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, April 21, 2008

Islam and the Secular State

A new book by my colleague Abdullahi Ahmed An-Na'im, Islam and the Secular State (Harvard 2008), has been attracting a great deal of attention.  (Not at all surprisingly.)  A post today at The Immanent Frame:  Secularism, Religion, and the Public Sphere is certainly worth your attention.

Secularism and the paradoxes of Muslim politics

posted by Robert Hefner

Few books in Islamic studies have been as eagerly awaited or intensely debated prior to publication as Abdullahi Ahmed An-Na`im’s Islam and the Secular State: Negotiating the Future of Shari`a. Charles Howard Candler Professor of Law at Emory University, An-Na`im has for more than twenty years been a tireless proponent of a deeply religious but liberal-modernist reformation of Islamic politics and ethics. Published just five years after his flight from the Sudan in April 1985 (after the Numeiri regime executed his Sufi teacher, Mahmoud Mohamed Taha), An-Na`im’s Toward an Islamic Reformation: Civil Liberties, Human Rights, and International Law established him as one of our era’s most articulate exponents of the Islamic grounds for constitutionalism and human rights.

In a trademark gesture of democratic openness, in late 2003 An-Na`im circulated a draft of his new book to scholars and activists in Turkey, Egypt, the Sudan, Uzbekistan, Indonesia, India, and Nigeria. From January 2004 to September 2006, he worked with local Islamic associations in all of these countries to organize workshops and focus groups to discuss and refine the book’s arguments. The English manuscript was also translated into Arabic, Indonesian, Bengali, French, Persian, Russian, Turkish, and Urdu; it was also made available on the Internet. Among the global Muslim intelligentsia, the draft quickly became a cultural event in its own right. The book version of the manuscript will both broaden the discussion and deepen the controversy.

Two things distinguish this new work from An-Na`im’s early writings. The first is his explicit endorsement of a secular state as the best form of government for Muslims and for the flourishing of Islam. In Toward an Islamic Reformation, An-Na`im had dedicated his energies to addressing believers’ understandings of Islam and Shari`a, and had less to say about the appropriate form of the state. As he put it, he hoped “to reconcile Muslim commitment to Islamic law with the achievement of the benefits of secularism within a religious framework.” In this new book, he sets his sights squarely on providing Islamic rationales for secular government.

The second quality that distinguishes this book from his earlier scholarship is its systematic effort to ground arguments in support of freedom, constitutionalism, and secularity on two bodies of research: historical studies of the development of Muslim politics and Shari`a from the early Islamic period to the rise of the Ottoman Empire; and case studies of Shari`a politics in modern India, Turkey, and Indonesia. An-Na`im plumbs the depths of these empirical materials to provide corroborating evidence in support of his larger argument.

The argument has three pillars ...

[To read the rest, click here.]

David Skeel on Evangelicals and Climate Change . . .

. . . here.

Saturday, April 19, 2008

April 19, 1995

Time does heal some wounds as memories become more distance.  Much of the buzz in the Oklahoma City area today is about the NBA's vote yesterday to approve the Seattle Supersonic's relocation to OKC.  13 years ago in OKC all the focus was on the 171 (including three unborn children)  people who lost their lives, the 800 or so injured, and those who were orphaned in the Murrah Building bombing.  Please remember them and their families in your prayers.

Understanding the PBA decision

A student of mine at Notre Dame Law School has posted an interesting paper, here, on the Supreme Court's decision upholding the federal ban on partial-birth abortion.  Here's a bit:

Gonzales v. Carhart represents a seismic shift in our nation's abortion jurisprudence. Upholding the Partial-Birth Abortion Ban Act of 2003, despite the lack of a health exception, it signals the end of what can be termed the physician veto. This veto can be globally defined as the placing of dispositive weight in our nation's abortion jurisprudence on the autonomy and judgment of physicians who favor abortion rights, at the expense of undergoing the more difficult and deeper process of engaging issues of women's liberty and equality vis-à-vis the nature of the unborn fetus and of abortion itself. From Roe until the more recent Carhart decision, this dispositive weight - the veto - has shielded the right to abortion in a manner that approaches the absolute through the erection of an impenetrable wall of deference to physician autonomy and judgment in this area of their practice.

This Note chronicles the life and death of the physician veto as it has been used to shield the right to abortion ever since Roe. This Note is not meant to be a critique or support of Carhart in terms of the substantive abortion issue at question. Neither is it intended to be an in-depth analysis of the intricacies of the Court's holdings in its abortion cases, as this has been exhaustively achieved elsewhere. Rather, it is an attempt to understand the precedential value of how Carhart will affect future abortion jurisprudence. In doing so, it exposes for future academic and legal discussion the plain fact that Carhart invites society to engage the abortion debate in a new way. Our jurisprudence is now invited to consider the abortion right - with its attendant philosophical and medical questions concerning women's liberty, equality and health, and the fetus' life and nature - without abbreviating the discussion through unqualified deference to the judgment of a physician who supports abortion rights.

The Pope's U.N. Address

Here is the Pope's U.N. address.  It covers a lot of terrain.  Here's just a bit, about the Declaration, and human dignity:

This reference to human dignity, which is the foundation and goal of the responsibility to protect, leads us to the theme we are specifically focusing upon this year, which marks the sixtieth anniversary of the Universal Declaration of Human Rights. This document was the outcome of a convergence of different religious and cultural traditions, all of them motivated by the common desire to place the human person at the heart of institutions, laws and the workings of society, and to consider the human person essential for the world of culture, religion and science. Human rights are increasingly being presented as the common language and the ethical substratum of international relations. At the same time, the universality, indivisibility and interdependence of human rights all serve as guarantees safeguarding human dignity. It is evident, though, that the rights recognized and expounded in the Declaration apply to everyone by virtue of the common origin of the person, who remains the high-point of God’s creative design for the world and for history. They are based on the natural law inscribed on human hearts and present in different cultures and civilizations. Removing human rights from this context would mean restricting their range and yielding to a relativistic conception, according to which the meaning and interpretation of rights could vary and their universality would be denied in the name of different cultural, political, social and even religious outlooks. This great variety of viewpoints must not be allowed to obscure the fact that not only rights are universal, but so too is the human person, the subject of those rights.

Continue reading

Friday, April 18, 2008

Academic Freedom and Catholic Educational Institutions

With respect to the Pope's address to Catholic educators referenced by Steve, Rick and Patrick (here, here and here), I struggle with the question of what academic freedom means in the context of Catholic institutions of higher education and I welcome the views of others.

It seems to me that Catholic institutions should not be unwilling to bring in speakers who espouse positions not in accord with the Catholic church.  I don't think censorship serves truth and believe a Catholic institution ought to be willing to foster discussion and debate about all issues.  That may argue in favor of providing for rebuttal when a speaker will be advancing a position antithetical to the Church, but I don't think it betrays a university's mission and identity to allow such speech to occur.

On the other hand, I think a Catholic law school, for example, would be perfectly justified in not hiring - and probably should not hire - a scholar whose primary research agenda is to promote a position antithetical to the Catholic Church.  If the thrust of my scholarship were to promote the position (to use the example in a post Rick made last week) that there is no moral difference between abortion and a pap smear, I don't think St. Thomas should be funding my research and giving me a platform from which to promote those views.  The institution's unwillingness to do so should not be viewed as an inappropriate limit on academic freedom.

I'd be interested in hearing whether others disagree with either of those conclusions.

Academic Freedom and the Pope's Address to Catholic Educators

As Patrick has noted, the Pope’s message to Catholic educators contains this passage: “In regard to faculty members at Catholic . . . universities, I wish to reaffirm the great value of academic freedom. In virtue of this freedom you are called to search for the truth wherever careful analysis of evidence leads you. Yet it is also the case that any appeal to the principle of academic freedom in order to justify positions that contradict the faith and the teaching of the Church would obstruct or even betray the university's identity and mission; a mission at the heart of the Church’s munus docendi and not somehow autonomous or independent of it.” I read this passage as qualifying the doctrine of academic freedom, rather than manifesting a claim that a prohibition on contradicting Catholic teachings is consistent with academic freedom. This is said to be necessary to protect truth on Catholic campuses.

 The standard view of academic freedom, however, is that such freedom serves truth and that censorship does not. I am reminded of a passage in Charles Taylor’s learned and brilliant book, A Secular Age 466 (2007) where he observes that the vision of a church “tightly held together with strong hierarchical authority, which will nonetheless be filled with practitioners of heartfelt devotion” is filled with tension. “There are, of course, people whose devotional life is enhanced by the sense that they live under this kind of authority, but for the masses who do not respond this way the choices are either to knuckle under, or leave, or live a semi-clandestine life. The irreversible aspect of Vatican II is that it brought this contradiction to the surface.” 

The Pope, Abortion, and American Culture

Kathleen Parker writes:

Pope Benedict XVI's visit to the U.S. has afforded the American media and others an opportunity to remind us that the Catholic Church is "out of step" with modern times.

That is both a criticism and compliment -- praising with faint damnation.

What exactly about modern times would compel a pope to change his institutional mind about the fundamental belief in, say, the dignity of all human life?

The central life issue is, of course, abortion, about which even a majority of American Catholics (58 percent) differ from the church's view. Other related concerns include embryo-destructive research, cloning and assisted suicide.

The Catholic Church persists in opposing all of the above, insisting that life begins at conception, all life has value, no human being has the right to terminate the life of another. Case closed.

And, really, who would insist otherwise? In the abstract, few. In practice, millions.

Though we know that life biologically begins at conception, we've decided to disagree about when that life becomes "human."

And, though we sort of believe that all life has value, our actions suggest that we think imperfect life has less value. Increasingly, Down syndrome babies today are terminated, for instance.

For the rest, click here.

The Pope's Address to Educators, cont'd

Patrick has already blogged about the Pope's address on Catholic education.  Here's a bit that grabbed me:

More and more people - parents in particular - recognize the need for excellence in the human formation of their children. As Mater et Magistra, the Church shares their concern. When nothing beyond the individual is recognized as definitive, the ultimate criterion of judgment becomes the self and the satisfaction of the individual's immediate wishes. The objectivity and perspective, which can only come through a recognition of the essential transcendent dimension of the human person, can be lost. Within such a relativistic horizon the goals of education are inevitably curtailed. Slowly, a lowering of standards occurs. We observe today a timidity in the face of the category of the good and an aimless pursuit of novelty parading as the realization of freedom. We witness an assumption that every experience is of equal worth and a reluctance to admit imperfection and mistakes.

The Senate's resolution

It looks like the Senate managed to pass a resolution (co-sponsored by Sens. Casey and Brownback), honoring and welcoming Pope Benedict XVI.  What was the hold-up?  Sen. Boxer didn't like language about the sanctity of life and religion-in-public-life.  Here's what had to be cut out:

"that neither attempts to strip our public spaces of religious expression nor denies the ultimate source of our rights and liberties";

"Whereas Pope Benedict XVI has spoken out for the weak and vulnerable, witnessing to the value of each and every human life"