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.

Friday, March 6, 2015

"Capital Punishment Must End"

"Capital Punishment Must End" is the title of this joint-editorial, published by Our Sunday Visitor, The National Catholic Reporter, The National Catholic Register, and America.  I very much agree that our governments should abandon capital punishment.  (More here.)  

That said, I am uncomfortable with connecting the case and movement against capital punishment (as the editorial does in a few places) either to the Supreme Court's pending case in Glossip v. Gross or to the recent decisions by some state governors to halt executions.  I continue to believe that it is important -- that it really matters -- that capital punishment end not as a result of unsound court decisions or possibly-overreaching executive actions.  It sounds increasingly old-fashioned -- or worse!  "formalistic"! -- I know, but legislatures, not judges and governors, make, and un-make, laws.

Wednesday, March 4, 2015

"What Scares the New Atheists"

John Gray points out (as many have) a few of the many holes in the aggressive-but-thin atheism of Dawkins et al.  A bit:

The far-reaching claims these thinkers have made for liberal values can be detached from their theistic beginnings; a liberal morality that applies to all human beings can be formulated without any mention of religion. Or so we are continually being told. The trouble is that it’s hard to make any sense of the idea of a universal morality without invoking an understanding of what it is to be human that has been borrowed from theism. The belief that the human species is a moral agent struggling to realise its inherent possibilities – the narrative of redemption that sustains secular humanists everywhere – is a hollowed-out version of a theistic myth. The idea that the human species is striving to achieve any purpose or goal – a universal state of freedom or justice, say – presupposes a pre-Darwinian, teleological way of thinking that has no place in science. Empirically speaking, there is no such collective human agent, only different human beings with conflicting goals and values. 

Sunday, March 1, 2015

"John Paul II and the Crisis of Modern Times"

Check out this event, featuring Prof. Russell Hittinger, at Lumen Christi, in Chicago.  If you can attend, then do!

This lecture will compare the great pontificates that represented two “modern times”: Leo XIII at the end of the 19th century and John Paul II at the end of the 20th. Between Leo’s birth in 1810 to JPII’s death in 2005, the lived experience of these two men encompass all modern times, both secular and ecclesiastical – from Napoleon to the iPhone. What was at stake for the Church over the course of this rapidly changing century? How did the social teaching of these two popes differ in addressing the modern crises of their day?

Cromwell, ISIS, and "Wolf Hall"

Picking up on a topic that Michael Moreland addressed a few years ago . . . It's not a surprise, I suppose, that the novel and TV series "Wolf Hall" are popular.  Somehow, it had to happen that the Man for All Seasons image of St. Thomas More be torn down.  After all, a Catholic who stood up to the overreaching claims of state power, at the cost of his life, could not be allowed to remain a secular hero forever.  Still, I hope "Wolf Hall" fans and producers will remember some of the points raised in this piece, about Henry, More, Cromwell, and "the biggest land-grab and asset-strip in English history."

Saturday, February 28, 2015

Randy Boyagoda on Fr. Neuhaus

Prof. Randy Boyagoda is the author of a new biography of Fr. Richard John Neuhaus, A Life in the Public Square.  I'm excited to read it.  Here is a bit of a preview, which ran the other day in the Wall Street Journal.   A taste:

Neuhaus . . . affirmed the core premise of Enlightenment political thought: the differentiation of public authority into separate, autonomous spheres that valued individual rights.

He argued that the strongest support for these rights came from the Judeo-Christian tradition’s foundational conviction: We are made in the image of God. Demanding absolute obedience to political dictates, whether in the name of God or something else, would undo centuries of political progress, and goes against God’s own gift of free will to every human person.

Remembering Prof. Charles Rice

Richard beat me to it, but my friend and colleague Prof. Charles Rice -- a deeply good and generous man -- passed away this week.  It's almost as if this Notre Dame Law School legend -- he has probably taught half of our living alumni -- ducked out of the side exit, to avoid making a big scene, overshadowed in the press (though not, I feel confident, among the Heavenly Host) by Fr. Hesburgh's death.   (Learn more about his work and  life here.)

I first encountered Notre Dame through Charlie.  In the 1970s, my father -- then an Alaska lawyer -- attended a seminar at which Charlie presented on defending pro-life protesters.  Years later, when I was thinking about law school, Charlie contacted me (I've always assumed at my dad's suggestion) and was (as always) generous and helpful.  Later, when I started thinking about the legal academy, some of the most important people who shaped my decision were Charlie and his son-in-law, Seamus Hasson, founder of the Becket Fund and all-around religious-freedom hero.  

Charlie was, of course, a titan in the pro-life movement, both locally and nationally.  He was also a teacher beloved by many thousands -- some of whom agreed with his politics, many of whom I am sure did not -- who would always go the extra mile to help a student or graduate in any way.  He cared much more about decency and solidarity than about prestige and praise.  He welcomed me to Notre Dame and supported and encouraged me when I was getting started.  He wrote several books and piles of articles for a range of audiences.  Often overlooked, unfortunately, is a really good (and prescient!) book he did more than 50 years ago, The Freedom of Association.He was a boxer and a Marine.  He helped build a wonderful family.  God bless him.    

Fr. Hesburgh on Newman, universities, Catholic universities, and theology

It's really hard to imagine putting the point better.  And, talk about timely!  Here's Fr. Ted, more than 50 years ago:

Someone asked me recently: "What is the great problem for the Catholic university in our modem pluralistic society?" I was obliged to answer that the modernCatholic university faces a dual problem. First, because everything in a pluralistic society tends to become homogenized, the Catholic university has the temptation to become like all other universities, with theology and philosophy attached to the academic body like a kind of vermiform appendix, a vestigial remnant, neither useful nor decorative, a relic of the past. If this happens, the Catholic university may indeed become a great university, but it will not be a Catholic university.

The second problem involves understanding that while our society is called religiously pluralistic, it is in fact, and more realistically, secularistic—with theology and philosophy relegated to a position of neglect or, worse, irrelevance. Against this strong tide, the Catholic university must demonstrate that all the human problems which it studies are at base philosophical and theological, since they relate ultimately to the nature and destiny of man. The Catholic university must strive mightily to understand the philosophical and theological dimensions of the modern problems that face man today, and once these dimensions are understood, it must show the relevance of the philosophical and theological approach if adequate solutions are to be found for these problems.

 

Friday, February 27, 2015

Fr. Theodore M. Hesburgh, R.I.P.

Not just my own University of Notre Dame, but also American higher education and, in many ways, the country has lost a truly great and really good man, "Fr. Ted" Hesburgh.  You can learn a lot more about his work and life here.   And, the Washington Post's obituary is here.

Fr. Hesburgh was retired by the time I arrived at Notre Dame, but I did have the chance to meet and talk with him several times, including in connection with the University's education-reform efforts.  I remember him expressing surprise, and a bit of irritation, when I told him back in 2000 that vouchers and school-choice were still controversial and politically challenging.  "I thought L.B.J. and I took care of that back in 1965!", he said.  "There are a few details still being worked out," I assured him.  God bless Fr. Ted.

Thursday, February 26, 2015

Winters on theology requirements and Catholic universities

A few days ago, I linked to an excellent presentation by my colleague, Cyril O'Regan, on the place of theology in a Catholic university.   (Like O'Regan, I believe strongly that Notre Dame -- and other Catholic universities -- should not only continue with a meaningful Theology (not "religious studies" or even "Catholic studies") requirement but should, indeed, deepen and enrich such a requirement.)

At Distinctly Catholic, Michael Sean Winters has posted a very thoughtful and wide-ranging three-part series on this matter.  It's well worth a read by anyone interested in universities, Theology, and, well, life.   Among other things, he contends that "removing theology from that core curriculum not only endangers the other sciences, which are then invited to fill its gap with intellectual tools ill suited for the task, but that I fear what happens to a culture in which theology, philosophy and the humanities are driven to the sidelines by our cultural fascination with science and technique. If we do not school our young people in the humanities, theology and philosophy, they will never know how to respond to desire and never lift love beyond the sentimental."

Wednesday, February 25, 2015

Parody -- and (scarily) not-parody -- in San Francisco

So, I gather that this piece, "San Francisco Parents Shocked to Learn that Catholic Schools are Catholic," is a parody.  (Funny reading.)   This one, though -- "Lawmakers want investigation of San Francisco Catholic High Schools Over Teacher Morality Clauses" -- is not.  That it is not would still be funny, though, if it were not so worrisome:

Assemblymembers Phil Ting (D-San Francisco) and Kevin Mullin (D-San Mateo) are urging the Assembly Labor and Employment Committee and Assembly Judiciary Committee to launch an investigation.

“California cannot become a laboratory for discrimination under the guise of religion,” the lawmakers wrote in a letter sent Monday. They said the rules “set a dangerous precedent for workers’ rights through manipulations of law that deprive employees of civil rights guaranteed to all Californians.”

But, the question is precisely whether "all Californians" really do have a "civil right" to -- regardless of what they believe, say, do, or teach -- play a leading role in the formation of Catholic high-school students.  These lawmakers' statements reflect, one could say, a "confusion about discrimination."