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, October 16, 2007

Finn on the Self-Interest Conundrum

Susan, picking up on your exchange with Sr. Margaret John on self-interest, folks might find food for thought on this in Dan Finn’s recent book, The Moral Ecology of Markets.  I think it’s a terrific resource for all of us who are working with the economic implications of CST.

On page 56, Finn describes the distinction between psychological egoism (“all human action is inevitably egoistic, oriented toward the benefit of the actor . . . ‘Each of us is always seeking his own greatest good, whether this is conceived as pleasure, happiness, knowledge, power, self-realization…’”); and ethical egoism (the moral argument that “an individual’s one and only basic obligation is to promote for himself the greatest possible balance of good over evil.”).  He then outlines a number of problems with psychological egoism, including the underlying tautology— “If every conceivable human action can be explained by self-interest, then self-interest explains nothing.” (57); the distortions entailed in a description of the world “that cannot distinguish saint from sinner, martyr from murderer, altruism from selfishness” (57); and the challenges that it poses for common understanding—most people have trouble absorbing that “technical economic notion of self-interest can include concerns for others.” (57).  Finn concludes: “Leading a moral life is difficult and at various times requires the subordination of one’s interest to those of others.” (57)

Later he discusses two examples: first, presented with the choice of whether to buy dented cans of beans, leaving the good cans for other customers, he notes: “the self-interested thing to do is to buy undented cans, while the neighborly thing to do is to buy the dented cans.” (109).  But in a context where customer complaints may generate systematic improvement in production or delivery, refusing to buy the dented might actually be a service to the common good (or at least efficiency): “Self interest need not result in harmful effects for others.  It can … actually lead to a more careful husbandry of the goods of the Earth.” (111).  In contrast, faced with the dilemma of whether to buy a cheaper rug made by child slave-labor, one may not have the same hope for systematic change. The difference between the two examples “is in the institutional framework within which these two chains of events occur.” (112).  Thus it is futile to look for “a simple rule based on the intention of the actor to determine whether narrowly self-interested action is good or bad.” (113). 

            By way of probing the insights of Sr. Margaret John, here’s my question for Finn: Could this tangle all boil down to a natural law argument about teleological nature of human beings?  Is the reason that most people have trouble absorbing a notion of self-interest that includes others because of a widespread philosophical foundation of individualism?  If that is the case, is that a reason not to push the boundaries on this argument?  If a more relational vision of the self is at the foundation of the analysis, might that shift a sense of when one’s interests are “subordinated”?  Could a relational understanding of the self run parallel to how interest over time (long range interest) adds complexity to the analysis?  Might it actually be more neighborly to refuse to buy dented cans, communicate one’s concern, and push for a systematic change in packing procedures?  Is the bean example in tension with the list of concerns about psychological and ethics egoism?  Might a more robust image of the relational self (eg, the self not essentially in tension with others) make the moral life less “difficult”? 

Amy

Pro-Life, but against S-Chip expansion?

A group called "Catholics United" criticizes "ten members of Congress whose opposition to the State Children’s Health Insurance Program (SCHIP) have compromised their pro-life voting records."  Here is the full release. “Building a true culture of life requires public policies that promote the welfare of the most vulnerable,” said Chris Korzen, executive director of Catholics United. “At the heart of the Christian faith is a deep and abiding concern for the need of others. Pro-life Christians who serve in Congress should honor this commitment by supporting health care for poor children.”

Here is Ryan Anderson's response, "A Hijacking in Progress."  Anderson writes:

I'm no health-care expert, but it seems to me that that there are legitimate arguments on both sides of the debate over this bill. Those who think a single-payer, federally funded health insurance program is ultimately the way to fix American health care will likely support the expansion of S-chip as a step in that direction. Those who think that this expansion will reduce competition in the health care market and create too many additional entitlements that the federal government can't fund (as millions of middle-class families who previously paid for private insurance for their kids opt in for this "free" one) have opposed it. This is what some of the congressmen that Catholics United is targeting have said--they support reauthorizing S-chip as it currently is, but the Democrats' plan for its expansion is a mistake. . . .

The pro-life jabs are particularly distasteful and destructive. They are nothing more than gross moral equivocation and the intentional hijacking of language. If every poverty-fighting bill under the sun becomes a "pro-life" bill, then the words lose all meaning. According to its website, Catholics United is a pro-life group dedicated to protecting the 1.3 million Americans killed every year by abortion. Yet it is leading the charge to eviscerate the clear meaning that the words "pro-life" have had in the American context for the past generation: opposition to legalized abortion coupled with support for mothers facing crisis pregnancies.

But no one is against health care for poor children. In this debate there is no pro-poor and anti-poor.  Everyone is pro-poor.  There simply are different ways of being pro-poor: one way emphasizes federal programs and nationalized care, and one favors private initiatives and community empowerment. Extending federally-subsidized state-run health insurance to children in families making eighty-thousand dollars a year is one way among many to meet the needs of children.  Drawing largely from Catholic Social Doctrine, the principle of subsidiarity, the autonomy of the family, and John Paul II's moral critique of the welfare state, I happen to think it's a mistaken way. But I won't call you a bad Catholic or anti-life if you disagree.

Holy Hoops

It's almost time, friends.  No, I'm not talking about Fall Break, the feast of St. Margaret of Scotland, or (shudder) the first presidential primaries.  I'm talking about college basketball.  A good time, then, for this review, "Holy Hoops", by Jason Byassee, of Will Blythe's (misguided, of course) To Hate Like This Is to Be Happy Forever: A Thoroughly Obsessive, Intermittently Uplifting, and Occasionally Unbiased Account of the Duke-North Carolina Basketball Rivalry (HarperCollins, 2006).  Here's the opening of the review:

The air has turned. The heat is gone, cool is here, cold is coming. This can only mean one thing: college basketball is on its way.

In advance of this quasi-liturgical season (at least for those reared in North Carolina, Kentucky, Indiana, and other enlightened places) let us ponder matters metaphysical. I have evidence for the existence of a merciful God. Proof, almost: Duke and North Carolina have never met in a men's basketball Final Four. How could heaven compare to the joy of winning such an apocalyptic contest, or hell to losing it? If bonfires and naked revelry erupt when the two meet in regular season games, what manner of destruction and mayhem would accompany a title game between the two?

Now, what's the connection to Catholic legal theory?  Hmmm.  Well, Coach K. is a Polish Catholic from Chicago.  And, of course, all things pertaining to the true, the good, and the beautiful ought to be within our purview here at Mirror of Justice.  Finally, there is some God-talk in the review.

Another reflection on capital punishment

This is not a direct response to Susan’s postings regarding capital punishment, but it is presentation of some views that I believe constitute one Catholic legal theory approach to this important issue. I have been working on this [Download moj_death_penalty.doc ] for some time. My views may help others in their consideration of the status of the death penalty wherever it still exists.   RJA sj

Monday, October 15, 2007

More on the Death Penalty

Mike Schutt offers this follow-up to my prior post on the death penalty and our creation in the image of God:.

"1. I do understand the point on the alteration in the way we read the OT; yet, it is clear that God is saying that murderers, at least *then*, where to be put to death because human beings are created in the image of God (again, Gen. 9:6).  Unless anthropology has changed, the imago Dei is still the reason it was instituted in the first place, I think. 

"2. So, the question is, I guess, how do we find out the *now*?  The Gen 9 passage is not part of the Mosaic law that is so difficult to interpret and apply in light of Christ's death and resurrection.  Yet even the Sermon on the Mount (a portion of which you quote in the eye for an eye passage) points not to a relaxation of the OT Mosaic law, but a *higher* standard for meeting the demands of God (for salvation).  It speaks nothing to the civil law, other than to say it is not God's standard, perfection is, and it does not advocate abolishing the civil laws, though of course Christ's death does change much of the Mosaic covenant.  Do you know of an argument or position  that addresses the Noahic covenant or the death penalty in light of the NT?  I am not acquainted with arguments regarding treatment of this particular passage or a theological position that would say that the Noahide passages are no longer ap plicable.

"3.  To the contrary, Romans 13 speaks of the civil ruler "not bearing the sword in vain" as God's "instrument of wrath."  In the face of lack of contrary evidence regarding Genesis 9, I don't see an imago Dei argument. 

"4.  I would like to explore the possibility that the incarnation may change how we act upon human beings created in the image of God, and the possibility that the Incarnation fundamentally alters the OT approach.  I'm not sure it can work, given the explicitness of the passage, but I do understand what you're saying.

"I am not saying that I don't understand the prudential and administrative arguments for abolishment or moratorium-- I'm just trying to get a clear picture of the basis of the imago Dei position and the Catholic theological approach to the Genesis and Romans passages."

Any reactions to Mike's observations?

Death Penalty and Imago Dei

In a recent post on the UN's call for a global moratorium on the death penalty, I stated my belief that "the death penalty is inconsistent with Catholic Social Thought.  The dignity of the human person, our creation in God's image, demand that we seek alternatives to the death penalty."  MOJ-friend Michael Schutt sent the following in response:

"I'm wondering two things.  At bottom, my issue is with the imago Dei being the foundation of opposition to the death penalty, when Scripture teaches that human dignity that comes from being created in God's image is the foundation for the death penalty (Genesis 9:6: "Whoever sheds the blood of a human, by a human shall that person's blood be shed; for in his own image God made humankind.")   So . . . I have two questions, if you can help:

"Is there any interaction with this passage, that you are aware of,in the current thinking in RC circles?  Rick Garnett's excellent piece from a few years' back (which takes the same position that you do)does not mention it.  It's not as if this is an obscure part of the Mosaic law-- it's in the Noahic covenant, not Mosaic, and one that theologians see as generally applicable today based on God's promise never to flood the world again.

"In Evangelium Vitae, JP II does start with the principle of imago Dei, but later expressly says that it is only absolute as to "innocent persons" (para. 57).  He has to go further than the imago Dei in order to build a case against the death penalty.  It seems his clearestnprinciples are based on state "protection" of society and rooting criminal justice theory in rehabilitation and behavior modification (para. 56) (rather than, say retribution).  In fact, he concludes his discussion by quoting the Catechism:">"If bloodless means are sufficient to defend human lives against an aggressor and to protect public order and the safety of persons, public authority must limit itself to such means, because they better correspond to the concrete conditions of the common good and are more in conformity to the dignity of the human person".  That "IF" says it all:  the death penalty would be permissible if necessary to defend society; therefore it is not absolutely--only conditionally-- rooted in the imago Dei, but is instead rooted in a particular theory of the state and of criminal justice.

"It seems to me if the imago Dei compels the death penalty, it cannot be the reason to abolish it.  I don't think that this is the teaching of the Church, but it seems to be what many Roman Catholics are saying.  Since I'm jumping on a one-sentence post of yours, I understand that I may be completely missing the boat.  But I think this has implications for a host of other things that RCs and evangelicals talk past each other about. >Any thoughts?"

I offered the following initial quick reply to Mike's queries:

First, although I haven't seen discussion of this passage in the Catholic discussion about the death penalty, I obviously don't believe that our creation in God's image compels the death penalty.  The Incarnation changes radically how we read Old Testament laws. (Think of Matthew 5:38 - "you have heard it said an eye for an eye, but I say...") and I think our understanding of what it means to be created in the image of God has to be informed by Christ's becoming human.  A different way ot saying that is that the dignity of the human person "flows directly from the doctrine of the Incarnation itself" in the words of Michael Himes.
Second,  I don't read the Pope's statements re the death peanlty as merely suggesting a "particular theory of the state and of criminal justice."  My own view has been that some of hte Church's statements about the death penalty reflect the fact it feels the need to couch things in a way that don't suggest its prior position was in error.  Evangelium Vitae accepts there is no situaiton in the modern world that would justify the death penalty although it doesn't quite come out and say so. But what it does say does make clear that not having the death penalty is more in conformity with the dignity of the human person and common good than having the death penalty.
Any thoughts from others?

Pursuing the Vino Media

Here's a zesty (even frothy) contribution to Catholic-Protestant irreligious interreligious apologetics [Freudian slip there!]:

        Just what constitutes excess is for each person to judge for himself, I suppose. However, we now approach the main difference between Catholic drinking and Protestant drinking. Protestant drinking occurs at one extreme or another: either way too much or none at all, with each being a reaction to the other. . . .
        Here we encounter Catholic drinking. Catholic drinking is that third way, the way to engage in an ancient activity enjoyed by everyone from peasants to emperors to Jesus Himself. . . .

Well.  It's beyond me how they can identify the "third way" as the Catholic way, ignoring that on such matters involving balance and compromise and moderation, the historic via media (middle way) is always the Anglican way.  In the American context, the art of Episcopalian drinking.

Tom

Self-interest and the Promotion of Justice

Sister Margaret John Kelly, D.C., Executive Director of the St. John's Vincentian Center for Church and Society sent me these thoughts on my observation about the limits of self-interest in promoting social change:

"The whole question of self-interest is a critical one and needs a lot more analysis at the personal and global levels. Too quickly we accept the Ayn Rand definition which is really egotistical and non-relational. I think we also err by looking on self-interest purely in strictly material terms, although that is where it is most obvious and conspicuous.

"Do you think that self-interest may be the stepping stone to awareness and conversion, turning a heart of stone (or of the bottom line) to a heart of flesh? Maybe I am thinking of a developmental alchemy where experience shatters assumptions or humanizes the theoretical, especially the statistical or removed lives which are easy to ignore. For example it may be necessary to gain support from the advantaged for the educationally disadvantaged by stressing the need for employees who are well-trained or for keeping youth off the streets and reducing crime and the potential increased taxes for  incarceration, etc. I have seen this work from both points of needing workers but also fearing crime. It has resulted in attitudinal and systemic change and a fair number of educational initiatives and some change of hearts as well I think.  It may be  the old story that effective communication, as well as evangelization, needs to begin with assessment and start where the people, or at least some of the people, are.

"From another angle ....if we are called to love our neighbor as ourselves (and "as ourselves" is critical to define as is the lived meaning of love as "desiring good for the self and for the other") we can see that "self-interest" is not essentially material nor can it be individual. It will be seen as relational and as social and based in our common humanity. It is a way of honoring God and moving to wholeness personally but also relationally for the common good.

"I myself am just beginning my thinking on the positive aspects of self-interest as a vehicle for personal ihnsight as well as social change because I am one who focused in the past too much on the materially self-interested and the Rand model, but I have been  moved recently to reflect on Vincent DePaul who was not above reminding leaders, the aristocray and the hierarchy in 17th century France that civil distress and a growing underclass benefits no one. He knew that heads would roll, literally and figuratively and of course they did for several decades. More in the fire and brimstone style of the day Vincent often reminded the affluent that they would be judged finally on what they did for the poor starving, abandoned infants who would 'stand in judgment on them on the last day.' Matthew 25 is pretty intimidating even today. Vincent hit the earthly motivation as well as the eternal salvation/damnation continuum. Francis DeSales also reminded us that 'more souls are won over by sugar than by vinegar.' Of course, some will challenge that we may be flirting with manipulation in that scenario. While the homily at our closing mass on Saturday warned against the greatest treason, 'doing the right thing for the wrong reason', perhaps some degree of self-interest is at heart 'the marvel and mystery of mere man.'"

The Just and Moral Society

On Saturday I attended and spoke at the biennial Vincentian Chair of Social Justice Conference at St. John's University (colloquially, the "biennial Poverty Conference"), sponsored by the Vincentian Center for Church and Society.  The conference theme this year was "The Just and Moral Society: From Ideal to Reality."  The day began with a keynote address by John Coughlin, O.F.M., who is on the faculty of Notre Dame Law School.  John examined four perspectives on the foundations of a just and moral society: philosophical, theological, ethical and legal.  The philosophical and theological discussion focused on the salient features of what it means to be a human person and the understanding of basic human goods derived from practical human reason.  He then talked about how the philosophical and theological perspectives shape the ethical and legal structures of a just and moral society.

The keynote was followed by a panel addressing current efforts at the international, national and local levels toward building a just society on behalf of the poor.  I was particularly struck by some of the comments made by Hon. Oscar de Rojas, Director of the Financing for Development Office in the UN Department of Economic and Social Affairs.  He argued that, although distributive justice is broadly accepted in the United States, there is a lack of basic acceptance of the concept internationally, which impacts how we treat issues of debt, trade, etc.  He also suggested that while human dignity is accepted nationally, it is not thought of globally, with the result that people in one country feel no responsibilty for people on other countries.  Thus, actions taken on the international level that appear to promote social goals are thus taken only out when they promote self-interest, not out of a sense of solidarity.  (E.g., we'll work to save the Brazilian rainforest because that will prevent NYC from sinking into the Atlantic.)

My first reaction to his comments was to question whether there is, in fact, as broad acceptance of distributive justice in the United States as he suggests.  He said, for example, that no one in the United States questions progressive taxation of income, accepting the principle that those that have more should pay more.  I'd be intersested in the thoughts of others, but it strikes me that there is far less acceptance of distributive justice than he suggests.  Second, it seems clear that self-interest alone is not going to get us where we need to get.  Self-interest may work for the rainforest, but it is not going to address situations like Darfur.  It seems clear that we have to move beyond reliance on self-interest and be focused on how one develops a broader understanding and embrace of solidarity at the global human level.

The afternoon included six simulataneous workshops on such topics as political participation, sustainable development, health care, education, employment and respect and security.  Since I spoke at the program on The Right to and Responsibility for Employment, I can only comment on that and not on the other workshops.  The presentations (made by myself and by Milly Bilken, Staff Attorney for the Community Development Project of the Urban Justice Center in NY) addressed workers at both ends of the income scale - focusing on both executive compensation and efforts to secure the rights of low-wage workers.  The discussion after the presentations was lively and critical of the extent of income and wealth disparity in the country.  One question that generated a lot of attention (and one that I suspect MOJ contributors vary in their reaction to) is whether we should care only whether those at the bottom have enough or whether it is also the case, from the perspective of Catholic Thought, that there is a point at the upper end that is enough and beyond which is simply too much.

After the workshops, we all heard from Simon Aban Deng, a Sudanese refugee and former child slave.  Deng was abducted at the age of 9 and spent several years as a slave before being reunited with his family.  It is hard to believe that in this day there is still a place in the world where slavery is legal, where in Deng's words, one person can be given as a gift to another person. (The person who abducted him, gave him away to another person.)  His talk was very moving, very compelling.  Speaking about this period of his life is clearly painful for him, but he believes his message is one people need to hear.  As he said at one point, "When human beings decide to be silent, the atrocities will go on."  Deng's talk was videotaped and I am hopeful we will have internet access to the talk at some point soon.

The day ended with a beautiful Eucharistic Liturgy, celebrated by Thomas McKenna, C.M., Provincial of the Eastern Province of the Vincentians, a perfect ending to a really wonderful day of presentations and reflection.

Immigration from a Gospel Perspective

MOJ readers in the New York area may want to find their way to St. Igantius Retreat House in Manhasset this evening at 7:00 p.m., where Mark Hallinan, S.J., will be giving a talk on Immigration from a Gospel Perspective.  Hallinan is the Assistant for Social Ministries of the New York Province of the Society of Jesus and is on the Jesuit Commission for Social and International Ministries which coordinates the work of the Jesuits in the United States on domestic and international social problems.  He has kept abreast of immigration developments and will articulate the gospel perspective on the present situation that is often left out of current debate.  Natalie Blaney, a counselor for immigrants in NYC will respond to Fr. Hallinan's comments.

St. Ignatius Retreat Hosue is located at 251 Searingtown Road in Manhasset.  For more information, call the retreat house at 516-621-8300.  A $15 donation is asked of attendees of tonight's event to support the retreat house's ministries.