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, September 26, 2007

40 Days for Life

More information is available here.  (HT:  Amy Welborn.)

Culture Watch: Body Image and the Media

Reason #389 why I try not to take my daughters with me to the grocery store check-out line: the new edition of US Magazine has the screaming headline "Revenge Plastic Surgery," telling the story of a beautiful young television star who got "revenge" on boys who always teased her for being flat-chested.  Her revenge?  Why, getting breast implants, of course!  Because if there's one thing we need to teach young girls today, it's that the best way to deal with their own insecurities about how they look is to anticipate the day when they can accept their own surgically-enhanced self.

But where's the "gap"?

Thanks, Rob, for bringing this interesting NYT article to our attention.  But, personally, I think you missed the most interesting finding -- the explanation for the growing gap in happiness between men and women:

Since the 1960s, men have gradually cut back on activities they find unpleasant. They now work less and relax more.

Over the same span, women have replaced housework with paid work — and, as a result, are spending almost as much time doing things they don’t enjoy as in the past. Forty years ago, a typical woman spent about 23 hours a week in an activity considered unpleasant, or 40 more minutes than a typical man. Today, with men working less, the gap is 90 minutes.

Ladies???

The happiness gap

Thirty years ago, women reported being happier than men; now, according to two new studies, the happiness levels have been reversed, but not because women are necessarily working more than they were (which is the thesis of the "second shift" theory):

[R]esearchers who have looked at time-use data say the second-shift theory misses an important detail. Women are not actually working more than they were 30 or 40 years ago. They are instead doing different kinds of work. They’re spending more time on paid work and less on cleaning and cooking.

What has changed — and what seems to be the most likely explanation for the happiness trends — is that women now have a much longer to-do list than they once did (including helping their aging parents). They can’t possibly get it all done, and many end up feeling as if they are somehow falling short.

Mr. Krueger’s data, for instance, shows that the average time devoted to dusting has fallen significantly in recent decades. There haven’t been any dust-related technological breakthroughs, so houses are probably just dirtier than they used to be. I imagine that the new American dustiness affects women’s happiness more than men’s.

Ms. Stevenson [one of the researchers] was recently having drinks with a business school graduate who came up with a nice way of summarizing the problem. Her mother’s goals in life, the student said, were to have a beautiful garden, a well-kept house and well-adjusted children who did well in school. “I sort of want all those things, too,” the student said, as Ms. Stevenson recalled, “but I also want to have a great career and have an impact on the broader world.”

Tuesday, September 25, 2007

Catholic Universities, Catholic Identity, John McGreevy, Etc.

Those of you who are following this discussion should, forthwith, check out what Peter Steinfels has to say over at dotCommonwealhere.

Court to review constitutionality of lethal injection

The story is here.  This should be an interesting case.  The Court's execution-regulation strategy has, over the years, proceeded down three main tracks:  (1) regulating the fairness of the procedures through which capital sentences are handed down; (2) reducing the number of offenses for which the death penalty is a permissible punishment; and (3) narrowing the categories of offenders who may be executed.  For the most part -- notwithstanding the text of the Eighth Amendment -- there have been relatively few cases dealing with execution-methods.  We'll see . . .

McGreevy on Catholic hiring at Notre Dame

At Commonweal, my friend and colleague John McGreevy has a piece up, responding to Fr. Wilson Miscamble's recent essay on Catholic-hiring in America magazine.  I agree with much of what John says.  As I have already discussed privately with him, though, I was not sure about these few lines:

Framing the problem simply as recruiting Catholic faculty is also ungenerous. Conspicuously absent from Miscamble’s essay are other faculty-Protestants, Muslims, Jews, unbelievers-enthusiastic about the university’s mission. The History department recently hired Mark Noll, a fellow of the American Academy of Arts and Sciences and perhaps the nation’s leading evangelical intellectual. (It has long been the home of George Marsden, another evangelical and the Bancroft Prize-winning biographer of Jonathan Edwards.)

On Miscamble’s abacus they do not count. But they make Notre Dame not just a better university but a better Catholic university. . . .

I did not understand Fr. Miscamble, in his America piece, to be denying that wonderful non-Catholic ND scholars like Mark Noll and Christian Smith "count" as great "mission" hires, but only to be reminding us that -- as great as these scholars are -- they do not "count" toward the particular goal of maintaining a numerical preponderance of Catholics on the faculty.  Should we care about this goal?  I guess I think we should, even though it is certainly true that the mere fact a faculty member identifies as Catholic does not mean he or she will be interested in, understand, or support, the mission (broadly understood) of a Catholic university.  Numbers are not enough.  But -- I take Fr. Miscamble to be arguing -- they do matter, as a starting point.  John also writes:

[S]tudents need intellectual formation too. We can’t guarantee faith. But we can help students learn. And a test of a serious Catholic university is whether we can cultivate the intellectual abilities of our Catholic students so that they become thoughtful, reflective Catholic adults. Most of this is the ordinary hard work of teaching students to write, paint, measure, build, experiment, and think. Some of it is more specific: some students at Notre Dame enter the university unable to locate a Bible passage, much less identify Augustine. They don’t know that Thomas Aquinas immersed himself in Islamic texts, or that the work of Japanese novelist Shusaku Endo is inseparable from his Catholicism. They are unaware that American Catholics are not a majority in American society, or that American Catholics are a tiny percentage of Catholics in a global church.

Here, oddly enough, lies an opportunity that all of us concerned with Catholic education should seize. As institutions that take religion and matters of ultimate concern seriously, in an academic world often content to bracket these subjects as mere matters of opinion, Catholic universities can contribute to the wider world of learning in unusual ways. At the same time, they can attempt to nurture the future leaders that our church, and for that matter our society, so desperately need.

Here, it sounded to me like John was more in agreement than disagreement with Fr. Miscamble.  Wasn't the latter's claim -- at least, his implicit one -- that the "opportunity" John (correctly) identifies is one that a university without a mission-committed faculty -- and, more particularly, a preponderance of Catholic faculty -- can seize?  That is, in order for a Catholic university to do what John says, in these paragraphs, it should be doing, does it need (as Miscamble contends) a predominantly Catholic faculty?  This, it seems to me, is a hard, but really important, question.

Chaput nails it

Here (thanks to First Things) is a bit from a recent address, given by Archbishop Chaput, in Indianapolis:

. . . We don’t just profess belief in the Incarnation. We say we believe that God took flesh at a precise moment in time and in a definite place. Pontius Pilate and Mary are mentioned by name in the creed—and the reference to Mary, his mother, guarantees Christ’s humanity, while the reference to Pilate, who condemned him to death, guarantees his historicity.

All this ensures that we can never reduce the Incarnation to an abstract concept, a metaphor, or a pretty idea. It ensures that we can never regard Jesus Christ as some kind of ideal archetype or mythical figure. He was truly a man and truly God. And once he had a place he called home on this earth. There’s something else, too. We believe that this historical event, which happened more than 2,000 years ago, represents a personal intervention by God “for us men and for our salvation.” God entered history for you and me, for all humanity.

These are extraordinary claims. To be a Christian means believing that you are part of a vast historical project. And it’s not our project. It’s God’s. . . .

This Christianity thing?  It's about reality. It's about a real person, who lived, walked, breathed, slept, laughed, and cried in time, in a real, identifiable place.  It's not just about values, principles, commitments, and messages.  Heavy.

Velasco on CST and corporate law

Several MOJ-ers have blogged about the recent CST conference at Villanova, on markets, the state, and the law.  I asked my NDLS colleague, corporate-law scholar Julian Velasco, for a summary of the paper he presented at the conference.  Here it is:

I focused on developing some guiding principles to help me in trying to put CST into practice in corporate law in the real world.  First, we have to give due consideration to the status quo in enacting reform.  Thus, for example, if shareholders are the owners of the corporation, then we must respect those ownership rights — even if only to pay just compensation before abolishing them.  Second, “more” CST is not necessarily better.  Thus, we cannot say things like, “my plan demonstrates greater solidarity than yours and therefore is more Catholic.”  Plans that are strong in some areas of CST may well be considerably weaker in other areas.  Third, it is not necessarily the case that every aspect of CST is speaking to each society with the same urgency.  Thus, for example, it may be that, in America today, the universal destination of goods is a greater concern than the right to work.  We probably should focus our efforts accordingly.  Finally, it may be too much to expect corporate law, or even all of business law, to solve all of the world’s problems.  Maybe it is enough that they do what they can.  And CST does not necessarily say what that is.  Ultimately, CST should not be expected to provide specific solutions to complex moral problems.  Instead, it should be understood as providing important principles that are intended to be embraced and applied in good faith.

Monday, September 24, 2007

The New ProfessorBainbridge.com

I trust my co-authors will forgive me for briefly hijacking the blog to make an announcement. My personal blog, ProfessorBainbridge.com. has been transformed into a landing page that serves as a planet (a.k.a. hub) site for three content blogs:

RSS feeds are available either for the combined set or for any one of the individual blogs. For more info, go here. We now return you to your regular programming.