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, June 18, 2015

The Velveteen Rabbit and human dignity

Just a bit from the encyclical:

In the first creation account in the Book of Genesis, God’s plan includes creating humanity. After the creation of man and woman, “God saw everything that he had made, and behold it was very good” (Gen 1:31). The Bible teaches that every man and woman is created out of love and made in God’s image and likeness (cf. Gen 1:26). This shows us the immense dignity of each person, “who is not just something, but someone. He is capable of self-knowledge, of self-possession and of freely giving himself and entering into communion with other persons”.37 Saint John Paul II stated that the special love of the Creator for each human being “confers upon him or her an infinite dignity”.38 Those who are committed to defending human dignity can find in the Christian faith the deepest reasons for this commitment. How wonderful is the certainty that each human life is not adrift in the midst of hopeless chaos, in a world ruled by pure chance or endlessly recurring cycles! The Creator can say to each one of us: “Before I formed you in the womb, I knew you” (Jer 1:5). We were conceived in the heart of God, and for this reason “each of us is the result of a thought of God. Each of us is willed, each of us is loved, each of us is necessary”.39 . . .

84. Our insistence that each human being is an image of God should not make us overlook the fact that each creature has its own purpose. None is superfluous.

Now, review "The Weight of Glory"!

Jeb Bush and John F. Kennedy

In this New York Times piece, Andrew Rosenthal discusses former Gov. Jeb Bush's recent statement that:

“But I love … first of all, Pope Francis is an extraordinary leader,” he said. “He speaks with such clarity,” Mr. Bush said. “He speaks so differently and he’s drawing people back into the faith, all of which as a converted Catholic now of 25 years I think is really cool.”

But, Mr. Bush said, “I don’t get economic policy from my bishops or my cardinals or from my pope.” He added that “religion ought to be about making us better as people and less about things that end up getting into the political realm.”

Although I admire a lot about Gov. Bush's views and record, I had been preparing to do a post, along the line of Rod Dreher's, criticizing Bush's statement for it's wrongheaded sharp distinction between "making us better people" and "the political realm."  As Dreher says, "Catholic Christianity is not focused only on personal piety, but has a broad social dimension as well[.]"  But then along came the Rosenthal piece, which manages, at the same time, to (a) hold up the JFK speech as a model of the right way to think about religion-and-politics while (b) blaming Bush for not being more like JFK.  As I see it, Bush's mis-step was precisely in echoing JFK (on this particular point).  According to Rosenthal:

Mr. Bush is perfectly O.K. with government imposing the religious values he shares on women who make the difficult decision to have an abortion, or simply to get prenatal care or contraceptive services. He doesn’t want to hear from “his cardinals” on economic issues, but apparently thinks the right wing’s religious views should dominate on the civil rights issue of allowing people to marry whomever they choose, regardless of gender. He’s O.K. with laws that allow discrimination against same-sex couples based on the religious beliefs of business owners.

And he had no problem when he was governor of Florida acting on his personal religious views to thrust himself into the agonizing decision of Terri Schiavo’s family to disconnect her feeding tube after she had been in a persistent vegetative state for over a decade.

Well, there's a lot of question-begging going on here, I think, involving the distinction between "acting on . . . personal religious views" or "imposing . . . religious values" and . . . supporting and executing laws in accord with one's understanding of the common good, human dignity, and political morality?  It's an old point, but it's also always worth making:  The equality norm that Rosenthal (and others) fault Bush (and others) for disregarding in, say, the abortion context is, at the end of the day, inextricably indebted to "religious views" and "religious values."  

Wednesday, June 17, 2015

"Why Work?"

A good friend sent along, a few days ago, a wonderful essay -- one that I cannot believe I hadn't encountered before! -- by Dorothy Sayers called "Why Work?"  "Work," she contends (sounding very much like Laborem Excercens) "should be looked upon, not as a necessary drudgery to be undergone for the purpose of making money, but as a way of life in which the nature of man should find its proper exercise and delight and so fulfill itself to the glory of God."  Her critique of what already seemed (50 years ago!) a crassly superficial and consumption-oriented post-War economic situation seems prescient.

Other nuggets include "[t]he only Christian work is good work well done" and "God is not served by technical incompetence; and incompetence and untruth always result when the secular vocation is treated as a thing alien to religion[.]"   But, there's a lot more, and the piece certainly does not map nicely onto today's political and partisan lines and distinctions.  Check it out.

 

Tuesday, June 16, 2015

Decarbonization and abortion

At the Commonweal website, Anthony Annett has posted links to Margaret Archer's response  to a recent piece by Stefano Gennarini in which the latter (fairly, in my opinion) expressed concerns about Archbishop Sorondo's defense of the decision to include Jeffrey Sachs and Ban Ki-moon at a recent Vatican conference on climate change.  I don't want to weigh in on that dust-up, though (well, maybe a little . . . I think Archbishop Sorondo and Archer were simultaneously more defensive and aggressive than was warranted), and instead wanted to say just a bit about Anthony's statement, here, that:

So let the response to such provocation be: “I oppose abortion, but do you oppose decarbonization”? I would like to hear an answer to that question from Stefano Gennarini, George Weigel, Robbie George, Raymond Arroyo, Bill Donohue and all others who seek to downplay and dismiss these concerns.

I would argue that, from a moral perspective, opposing decarbonization is not that different from supporting legalized abortion—you might not be the acting moral agent, but you are still complicit in the structures of sin. Putting it another way, it might not be formal cooperation with evil, but it is certainly material.

I certainly do not "dismiss" concerns about the dangers posed to human well-being by failures to take care of our natural (as well as moral) ecology.  I do worry, though, about connecting too closely something as amorphous as "decarbonization" with the moral wrong of abortion.  I assume that it makes good sense and is the right thing to do to try -- in a way that makes sense and in which the reasonably foreseen costs are not exceeded by the reasonably foreseen benefits -- to "decarbonize" our local, national, and global economies (by, for example, facilitating the increased reliance on nuclear energy).

But, it also seems to me crucial to recall that, with respect to any particular elective abortion, we can say "those who performed and procured that abortion wronged the unborn child, who had a human right not to be violated, and it is unjust that our positive laws permitted that wrong to be done."  It is harder to say, when we observe our neighbor driving by on her way to drop the kids off at school on the way to work, "that neighbor of mine is committing a wrong and it is unjust that she is allowed to do so."

Now, Anthony talks about "material" cooperation and complicity in "structures of sin," and so he might well not disagree with what I said in the previous paragraph.  But, I guess I still have strong reservations about the suggestion that "opposing decarbonization" is similar to supporting abortion -- in part because I assume that none of thinkers Annett mentions "oppos[e] decarbonization" but instead oppose "the idea that decarbonization is a moral imperative that floats above cost-benefit analysis -- that is, the costs and benefits to the flourishing, health, and development of human persons -- of particular decarbonization proposals and policies." 

Monday, June 15, 2015

Horrifying

Something to keep in mind -- and tell others about -- whenever it is suggested that it is "scare-mongering" or "paranoid" to warn about how quickly and far off-the-rails we are going when it comes to respecting the dignity of disabled human persons:

Spain, like the rest of Western Europe, has made gentle peace with the idea of abortion on demand for any reason, including — or perhaps especially — a diagnosis of Down syndrome. This was on naked display this week in Madrid, where Genoma, a Swiss biotechnology company, debuted a building-sized banner advertisement for its latest “non-invasive” prenatal test for Down syndrome. The name of the test — “Tranquility,” could it get any creepier? — stretches out in broad letters above the soft-focus photo of a young girl with Down syndrome.

Read more at: http://www.nationalreview.com/article/419736/abortion-friendly-firm-spain-uses-girl-down-syndrome-its-ads-matthew-hennessey

Do Pro-lifers have a "logic problem"?

Dana Milbank says "yes," in this WaPo piece.  Commenting on proposed legislation in the Senate that would closely regulate all late-term abortions, Milbank -- following Slate's Will Saletan -- charges Sen. Lindsey Graham and others with illogic (and worse):  "Opposing late-term abortions does next to nothing to reduce abortions, but it works well with Republican presidential primary voters. Broadening the use of contraceptives would seriously reduce abortions, but it would be poisonous to the GOP primary electorate."  He adds:

Yet pro-life groups refuse to take up the cause of birth control, because so many of their supporters have problems with that, too. “They’ve betrayed the one thing they stand for, which is reducing abortions,” Saletan said.

Put aside, for now, what strikes me as the very implausible claim that the declining numbers of abortions has little to do with the increased regulation of abortion facilities and providers.  (Put aside also the intriguing possibility that baby pictures on Facebook and higher-tech sonograms are contributing.)  And, let's concede for the sake of argument that increased access to contraception does not only correlate with, but also contribute to, a reduction in the number of abortions.

It is not "illogical," it seems to me, for someone to say (a) "X is unjust and harmful -- in fact, X involves a seriously immoral act of violence on an innocent person.   Accordingly, the public authority should prohibit, to the extent possible, X, just as it would prohibit other seriously unjust and harmful acts" while at the same time not saying (b) "we will pursue and enact all regulatory and policy measures that might contribute, through incentives, etc., to a reduction in X."  Some some measures will and should be enacted, for sure.  But some might have downsides, some might be too expensive, some might themselves be unjust.  In such cases, a decision to not pursue and enact such measures does not mean that the claim in (a) about the immorality of X is hypocritical or undermined.

The Inklings

I'm certainly not alone, but C.S. Lewis significantly affected and shaped how I think -- and how I want to think -- about the world.  It's not only the Narnia books and the Space Trilogy (though I still think they're wonderful) and it's also not the more famous apologetics works, like Mere Christianity.  For me, a little book (his last) called The Discarded Image, along with a short essay called "The Weight of Glory," were key.  I've cited often, both in published work and in talks, the following passage from the latter:

“There are no ordinary people.  You have never talked to a mere mortal.  Nations, cultures, arts, civilizations—these are mortal, and their life is to ours as the life of a gnat.  But it is immortals whom we joke with, work with, marry, snub, and exploit—immortal horrors or everlasting splendours.”

(In fact, "Everlasting Splendours" is the title of this chapter I did in a really nice volume on Catholic legal thought edited by our own Michael Scaperlanda and Teresa Collett.) 

Anyway . . . the Chronicle has this review of this new book, by Carol and Philip Zaleski on "The Inklings."  Check it out.

Joseph Vining on the thought of John Noonan

Joseph Vining has posted (here) a short paper called "Reading John Noonan," which is forthcoming in the Villanova Law Review.  The abstract is short-and-sweet:

John Noonan is a giant in American law and legal practice -- a distinguished legal historian and a true judge. His reflections on the nature of law have a special importance. This essay is a comment on basic elements in his thought.

And, check out the keywords:

jurisprudence, slavery, universality of value, development and change, morality, history, person, legal person, individual, equity practice, human rights, utilitarianism, positivism, humanism

!

Wednesday, June 3, 2015

"Pope Benedict XVI's Legal Thought"

Do you own this book yet:  "Pope Benedict XVI's Legal Thought:  A Dialogue on the Foundation of Law"?  You should.  Thanks to John Witte's Cambridge Studies in Law and Christianity, we have with this volume an excellent collection of reflections on church-state relations, human dignity, human rights, and democracy by (to mention just a few) Mary Ann Glendon, John Witte, Joe Weiler, Andrea Pin . . .  Run, don't walk . . .

Dorothy Sayers on work and vocation

I imagine many MOJ readers have encountered this before ("Why Work?", by Dorothy Sayers) but, just in case, check it out.  The idea/aspiration of "vocation" has long been a subject of interest at this blog, and Sayers's thoughts are, for me, really helpful.