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.

Friday, May 18, 2007

Spiderman 3

I agree wholeheartedly with Tom's review of Spiderman 3, which I also saw with my family this weekend.  (And I would add that the special effects are fantastic.  The feeling that you are swinging along with Spidey though the canyons between the skyscrapers in Manhattan is worth the price of admission!)

But I think that the scene in the Church referenced in the Christianity Today quote was theologically troubling in one respect.  If I am remembering this correctly, that pivotal scene begins with one of the villains going into the church to pray for God to kill Peter Parker (aka Spiderman).   Now, really, is that appropriate?  I'm totally at home with praying to St. Anthony to "come round" when "I've lost something that can't be found" (really works for me all the time);  and even with burying the statue of St. Joseph in my back yard when I'm trying to sell a house (works for me, too).  But praying to smite a particular enemy of mine?  Seems to be going a bit too far.   

Benedict the Communicator

John Allen's current column has a fascinating analysis of "the paradox of a pope who is a master communicator, but who nonetheless needs to work on his communications skills."  Allen writes that:

On the one hand, Benedict is an exceptionally lucid communicator.  He's a gifted logician, so his conclusions flow naturally from his premises.  Moreover, he's able to synthesize complex ideas in easy-to-understand formula, so you don't need a degree int heology to get his point.  Yet Benedict can also be remarkably tone-deaf to how his pronouncements may sound to people who don't share his intellectual and cultural premises. 

Allen suggests an explanation that seems to me to get at the heart of what makes what we are trying to do with "Catholic legal theory" so difficult:

Benedict is close to the communion school in Catholic theology, whose key figures accent the need for the church to speak its own language. It's an "insider's" discourse, premised on the conviction that Christianity is itself a culture, often at odds with the prevailing worldview of modernity. All this is part of Benedict's project of defending Catholic identity against pressures to assimilate in a relativistic, secularized world.

Benedict also has tremendous interior freedom, meaning he doesn't conduct focus groups before deciding what to say. Certainly no one wants Benedict shackled to a platitudinous form of political rhetoric, designed principally to avoid offense.

Yet a pope is, inevitably, Catholicism's chief ambassador to the outside world, including people not predisposed to give the church the benefit of the doubt. That implies a special responsibility to weigh one's words carefully, not just for their inner logic, but also for their potential cultural and political repercussions. It's not enough to insist that the world take the church on its own terms -- one has to meet it halfway.

Part of what I think many of us are trying to do is figure out the vocabulary and arguments of that "insider's" discourse, to determine for ourselves how it ought to be applied to legal issues -- to be, for our Church, where it "does its thinking" about the law.  But part of what we are also all trying to do is be Catholicism's "ambassadors to the outside world, including people not predisposed to give the church the benefit of the doubt."   How far do we go in meeting the world halfway in that effort, without compromising the "project of defending Catholic identity against pressures to assimilate in a relativistic, secularized world"?  It's tricky, isn't it?

OK, I Really Promise, This is the Last Response to Greg

Thanks to Greg for summing up our recent exchange.  I agree with his main point that we all need to test our assertions about social/economic policies -- market or not -- with empirical evidence.  Three quick comments.  First and most important, as an empirical matter I have a much bigger affinity for Britain and Ireland than for France, because the former, unlike the French, take the game of golf seriously.  Second, although avoiding demonization of a country like France was part of my point, I was also saying that we ought to recognize that some nations' stronger safety-net policies help them do better than the U.S. on certain measures relevant to Catholic social thought.  That, I think, was a response to Greg's original post asserting only the failures of welfare programs and regulations, and was not a changing of the subject.  Third, some of us manage to believe both in school choice (to say nothing of the imporance of education) and in the idea that government benefits and regulations can promote human capacities, not just retard them.  Or to take another example, some of us believe both that government should ensure a substantial safety net of services and benefits and that many of those should be delivered through non-govermental providers.  So in terms of the Left and Right interpretations of Catholic social thought that Greg describes, I suspect that a lot of us, even on the blog, have some combination of lefty and righty views.

Tom

Thursday, May 17, 2007

"Catholic Members of Congress Express Concern"

Here is a statement, issued by various Catholic members of the House of Representatives, "in response to Pope Benedict’s warning that Catholic elected officials risked excommunication from the Church and should not receive communion for their pro-choice views."

Put aside the question whether, in fact, the Holy Father ever suggested that Catholic elected officials risk excommunication for "pro-choice views." Put aside, also, questions -- questions that are well above my pay grade -- about whether or not "pro-choice" Catholic politicians have excommunicated themselves.

This just strikes me as bizarre:

The fact is that religious sanction in the political arena directly conflicts with our fundamental beliefs about the role and responsibility of democratic representatives in a pluralistic America -- it also clashes with freedoms guaranteed in our Constitution.  Such notions offend the very nature of the American experiment and do a great disservice to the centuries of good work the church has done.

What is meant by "religious sanction in the political arena"? A suggestion by the Pope that a politician who agitates in favor of expanding abortion rights has, by that agitation, left communion with the Church is not a "religious sanction in the political arena." Second, how on earth can such a suggestion "clash[]" with, or even implicate, the "freedoms guaranteed in our Constitution"? Next, what are the "notions", exactly, that "offend the very nature of the American experiment" (and why should the Pope care about such offense?) And, finally, words cannot capture the silliness of pro-abortion-rights Congressmen scolding the Pope for -- by reminding Catholics that they ought not to promote the destruction of unborn children -- undermining the "centuries of good work the [C]hurch has done."

Is the Prime Minister Catholic?

We'll see . . .

If so, I hope he announces on June 22.

Moving Beyond France and Toward More Critical Analysis in Catholic Social Thought

Tom Berg’s most recent posting on this thread (our prior exchange may be found here, here, and here) links to a thoughtful post by Morning’s Minion on the “Reasons and Opinions” blog. In that message, Morning’s Minion offers a balanced economic comparison of France and the United States. Without endorsing every element, I find this message to exemplify precisely the kind of critical analysis (even when directed at my own assertions as well as those of my interlocutors) that I intended to provoke by my original posting. Attention to economic analysis is too often neglected in Catholic Social Thought circles. (On the merits, I am intrigued by the suggestion by Morning’s Minion based upon his evaluation of the data that the most effective and socially just society may be found in a combination of low-regulation of the economy and employers together with a generous welfare system through government benefits. This design stands in contrast to the French approach which imprudently joins high levels of government spending with extensive regulations imposed on businesses and employers, thus strangling economic opportunity and proving unsustainable in the long term.)

Re-reading the exchange between Tom and I over the past week here on the Mirror of Justice, as well reflecting on hallway conversations we have had here at the University of St. Thomas, I believe that we’ve often been talking past each other, because our messages have differed both in emphasis and goal. As explained in his last post, Tom Berg saw my messages as overstated broadsides against France, of a style that he regards as unfortunately common and reflecting smug American biases against that nation. Thus, to counter that trend, he understandably wished to add nuance and balance to the discussion, describing the upsides as well as the downsides of another country for which he has affinity.

For me, by contrast, France was merely a timely illustration of Big Government excess, brought to mind by the recent presidential election there. The purpose of my message was to counter what I see as an unfortunate and even careless tendency among some to readily equate Catholic Social Thought with government-centric programs and top-down social engineering, while ignoring the collateral damage that governmental intervention may cause to economic progress, intermediary institutions, social development, healthy incentives, and liberty interests. Thus, Tom Berg’s messages were somewhat frustrating to me because I perceived them as assiduously dodging the central question that I had raised and displaying a continuing avoidance by those on the Catholic left of any acknowledgment of the dangers that may follow when state power is employed toward preferred ends by imposing taxes and controls on the citizenry. In retrospect, I realize that Tom was not so much avoiding the subject as identifying and pursuing a different topic or emphasis.

So where do we go from here? By e-mail, Morning’s Minion has noted Cardinal Dulles’s definition of prudential judgment as “the application of Catholic doctrine to changing concrete circumstances.” This should lead, he argues, to an empirical over an ideological approach, such as that so well exhibited on his “Reasons and Opinions” blog.

Now we probably cannot and should not set aside ideology altogether, if by ideology we mean a reasonable and coherent set of philosophical premises or basic suppositions by which we organize our understanding of the world. When the empirical evidence is uncertain (as it often will be) or when a choice involves factors that cannot be objectively compared (such as asking how much liberty we are willing to surrender to government in order to achieve economic security), we unavoidably will fall back on ideology or political philosophy in coming to a conclusion.

In this respect, those on the political left and right on the Mirror of Justice plainly sart from different points and evaluate proposed solutions to a social justice problem by conferring differing weights on the factors implicated. My friends on the Catholic left begin with a liberal (pun intended) receptivity to proposals for more government benefits and regulations, while remaining more or less open to being convinced that a particular exercise of government power is unwise due to the detrimental consequences to the economy, social development, and liberty. By contrast, I and others on the Catholic right view with immediate skepticism any proposal to employ the forces of government, because restricting the powers of the state and preserving liberty takes priority of place in our political philosophy. Thus, we will differ as to the burden of proof demanded of proposals for government intervention.

We may also differ on what we believe to be the root causes of social injustice, and particularly the tragedy of poverty. Those on the Catholic left tend to see poverty as primarily a result of unjust economic structures, with some acknowledgment that other factors may play a role. Thus, a preference for governmental intervention understandably follows. Those of us on the Catholic right believe that poverty in a dynamic, open-entry economy like that found in the United States is primarily the result of social, educational, behavioral, and even spiritual factors, while acknowledging that the imperfections of market economies justify some level of governmental attention to lessen the burdens and fill in the gaps. Thus, conservative Catholics prefer solutions that enhance educational opportunity (such as school choice), encourage changes in self-destructive behavior (or at least do not facilitate or create perverse incentives toward pathological behavior), and that facilitate private intermediary institutions that are better able to address social and spiritual needs that are neglected by governmental bureaucrats.

Nonetheless, our shared Catholic faith, our respect for human dignity, our energetic aspirations for a better society, and a commitment to critical analysis should offer some opportunities for us to find common ground and thus to transcend the lines of political ideology behind which our secular counterparts are trapped. In this respect, the emphasis on empirical study that Morning’s Minion advocates should be an essential part of our bag of tricks in Catholic Social Thought. Tom Berg and I are unlikely ever to come to complete closure about the appropriate role of governmental power in achieving a good and just society. Yet those interested in Catholic Social Thought may be able to better to engage productively in deliberation about these issues by ensuring that concrete proposals for programs and projects are critically examined in all elements. A rigorous and candid exploration should become an expected and demanded element of any proposed course of action to promote social justice. And we must always elevate the spiritual element, as essential to and more important than any political enterprise.

Greg Sisk

"Law and the Catholic Social Tradition" at the University of Chicago

Yesterday, I finished teaching my seminar, "Law and the Catholic Social Tradition," at the University of Chicago.  (Here's an earlier post, which includes the syllabus.)  We met for 8 weeks, two hours each week.  The group was a bit large for a seminar (30 students), but the class still proceeded as a discussion, rather than a teacher-led lecture.  The students were a wonderfully diverse and engaged group -- Catholics and non-Catholics, religious believers and non-believers, liberals and conservative.

I enjoyed the experience immensely.  I thought that the "thematic" approach (rather than, say, a chronological examination of the leading encyclicals) worked well, as did the incorporation of disagreeing Catholic views (e.g., Sargent v. Bainbridge) but also the incorporation of standard legal materials and articles (e.g., the Ten Commandments case, Geoffrey Stone's op-ed on public moralism, an Andy Koppelman article on religious freedom, etc.). 

I hope, over the next few weeks, to post some short reflections by some of the students who took the course.  (If any of them are reading this:  "Thanks!").

If there was any one theme, it was, I think, "integration."

Senate approves far-reaching immigration bill

Here's the Washington Post story about the Senate's immigration bill, which basically reflects -- so far as I can tell -- the Bush / McCain / Kennedy approach to the matter.  It's probably tougher than the U.S. Catholic bishops would like, but much less tough than some in the "bases" of the two political parties would like. 

Frankly, my initial take is to say that this looks like a good proposal.  (Hats off to Sen. McCain for continuing to support it, even though this support will probably doom his chances at the GOP presidential nomination.)  It takes seriously a political community's right to protect itself and to control its physical borders, and it has elements designed to encourage assimilation and language-learning; it does not grant "amnesty"; at the same time, it is realistic about the impossibility  -- and, frankly, the cruelty -- of mass-deporting more than ten million people who contribute to our economy, our culture, and our community.  But, of course, people like Mike S., Amy Uelmen, and Mary Ann Glendon  know more than I do about this . . .

How Not to Criticize Jerry Falwell

While we wish R.I.P. to Jerry Falwell, it's also legitimate to debate his legacy.  I have at best mixed feelings about Falwell, who I personally think emphasized some important values but was highly selective among Christian teachings, and who made some truly despicable public statements (blaming gays for 9-11, peddling videos accusing Bill Clinton of drug-related murders).  [MODIFICATION: I should not downplay Falwell's leadership against abortion, and I should say "very important values" and simply "mixed feelings."] However, this editorial in the Minneapolis Star-Tribune makes criticisms of Falwell that would earn it an F from me in a college (maybe even a high-school) persuasive writing course:

One did not have to believe in the Rapture to see that, under Falwell's leadership, huge numbers of Christians disappeared from mainstream U.S. politics. . . .

Even now, almost two decades after the Moral Majority was disbanded, Christians are divided about their proper role in the public square. Instead of helping them see what they had in common -- as, for example, Billy Graham has done for many -- Falwell urged them to focus on the issues that drove them apart. It's hard to see what's moral about that.

The Rapture thing is cute, but I have no idea what the editors are talking about, since Falwell is known for bringing fundamentalist Protestants into the mainstream political process, from which they had separated themselves for decades.  Indeed, the usual criticism is that they've inappropriately taken over one of the two major political parties, not that they've "disappeared" from major-party politics.  As for the ensuing paragraph about divisiveness, I'm now awaiting the Star-Trib editorials saying it's immoral for Christian clergy to denounce the Iraq war as unjust, since that's an issue that "dr[ives] Christians apart."  Or that it's immoral to denounce cuts in anti-poverty programs or in taxes on the rich, since Christians disagree about those matters too.

People in public debate find endless ways to try to avoid having to take on the merits of their opponents' religiously motivated positions,  Of course, the editors would have avoided these mistakes if they'd simply read RIck's great "Religion and Division" piece.

Tom 

   

Wednesday, May 16, 2007

The Moral Anthropology of Spiderman 3

I didn't see Spiderman 2, and I gather all of the movies in the series are about power, responsibility, and temptation, so maybe this is old news ... but I found Spiderman 3, which our family saw this weekend, chock full of moral lessons of Christian import for kids and adults.  (It's also full of too many villains and plot lines to develop well, so it's not a perfect movie, but ...)  Without writing any spoilers, I can say that our hero Peter's personality is taken over by a very unwholesome influence -- but the point is, the malignant agent simply magnifies the bad tendencies he's already shown.  It was a nice metaphor of how original sin is revealed and compounded by worldly temptations and social forces.  There's also a lesson about our always ultimately having the choice to do good that may underestimate the power sin can have over our wills, but when that's taken together with the depiction I just mentioned of how evil is latent in us -- and starts to feel more and more comfortable the more we continue in it -- the overall moral anthropology in the movie is quite Christian.  Christianity Today liked it too:

[T]he themes are as straightforward as Sunday school lessons: the dangerous allure of vengeance, the power of forgiveness, the nature of true love. There's even a church standing at the center of the movie's widening gyre, where Peter wrestles with his sinful nature, that all but guarantees Spider-Man 3 a place on Christian film-critic top ten lists for 2007. An admirable act of sacrifice during the climactic battle is sure to inspire a Christian-market spinoff book: The Gospel According to Spider-Man.

Tom