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.

Sunday, April 6, 2008

Good questions by Kaveny

AS usual, Cathy Kaveny raises some really good questions in her recent Commonweal article that was the subject of Rob's post and Richard M.'s comments.  I've just posted in the sidebar a link to  short article in UST Law's first alumni magazine, Catholic Feminism:  An Oxymoron or 'Deeper Truths?'  .(Can you believe we've been around long enough to have an alumni magazine?) In it, I explain that it was precisely Cathy's types of questions that have pulled me away from banking law scholarship the past few years.  I first read Mulieris Dignitatem just a few years ago, because of:

. . . my nagging desire to assess honestly whether my own career path – involving decades of juggling a career and raising my four children – was consonant with the Catholic Church’s notion of the vocation of motherhood.

My explorations of this issue have led me to the conclusion that there is, indeed, much in Church teachings to assuage my concerns, but also that more work needs to be done to address Cathy's type of questions.  I agree with Richard M. that there has been significant evolution in the Church's teachings since the 1912 encyclopedia; I go into this development in some detail in this article published in Catholic L. Rev last year.

But I do agree with Cathy that there is more work to be done in fleshing out the notion of complementarity.  That's one of the things I'm working on right now.  My favorite scholar on this to date is Sr. Prudence Allen.  She's done incredible work in two volumes of The Concept     of Woman tracing the philosophical roots of the concept of complementarity that plays such an important role in JPII's theology.  Quoting myself again, from that alumni magazine article, this is what I'm finding and exploring these days:

My search for an authentically Catholic feminist legal theory also has led me to philosophical theories of gender identity, particularly the theory of complementarity, which posits that men and women are fundamentally different, yet fundamentally equal. This theory has its roots in a Thomistic affirmation of the unity of body and soul; it was developed by a group of predominantly Catholic philosophers who rejected the Cartesian dualism underlying most post-Enlightenment philosophy – phenomenologists such as Dietrich and Alice von Hildebrand and St. Edith Stein, and personalists such as Jacques and Raissa Maritain, Emmanuel Mounier and Gabriel Marcel. These schools of thought can provide vocabulary, arguments and frameworks for a feminist legal theory that are consonant with my faith beliefs, but do not depend on tenets of faith for their logical integrity.

The more I study, the more I discover traces of agreement with some of the basic ideas underlying complementarity in the writings of philosophers who do not share my faith traditions, such as the Jewish philosopher Leon Kass and the socialist feminist Alison Jaggar.

Saturday, April 5, 2008

Santo Subito

Pope John Paul II died on April 2, 2005.  Santo subito.

Friday, April 4, 2008

Bono and U2 on MLK, Jr.--"In the Name of Love"

Rick and Other Speakers, at St. Thomas, on Evangelization/Proselytization

Having just returned from a few days' vacation, let me second Rick's invitation to Twin Cities-area readers to check out the program we are doing here at St. Thomas Law's Murphy Institute, this coming Monday April 7, concerning the conflicts over interreligious evangelization.  In addition to Rick revisiting his excellent paper on "Changing Minds," we'll have a companion address by Ali Khan, a very interesting Islamic law scholar from Washburn Law School in Kansas, and responses from two Twin Cities religious leaders, Rabbi Marcia Zimmerman of the Temple Israel (Reform) synagogue and Wilbur Stone, a professor of global ministry at the evangelical Protestant Bethel Seminary.  Speakers from four different religious traditions, offering legal, theological, and pastoral perspectives on what are increasingly viewed, as Rick notes, as matters not only "of piety and zeal, [but] of geopolitical, cultural, and national-security significance as well."  Hope to see some of you there, at 4:30 p.m. with a reception following.

Tom

Obama, Today, on Martin Luther King, Jr.--"Let justice roll down like water and righteousness like a mighty stream."

Cathy Kaveny and JP II and the New Feminism

Rob's post and Cathy Kaveny's article raise some good questions. I read through the Catholic Encyclopedia article very quickly and it sounds as if it was written in .... 1912. I surely wouldn't defend every statement in that entry. It should be noted that along with the questionable, sweeping statements in the 1912 Encyclopedia are also statements containing the (prophetic) comment that the negative impact of liberalized divorce laws would principally harm women. There are also other sound features to the 1912 entry, which Cathy notes.

I should say that it is difficult to write Encyclopedia entries. I have some experience with this, having co-edited the Encyclopedia of Catholic Social Thought (here). I wrote the entry on "feminism" for that Encyclopedia and I'd be happy to send a copy of that entry to anyone who asks.

There are some good questions raised though about the new feminism, and the conference Rob nicely mentioned (which is being organized by my colleague Jane Adolphe and Helen Alvare from CUA) will I'm sure explore these questions in depth.

I do think though that it makes more sense to explore the writings of recent Church documents such as Pope John Paul II's writings on the new feminism or the CDF's 2004 statement "On the Collaboration of Men and Women in the Church and in the World" (here) then to focus on the questionable comments in the 1912 Encyclopedia entry. Those recent documents strongly defend the importance of the participation of women in public life.

Cathy's more important point though is about the anthropology the Pope uses. That view emphasizes the complementarity of men and women. I'd like to ask Cathy a question or two. Does she disagree with the view that "the genius of women" is needed in all areas of social life or is that phrase of Pope John Paul part of the paternalism to which she objects? Does she disagree with the CDF's view of human nature that celebrates "the importance and the meaning of sexual difference, as a reality deeply inscribed in man and woman"? If Cathy doesn't disagree with JP II or the CDF in these areas, then what is her concern?

Richard M.

   

Teachers Strike at 10 Catholic Schools

By JOHN ELIGON

NYT, 4/5/08

Nearly 200 teachers at 10 Catholic schools throughout the Archdiocese of New York went on strike Friday, saying that the archdiocese has hindered their efforts to obtain a new health insurance plan, said Mary-Ann Perry, the president of the Federation of Catholic Teachers, a union.

The strike could continue next week, Ms. Perry said, if the archdiocese does not give the teachers the information they need to obtain a new health care plan through Local 153, the Office and Professional Employees International Union.

A spokesman for the archdiocese criticized the strike, saying it was merely a bargaining chip on the part of the Catholic teachers’ union and that the archdiocese had already handed over a stack of documents that stood about a foot high.

At one school affected by the strike Friday, Our Lady Queen of Angels elementary school in East Harlem, some students watched videos and others played games.

The archdiocese and the union began negotiating a new contract last May. The contract expired on Aug. 31 without a new deal. In November, the archdiocese made a final offer. The deal included an increased premium for health insurance that the union said was too high, so a few weeks later it began seeking a new health care plan from an outside group, Ms. Perry said.

That group agreed to do a feasibility study, Ms. Perry said, but told the union it needed to provide information from its previous plan. While the archdiocese has provided a lot of information, Ms. Perry said, it has yet to turn over one of the most vital pieces: the actual cost of running the plan, known as the utilization cost, from 2007. The union has repeatedly asked for these figures since last December, Ms. Perry said, but the archdiocese has provided years-old information.

“The cost of health care makes it difficult for people to make ends meet,” Ms. Perry said. “This strike is an unfair labor practice strike in order to get the information.”

But Joseph Zwilling, a spokesman for the archdiocese, said the archdiocese was preparing those documents and had been planning on turning them over to the union within the next few days.

“First, we have to wait for all the figures to come in,” Mr. Zwilling said. “Then, we have to break them out for 217 schools, 3,200 teachers. It takes time.

“They’re just using this tactic to try and waste time, I think, rather than coming to an agreement. This is not going to improve the offer one bit. The only thing they’ve done is cost themselves a day’s pay.”

Cardinal Dulles's final McGinley Lecture

Avery Cardinal Dulles is, of course, a giant.  Here's a story about his final McGinley Lecture at Fordham.  Were any MOJ-folks there?  Any reports?  Here's a taste:

In his lectures, which have always been well attended, the cardinal has defended Catholic orthodoxy and explored oft-debated topics.

He said his principal aim in his lectures was "to present and classify the existing opinions" and "to criticize views that are inadequate."

He always tried "to incorporate the valid insights of all parties to the discussion, rather than perpetuate a one-sided view that is partial and incomplete," he said.

"I think of myself as a moderate trying to make peace between (opposing) schools of thought. While doing so, however, I insist on logical consistency. Unlike certain relativists of our time, I abhor mixtures of contradiction," Cardinal Dulles said. . . .

"Western thought," he said, "followed in the path of cognitive realism for many centuries before the revival of agnosticism in the Renaissance." The cardinal repeated Pope John Paul II's admonition that philosophy should seek to "resume its original quest for eternal truth and wisdom."

"Science, we all know, does not rest on a treasury of revealed knowledge handed down in authoritative tradition," the cardinal said. "Science has wonderfully increased our powers to make and to destroy, but it does not tell us what we ought to do and why.

"It does not tell us where the universe came from, or why we exist, or what our final destination is. And yet some scientists speak as though their discipline were the only kind of valid knowledge," he said. . . .

"The most important thing about my career, and many of yours, I feel sure, is the discovery of the pearl of great price, the treasure hidden in the field -- the Lord Jesus himself," he said. . . .

John Paul II and Women

Cathy Kaveny has an interesting essay in the new Commonweal marking the 20th anniversary of John Paul II's Mulieris dignitatem, the apostolic letter on the dignity of women.  Kaveny explains that many (most?) Catholic women greeted the letter with wariness because the pope "makes claims about the nature of women that were in fact used in the last century to argue for what most of us would consider to be unjust political, economic, and social subjugation."  For example, the 1912 Catholic Encyclopedia asserts that:

[T]he political activity of man is and remains different from that of woman, as has been shown above. It is difficult to unite the direct participation of woman in the political and parliamentary life of the present time with her predominate duty as a mother. If it should be desired to exclude married women or to grant women only the actual vote, the equality sought for would not be attained. On the other hand, the indirect influence of women, which in a well-ordered state makes for the stability of the moral order, would suffer severe injury by political equality.

Both the Encyclopedia and John Paul II, according to Kaveny, "strongly defend a divinely ordained difference and complementarity between men and women," and both "are worried about the baleful effects of blurred gender lines."  John Paul II cautions that "women must not appropriate male characteristics contrary to their own femine originality."  But what, Kaveny asks, are those characteristics?  Are they the same as those that were identified in 1912 -- impacting women's claims to equality in the educational, employment, and political spheres?  If they're not the same, on what basis does John Paul II accept the traditional anthropological claims regarding gender, yet resist the traditionally espoused implications of those claims?  As Kaveny puts it, "We know that Pope John Paul didn't endorse [the Encyclopedia's] view.  We just don't know why he didn't."

I realize that there will be an entire conference dedicated to Mulieris dignitatem this fall, but I'm wondering if anyone has initial thoughts on Kaveny's important questions.

Fr. Neuhaus on "Civilizing Authority"

A little while back, Fr. Neuhaus generously wrote the following in First Things:  "Lexington Books has just published a volume called Civilizing Authority: Society, State, and Church. Edited by Patrick McKinley Brennan, it is a collection of essays written in response to Arendt’s claim [about the disappearance of authority]. Each is worth reading."  As so often happens, I find myself in agreement with Father. 

I hope you'll treat yourself and others to a copy or two here or elsewhere.  In addition to the foreword by H. Jefferson Powell, it includes chapters by Cardinal Dulles, Joseph Vining, Michael J. White, Glenn Tinder, John Coons, Thomas Kohler, Russell Hittinger, J. Budziszewski, Steven Smith, and Brennan.