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.

Thursday, May 10, 2007

Novak's House is Made of Glass (and so is mine)

Rick is more familiar with First Things than I am.  I just want to clarify, though, that a persistent call to sacrifice in order to alleviate some of the suffering of the poor is not, in my mind, the same as a periodic stick in the eye of those who want to use the government to help the poor.  I may be wrong, but First Things seems to do plenty of the latter, not so much of the former.  Take, for example, this piece from the current issue titled What Should We Do About the Poor? ("Because the reality of the underclass has to do mainly with culture and patterns of personal behavior, what government can do to help is limited.")  I do not believe that every journal has to focus on every issue implicated by CST, but I think we let ourselves off much too easily in terms of what the Gospel calls us to do. 

I've been reading much of what's been produced by Yale law prof Dan Kahan's "Cultural Cognition" project, which studies our tendency to view disputed matters of fact through the lenses of our cultural identities, so that "where members of society disagree about the harmfulness of a particular form of conduct, we instinctively trust those who share our vales -- and whose judgments are likely to be biased in a particular direction by emotion, dissonance avoidance, and related mechanisms."  (This comes from Kahan's wonderful paper, The Cognitively Illiberal State.)  We don't like to be pushed out of our comfort zone, particularly when it comes to complicated policy issues, and so we tend to cluster around shared sets of beliefs that are shaped by factors beyond the "merits" of the issue at hand.  Our parish, in a politically progressive neighborhood, talks a lot more about poverty than about abortion.  I know of parishes in politically conservative neighborhoods that talk a lot more about abortion than about poverty.  I suspect that Democrats are more comfortable than Republicans reading Commonweal, and I suspect the opposite is true for First Things.  If we think that our level of attraction to each magazine is purely a function of our good-faith, free-standing reading of the Catholic intellectual tradition, we're kidding ourselves.  CST is broad enough that it can provide cover for directions in which we were already headed, and our magazines reflect that.

Reply to Eduardo

I don't believe what I wrote "certainly (sic) suggests" that "Professor Kaveny's writing" on the subject of abortion merits excommunication.  But, just to dispel any doubt, I did not then, nor do I now, know of any ground that would justify the Church's declaring Professor Kaveny excommunicated.  No, we're all in this together, at least for now.  I've long held Cathy Kaveny in very high regard, something she, but perhaps not Eduardo, would have every reason to know.  I just disagree with her from time to time, and she with me, and there's no surprise or evil in that.  Concocting a reading of my post according to which I am so presumptuous as to suggest that our partner in dialogue should be excommunicated is pure silliness.   

In what I wrote I linked to Pope Benedict's recent comments on the possible declaration by Mexican bishops of the latae sententiae excommunication of Mexico's elected officials who had voted to decriminalize first-trimester abortions.  I did so in order to provide a cutting-edge context in which to evaluate the principle Kaveny had recently advanced in her editorial in Commonweal, and I quoted that principle (I did not give a "summary" of the editorial to which I also linked) according to which the Court "would highlight the humanity of unborn life while recognizing that secular law should not require a woman to sacrife her fundamental integrity to carry her baby to term."  The part of that principle that I've now italicized is really very far from anything the Church is saying about the principles that should guide decision-making and political choices that bear on abortion.  Professor Caveny seeks with the principle to acknowledge and serve simultaneously two sets of "core values."  But again, "core values" is a not-so-subtle way of taking one's attention of the Church's principle, indeed that of the natural moral law, according to which it is a grave moral evil intentionally to take innocent human life.  Eduardo says Kaveny "is talking about abortion to protect the health or life of the mother."  Is that really all she is talking about with her concept of "secular law" that treats as "fundamental" something other than the basic principle that good is to be done and pursued and evil avoided?  Kaveny suggests that her principle would be a step toward a "workable compromise."  I understand the de facto need for incrementalism in undoing Roe in the immediate future, but I don't think the Church bids us have our eye on a "compromise" premised in part on the "fundamental" advanced by Kaveny.

Since I don't have any reason to believe Professor Kaveny should be excommunicated, I don't need to reach Eduardo's question about whether I'm not edging toward endangering "academic freedom."  But, just to be clear about this too, let me say that I adhere to the Church's norms regarding who is fit to teach in Catholic colleges and universities.  It's not really about whether "[I] would stop there."  There are norms, and putatively Catholic colleges and universities should adhere to them, and they should do so in a spirit of unity and charity.  Those norms, for their part, are deeply infused with and shaped by the Church's perennial judgment of the importance of scholars seeking the truth in freedom.  I'm sure, though, that there are some conceptions of "academic freedom" that are out of place in Catholic places of higher learning.  I suppose one might even under some circumstances have to choose between "Catholic" and "academic freedom." 

      

Not-quite-so-glassy

Rob is right, certainly, that "cherry picking" of the Catholic Social Tradition is a temptation for those on the right and the left alike.  It strike me, though -- I've been a subscriber for about 11 years -- that First Things magazine's house is not as made-of-glass (there is a word for being made-of-glass, right?  what is it?) as Rob's post suggests. 

Surely, the magazine has -- many, many times -- addressed questions relating to the justice of the economic order and social-welfare policy, in a way that is informed by the various authors' understanding of the Tradition.  On the other hand, my impression -- which could be wrong, of course -- is that (as Novak suggests) the claim that the Tradition *necessarily* and *at its heart* speaks to the inviolable dignity of the human person (and, therefore, to abortion, embryo-destroying research, and euthanasia) encounters more resistance "on Catholic campuses" than would, in the First Things editorial offices, the claim that the Tradition poses strong challenges to our consumerist economic order or to libertarian social-welfare policies.

That said, I assume that we can all agree that the cherry-picking temptation is one to be resisted (and is hard, sometimes, to resist!).

A great event at Princeton on "The Free Society"

Princeton's James Madison Program (which is directed by Robby George) is hosting what looks to be an outstanding conference, "The Free Society:  Foundations and Challenges," on May 14-15.  More information is here.  And, here is the blurb:

Freedom is the unifying theme of modern civilization. For the last two centuries, almost all important movements of thought and action in the nations of the developed west have looked to freedom as their aim and justification. Today, the aspiration to freedom seems to dominate political discourse in all corners of the world. Nevertheless, freedom is not simply a creed but also a question. For many disputes persist concerning the character of a truly free society, the conditions that allow freedom to flourish, and the challenges that free societies must confront. Moreover, the very progress of human freedom tends to raise questions about its compatibility with other cherished principles such as equality, virtue, community, and tradition.

The conference addresses some of the questions that arise in connection with the quest for freedom. Scholars in the social sciences and humanities will address a variety of issues including:

What is the relationship between liberal education and the free society?

How is freedom to be reconciled with and supported by the discipline imposed by the rule of law?

Does a capitalist economy foster a society that is just as well as free?

How can freedom be preserved when a society is under threat of terrorist attack?

How does the aspiration to freedom appear in light of claims of divine revelation?

What historical conditions are necessary for free societies to emerge?

Carozza on International Law and the Common Good

Notre Dame law prof (and former MoJ-er) Paolo Carozza has posted a new paper, The Universal Common Good and the Authority of International Law.  Here is the abstract:

This article examines the foundations of international law and the authority of international institutions from the perspective of the intellectual traditions of Roman Catholic social thought and natural law theory. The first half of the discussion focuses on the concept of a “universal common good” which grounds the authority of international law. It identifies four unresolved ambiguities in the idea of a universal common good, which need to be further clarified in order to understand better the role of international law and institutions in the contemporary world. The second part of the article applies the discussion of the universal common good to the analysis of one important aspect of contemporary international law: the authority of international institutions. Using in particular the example of the UN Security Council, the article argues that the decisions of international institutions should be considered to be authoritative in the fullest sense insofar as they serve the universal common good.

InterVarsity back at Georgetown

Not long ago, Georgetown University was on the receiving end of some (mostly critical) attention, here at MOJ and elsewhere (here, here, and here, for example) after the school's campus-ministry office kicked the InterVarsity Christian Fellowship off campus.  Well, InterVarsity is back.

June Conference on Catholic Legal Thought

Here's the schedule for the June Conference on Catholic Legal Thought to be hosted this year by the University of St. Thomas, in Minneapolis.  Highlights:

Wednesday, June 13, 2007: Introductory Day on Catholic Social Thought, Through the Lens of the Ethics of Economic Life, by Daniel Finn,  Dept of Economics & Department of Theology, St. John's University, Collegeville, MN

Thursday, June 14, 2007

Roundtable:  Tensions in Arguments from Scientific and Theological Bases in Development of CLT Related to “Life” Issues – Stem Cell Research, Assisted Reproduction, Abortion, Contraception (Teresa S. Collett, University of St. Thomas School of Law; Sr. Marie Paul Lockerd, M.D., Religious Sisters of Mercy; O. Carter Snead, Notre Dame Law School; Paul J. Wojda, Unversity of St. Thomas Dept. of Theology, Catholic Studies Program; Moderator: Amy Uelmen, Fordham University)

Workshopping Book Project: "To Bind Up the Nation’s Wounds: Rekindling the Spirit of Our Living Constitution," Michael Scaperlanda, University of Oklahoma College of Law

Spiritual Reflection Susan Stabile, St. John’s University School of Law

Friday, June 15, 2007

The challenges modern legal theories pose to traditional Catholic understanding of the law   William T. Cavanaugh, University of St. Thomas Theology Dept.

Discussion of Chapter 1 (“The Myth of the State as Saviour”) of Cavanaugh’s Theopolitical Imagination Respondents: Patrick M. Brennan, Villanova University School of Law & Kevin P. Lee, Campbell University School of Law

Relating the encyclical Quas Primas to the ordering of the business world (Dennis Q. McInerny, Our Lady of Guadalupe Seminary; Brian M. McCall, University of Oklahoma College of Law; Lyman P. Johnson, Washington & Lee School of Law)

Field Trip to Loome Theological Booksellers, "the World’s Largest Used Theological Bookstore," in Stillwater, MN

Novak Throws Stones (from a Glass House)

Over at First Things, Michael Novak sees a gap in the worldview of "left wing" professors on Catholic campuses:

More and more often on Catholic campuses, left-wing Catholics are hiding their own ideological preferences behind the mantra “Catholic social thought.” To listen to them, you would think that the Catholic social ethic has four main emphatic tenets and five great silences. The four emphases are: (1) pacifism and nonviolence; (2) legal limits on the income of the rich; (3) the extension of the social welfare state for the poorest 12 percent of the American population (about forty million people), until all are lifted by government grants above the poverty line; and (4) the elimination of the death penalty in the thirty-some states that still allow it.

Merely on the terrain of social ethics, this creed is notable for (a) its silence about ending abortion (forty-eight million since 1973); (b) its silence about federal funding for embryonic stem cell research and cloning; (c) its silence about the fourfold increase in violent crime since 1965—committed disproportionately against the poor; (d) its silence about the sixfold increase in father-abandoned families (chiefly among the poor); and (e) its silence about the horrific oppression of Muslim peoples around the world, including the daily assaults on their dignity by secret police, and the normal, regular abuse of their individual rights. We might call these the five silences.

This criticism is a two-way street, methinks.  Speaking of notable silences, how many articles in First Things have focused on poverty?

Pluralism, Dialogue, and Freedom

Here's a link to a forthcoming paper of mine -- part of a Journal of Law and Religion volume dedicated to the work of my colleague, Bob Rodes -- called "Pluralism, Dialogue, and Freedom:  Professor Robert Rodes and the Church-State Nexus."  The abstract:

The idea of church-state “separation” and the image of a “wall” are at the heart of nearly every citizen's and commentator's thinking about law and religion, and about faith and public life. Unfortunately, the inapt image often causes great confusion about the important idea. What should be regarded as an important feature of religious freedom under constitutionally limited government too often serves simply as a slogan, and is too often employed as a rallying cry, not for the distinctiveness and independence of religious institutions, but for the marginalization and privatization of religious faith.

How, then, should we understand church-state “separation”? What is the connection between separation, well understood, and religious freedom? What is the place, or role, of religious faith, believers, and institutions in the political community governed by our Constitution? With respect to these and so many other interesting and important questions, the work of Professor Robert Rodes has been and remains a help, a challenge, and an inspiration.

This essay is an appreciation, interpretation, and application of Professor Rodes's church-state work. In particular, it contrasts the church-state “nexus” that he has explored and explained with Jefferson's misleading but influential “wall” metaphor. After identifying and discussing a few of the more salient features of this “nexus,” it closes with some thoughts about how the leading themes in Rodes's law-and-religion writing can help us better understand and negotiate one of today's most pressing religious freedom problems.

Thoughts and comments welcome!

Abortion juxtaposition

In the coffee shop this morning, I was struck by the below-the-fold "here's what's inside" box on the front page of the New York Times.  Right next to each other were the two abortion-related stories, which have already been mentioned, i.e., the report on the Pope's "remarks against abortion" and the one on Giuliani's (obviously poll-tested) decision to go ahead and "support abortion rights."  I was also struck by this observation, at the end of the Giuliani piece, from Rich Lowry of National Review:

Rich Lowry, editor of National Review, the conservative magazine, said, “You can’t win as a pro-choicer who is going to deliberately set on challenging the party’s orthodoxy on the issue.”

“It doesn’t have to take him down,” Mr. Lowry said of Mr. Giuliani and the abortion issue, “but if he continues to mishandle it, it’s going to be a real problem for him. One of the big ironies for him is he doesn’t care about abortion.”

I wonder what that means, i.e., "he doesn't care about abortion"?  Doesn't care?