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.

Wednesday, December 14, 2011

Plantinga on Religion and Science in the New York Times

Today's New York Times has an interesting story about the extremely influential philosopher of religion (and a former teacher of mine) Alvin Plantinga and his new book on religion and science. Setting aside reservations about this or that aspect of Reformed epistemology and Plantinga's work in philosophy of religion, the article captures Plantinga's importance to the project of Christian scholarship, the compatibility of religious belief and science, and the role of properly basic beliefs in defense of the rationality of theism. It's pertinent here because, even in a remote field such as law, it seems to me that one of the persistent challenges facing Catholic higher education is allaying the worry that there is somehow a tension between science and religion. But if you have a Thomist doctrine of creation and divine causality and a tradition-constituted interpretation of the Bible, biological evolution need not and should not pose any difficulty at all. Indeed, at Villanova we can take special delight that the father of genetics, Gregor Mendel, was an Augustinian friar.

Tuesday, December 13, 2011

Goldman on the Death of Civilizations

The most recent column by "Spengler" (David Goldman) at the Asia Times is the preface to Goldman's new book, How Civilizations Die (and Why Islam is Dying, Too). A taste:

Our political science is uniquely ill-equipped to make sense of a global crisis whose ultimate cause is spiritual. But was not always so. From the advent of Christianity to the seventeenth-century Enlightenment, the West saw politics through the lens of faith. St Augustine's fifth-century treatise The City of God looked through the state to the underlying civil society, and understood that civil society as a congregation - a body bound together by common loves, as opposed to Cicero's state founded only on common interests.

....

In the absence of religious faith, if our culture dies, our hope of transcending mere physical existence dies with it. Individuals trapped in a dying culture live in a twilight world. They embrace death through infertility, concupiscence, and war. A dog will crawl into a hole to die. The members of sick cultures do not do anything quite so dramatic, but they cease to have children, dull their senses with alcohol and drugs, become despondent, and too frequently do away with themselves. Or they may make war on the perceived source of their humiliation.

Saturday, December 10, 2011

Great Britain's Stand for Subsidiarity

I've noted before that many of the founders of the European Union were steeped in Catholic social thought (even borrowing the concept of subsidiarity from CST and making it into a constitutional norm in the EU), and the Vatican has long been an advocate of European integration. But the lack of an intelligible and enforceable principle of subsidiarity in the EU has resulted in ever-increasing bureaucratic centralization in Brussels and Strasbourg over the past several years, a trend that Britain has now called into question with Prime Minister David Cameron's veto of a proposed EU treaty. While Cameron probably hasn't discovered a newfound enthusiasm for Pius XI and was acting to protect British economic interests, Niall Ferguson argues here that Cameron made the right decision: 

So it is not that British policy has dramatically changed. The real historical turn is the one now being taken by the 17 euro zone members and the six non-euro states that have chosen to follow them. For there should be no doubt in anyone’s mind that what they have just agreed to do is to create a federal fiscal union. Moreover, it is a fundamentally flawed one. The only surprising thing is that so few other non-euro countries—Sweden, maybe the Czechs and Hungarians—have joined Britain in expressing reservations. I quite see why countries with the euro are prepared to give up their fiscal independence to avert a currency collapse. But what on earth is in this for the others?

....

“Eurozone Deal Leaves Britain Isolated” trumpets the Financial Times, for many years an ardent proponent of monetary union. But if David Cameron can succeed in isolating Britain from the disaster that is unfolding on the continent, he deserves only our praise. For once the old joke—“Fog in the Channel: Continent Cut Off”—seems applicable. There is now a Depression on the other side of the channel, and it is indeed the continent that is cutting itself off—from sane economic policies.

Karl Barth, the Constantinian Illusion, and Christian Hope

The great Swiss Reformed theologian Karl Barth died on this date in 1968, so here's a mighty passage from the Church Dogmatics to serve as a tonic for ecclesial, political, economic, or academic despair:
 
What is hope, and what does it mean for the Christian who, since Jesus Christ has not yet spoken His universal, generally perceptible and conclusive Word, finds himself in that dwindling and almost hopeless minority as His witness to the rest of the world? If the great Constantinian illusion is now being shattered, the question becomes the more insistent, though it has always been felt by astute Christians. What can a few Christians or a pathetic group like the Christian community really accomplish with their scattered witness to Jesus Christ? What do they really imagine or expect to accomplish in the great market, on the battlefield or in the great prison or madhouse which human life always seems to be? "Who hath believed our report?  and to whom is the arm of the Lord revealed?" (Isaiah 53:1). And what are we to say concerning the countless multitudes who either ante or post Christum natum have had no opportunity to hear this witness? The Christian is merely burying his head in the sand if he is not disturbed by these questions and does not find his whole ministry of witness challenged by them. He buries it even more deeply if in order to escape them, forgetting that he can be a Christian at all only as a witness of Jesus Christ, he tries to retreat into his own faith and love or that of his fellow Christians. Nor is there any sense in trying to leap over this barrier with the confident bearing of a Christian world conqueror. The meaningful thing which he is permitted and commanded and liberated to do in face of it is as a Christian, and therefore unambiguously and unfalteringly, to hope, that is, in the face of what seems by human reckoning to be an unreachable majority to count upon it quite unconditionally that Jesus Christ has risen for each and every one of this majority too; that His Word as the Word of reconciliation enacted in Him is spoken for them as it is spoken personally and quite undeservedly for him; that in Him all were and are objectively intended and addressed whether or not they have heard or will hear it in the course of history and prior to its end and goal; that the same Holy Spirit who has been incomprehensibly strong enough to enlighten his own dark heart will perhaps one day find a little less trouble with them; and decisively that when the day of the coming of Jesus Christ in consummating revelation does at last dawn it will quite definitely be that day when not he himself, but the One whom he expects as a Christian, will know how to reach them, so that the quick and the dead, those who came and went both ante and post Christum, will hear His voice, whatever its signification for them (John 5:25). This is what Christian hope means before that insurmountable barrier. This is what the Christian hopes for in face of the puzzle which it presents. But the Christian has not merely to hope. He has really to show that he is a man who is liberated and summoned, as to faith and love, so also to hope. And if he really hopes as he can and should as a Christian, he will not let his hands fall and simply wait in idleness for what God will finally do, neglecting his witness to Christ. On the contrary, strengthened and encouraged by the thought of what God will finally do, he will take up his ministry on this side of the frontier. He will thus not allow himself to be disturbed by the questions of minorities or majorities, of success or failure, of the probable or more likely improbable progress of Christianity in the world. As a witness of Jesus Christ, he will simply do - and no more is required, though this is indeed required - that which he can do to proclaim the Gospel in his own age and place and circle, doing it with humility and good temper, but also with the resoluteness which corresponds to the great certainty of his hope in Jesus Christ.
 
Karl Barth, Church Dogmatics , IV/3, §73

Wednesday, December 7, 2011

Kalscheur on Catholic Higher Education

MOJ-friend Greg Kalscheur, SJ (Boston College Law) has an insightful piece at Inside Higher Ed about the challenges facing Catholic universities:

For Christians, the dialogue between faith and culture is as old as their earliest efforts to articulate what it means to be a distinctive faith community. As the Christian way moved beyond its original Jewish communities, attracted Gentile converts, and spread across the Roman world and beyond, a Christian intellectual tradition developed, which was the product of a continuous dialogue between faith and cultures.

This dialogue reflected two essential characteristics of the Christian, and especially the Catholic, understanding of human experience: that faith necessarily seeks understanding, and that all intellectual inquiry leads eventually to questions of ultimacy that invite faith responses. As a result, reason has been intrinsic to the life of the Catholic Church, which sees the search for truth as a manifestation of the Creator. For the Catholic, thinking is part of believing, and the Catholic view sees no conflict among faith, knowledge, and reason; it looks to how they illuminate one another.  The most probing questions in every discipline are never deemed to be in opposition to faith, but are welcomed into the conversation on the conviction that ongoing discovery of the intelligibility of the universe will reveal more of the truth about God.

Ten years after Ex Corde was formally adopted by U.S. Catholic bishops, Catholic colleges and universities today must meet the challenge to reaffirm and revitalize their engagement with the Catholic intellectual tradition.

Saint Ambrose, Doctor of the Church (and Lawyer)

Thomas More is, to my knowledge, the only common lawyer ever canonized by the Catholic Church, but a number of civil and canon lawyers have been. Today is the Feast of Saint Ambrose, one of the four great doctors of the early Church (along with Augustine, Jerome, and Gregory the Great), who was trained in the law and an imperial governor under Valentinian before he was elected bishop of Milan by acclamation in 374 (Ambrose was a catechist at the time, so he was baptized and ordained bishop in the course of just a few days). In addition to his important contributions to Christian theology (particularly the refutation of Arianism) and music, he was also instrumental in the conversion of Augustine, who wrote that Ambrose "was one of those who speak the truth, and speak it well, judiciously, pointedly, and with beauty and power of expression" (On Christian Doctrine, IV.21).

Friday, November 18, 2011

Matthew Rose on Karl Barth on Secular Politics

Following on the discussion below about the limits of the state, my friend and Villanova colleague Matthew Rose writes the following in his splendid book Ethics with Barth: God, Metaphysics, and Morals (Ashgate, 2010), which provides a Catholic reading of the great twentieth century Swiss theologian Karl Barth and here makes a powerful case for the place of secular politics in an adequate political theology:

[O]ne might suggest there is an implicit deference paid to the kingship of Christ wherever a politics views itself critically and at a distance. The state announces its penultimacy, in Bonhoeffer’s useful term, when it boasts of no ambition to achieve absolute consensus or perfect harmony among citizens. By putting itself on endless trial, by conceding it must be limited in its claims and open-ended in its decisions, by seeking peace over perfection, and by refusing to be a site of ultimate loyalty, a secular politics affirms its own servanthood and bears implicit witness to God.

For Barth, then, it is precisely in and through its secularity—its incapacity to take responsibility for word and sacrament; its inability to define a full account of human flourishing; its repudiation of any salvific powers—that a politics discloses “not I, but one greater than I.” It is precisely in the recognition of its own impermanence and imperfect justice that the political discloses itself as a way station in a journey toward the end of human history. A secular state that respectfully shrinks from questions of theological truth does not therefore indicate theological insouciance or, worse yet, dissemble its own thinly-veiled totalitarianism. In its confession that it cannot bestow ultimate meaning or provide final consolation, secular politics instead (tacitly) acknowledges that there can be no easy correlation between the broken middle of the saeculum and the new Jerusalem. On Barth’s view, the secular state indicates (if unwittingly) that after Christ there is no other all-decisive political event for which the world must await with fear or an optative sigh. It discloses (if unknowingly) that no government can be seen as God’s chosen instrument for the salvation of humankind or as indispensable for the unfolding of his providential plan. Secular politics pay silent homage to God by its professed incapacity to embody the promise of the kingdom proclaimed and inaugurated in Christ. Human governments, an influential political theologian [Oliver O'Donovan] recently wrote, are instead “marked for displacement for when the rule of God in Christ is finally disclosed. They are Christ’s conquered enemies; yet they have an indirect testimony to give. . . . Like the surface of a planet pocked with craters by the bombardment it receives from space, the governments of the passing age show the impact of Christ’s dawning glory" (pp. 166-67).

Thursday, November 17, 2011

The Social Kingship of Christ: Metaphysical, not Political*

I'm not sure if this makes me a neo-con or a classical liberal or something else, but my friend and colleague Patrick Brennan already knows that I do not think that the doctrine of the Kingship of Christ--which we will celebrate this weekend--has the political implications with respect to the competence of the state that Patrick implies it does in his post. What Patrick regards as a "contingently incompetent" constitutional arrangement in our American regime seems to me an essentially sound basis for limiting the jurisidiction of the state with regard to religious doctrine and was affirmed by the teaching of the Second Vatican Council in Dignitatis Humanae that it is "completely in accord with the nature of faith that in matters religious every manner of coercion on the part of men should be excluded" (Para. 10). The state must, of course, foster religious freedom, and the coercive power of the state does extend to public order (including public morality). But (only) the temporal common good is the end of political society, a Catholic via media between the alternatives of secularism and theocracy.

* A play on John Rawls's claim that his theory of "justice as fairness" was "political, not metaphysical."

Tuesday, November 15, 2011

Albert the Great

Today is the Feast of Albert the Great (c. 1206-1280), the German Dominican, Doctor of the Church, and teacher of Thomas Aquinas. Albert is most famous for his contributions to the natural sciences and his role in bringing Aristotle into medieval philosophy and theology. But Albert also made important contributions to the medieval development of natural law, as ably argued most recently by Jean Porter in her books Natural and Divine Law (1999) and Nature as Reason (2005), so all of us who work in Catholic legal education have reason to celebrate the feast of this remarkable figure from our tradition.

Monday, November 14, 2011

Penn State and Evil

It's hard to add anything meaningful to the commentary about the profound evil involving Penn State's former assistant football coach Jerry Sandusky and the conduct of those who turned a blind eye to the problem of child sex abuse in their midst. Ross Douthat's Sunday column in the New York Times is one of the most incisive statements I've come across. One person who seems to have displayed courage throughout in launching the investigation when he was Attorney General and then (in his ex officio capacity as a member of the Penn State Board of Trustees) seeing that justice was done to those who failed in their duties is Governor Tom Corbett of Pennsylvania, as recounted in this story from last week. As it happens (and was announced many weeks ago), Governor Corbett will receive the annual Saint Thomas More Award from the Saint Thomas More Society of Philadelphia this coming Wednesday evening following the 60th annual Red Mass in the Archdiocese of Philadelphia.