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.

Wednesday, October 3, 2007

Cooperation with Evil at Boston College

Catholic Faith and Cooperation in a Pluralistic Society:
Navigating Conflicts Between Conscience and the the Law
 
    Panel Discussion. The panelists are Edward A. Hartnett, Prof. of Law, Seton Hall Univ. School of Law; M. Cathleen Kaveny, Prof. of Law and Theology, Univ. of Notre Dame Law School; James F. Keenan, S.J., Prof. of Theology, Boston College; and Very Rev. Russell E. Smith, Senior Director of Ethics, Catholic Health Association. The panelists will discuss the ways in which the principle of cooperation, drawn from the tradition of Catholic moral theology, can help us to think through the issues that arise out of the Catholic imperative to serve the public good in a complex world where law and policy are sometimes in conflict with Catholic moral principles.
Date and Time:
  Thursday, October 11, 2007 | 4:00 p.m.   
Location:
 
Law School, Newton campus, East Wing 120
Event URL:
 
Of Interest to Particular Audience:
  Faculty, Graduate Students, Public, Undergraduate Students
Categorized as:
  Conferences, Lectures & Readings, Reason-Culture-Faith, Religious, Seminars
Sponsored by:
  Law School and Church in the 21st Century Center
Contact:
  Gregory A. Kalscheur, S.J., Law School
Contact's Phone:
  617-552-6850
Contact's Email:
  [email protected]
Admission fee:
  free
Parking & Directions :
  www.bc.edu/about/maps

Religious Employers and Prescription Contraception Coverage

Predictably (at least in  my view), the Supreme Court declined to grant cert. in Catholic Charities of the Diocese of Albany v. Serio.  Like a similar California case, which the Court also declined to review, the New York Court of Appeals had upheld the application of a state law requiring employers who provide any prescription coverage to also provide prescription contraception coverage to Catholic Charities.  The New York decision is here.  We've blogged here on Mirror of Justice on this issue in the past and I discuss the issue of requiring religious organizations to provide such coverage an article linked on the side bar.  (State Attempts to Define Religion: the Ramifications of Applying Mandatory Prescription Contraception Coverage Statutes to Religious Employers.)

Tuesday, October 2, 2007

Question on Catholic hermeneutics

Here's a question from an evangelical MoJ reader:

I'm sure you're familiar with all the problems and divisions Evangelicals have concerning science and scripture.  It seems that Catholics don't sweat trying to figure out things like exactly who Adam or Noah were or whether God may have created life through evolution (or maybe that's a misperception).   Why is that?  What kind of hermeneutic do Catholics employ here -- do Catholics take some of the early parts of scripture as only figurative?  Are there some official documents on hermeneutics that discuss this?

UPDATE:  Villanova law prof Mike Moreland responds:

It seems to me that Catholic biblical exegesis, since the time of Origen, Augustine, and Jerome, has distinguished between the literal and spiritual senses of scripture, with the spiritual sense commonly divided further among the allegorical, the moral, and the anagogical senses. Aquinas simply took the possibility of several senses of scripture for granted in Ia, q.1, a.10. Obviously, there's an enormous range of material to consider on such a complicated question, but a classic study is Henri de Lubac's multi-volume Exégèse médiévale, which Eerdmans brought out in a new edition and translation a few years ago (Medieval Exegesis: The Four Senses of Scripture, 2 vols.). The most important recent magisterial pronouncement, of course, is Dei Verbum, the Dogmatic Constitution on Revelation from Vatican II, though its discussion of the interpretation problem is brief.

Boston College law prof Greg Kalscheur, S.J. also recommends Dei Verbum, "especially Chapter III (Sacred Scripture: Its Divine Inspiration and its Interpretation) and a 1993 document from the Pontifical Biblical Commission, The Intepretation of the Bible in the Church, which can be found in vol. 23 of Origins, issue 29 (Jan. 6, 1994).  The latter document is a very helpful comprehensive discussion of the usefulness of a variety of hermeneutical methods."  Jonathan Watson recommends online resources here, here, and here.

UPDATE #2: Thanks to David Buysse for passing along this (somewhat puzzling, in my view) quote from Origen's De principiis, IV, II, ix:

Divine wisdom has arranged for certain stumbling-blocks and interruptions of the historical sense to be found therein, by inserting in the midst a number of impossibilities and incongruities, in order that the very interruption of the narrative might as it were present a barrier to the reader and lead him to refuse to proceed along the pathway of the ordinary meaning: and so, by shutting us out and debarring us from that, might recall us to the beginning of another way, and might thereby bring us, through the entrance of a narrow footpath, to a higher and loftier road and lay open the immense breadth of the divine wisdom.

Monday, October 1, 2007

Sulmasy on Emergency Contraception

On the topic of the Connecticut bishops' decision to comply with a new state law requiring Catholic hospitals to distribute emergency contraception (Plan B, not RU-486) to rape victims without an ovulation test, a reader emailed me an article from the December 2006 issue of the Kennedy Institute of Ethics Journal by Daniel Sulmasy titled Emergency Contraception for Women Who Have Been Raped: Must Catholics Test for Ovulation, or Is Testing for Pregnancy Morally Sufficient?  Here is the abstract:

On the grounds that rape is an act of violence, not a natural act of intercourse, Roman Catholic teaching traditionally has permitted women who have been raped to take steps to prevent pregnancy, while consistently prohibiting abortion even in the case of rape. Recent scientific evidence that emergency contraception (EC) works primarily by preventing ovulation, not by preventing implantation or by aborting implanted embryos, has led Church authorities to permit the use of EC drugs in the setting of rape. Doubts about whether an abortifacient effect of EC drugs has been completely disproven have led to controversy within the Church about whether it is sufficient to determine that a woman is not pregnant before using EC drugs or whether one must establish that she has not recently ovulated. This article presents clinical, epidemiological, and ethical arguments why testing for pregnancy should be morally sufficient for a faith community that is strongly opposed to abortion.

From the article itself:

The real heart of this issue is the blunt fact that medical science presently has no way of determining whether a woman has conceived until the early embryo has implanted in the wall of the uterus and stimulated the production of substances that can be detected in the blood, about seven days after conception. It is this fact that causes the debate. The ovulation approach attempts (imperfectly) to eliminate any possibility that the woman might have conceived by precluding the prescription of EC drugs for any woman who might be ovulating or about to ovulate. This is a very crude approximation of what we are after. In medical jargon, it is called a “shotgun” approach—hoping to hit the target by intervening with a wide scatter. It is equivalent, for instance, to recommending that all men over the age of 50 have their prostates removed because PSA screening misses some cases of prostate cancer.

Plan B news

The Hartford Courant reports:

In a major softening of their position, the state's Roman Catholic bishops announced Thursday that Catholic hospitals would comply with a new law taking effect Monday that requires all hospitals in the state to dispense emergency contraceptive pills to rape victims.

. . . .

The bishops said Thursday that it is sufficient to require a pregnancy test - and not an ovulation test - before the emergency contraceptive is administered to the rape victim. The law does require a pregnancy test.

"The administration of Plan B pills in this instance cannot be judged to be the commission of an abortion because of such doubt about how Plan B pills and similar drugs work and because of the current impossibility of knowing from the ovulation test whether a new life is present," the bishops said in a statement. "To administer Plan B pills without an ovulation test is not an intrinsically evil act."

Ave Maria News

From the Detroit News:

The alumni board of Ave Maria School of Law has issued a vote of no confidence in the leadership of the Catholic college, the latest attack on an administration that is increasingly the subject of negative Web logs, petitions and complaints.

The alumni board last week called -- for the second time -- for the resignation of Dean Bernard Dobranski and the ouster of board Chairman Thomas Monaghan, the Domino's pizza mogul who has donated more than $50 million to fund the law school. ...

The board's move followed a rebuke earlier this month from a group of Catholic law professors from around the country. The group issued a joint statement sharply criticizing the law school administration's "failure to live their Christian commitment."

Sunday, September 30, 2007

"Education's End"

In recent days, we (along with folks at America magazine, at the Commonweal blog, etc.) have been talking about ye olde topic, "the identity of Catholic universities".  Of course, it's not just those of us who are into the "Catholic university thing" who are hang-wringing about the state of our project; lovers of the university-enterprise generally are uneasy.  See, for example, the new book by my law-school teacher and former dean, Anthony Kronman:  Education's End:  Why Our Colleges and Universities Have Given Up on the Meaning of Life.

In the Yale alumni magazine, there's a short essay adapted from the book, called "Against political correctness:  a liberal's cri de coeur."  (Kronman, it should be emphasized, writes and worries as a liberal and a "secular humanist.").  Kronman writes:

[W]hen a presumptive commitment to the values of political liberalism begins to constrain the exploration of the personal question of life's meaning -- when the expectation that everyone shares these values comes to place implicit limits on the alternatives that may be considered and how seriously they are to be taken -- the enterprise itself loses much of its power and poignancy for the students involved and their teachers lose their authority to lead it. . . .

Today's idea of diversity is so limited that one might with justification call it a sham diversity, whose real goal is the promotion of a moral and spiritual uniformity instead.  It has no room for the soldier who values honor above equality, the poet who believes that beauty is more important than justice, or the thinker who regards with disinterest or contempt the concerns of political life. . . .

Saturday, September 29, 2007

Can Catholics Sing?

OK, Rob and Mark, and other critics of Catholic congregational music, here's your chance.  The National Association of Pastoral Musicians is taking an on-line survey in which you can rate congregational singing in your parish, your community, and the Church in general.

Make Room for Singles

A recent essay in the Chronicle of Higher Education, "Make Room for Singles in Teaching & Research" argues that

In the academy, much research and teaching is based on the outdated assumption that marriage and the nuclear family dominate adult life. As a result, people who are single, and perspectives not based on conventional marriage, are greatly underrepresented or misrepresented in scholarship and public policy.

As examples, the authors continue:

Marriage and family studies, for example, is a burgeoning, multidisciplinary field that has recently expanded to incorporate the study of nontraditional families. But single people are still likely to appear in its research and courses only if they have an important life experience in common with adults in nuclear families — for example, if they had been married, have children, or are cohabiting.

Scholars in psychology, sociology, and many other disciplines have contributed to the growing field of relationship science — which, in theory, is about all relationships and hence broader than the study of marriage and family. In practice, however, research in that field focuses on romantic and marital attachments, using "relationship" as a shorthand for conjugal ties.

The marriage-centered view of singles assumes that they are alone, and that the growth of one-person households means the nation is at risk of a national epidemic of loneliness. Research from a singles perspective by one of us — The New Single Woman (Beacon Press, 2005), by E. Kay Trimberger — and other scholars challenges such assumptions. It shows that singles have strong ties to their extended families, are adept at forming networks of friends, and are more involved in their communities than married people are.

The relationships that are important to single people, like close friendships and ties to members of the extended family, are invisible to or devalued by scholars who consider marriage the norm. Some of them might argue that singles have close friendships because they are compensating for not having a spouse. A singles perspective would generate other hypotheses — for example, that many single people prefer to maintain a diversified relationship portfolio, rather than investing most of their emotional capital in just one person.

My first impulse on reading this was to mentally retreat into what is probably a stereo-typical Catholic sort of "Oh, my heavens, look how far the assault on the family is going in our society!  We must resist this attempt to validate the sybaritic singles life-style!" 

But upon further reflection, I realized that the article isn't suggesting anything like that, and in fact taps into something that does trouble me about some of the Catholic conversations about family and men and women (including, I freely admit, some of my own work).  I don't think we give enough thought to, let alone intellectual support to, those whose  vocations call them to a life that can't include raising a family themselves -- not just religious vocations, but also those who recognize that the work they are called to do must be so absorbing that they cannot responsibly start their own families.  The discussion in Mulieris Dignatem of "spiritual motherhood" suggests a start, but it doesn't really go very far.  Is there more discussion of this issue directed at priests that I don't know about?  I think it would be very interesting to see some Catholic contributions to this kind of research. 

Friday, September 28, 2007

Cathedrals of California...

... is a fantastic photoblog documenting a project to photograph all of California's Cathedrals (Catholic and otherwise). They're so good, they even managed to make the new Los Angeles Cathedral look beautiful. Highly recommended. (HT: Sullivan)