My colleague Teresa Collett asked me to post her thoughts on this.
Thursday, October 4, 2007
Teresa Collett on the St. Thomas/Tutu Issue
A Quick Response about St. Thomas and Abp. Tutu
In response to Michael's post about the decision at St. Thomas to nix an invitation to Archbishop Tutu: All of us MOJers here at St. Thomas have just learned of the decision (although it apparently happened in the spring), and I can say with confidence that we (and many others on our law faculty) think it was very mistaken. Nothing we've learned in investigation today has led us to think otherwise. We will certainly be making efforts to express those criticisms, in public where appropriate, or in private to a university administration that we respect and whose judgment on many other issues has been sound.
Tom B.
St. Thomas and Archbishop Tutu
On the surface at least--and perhaps all the way down--it seems as if the powers-that-be at the University of St. Thomas have made a monumentally stupid decision. Read on ...
Chronicle of Higher Education
Thursday, October 4, 2007
A Minnesota University's Decision Not to Invite Archbishop Tutu as a Speaker Brings Disappointment
By ANNA WEGGEL
The University of St. Thomas, in Minnesota, has declined an opportunity to invite Archbishop Desmond Tutu to speak at a conference next spring, spurring disappointment and outrage among faculty members and affiliated university groups. The university says it was concerned about past comments from the South African civil-rights leader that some people considered anti-Semitic. [Archbishop Tutu has been critical of some policies of the Israeli government toward the Palestinians. --mp]
Each year the university co-sponsors a spring conference with PeaceJam, an international organization for young people that promotes justice and peace. The group invites Nobel Peace Prize laureates to speak to young people, and Archbishop Tutu, winner of the 1984 prize, had been approached about appearing next spring.
But when university administrators learned of that proposal, they declined to invite him, withdrawing a major source of support for the appearance. And a St. Thomas professor who sent a letter to Archbishop Tutu explaining the university's stance and expressing her disapproval of the decision was stripped of her title as chair of the institution's Justice and Peace Studies Program this summer. University administrators confirmed the demotion of Cris Toffolo, an associate professor of political science, but gave no details other than to say it had to do with the situation concerning Archbishop Tutu.
In explaining the decision not to invite Archbishop Tutu to speak, Doug E. Hennes, St. Thomas's vice president for university and government relations, said the South African clergyman had never been officially booked. He said that interest in inviting the archbishop to speak had been brought to the administration, which then conducted its customary screening and background checks for speakers at conferences of that size. University officials talked to Jewish contacts inside and outside the university, he said, and determined they did not want to promote someone whose presence could offend people of Jewish faith.
"We didn't want to use our financial resources and space and facilities and personnel to bring someone here who has said things that were hurtful to the Jewish community," said Jim Winterer, director of the university's news service. "We didn't want to contribute to that hurt."
The university's failure to support Archbishop Tutu's speech is disappointing for some. Ms. Toffolo, the professor who lost her position leading as the peace-studies program, saw the issue as reflecting a larger problem in society.
"We've seen people being denied tenure elsewhere, hires tested, and conferences canceled when people raise criticism of Israeli state policy. We have to have this debate," Ms. Toffolo said. "Until we stop silencing speech about this subject, the academy is going to be in trouble. This is one issue where academic freedom is compromised."
PeaceJam, which is planning to go forward with Archbishop Tutu's speech with alternative financial support, hopes officials at St. Thomas might change their minds. The university "should invite the archbishop to their campus and engage in a dialogue and debate," said Ivan Suvanjieff, president of PeaceJam. "The man is not anti-Semitic. I encourage the university to invite him and do the debate."
Wednesday, October 3, 2007
Novak's Column
Michael Novak’s writings on economics, Catholic social thought, and theology were a major influence in my journey to Catholicism. So his seriously misguided critique of the MOJ statement on the situation at Ave Maria law school saddens me greatly. Yet, it must not go unnoticed. I offer a detailed critique on my personal blog.
A missing link in Novak's essay
As Rob has already told us, Michael Novak (for whom I have great admiration) has an essay up at National Review online, in which he is critical of the Mirror of Justice joint statement on the situation at Ave Maria School of Law. In that essay, though, Mr. Novak does not link to the Mirror of Justice statement he is criticizing. Instead, he links to a statement -- which was re-published at MOJ -- by members of the Ave Maria faculty. I have asked the good folks at the National Review website to add a link to the MOJ statement.
"Faith in the Rule of Law"
Here's a paper -- "Faith in the Rule of Law", by Marc Degirolami, that should be of interest to many MOJ readers (especially to those of us in the law's Quandary fan club):
This is an essay on Professor Brian Tamanaha's book, Law as a Means to an End: Threat to the Rule of Law (Cambridge Univ. Press 2006), and what Tamanaha describes as the danger that legal instrumentalism poses for the rule of law. It claims that though Tamanaha successfully traces the rise of legal instrumentalism over the last two centuries, the reader comes away wondering why Tamanaha seems so fretful about the strength of belief in the rule of law or what accounts for the desire to affirm a non-instrumentalist view of law in the face of the contrary march of history.
The essay offers an answer to these questions. It claims that one source of resistance to the seemingly inexorable progress of legal instrumentalism lies in the non-rational, temporally unbounded human yearning that the rules that guide our lives should deserve our allegiance because they represent a transcendent structure of meaning. Our opposition to legal instrumentalism reflects “faith in the rule of law,” a belief that the law is something other than merely a means to resolve our ordinary conflicts, and that it bestows worth and possibility to its adherents beyond their historical context.
Drawing from Tamanaha's excellent history of the rise of legal instrumentalism, the essay reinterprets what Tamanaha repeatedly emphasizes as the crucial contemporary instrumentalist danger – our growing inability or unwillingness to believe that the law is anything but a tool to advance interest – as loss of faith in the rule of law. The essay thus offers a counterpoint to Professor Adrian Vermeule's reading of the book, arguing that Vermeule may be mistaken in analogizing Tamanaha's thesis to a kind of secularized Pascal's wager. The essay concludes by considering whether there is any value in faith in the rule of law and what that value might be.
Novak on MoJ on Ave Maria
Over at National Review, Michael Novak objects to our joint statement on the situation at Ave Maria Law School. An excerpt:
The Mirror of Justice accusations don’t seem to measure up. For one thing, I don’t understand how those who signed the public letter denouncing Ave Maria School of Law fail to consider — or even to present for others — the relevant background on both sides of this unfortunate dispute. Their statement has a prosecutorial ring, and yet it appears to be based on little evidence. Making such accusations, particularly against a school with a Board constituted by two Roman Catholic Cardinals of vast practical experience (Maida of Detroit — and now the Vatican — and Egan of New York), eight other distinguished persons, of varying professions (mainly the law), plus two de jure members, suggests a need for disclosure. Instead, Mirror of Justice has failed to disclose the facts (or has insufficient evidence), and nonetheless proceeds as though in a prosecutorial manner. In fact, it has been publicly reported that one of the signers of the Mirror of Justice statement has been retained to help make a case against AMSL before the American Bar Association.
. . . .
On the whole, I have found it best to steer clear of such hornets’ nests. Sometimes, though, a violation of fairness seems so flagrant that one feels a duty to ask all contenders to step back, slowly examine the evidence on all sides, hear the best arguments from each, and then try to go forward in fairness and justice. Law professors, above all, should wish to hear both sides of a case. So should we all.
Some very good people have gone public in this dispute. It seems important for all to listen more systematically to those on the side opposite to their own.
Sexual friendships
What is the effect of removing sex from its usual relational context? The first study of the "friends with benefits" cultural phenomenon finds:
“We found,” Dr. Levine said, “that people got into these relationships because they didn’t want commitment. It was perceived as a safe relationship, at least at first. But also that there was this growing fear that the one person would become more attracted than the other.”
Yet, he added, the overall qualities of the relationships appeared to be true to the name. On standard psychological measures, they appeared more like friendships than romances.
Friends with benefits scored in the middle on a scale assessing intimacy and low on passion and commitment, the study found. “When scores were compared to previous findings with romantic couples, scores on all three dimensions were lower, with the largest differences observed in commitment followed by passion,” the authors wrote.
Call for papers
MoJ readers might be interested in knowing that the Journal of Law & Religion will be celebrating its 25th anniversary next year and has issued a wide-open call for papers in conjunction with that milestone.
Discussing Peace, Online
Sept. 24, 2007
Journal of Religion, Conflict, and Peace launches
online scholarly
discussion of role of religion in peace
The Journal of Religion, Conflict, and Peace debuts this week at www.religionconflictpeace.org. The online scholarly journal, published by a collaborative of Indiana’s three historic peace colleges, is a forum for discussion of the role of religion in both conflict and peacebuilding.
The premier issue of the Journal features articles by nine major thinkers in theology, ethics, religious studies and conflict transformation. Readers may access the articles about religion as a source of conflict and as a resource for peace without subscription and distribute them (with attribution and unaltered) freely. A “letters to the editor” feature further encourages dialogue among readers and scholars.
Initial topics range from the role of religion in the global war on terrorism by Douglas Johnston, president of the International Center for Religion & Diplomacy, to an argument for recanonizing scripture to exclude violent texts by secular humanist Hector Avalos of Iowa State University. Daniel Maguire of Marquette University brings his expertise on moral theological ethics and ordained Soto priest Brian Victoria at Antioch College identifies a “holy war” tradition in all major faiths and calls for its rejection universally.
The online journal is a project of the Plowshares peace studies collaborative of Earlham, Goshen and Manchester Colleges funded by Lilly Endowment Inc. Joseph Liechty, associate professor of peace studies at Goshen College, is editor. Contact him at 574-535-7802 or [email protected]