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.

Monday, September 24, 2007

ImmigrationProf blog exclusive interview with Obama

The ImmigrationProf blog is "pleased to announce that at 8 A.M. PST on Tuesday morning [Sept. 25], the ImmigrationProf blog will post an exclusive interview with Senator Barack Obama (D-Ill), one of the candidates vying for the Democratic Presidential nomination. We prepared a list of questions for Senator Obama on a range of difficult immigration issues, including immigration reform, undocumented immigration, family immigration, deportation and immigration raids, local (anti-)immigration ordinances, integration of immigrants into U.S. society, the deaths along the U.S./Mexico border, and his vote in favor of the Secure Fence Act.  Readers will see that Senator Obama's responses made for a very interesting dialogue!"

Check out the blog.

More from Frankovitch on the culture of life

A few weeks ago, I posted this and this in response to Nicholas Frankovitch's First Things post, "The Seamless Garment Reconfigured."  Frankovitch has returned to the discussion with these thoughts.  Here's a bit:

Our right to abort entails the duty to accept that others have the right to have aborted us. Now, maybe the train of thought leading to that conclusion strikes you as abstract and remote from the way most of us think about this issue in real life. “People are not that logical!” So wrote J. Budziszewski in “The Revenge of Conscience,” an essay published in First Things. “Ah,” he continued, “but they are more logical than they know; they are only logical slowly. The implication they do not grasp today they may grasp in thirty years; if they do not grasp it even then, their children will. It is happening already. Look around.”

We know what abortion does to the aborted. To the aborting it does the psychological equivalent. “Do unto others . . .” is a principle that moves along a straight and narrow path and, please note, in both directions. As I would have others do unto me, I ought to do unto them. And so if I have already done unto them, I am now committed to wishing the same for myself. If I abort my unborn child, well, that’s nothing I would deny my parents had the right to do to me.

Self-hatred is what I end up with when I carry to its logical conclusion the proposition that abortion rights are morally necessary, that justice demands them. . . .

There's more.  Check it out.

Paper Call: 2nd Ann. Conf. on MacIntyrean Philosophy

Call for Papers

Theory, Practice, and Tradition: Human Rationality in Pursuit of the Good Life

The Second Annual Conference of the International Society for MacIntyrean Philosophy

The International Society for MacIntyrean Philosophy invites submissions focusing on Alasdair MacIntyre’s accounts of theory, practice, and tradition as a foundation for ethical and political work. Diverse philosophical approaches and methodologies are welcome and the theme can be broadly interpreted. Papers should not exceed 30 minutes reading time.

Select papers may be published in a special journal for the International Society for MacIntyrean Philosophy.

The International Society for MacIntyrean Philosophy was founded by the participants of “MacIntyre’s Revolutionary Aristotelianism: Ethics, Resistance and Utopia,” a conference organized by Kelvin Knight, held at London Metropolitan University in June 2007.

The society includes professional philosophers from different traditions, experts in political theory, the social sciences, the humanities and education, as well as members of non-philosophical communities and practices, and others interested in the relevance of their commitments and professions. Please submit a 100 word abstract no later than January 10, 2008 by email.

Conference Dates: July 30 through August 3, 2008

Location: Saint Meinrad School of Theology, St. Meinrad, Indiana, USA

Website: http://macintyreanphilosophy.googlepages.com/home

Contact: Christopher S. Lutz, Conference Secretary

Email: [email protected]

Phone: 812-357-6209

Saint Meinrad School of Theology

200 Hill Drive

St. Meinrad, IN 47579

Martin Marty on Mother Teresa

Sightings  9/24/07
 
Mother Teresa's Agony
--Martin E. Marty
 
Once when Mormon origins were being radically questioned by a man who turned out to be a forger, I asked Jan Shipps, foremost Gentile scholar of Latter-Day Saints, what if the publicized fake documents turned out to be authentic?  Wouldn't such shaking of the foundations bring down the whole edifice?  No, she reminded me:  The faithful have ways, indefinite and maybe infinite, of responding with new explanations.  Without cynicism, Shipps noted that religions do not get killed by surprises that would seem to necessitate revision.

I thought of Shipps' dictum this month when a beautifully sad or sadly beautiful book by the late Mother Teresa, Come Be My Light, saw the light of day and met the glare of publicity.  Aha! was the instant and general response of well-selling a-theists:  This shows that a character on the way to sainthood was inauthentic, and her failure to experience God "proves" God's non-existence.

Not to worry, was the main literate Catholics' response.  Catholic apologists and experts on mysticism addressed Teresa's agony over her non-experience of God and her disappointment in the Jesus in whom she believed but whom she did not experience.  They scrambled to show how her story would more likely lead people to the search for faith than it would disappoint them and drive them away.  But if Mother Teresa had trouble feeling the presence of God, wrote critics, the old hypocrite should not have hung in there as a model, a self-sacrificing but not always easy to applaud rigorist.  We were told that she would be a challenge to every right-thinking and right-experiencing Catholic.

Wrong.  Her published diary is likely to sell as well as those attacking her.  From what I have read, it is a cry of the heart to a heaven evidently empty and silent to her:  "Lord, my God, who am I that You should forsake me?"  In response, historically informed commentators reached back to the Psalms or medieval precedent for analogies.  Those familiar with mysticism were ready with "Is this the first time you've heard of this?" or "Let's make this a teaching opportunity."  Eileen Marky in September 14th's  National Catholic Reporter laid it out well, as did colleagues in most weekly Catholic and many Protestant papers.  Most asked what any of this had to do with the existence of God.

Then followed, in most accounts, learned revisitations of believers who had doubts or were victims of what medievalists called accidie or, deeper than that, "The Dark Night of the Soul."  While few who value the experience of God's presence would envy Mother Teresa, most expressed sympathy to a now deceased figure who always offered compassion but did not always receive it.  The Jan Shipps dictum did not even have to be put to work.  Catholics and other Christians did not need to reinvent the faith--austere, threatening experiences like Teresa's are as old as faith itself.  It was asked:  If there are bright sides to this darkness or palpitations to replace the numbnesses of spirit, so that the darkness can be, conditionally, a boon, why don't believers put more energy into preparing their fellow devotionalists, showing that such silence may be in store for them, and then telling them not to fear.

[Sightings comes from the Martin Marty Center at the University of Chicago Divinity School.]

Sunday, September 23, 2007

Moreau on Catholic schools' mission

Here in South Bend, we've been celebrating the beatification of Basil Moreau, C.S.C. (the founder of the Congregation of Holy Cross).  Here is a quote that reminded me how central the distinctive mission of Catholic schools is, and should be, to Holy Cross, to Notre Dame, and to the Church:

"We shall always place education side-by-side with instruction; the mind will not be cultivated at the expense of the heart.  While we prepare useful citizens for society, we shall likewise to our utmost to prepare citizens for heaven."

Anderson on "The Commercial Society"

Greg's post, below, on economics education for religious leaders -- and also the recent posts about the latest CST-fest at Villanova -- remind me that I've been meaning to link to Ryan Anderson's recent review of a new book by Acton Institute director of research Dr. Samuel Gregg called "The Commercial Society:  Foundations and Challenges in a Global Age."  (Here's a link for the book.)  Here's a bit:

Democracies often focus so much on who is making the decisions (the people!) that they don't consider whether the state should be acting in the first place. Pierre Manent explains that "the modern idea of representation leads naturally to a continuous increase in the state's power over society, because it continually erodes the intrasocial powers that ensure the independence and solidity of this society." Citizens become slaves to the state under "the illusion that they are obeying their own will." Combine the politics of redistribution with this soft despotism and you get a government that eliminates the voluntary associations and platoons of civil society that best serve the immediate needs of the poor, while at the same time wrecking the economic institutions that best secure their long-term well-being.

For all his focus on problems posed to commercial societies, Gregg entirely ignores problems they create for human flourishing. Consider the tendency of commercial society to become commercialist society: Gregg entirely ignores the materialism so rampant in the West today, and his discussion of the pitfalls of equality-as-sameness ignores one important truth. While it is certainly the case that the poor in wealthy societies are often better off than the rich in poorer societies, Gregg forgets that much of human fulfillment is social fulfillment. The wide, and widening, gap between rich and poor is cause for concern, and man's absolute well-being (measured in material terms) is insufficient.

These quibbles aside, The Commercial Society is eminently reasonable, particularly for its closing discussion of the possibility of "forced" commercial order. While we shouldn't view humans as passive victims of history, neither should we assume that generations of habits and institutions can be reorganized overnight--or by force. Whether it is European economic and demographic stagnation, Middle Eastern political turmoil, or Latin American and African liberationist policies, culture must be the driving force of economic and legal change. This places a special responsibility on religious leaders, who must understand and communicate social values to their flocks. Many religious leaders still harbor disdain for commercial order, but The Commercial Society could go a long way to educating them in the basics. In fact, this book is important for anyone who seeks to do what Gregg's home institution, the Acton Institute for the Study of Religion and Liberty, advocates: To "connect good intentions to sound economics."

The Commonweal Editorial: “Crisis” Averted

Once again, I’d like to thank Michael P. for his posting the excerpt from the recent Commonweal editorial. Interestingly, I had read and reflected upon the content of the editorial along with Dr. Scott Appleby’s essay on the American Modernists early yesterday morning. For what it is worth, readers of Mirror of Justice may find it useful to know that I read Commonweal, First Things, America, the two NCRs (National Catholic Reporter and National Catholic Register), The Tablet, and Crisis, amongst other periodicals. It might be said that my reading fare is catholic. But I digress.

I found several remarks in the editorial to which Michael referenced arresting. The first is the phrase “faithful Catholics” that was placed in quotation marks by the author(s) of this particular editorial to affirm, I suppose, the fidelity of those who disagree with Church teachings on subjects such as ordination, artificial contraception, and the nature of the papacy. This assertion can lead other members of the faithful to believe that the Church’s teachings on these issues, and perhaps other matters, are flexible or ambiguous. I do not think that the Church’s teachings on these topics are as accommodating or indefinite as the editorial would imply with its juxtaposition of the phrase “faithful Catholics.” While Church teachings may be more flexible or less clear on other matters, they are not on these.

This brings me to the distinction that the editorial makes between “open and respectful disagreement” and “suppression.” There is the circumstance in which the heterodox remove themselves from full communion with the Church, and it would be a mistake to conclude, as the editorial did, that their fidelity to unmistakable Church teachings is not in question. It is, but they can do something about this dilemma as I indicated in a previous posting when Steve and I engaged one another in an earlier discussion dealing with fidelity to the Church’s teachings.

A final point I would like to raise in this posting about the editorial concerns its assertion that “History, especially the history of the Second Vatican Council, tells us that disagreement is often the work of the Holy Spirit.” This is an interesting but, nevertheless, inaccurate proclamation about the Council’s work and the documents it produced. Before drafting this posting, I reviewed the texts that the Council adopted, particularly Lumen Gentium and Dignitatis Humanae, and cannot reach the same conclusion that the editorial does about history, particularly that of the Second Vatican Council, and the work of the Holy Spirit. I acknowledge the existence of a history of dissent that ignores or disagrees with Church teachings that come from the Council, but I cannot agree that this particular history is consistent with the Council’s teachings or the work of the Holy Spirit. In making this appeal, I recall Saint Paul’s first letter to the Corinthians that the faithful must, in fact, agree, avoid dissent, and be united “in the same mind and the same judgment.” Indeed, there are some matters on which we can disagree and remain faith to the Magisterium, but surely there are other items on which we can not.    RJA sj

Law and Economics Training for Religious Leaders

In the past couple of days, there have been several posts here on the Mirror of Justice about markets and economics. This past week, Villanova hosted a conference on "Catholic Social Teaching on the Market, The State and the Law," while the University of St. Thomas simultaneously held a symposium on "Peace With Creation: Catholic Perspectives on Environmental Law." Issues of economics, markets, and the wisdom of reliance on government intervention to promote social justice were themes at both events.

In this regard, our readers may be interested in a post at the Volokh Conspiracy by Ilya Somin, with the above title, and which includes a cite to an earlier post by Rick Garnett here at MoJ. Ilya Somin's post includes the following:

* * * [I]t seems to me that many religious leaders who pronounce on public policy tend to reflexively favor increasing the role of government with little consideration of ways in which the interventions they favor might have perverse results, or ways in which social problems can be alleviated by reducing the role of the state instead of increasing it. Left-wing clergy seek to increase the role of government in fighting poverty, discrimination, and the like, while right-wing ones tend to focus their political energies on promoting "morals" regulation. This may well be painting with too broad a brush, and I'm sure there are religious leaders who are exceptions to this generalization. Nonetheless, it seems to me true as a general pattern (though I welcome correction by anyone who has compiled systematic data).

Learning basic law and economics won't necessarily turn religious leaders into libertarians. But it might give them a greater appreciation for markets, and engender at least a modest skepticism towards government. * * *


Saturday, September 22, 2007

So, What Does Catholic Social Theory Have to Say About This?

More Profit and Less Nursing at Many Homes   

Insulated from lawsuits by their corporate structures, private investors in nursing homes have cut expenses and staff, sometimes below minimum requirements.

Click here to read this worrisome story.

MOJ and Theological Diversity

As veteran MOJ-readers know, MOJ-bloggers are a theologically diverse group.  We often disagree among ourselves--sometimes quite strongly--about one or another issue.  When I read the following paragraph this morning (in a Commonweal editorial), I thought of MOJ's diversity and what a strength it is.

Yet “faithful Catholics” do in fact disagree about church teaching regarding contraception, the ordination of women, and the nature of the papacy, among other things. History, especially the history of the Second Vatican Council, tells us that disagreement is often the work of the Holy Spirit. “Perhaps one of the lessons we have learnt since the cruel way in which the Modernists were treated a century ago,” writes Fergus Kerr in Twentieth-Century Catholic Theologians (Blackwell), “is that we have to live with some quite deep divisions and intractable rifts within the Catholic Church, over morals and liturgy especially.” R. Scott Appleby’s article on the hundredth anniversary of the condemnation of the American Modernists (page 12), is a useful reminder of why open and respectful disagreement is always better than its suppression.


To read the rest of the editorial, click here.