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.

Tuesday, March 4, 2008

Robby George Responds to the 3L About Hagee and McCain

Dear 3L:

Like you, I am disappointed that John McCain has accepted the endorsement of John Hagee.  Mr. Hagee promotes some truly appalling libels against the Catholic Church, including those advanced first by European leftists, such as Rolf Hochuth, and then by Catholic liberals, such as John Cornwell, against Pope Pius XII and other Catholic leaders whom they accuse of failing to aid Jews and other victims of Nazism and even of sympathizing with Hitler.  Just as the roots of eugenics were in the progressivism of the Weimar period before the rise of the Nazis, the roots of Hageeism in its attempt to link Catholicism and Nazism are in the leftism of the 1960s.  Hagee did not invent the black legends he promotes, just as the Nazis did not invent the horrific doctrine of lebens unswerten leben.

I wish McCain would distance himself from Hagee, just as I wish Barack Obama would distance himself from Jeremiah Wright.  But my vote in this election will not be determined by whose endorsements these candidates accept or reject.  My vote will be determined on the basis of my judgment about what respect for basic human rights requires of me as a voter.  I plan to vote for McCain because he fundamentally accepts, and Obama fundamentally rejects, the principle that each and every member of the human family, irrespective not only of race, sex, and ethnicity, but also irrespective of age, size, stage of development or condition of dependency, possesses inherent dignity and, as such, is entitled to the protection of the laws.  The killing of human beings in the embryonic and fetal stages is the great human rights issue of our domestic politics.  It is an issue on which clear lines have been drawn between the candidates.  McCain's record is not perfect, but it is very good.  Obama's record is appalling.

I have heard some people argue that, despite their stated differences, there would be little actual difference between an Obama presidency and a McCain presidency on sanctity of life issues.  Some have even suggested that Obama is the better choice because his policies would reduce the "need" for abortions.  I think this view is deeply misguided for a many reasons.  I would be happy to go into detail as to these reasons if you like.  For now, I will simply point out that Obama has vowed to appoint Supreme Court justices who will rule that the killing of the unborn is a constitutional right---a fundmental principle around which we as a people constitute ourselves as Americans.  Moreover, he would revoke the "Mexico City Policy," thus implicating all of us in paying for the killing of unborn children by abortion in foreign nations.  And he would seek public funding for abortions at home.  He would empower abortion providers such as Planned Parenthood in countless ways.  That is why they support him and oppose McCain.

But even if we were to assume what I believe is patently untrue, namely, that Obama's policies would reduce the number of abortions, still the certain death toll under Obama would make it morally impossible for me to support him.  Let me say why.  Obama and McCain are on opposite sides of what will be the great pro-life struggle of the next decade, namely, the creation by cloning of human embryos to be destroyed in biomedical research.  McCain is a co-sponsor of the bill introduced in the Senate by Republican Sam Brownback and Democrat Mary Landrieu to forbid all human cloning, including the creation of human embryos for research.  Obama supports legislation that would authorize and fund the creation of human beings for research in which they are killed in the embryonic stage.  Even on the most wildly optimistic view, any reduction of abortions under an Obama administration would be hugely offset by the creation and killing of embryonic human beings for research.

To make matters worse, the legislation Obama supports would, in effect, require the destruction of every embryonic human created by cloning.  It would make it a crime to save the embryo, by permitting him or her to be rescued by a woman who was prepared to have the embryo implanted in her womb.  The bill Obama supports is quite literally a "clone and kill" bill.  It pretends to ban "cloning," but it does nothing at all to ban cloning.  What it bans, and would punish, is the implantation of any embryo who has the misfortune of coming into existence by cloning.  It imposes on that tiny developing member of the human family a sentence of death.

Liberal bioethics writer Will Saletan, who supports embryo-destructive research, has stated with admirable candor and clarity what is being proposed here:  “the mass production, exploitation, and destruction of human embryos.”  The legislation Obama supports would result in a huge industry in human embryo-production and human embryo-killing.  The death toll would quickly become enormous.  Assuming that the Democrats retain and strengthen their control of Congress, that legislation will be passed sometime early in the next presidential administration.  If McCain is elected president, he will veto it; if Obama is elected, he will sign it into law.

There are many injustices in our country.  None can compare, however, with abortion and embryo-destructive research when it comes to the gravity and sheer scale of the injustice.  We are talking about life and death here in huge numbers.  Indeed, the scope of the killing itself tends to numb our sense of the horror of it.  We think about it as little as we can, for understandable reasons.  It is hard to get through the day if we focus our minds squarely on the thousands of deliberate and legally authorized killings that go on every day in our nation.  (The same was true for opponents of slavery in the 19th century.)  But, as I see it, there is no avoiding our moral obligation to make this profound violation of human rights central to our deliberations as voters.  If we were the victims, we would expect others to make the protection of our lives central to their decision about voting.  So, as I see it, the implications of the Golden Rule are clear.  The question for each of us is whether we are willing to live by it.

Yours faithfully,

Robert George

===========================================

Robert P. George
McCormick Professor of Jurisprudence
Director, James Madison Program in American
    Ideals and Institutions
Princeton University
244 Corwin Hall
Princeton, NJ  08544
(609) 258-3270
(609) 258-6837 (fax)

Monday, March 3, 2008

McCain, Hagee, and Politics Generally

Michael P. has posted a serious question from a devout Catholic 3L who is troubled by McCain's failure to distance himself from the anti-Catholic Hagee.  Michael asks me among others to respond to the student.  Here is my response - I'll be glad to discuss this question privately with the student, but I do not (or only very rarely) discuss partisan politics or elections publicly. 

To my mind our culture has a disordered obsession with electoral politics, and I personally know several people who treat politics as a god of sorts.  The Catholic Legal Theory project transcends today's partisan divide, proposing a more authentically human anthropology as a grounding for our society, a grounding that requires rethinking of certain assumptions by those on the left as well as those on the right.  I prefer to work in this arena, taking the longer term view of the project in a way that frees me from the temporal/political labels of today's politics.  I can't, of course, prevent others from assigning the left/right, liberal/conservative labels to me, but I don't want to do it to myself.  As an immigration law professor, I often find myself in the company of very liberal folks who by and large don't know and don't talk to people on the right.  As a constitutional professor who cares deeply about the sanctity of life for all human persons including the unborn, I often find myself in the company of very conservative folks who by and large don't know and don't talk to people on the left.  Maybe I'm just pissing in the wind (sorry for the language Rob!), but I like to think that I can participate in building some long-term bridges by not being publicly partisan in my short-term politics.

I am not judging anyone else who engages publicly in partisan politics.  It needs to be done, I think those of us on MOJ have a lot to contribute to the discussion, and I understand that readers flock to MOJ when we are discussing partisan politics.  All I'm saying is that it isn't my cup of tea for what I judge to be good reasons.  This also doesn't mean that I don't have opinions about these matters.  I have already decided which party's candidate I will back for president, and it is doubtful that my position will change over the next 9 months. 

McCain & Hagee, Revisited

I received an e-mail message from a third year law student today, and I thought that many MOJ readers would be interested in reading it.  So, with the student's permission, I'm pasting the message below.  I hope MOJ bloggers who are  committed to voting for McCain in the general election--or who are presently inclined to vote for him--can post a response to the student's inquiry.  Rick?   Michael S.?  Others?

I am  a 3L, a devout Catholic, and have been reading (and enjoying) MOJ for quite a while now.  I have a question regarding the recent turn of events with John McCain.  I don't suppose there is actually a correct answer to this question, but what is a moderate, but right leaning, devout Catholic to do?  I consider myself politically moderate, but find myself leaning more republican because of health care, abortion, and a couple other issues that I find most important.  But I find it hard to support a candidate who aligns himself  with people such as Hagee who speaks so disparagingly of the Catholic church. Is there any sort of guidance from the CCC?  Is it "better" to vote for someone who advocates for obviously catholic policies (i.e. abortion, sanctity of marriage, etc...) and "disregard" his inferred support of anti-catholic sentiments?    Are we hypocritical to continue to lend our support for McCain?  Do we consider his statements as just another cross we have to bear?  Or, do we vote for someone who disconnects themselves from all people who make intolerant statements despite the fact that many policies are against many of the basic tenants of the catholic faith? As I mentioned before, these questions are most likely ones without definitive answers.  I also am aware that November is still 9 months away and a lot can happen in that time. But, since we're all in the legal field and like to discuss hypotheticals, even those that may not occur, I thought I'd throw this out there anyway. Thank you for your time.

Religiously Affiliated Law Schools conference

Detailed information on this year's Religiously Affiliated Law Schools conference (at Boston College, on April 6-7), can be found here.  Here's the overview:

Faith can spark professional formation and intellectual growth as well as spiritual and moral development. The Conference presentations and panels will center on the relationship between religion and a lawyer’s professional formation, that is, how faith can influence the growth of our students as lawyers and the development of our faculty members as scholars, teachers, and mentors. This two-day event should be of great interest both to faculty and to student service professionals.

Martin Sheen on abortion

This year, the University of Notre Dame's Laetare Medal will be awarded to actor-activist Martin Sheen.  (Story here.)  Here is the statement of Notre Dame's President, Fr. John Jenkins:

"As one of our nation's most recognizable and accomplished screen actors, Martin Sheen has achieved a level of celebrity that few Americans enjoy," said the Rev. John I. Jenkins, Notre Dame's president. "He has used that celebrity to draw the attention of his fellow citizens to issues that cry out for redress, such as the plight of immigrant workers and homeless people, the waging of unjust war, the killing of the unborn and capital punishment. We welcome the opportunity to lift up his example for our church, our country, and our students."

Here is what Mr. Sheen had to say about abortion in an interview with The Progressive:

Q: What are your views on abortion?

Sheen: I cannot make a choice for a women, particularly a black or brown or poor pregnant woman. I would not make a judgment in the case. As a father and a grandfather, I have had experience with children who don't always come when they are planned, and I have experienced the great joy of God's presence in my children, so I'm inclined to be against abortion of any life. But I am equally against the death penalty or war-- anywhere people are sacrificed for some end justifying a means. I don't think abortion is a good idea. I personally am opposed to abortion, but I will not judge anybody else's right in that regard because I am not a woman and I could never face the actual reality of it.

Sigh.

UPDATE: As (more than) a few gimlet-eyed MOJ readers have noted -- some, it seems, with the relish that comes with spotting others' typos -- the Laetare Award is going to Martin "Apocalypse Now" Sheen, not Charlie "Hot Shots! Part Deux" Sheen. My bad. More UPDATE: I did not intend to (and so, did not) -- as one commenter at the Vox Nova blog put it -- "decry" the recognition of Sheen, whom I admire. What I "sigh[ed]" about was the fact -- and it is a fact -- that someone who comes so close to being an interestingly consistent and therefore provocative witness to the Gospel of Life dropped the ball, at the end of the day, with the "personally opposed but . . . " position. Sheen's failure here -- to take a position that would actually cost him, in the world he inhabits -- is a missed opportunity. It does not surprise me that Notre Dame is going to honor him -- there are many good reasons to honor him -- but it does disappoint me that Sheen (who is not, after all, running for office or seeking a seat on the Supreme Court) is unable, or unwilling, to actually say what's what on the issue. Finally, my Vox Nova colleague Morning's Minion wrote, in the comments section at that blog, something along the lines of "well, Sheen's no different than John Roberts, who is actually in a position to do something about abortion." Actually, it is not at all obvious to me that John Roberts -- whose job, of course, is to decide legal cases -- is in a better position to change hearts, minds, and practices on abortion. And, in any event, to observe, as Roberts did, that Roe is the law of the land is not to do what Mr. Sheen did, i.e., to contend that the abortion is not a wrong of the kind the law should prevent or discourage.

Hagee, McCain, and Bigotry

Why Won't John McCain Reject Anti-Catholicism?

Dear Friend,

Last Wednesday, Senator John McCain said he was "honored" to receive the endorsement of Evangelical pastor John Hagee. Pastor Hagee is a controversial and influential figure who has issued sentiments offensive to many Catholics. He has argued that the Catholic Church inspired and supported the Holocaust, and even called it the "Great Whore."

In 2000, John McCain made headlines when he publicly spoke out against faith leaders he described as "agents of intolerance." Now he is openly touting Pastor Hagee's divisive endorsement - a move that calls into serious question his commitment to principle.

Click here to send John McCain an email and ask him to stand up for his convictions and reject this endorsement.

Catholics United wrote John McCain last week and asked that he publicly distance himself from Hagee's anti-Catholic comments and reject this endorsement. After receiving numerous inquiries from the media, John McCain has refused to condemn Hagee's anti-Catholic comments.  He remains "proud" of this endorsement.

Ask John McCain to reject anti-Catholcism and Pastor Hagee's endorsement.

As Catholic League president Bill Donohue pointed out, Sen. Barack Obama rejected an endorsement from Nation of Islam leader Louis Farrakhan, an endorsement the senator did not solicit in any way. But McCain not only asked for Hagee's endorsement, he was proud to win it. Tell Senator McCain to do the right thing and demonstrate unequivocally that anti-Catholicism and intolerance have no place in American politics.

Sincerely,

Chris and James
The Catholics United Team

Watch a CNN clip on the Controversial Endorsement

Read Catholics United's Letter to John McCain

Read a New York Times Report on John McCain speaking out against "agents of intolerance"

Sunday, March 2, 2008

Reviving Scholastic Usury Theory

Brian McCall, University of Oklahoma College of Law, wrote with his reaction to the recent article by Professors Peterson & Graves, "Usury Law and the Christian Right," the subject of a recent post.   Brian has just written an article concluding that modern credit regulation could benefit from application of a scholastic theory of usury.  Brian's comments:

I saw your post about the article of Professors Peterson and Graves on usury and the Religious Right.  I have read their article which presents some excellent empirical research about the location of abusive pay day lenders.  Their paper shows a correlation between concentrations of payday lenders and states with significant numbers of Christians committed to social issues informed by the Faith.  The article implies the question, “why would states with large sections of the population seeking to conform secular law to biblical truth apparently not exhibit concern over usury?” 

Coincidentally (or providentially) I have just submitted a draft article to various law reviews which may contain an answer to this question.  For the past year I have been studying the philosophy of usury as it developed in the West from the biblical texts to modern rate regulation.  The conclusion I reached was that a significant philosophical shift occurred in the sixteenth century that caused Christians to depart from the original theory.  This new subjectivist approach only found offenses when a bad intention was present.  Rate limitation was seen as a substitute for finding bad intention.  This shift caused the original objectivist approach (some transactions are by their nature unjust and need to be prohibited regardless of intention) to usury regulation to fall out of fashion.   My objective is to reintroduce the principles of the original scholastic theory into the modern credit regulation debates we are seeing almost daily in our newspapers.  By returning to these principles we could redesign usury law to bring more coherence, consistency and fairness to our credit markets.

The current draft of the paper can be found at http://works.bepress.com/brian_mccall/3/

Happy Texas Independence Day!

What Orwell saw...

David Scott has an insightful article at Godspy on Benedict XVI as the Pope of hope.

"In an unsigned review printed in the New English Weekly in 1932, George Orwell remarked: “Very few people, apart from Catholics themselves, seem to have grasped that the Church is to be taken seriously.”

This is probably more true today than it was seventy-five years ago. And it is probably true too, unfortunately, with regards to Pope Benedict XVI.

Nearly three years into his papacy, Benedict has emerged as the wisest leader on the world stage today, one who has thought deeply about what ails us in these troubled times and has offered compelling answers for what we should do about it. But very few people, even among Catholics, seem to have grasped this or taken him seriously.

It may be that people aren’t paying much attention because of his age—he’s almost 81 now—and because he arrived on the scene only after a long apprenticeship in the Vatican and the long twilight of his beloved predecessor, John Paul II. But this is no caretaker Pope biding time until a more youthful helmsman can be found for St. Peter’s barque.

Commentary and media coverage, even to a large extent that found in the Catholic press, tends to focus on Benedict’s “positions” on whatever is the hot-button issue of the day—abortion, gay “marriage,” the war on terror, the Latin Mass, ex-communicating Catholic politicians, and the like.

But looking through this kind of reductionist lens, we’re bound to miss that aspect of Benedict that might have struck Orwell, though he himself was no fan at all of the Church or any organized religion.

What Orwell was honest enough to recognize about Catholicism is true about Benedict as well. Like the Church he leads, Benedict has a comprehensive, integrated vision of life and society that ranges from human psychology and spirituality to justice and peace within and among nations.

What he has offered the world in his few hundred speeches, homilies, and other statements over the last couple years represents the late work of a remarkable 60-year career as a theologian, pastor, and public intellectual.

You don’t find in Benedict any of the defensive, self-justifying chest-thumping and controversy-mongering that passes for so much of contemporary apologetics in this country.

Benedict gives account for the hope that is in him with the serene self-possession of one of the early martyrs. Jesus Christ is real, he tells us, and the Church’s claims are true. It is not only reasonable for us to believe these things; even more, these are truths worth dying for—and changing our lives to live for.

In Benedict we always catch an echo of the confidence of the early Church, of people like St. Ignatius of Antioch, who once wrote: “Christianity is not the result of persuading people. Rather it is something truly great.” (Ignatius wrote those words, incidentally, while behind bars waiting to be fed to the Roman lions.)"

For the complete article click here.

Saturday, March 1, 2008

Benedict XVI's Address to Ambassador Glendon

VATICAN CITY, FEB. 29, 2008 (Zenit.org).- Here is the address Benedict XVI gave today in English upon receiving in audience Mary Ann Glendon, the new ambassador of the United States to the Holy See.

* * *

Your Excellency,

It is a pleasure for me to accept the Letters by which you are accredited Ambassador Extraordinary and Plenipotentiary of the United States of America and to offer my cordial good wishes ...

From the dawn of the Republic, America has been, as you noted, a nation which values the role of religious belief in ensuring a vibrant and ethically sound democratic order. Your nation’s example of uniting people of good will, regardless of race, nationality or creed, in a shared vision and a disciplined pursuit of the common good has encouraged many younger nations in their efforts to create a harmonious, free and just social order. Today this task of reconciling unity and diversity, of forging a common vision and summoning the moral energy to accomplish it, has become an urgent priority for the whole human family, which is increasingly aware of its interdependence and the need for effective solidarity in meeting global challenges and building a future of peace for coming generations.

The experience of the past century, with its heavy toll of war and violence, culminating in the planned extermination of whole peoples, has made it clear that the future of humanity cannot depend on mere political compromise. Rather, it must be the fruit of a deeper consensus based on the acknowledgment of universal truths grounded in reasoned reflection on the postulates of our common humanity (cf. "Message for the 2008 World Day of Peace," 13). The Universal Declaration of Human Rights, whose sixtieth anniversary we celebrate this year, was the product of a world-wide recognition that a just global order can only be based on the acknowledgment and defense of the inviolable dignity and rights of every man and woman. This recognition, in turn, must motivate every decision affecting the future of the human family and all its members. I am confident that your country, established on the self-evident truth that the Creator has endowed each human being with certain inalienable rights, will continue to find in the principles of the common moral law, enshrined in its founding documents, a sure guide for exercising its leadership within the international community.

The building of a global juridic culture inspired by the highest ideals of justice, solidarity and peace calls for firm commitment, hope and generosity on the part of each new generation (cf. "Spe Salvi," 25). I appreciate your reference to America’s significant efforts to discover creative means of alleviating the grave problems facing so many nations and peoples in our world. The building of a more secure future for the human family means first and foremost working for the integral development of peoples, especially through the provision of adequate health care, the elimination of pandemics like AIDS, broader educational opportunities to young people, the promotion of women and the curbing of the corruption and militarization which divert precious resources from many of our brothers and sisters in the poorer countries. ...

... The American people’s historic appreciation of the role of religion in shaping public discourse and in shedding light on the inherent moral dimension of social issues -- a role at times contested in the name of a straitened understanding of political life and public discourse -- is reflected in the efforts of so many of your fellow-citizens and government leaders to ensure legal protection for God’s gift of life from conception to natural death, and the safeguarding of the institution of marriage, acknowledged as a stable union between a man and a woman, and that of the family.

Madam Ambassador, as you now undertake your high responsibilities in the service of your country, I renew my good wishes for the success of your work. ...

For the full address click here.