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, March 24, 2008

A "free vote" on life?

An interesting story is developing in the United Kingdom, regarding the "Human Fertilisation and Embryology Bill" under consideration in Parliament.  Here is a bit:

Fertility expert and television scientist Lord Robert Winston has accused senior members of the Catholic church of lying over the controversial embryo research bill after an Easter weekend which has seen it condemned from pulpits up and down Britain.

A coalition of charities and support groups representing scientists, doctors and patients suffering from a wide range of serious conditions has written to every MP urging them to back the Human Fertilisation and Embryology Bill, which will allow the creation of part-human, part-animal embryos for medical research.

At the weekend Scottish Cardinal Keith O'Brien said the bill would allow "grotesque procedures" which would "attack the sanctity and dignity of human life".

Read more here.  Apparently, part of the drama concerns the question whether Catholic MPs will be given a "free vote" by the Labour Party: 

Cardinal Cormac Murphy-O'Connor, leader of the Roman-Catholic Church in England and Wales, yesterday became the most senior clergyman to insist that Labour MPs should be granted a free vote.

He urged Catholic MPs - including Cabinet ministers Ruth Kelly, Des Browne and Paul Murphy - and those of other faiths to be guided by their religious convictions.

So far, Labour has refused to follow Parliamentary tradition on issues of conscience and allow MPs to vote as they wish on the Human Fertilisation and Embryology Bill, though it has in the past given free votes on issues such as hunting, reform of the House of Lords and fluoride in drinking water.

Instead, MPs will be whipped - meaning they could face disciplinary action if they refuse to support the Bill. . . .

UPDATE:  As a reader reminds me, it's not just Catholics and Catholic clergy who are worried about the Bill.  Here is Anglican Bishop N.T. Wright's Easter sermon on the issue.

"Testing Religious Freedom"

Here is an interesting story about a fairly high-profile new Catholic, and the risks he is taking in joining the Church. 

Sunday, March 23, 2008

Should Sen. Obama leave his church?

Thoughts on this question from Prof. David Skeel, here.

God bless Bill Stuntz

Prof. Bill Stuntz (Harvard) is an excellent scholar and a deeply good man.  Here is an update, from his blog, on his struggle with cancer.  Oremus.

Saturday, March 22, 2008

Holy Saturday

Holy Saturday is treated by many as simply the time between Good Friday and Easter Sunday, when we ready the churches for the Easter Vigil and shop for Easter dinner.  But, what Holy Saturday offers us is a period to reflect on a world without Jesus, a chance to let the effect of Jesus' death permeate our being.  Accepting this invitation allows us to more fully appreciate the signifiance of Jesus' rising for us.  I have a fuller reflection on Holy Saturday as "tomb day" on my blog here.

Defending James Cone

Just a word about the easy attacks on Black liberation theology and the comparison to Farrakhan.  I agree that Cone's language can seem inflammatory, and sometimes needlessly so.  But he is actually very careful about how he defines his terms.  He uses language like "black" and "white" in very specific ways, ways that do not always correspond to the way we use those terms in everyday language (sort of like the way the term "happiness" gets used in Catholic theology in very loaded ways).  When he talks about defeating whiteness, he does not mean white-skinned people, but rather a system of racially-based oppression.  And when he talks about black people, he means people who live under conditions of poverty and oppression.  This is what he means, I think, when he says that Jesus was black or that any God worth believing in must be part of the black community and against whiteness.  Given how he defines his terms, I agree.  He's not talking about skin color, but about Jesus's and God's preferential identification with the oppressed.  He uses language the way he does, I think, to be provocative and to really challenge his readers, most of whom are probably white.  The language is startling, in part because the iconography of white Christianity is so uniformly, well, white.  God is always portrayed as a white man, Jesus with flowing blonde (!) hair, etc.  Whether you think Cone's tactic works or not, it's unfair (and bordering on dishonest) for James Taranto to look at little snippets of his language and then talk about how hate-filled he is (should we expect anything better from Taranto?  Probably not, but I digress).  Greg, I suggest you go read the entire Black Theology of  Liberation and see if, at the end, you have the same impression.  I read it several years back and found it extremely prophetic, challenging and thoughtful  . . .  and not at all hate-filled.

Friday, March 21, 2008

Valparaiso and the Fifth Anniversary of the Iraq War

[The author of what follows, professor of law Ed Gaffney, Jr., is, as some MOJ readers know, co-author with Judge John T. Noonan, Jr., of Religous Freedom: History, Cases and Other Materials on the Interaction of Religion and Government (Foundation Press 2001).]

University Community Marks Fifth Anniversary of Iraq War

Edward McGlynn Gaffney, Jr.
Professor of Law

On Tuesday, March 18, the Iraq War turned five years old. That is longer than the Civil War, longer than the American involvement in World War I, and longer than the American involvement in World War II. And far more costly to taxpayers than the expenditures for all three of these wars combined: more than a trillion dollars. It was not an early Church Father, but President Dwight David Eisenhower – former commander of the Allied forces in Europe in World War II – who called military expenditures on this scale “a theft from the poor.”

Members of the faculty, staff and student body of Valparaiso University observed the fifth anniversary of the Iraq War with a panel discussion at Christ College in the afternoon. In the evening, the Chapel of the Resurrection was the venue for a solemn commemoration of the dead, the wounded, and those who have suffered from this war.

The afternoon program had the feel of a Vietnam-era “teach-in.” The most notable difference was the graying of those in attendance. Chaired by Professor Sy Moskowitz of the School of Law, a panel of professors gave differing perspectives on the war.

Professor Beth Gingerich of the Business College suggested that – no matter who is elected to succeed President George W. Bush next January – it will probably take much more time to achieve full troop withdrawal than the 60 days bandied about in the current presidential campaign.

Professor Gus Sponberg, Chair of the American Studies Department, offered a parodic way out of the current chaotic condition: America should offer to airlift millions of Iraqis to our country and to provide them all with resettlement in a portion of the country suffering from a drop in population: the Plains states from the Dakotas in the north to Texas and Louisiana in the south. Sponberg’s “modest proposal” was quickly dubbed the “Fallouja to Fargo” plan. Its total cost, Sponberg noted, would be a small fraction of the enormous cost of the war in its first five years.

Noting that the price of a barrel of oil climbed past $110 per barrel recently, Professor Chuck Schaefer, Chair of the History Department, gave an introduction to the history of Western – first British and then American – interests in the oil resources of Iraq as a major signifier in this war.

Professor Brent Whitefield, another VU historian, offered a contrasting view. He urged restraint on withdrawal of troops from Iraq, on the view that the orderly transfer of authority matters more than a “cut and run” policy like the policy adopted by the Clinton administration in Somalia. He suggested that the American occupation of Japan offers a model for producing an amicable partnership that has endured long after the Allies forced Japan to abandon its conquest of the Pacific rim.

“We set out to illustrate diverse perspectives on this war,” Moskowitz stated, “and we achieved this goal.”

In the evening gathering at the Chapel of the Resurrection, the focus was more on the human costs of the war: less on the expenditure of our treasure and more on the shedding of our blood and loss of life by almost 4,000 of our own soldiers and by a vast number of Iraqi dead (at least 60,000 and perhaps as many as a half million), with at least two million displaced and homeless refugees.

The civic event featured Jewish, Christian and Muslim leaders. Pastor Joseph Cunningham, Dean of the Chapel, welcomed all the participants to the gathering. Rabbi Shoshana Feferman of Temple Israel in Valparaiso, and Imam Mongy El-Quesny of the Islamic Center in Merrillville offered a reflection from their traditions. Dr. Fred Niedner, Chair of the Theology Department, read a poem by Wendell Barry that the farmer-poet wrote during the Vietnam War, but that could have been written yesterday about the current wars in Iraq and Afghanistan.

The names of all of the American soldiers and pilots, sailors and marines, who have died in Iraq were constantly being flashed up on the north wall of the Chapel, casting an eerie light on the sanctuary’s red bricks. Several members of the faculty and staff and local civic leaders – Jane Bello-Brunson, Lorri Cornett, Mary Ann and Joe Crayton, Stacy Hoult and Dan Saros, Tim Malchow, Carlos Miguel-Pueyo, and Tim Taylor – pronounced slowly and reverently the name of each member of our armed forces from Indiana who was killed in Iraq.

Professor Lorraine Brugh, Director of Chapel Music, led the Kantorei in an acapella rendition of a blessing from the Book of Numbers, “The Lord bless thee and keep thee.”

After hearing a brief part of John Donne’s famous 1623 sermon (“Nunc Lento Sonitu Dicunt, Morieris”) – “Never send to know for whom the bell tolls; it tolls for thee.” – the respectful crowd listened to the tolling of the Chapel bells for five full minutes that seemed an eternity.

Then we went silently into the night, as moist rain fell softly over the living and the dead.

Fear the Leprechaun

The Volokh Conspiracy's Todd Zywicki (George Mason) and I made a friendly wager (here and here) on last night's basketball game between George Mason and Notre Dame.  As Stewie Griffin would say, "victory is mine."  Go Irish.  And, to paraphrase Fr. Ted Hesburgh, "God does not care who wins the game.  But, His mother does."

Pope Benedict's Upcoming Visit

One of the reasons I'm looking forward to Pope Benedict's upcoming visit to the U.S. is the hope that I can comfortably watch the evening news with my seven-year old daughter again.  That's not been possible lately, between Spitzer, his gubenatorial successor, and Rev. Wright.  John Allen's latest column is a handy "One-Stop-Shopping Guide" to the Pope's visit.

China, Tibet, and Freedom

New York Times
March 21, 2008

During Visit, Pelosi Offers Support to Dalai Lama
By SOMINI SENGUPTA

DHARAMSALA, India — As far as visits by American politicians go, it would be hard to stage a warmer reception.

Buddhist nuns waved American flags and the Dalai Lama ordered his followers to offer a standing ovation Friday morning as Nancy Pelosi, the speaker of the House of Representatives, came to Dharamsala, the emotionally charged headquarters of Tibetan exiles, and seized the opportunity to stick a finger in the eye of China.

“If freedom-loving people throughout the world do not speak out against China’s oppression in China and Tibet, we have lost all moral authority to speak on behalf of human rights anywhere in the world,” Ms. Pelosi, Democrat of California, told an overwhelmingly Tibetan audience of around 2,000 people in the courtyard of the town’s main temple, Tsulakhang.

The visit by Ms. Pelosi, accompanied by nine other members of Congress, most of them Democrats, was arranged some time ago as part of a visit to India. As it happened, though, it came on the heels of the largest protests in Tibet in nearly two decades, followed by a broad crackdown by China, and almost nonstop demonstrations in solidarity in this city, where the Tibetan government in exile has its base.

The timing could not have been better, at least for the Americans. It was unclear what the visit would yield for Tibetans or even for the Dalai Lama, other than a symbolic boost. Certainly Ms. Pelosi’s visit received more coverage from the news media than it might otherwise have; the protests in Tibet have brought reporters from around the world to this small Indian hill town.

On Friday morning, Ms. Pelosi and her husband, Paul Pelosi, descended the stairs of the temple to huge applause, with the Dalai Lama sandwiched between them, holding their hands.

“We are here at this time to join you in shedding bright light on what is happening inside Tibet,” Ms. Pelosi said.

Throughout her speech, which lasted less than 10 minutes, the Dalai Lama sat in a stuffed chair, clasping his hands, rocking side to side, a smile on his lips.

“Little did we know we would be coming at such a very sad time,” she continued. “Perhaps it is our karma, perhaps it is our fate we be with you at this time.”

The prime minister of the Tibetan government in exile, Samdhong Rinpoche, said just before Ms. Pelosi arrived that his administration had no specific requests of the American politicians. “That she will suggest,” he said.

The winding road to the temple was lined with flags — of the United States, India, and the Tibetan government in exile.

One man in the audience held up a homemade placard that read “Thank you for recognizing nonviolent struggle.”

A 38-year-old monk who spent four years in a Chinese prison for participating in protests in Tibet in 1988 said he hoped Ms. Pelosi would use her visit to put concrete pressure on the Chinese government, including encouraging dialogue with Beijing and a push for international humanitarian agencies to aid those injured.

“If she doesn’t do anything and just come here, then nothing,” said the monk, who gave his name as Bagdro.

The American delegation was first accompanied by the Dalai Lama to the main prayer hall of Tsulakhang Temple. They were scheduled to have lunch at the Dalai Lama’s residence, followed by a visit to a Tibetan school and crafts center nearby.

The Dalai Lama has long enjoyed American support.

Last fall in Washington, he received the Congressional Gold Medal. Ms. Pelosi noted then that when the Dalai Lama was young, he received a gold watch from President Franklin D. Roosevelt, which he carried with him when fleeing Tibet in 1959.

Her first message to the audience on Friday was to acknowledge their gift to her country.

“Thank you for your warm welcome and thank you especially for flying the American flag today,” she told them. “This is more than we could have ever dreamed of.”