives” of the narrow secular creed and connect with individuals of diverse political viewpoints, including those hungry for more in the way of meaning than the meritocratic race affords. . . .

The concept of grace comes from the Christian teaching that everyone, not just the deserving, is saved by God’s grace. Grace in the broader sense that I (an agnostic) am using, however, can be both secular and religious. In the simplest terms, it is about refusing to divide the world into camps of deserving and undeserving, as those on both the right and left are wont to do. It rejects an obsession with excusing nothing, with measuring and judging the worth of people based on everything from a spotty résumé to an offensive comment.

. . . At the same time, grace reminds the well-educated and well-off to be less self-righteous and less hostile toward other people’s values. Without a doubt, opposing racism and other forms of bigotry is imperative. There are different ways to go about it, though, and ignorance shouldn’t be considered an irremediable sin. Yet many of the liberal, affluent, and college-educated too often reduce the beliefs of a significant segment of the population to a mash of evil and delusion. . . .

Really, though, the people who could learn from grace are the prosperous and college-educated, who often find it hard to empathize with those—both white and nonwhite—who live outside their sunny, well-ordered worlds. When people are not so intent on blaming others for their sins—cultural and economic—they can deal more kindly with one another. Grace is a forgiving god.

Wednesday, December 21, 2016

"Erroneous Autonomy" conference at Catholic University of America

Prof. Stephen Schneck passed on to me a notice about an upcoming conference ("Erroneous Autonomy:  The Dignity of Work") at Catholic University of America that might be of interest to MOJ readers.  Michael Sean Winters blogs about the event here.  

The event is co-sponsored, it appears, by the AFL-CIO and that union's President, Richard Trumka, is one of the speakers.  (I'm afraid I was not invited to explain that and why the Church's social teachings regarding the dignity of work and the freedom of association do not, contrary to the suggestions of some, provide support for public-employee unionism as it exists and is practiced in the United States.  Maybe next time.) 

I continue to suspect that the anti-libertarianism campaign of some Catholics who are political progressives often sets up straw men (i.e., attacks as "libertarian" or "Randian" positions that do not depend on or reflect the unsound anthropological premises of philosophical libertarianism). Here's a post I did a little while ago (on the occasion of an earlier CUA conference in this series), that tries to develop this concern.  

Monday, December 19, 2016

Leiter on the need for "religious orthodoxy" to "die[] out"

In this brief, bracing blog post, Prof. Brian Leiter (Chicago) states that "Until religious orthodoxy of whatever stripe dies out, humanity will be at risk, alas."  Hmmm.  Putting on my University of Chicago green-eye-shade, I'm pretty sure that -- going strictly on the evidence, of course -- humanity's smart welfarist move, behind the "veil of ignorance" and all that, is to prefer "religious orthodoxy" to the other, rival kinds.

Friday, December 16, 2016

A podcast on the "Future of Religious Liberties"

Thanks to the folks at the Federalist Society for hosting a conversation -- now a podcast, available here -- between our own Tom Berg and me about "the future of religious liberties under the new administration."  Check it out!

Tuesday, December 13, 2016

Mary Ann Glendon on "Reclaim[ing] Human Rights"

In case you missed it, Prof. Glendon had this helpful piece -- "Reclaim Human Rights" -- in First Things, a few months ago.

 

Ridiculous anti-school-choice railing in the New York Times

Perhaps it should not come as a surprise from the author of a book called "The Good News Club:  The Christian Right's Stealth Assault on America's Children", and perhaps it should no longer come as a surprise on the editorial pages of the New York Times, but this piece, "Betsy DeVos and God's Plan for Schools", is an over-the-top, utterly ridiculous, innuendo-driven hit-job on school choice (and, indeed, on parents' right to choose religious schools).  It tells us almost nothing about the mainstream school-choice movement.  The Times has been running a steady stream of anti-education-reform pieces in recent days, which suggests that, notwithstanding the fact that a Trump Administration is reasonably regarded as presenting any number of risks and dangers, the Times is particularly solicitous toward the self-interest of the "education blob."

The Atlantic Bishops' (of Canada) "Pastoral Letter on Medical Assisted Dying."

It's available here.  At the risk of being called "legalistic" or "rigorist" or of being accused of not "getting" Pope Francis's emphasis on accompaniment . . . I think the letter is really disturbing.  It starts out bad -- with the title -- and doesn't get much better.  What Canadian Catholics -- and, indeed, the whole world (read Chuck Lane on Europe's "morality crisis") -- need to hear at this moment is not euphemizing, but instead clarity, about euthanasia.

Camosy on health-care policy, Rep. Paul Ryan, and Catholicism

Prof. Charles Camosy (Fordham) has a piece in the Washington Post called "Millions of Lives Are in Paul Ryan's Hands.  His Catholicism Is Our Only Hope."   He writes, among other things, that "Ryan’s proposal is deeply problematic — especially for the most vulnerable. And for Catholics, that’s a serious problem. Although Catholics had plenty of reasons to critique the ACA, including understandable concerns about the Obama administration’s health policy steamrolling individuals and communities who cannot in good conscience participate in abortion, the overall effort to make health care as accessible as possible is, by Catholic standards, a worthy goal."  And, he concludes with this:

Ryan’s commitment to the Catholic Church means that he ought to rethink his health-care reform proposals and make sure that — instead of privileging the young, wealthy and healthy — they instead lift up the sick, poor and old. It is through these populations, after all, that Christ comes to us today. Indeed, Christians are told that it is how we treat them that will determine our ultimate fate after death.

We found trillions of dollars to fight unnecessary wars overseas. We are likely to find them for a huge, bipartisan infrastructure project. There is no excuse for not finding them to make sure that the least among us have the health care they are owed. To do any less means abandoning people bearing the face of Christ Himself.

Prompted by Charlie's piece, I want to put aside some questions I have about whether "owed" is the best word to use here and instead to ask . . . how should someone who aspires to do the Right Thing with respect to health-care policy (which is, in my view, impossible to separate from other policy matters, including those relating taxation, nutrition, litigation, etc.) approach the matter?  I admit . . . I genuinely don't know.  The more "progressive" sections of my social-media feeds reflect a deep, almost religious (though often unexamined) conviction that the answer is easy:  "A single-payer system in which 'market forces' don't determine the costs or availability of services."  It seems clear to me, though, that it is not possible to eliminate (as opposed to regulate) 'market forces' entirely from this (or almost any other) domain because people -- being people -- respond to incentives.  In the more "conservative" sections, I sometimes sense a failure to appreciate the fact that it is in all of our interests, for many reasons, that the public authority attend to citizens' health and well-being.  So again:  What should we do?  How do we move -- in an effective and, yes, reasonably efficient way -- all of the relevant variables in the right directions?

A few things, that seem relevant to this discussion, seem to me to be the case (I'd like to hear from others whether and in what ways they disagree).  In no particular order (and putting aside my view that some things which are treated in contemporary debates as "health care", e.g., euthanasia and elective abortions, are not):

 - The public money that is available for health-care-related programs is non-infinite (even if one thinks there is more to be had through increased taxation), and so spending on such programs involves, at least to some extent, trade-offs.

 - We should not tax-and-spend (on anything, including health-care programs) at levels that endanger national security, or that cause excessive harm to the economy-in-general, or that impose unfair burdens on the next generation(s).  

 - We should be clear-eyed and candid -- and also always non-negotiably committed to the equal dignity of every human person, regardless of age, disability, etc. -- when deciding how to allocate health-care-related funds as between, say, pre-natal, early-childhood care, and preventive care, on the one hand, and experimental, aggressive, and "futile" care, on the other.  (More bluntly - any conversation about single-payer systems has to include conversations about, e.g., morally defensible triage, rationing, and tort/malpractice reform.)

 - It is not always unfair or otherwise wrong to, when designing a health-care-provision regime, require people to bear the risks of freely chosen unhealthy or dangerous behaviors.

I could probably think of more, but this is enough for now, maybe.  Like I said, I'd welcome other bloggers' "takes" on this.  This isn't a "politics" or a "policy" blog, I realize, and I mean to be inviting a conversation about what the Church's social teachings tell us about the ends, the limits, and the design of legal regimes, in a particular area.

(And yes, I admit:  I'm avoiding grading.)