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.

Sunday, May 6, 2007

Is there somthing about the culture of death that makes it especially deceptive?

We're all familiar with the re-definition of "embryo","conception", and "pregnancy" and to begin at implantation. Thus Plan B can't cause abortion and embryonic stem cell research can't kill embryos. Again, in Oregon I understand that suicide has been re-defined to not include assisted suicide.

I just looked at the new Mexico City law. It actually does not legalize abortion in the first 12 weeks. Rather, it simply defines "aborto" to include only "interruptions" (another odd word) of pregnancy after the first 12 weeks. ("Aborto es la interrupción del embarazo después de la décima segunda semana de gestación.")

So much for informed consent: "Don't worry, Senora. What we're doing here today is not an abortion."

CLS Religious Freedom Blog

The Christian Legal Society's estimable Center for Law and Religious Freedom (for which Rick and I serve on an advisory board) has a new blog devoted mostly to religious freedom issues.

Tom

Giuliani on Saddam's Eternal Torment

According to news reports, Rudy Giuliani

said Friday that former Iraqi leader Saddam Hussein is paying an eternal and deserved punishment for his brutal life's work.

"You sure wouldn't want to be where Saddam Hussein is, where we helped put him," Giuliani said during a campaign stop in eastern Iowa in which he praised President Bush's war on terrorism but acknowledged that mistakes have been made in Iraq.

It's one thing to say (correctly) that Saddam did great evil, and that his removal is in itself a great good -- even to call our invasion an instrument of God's justice on behalf of Saddam's past and future victims, and even (most questionable but still defensible) to accept his execution as the only way to protect Iraqi society against any attempt of his to retake power (cf. Evangelium Vitae para 100).  But Giuliani's further step into the territory of eternal reward or punishment seems entirely unedifying, especially when, as the story indicates, he crows proudly about how we sent the wrongdoer to his ultimate torment.  For one thing, politicians ought to stick to the issues of earthly justice (even if they assert, as they of course may, that these are informed by God's revelation).  And If they choose to expound on the ultimates, and implicitly claim to do so as Christians, they ought to communicate a sense of sadness about the eternal lostness of any of God's creatures, even if the lostness comes from a death that was necessary for the protection of others.

Then get a load of Giuliani's next moral argument to the Iowans:

During a town-hall meeting with some 100 people, the former New York city mayor was asked to compare what Saddam and former Defense Secretary Donald H. Rumsfeld did in the war. Giuliani paused before answering.

"Where is Donald Rumsfeld?" Giuliani said. "He's alive, writing a book and living the good life with his family."

He compared that to Saddam, who was hanged.

Ah yes, the victor was in the right -- a wonderful line of moral reasoning.  Of course Rumsfeld is not comparable morally to Saddam (faint praise as that is).  But we should all, including Rudy Giuliani, agree that the criterion for that moral distnction is not who survived and didn't survive the war.  Just an off-the cuff-answer?  Maybe, but maybe also revealing about how Giuliani thinks (or doesn't).

If this is how Giuliani hopes to recapture with traditionalist Christians the points he's lost by being pro-choice, I sure hope it won't work (but see the reported "cheers and applause" he received)

Tom

The infrastructure of religious freedom: Balkin responds

A few days ago, in this post, I commented on Jack Balkin's recent speech, "Two Ideas for Access to Knowledge– The Infrastructure of Free Expression and Margins of Appreciation," and asked:

What if we substituted "religious freedom" for "free expression"?  Does religious freedom require an infrastructure?  If so, "[w]hat is in that infrastructure"? 

Here are Balkin's thoughts, in response.

There certainly is [such an infrastructure]. Freedoms like speech, press, and religion require more than mere absence of government censorship or prohibition to thrive; they also require institutions, practices and technological structures that foster and promote these freedoms. . . .

So what are the infrastructures of religious freedom? They include a wide range of private institutions-- churches, educational institutions, and charities. They also include many of the same structures and technologies that undergird freedom of speech, because religions are usually perpetuated through communication and education, just as cultures and ideologies are.

Religious freedom faces a special problem, however, because the U.S. Constitution limits the forms of infrastructure that the government can provide. The Constitution forbids federal and state governments from making laws concerning establishments of religion or that establish religion. Hence some obvious methods for creating an infrastructure of religious freedom are not available to governments that would be available to promoting freedom of speech more generally. . . .

Therefore, government can play somewhat less of a role in providing the infrastructure of religious freedom than it can in the case of free expression. Much of the slack will have to be made up for by private action, including private charity. With respect to the latter, however, government can play and has traditionally played an important role. Governments have allowed deductions for contributions to religious organizations and religious charities, and they have traditionally allowed churches and other religious charitable organizations exemption from property taxes as part of a general exemption for charitable and educational organizations. . . .

So far, I think I'm on board.  There's more . . .

It standing governmental tax policies that treat religious organizations the same way they do other charitable and educational institutions.

Thus, although the Establishment Clause prevents the government from singling out religion for special benefits to create an infrastructure of religious freedom, it does not prohibit the government from creating infrastructural elements that benefit both religious and nonreligious expression alike.

I don't agree here, I think.  Sometimes, the government may single out religion for special treatment -- i.e., because it is religion -- without "establishing" religion or violating the freedom of religious conscience.  I am intrigued by, and attracted to, Balkin's "infrastructure" suggestions, but am not so sure that the Constitution limits government to building up that infrastructure accidentally, i.e., in ways that assimilate entirely religious freedom to free expression.

Gov. Kaine and religion

Here's a Washington Post article on Virginia's Catholic governor, Tim Kaine (D), and his frequent use of religious and religiously themed language. 

Religiously affiliated law schools blog

A new blog for MOJ-types:  Thanks to Mark Osler, the religiously affiliated law schools now has one.

Friday, May 4, 2007

Chiara Lubich's Essential Writings

I am resurfacing after a month which included moderating a series of programs to launch Chiara Lubich’s Essential Writings, the most complete collection in English to date of the letters, meditations, poetry, reflections and conversations which capture both the original spirit and key ideas behind the Focolare Movement’s work throughout the globe.

As many of you know, Lubich’s spirituality and work has been the springboard for much of my scholarship on how a Trinitarian model might inform approaches to legal theory.  Through the series of public events and scholar’s workshops, it was fascinating to see what others were beginning to draw out of her work, from a variety of disciplinary angles.

We didn’t plan it this way – speakers were free to focus where they wanted – but in the end many of the reflections revolved around how Lubich’s focus on Jesus’ cry on the cross, “My God, my God, why have you forsaken me?” – can become a key for bringing hope, love and light to the divisions and despair that envelop our world.

The Fordham program included reflections by the Holy See’s Observer at the UN, Archbishop Celestino Migliore on Lubich’s vision for international politics.  Rabbi Tsvi Blanchard of the National Jewish Center for Learning and Leadership gave a stunning reflection on how her work might inform a Jewish understanding of Jesus’s cry on the cross.  Peter Steinfels was also touched by her “unblinking and courageous faith” that “looks into the abyss of human suffering and does not turn her gaze.”  Here’s the CNS piece about the event that’s been picked up by various diocesan local papers. 

The Villanova program was graced by the presence of fellow MOJ-er Mark Sargent (implications for economics and corporate theory), and by Jeanne Heffernan (political theory), as well as a panel on ecumenical dialogue and the Focolare’s ongoing dialogue with African-American Muslims.  The program at Catholic University featured David Schindler and Peter Casarella.  Events were also held in Toronto, Montreal, Chicago, at St. Thomas (MN), in various cities in Texas, and in Los Angeles.

You’ll be hearing more from me on this – it’s the best English translation out there, so I’m looking forward to working it into future scholarship.  Amy

The Continuing Exodus of Women from Law Firms

The MIT Workplace center just released a new report "Women Lawyers and Obstacles to Leadership" documenting the exodus of women from law firms and its effect on male/female partnership ratios in law firms in Massachusetts.  From the summary:

Massachusetts law firms do not generally assume responsibility for the need of their lawyers to take time for their families. The result is an exodus of women from firm practice and an extremely low number of women among equity partners—the present ratio being 17% women, 83% men. These conclusions emerge from a recent report of two MIT Workplace Center surveys tracking the career paths of nearly 1000 women and men in Massachusetts firms over a five year period.

The specific findings of the surveys show that women and men enter law firms in essentially equal numbers but women leave firm practice at every pre-partner level at a far higher rate than men—more than 30% for women and less than 20% for men. The primary reason, far above all others, is the need for more time for family than the firms support. And this reason is borne out by what these women do when they leave. They do not opt out of the workforce. Nearly 80% move to workplaces that do allow the time they need, even if they are working fulltime.

The survey also shows the promise of reduced hours as a means of solving the time-squeeze problem. 47% of women with children practice part-time at some point, and those who do stay in their firms longer than women with children who work full-time. But the promise is unfulfilled because those who take part-time are likely to be penalized later. They are less likely to make partner than those who are able to stay full-time.

I haven't had a chance to read the whole report yet, but a Boston Globe article about it raised this concern:

The study echoes the findings of other recent major reports, but offers more detailed statistics and demographic data. It also aims to draw attention to the social consequences of this troubling exodus: As fewer women ascend to leadership positions in their firms, the pool of women qualified to become judges, law professors, business chiefs , and law firm managers is shrinking.

. . . For years, law firm leaders have insisted that as more women graduate from law school and enter private practice, the presence of women in leadership positions in the judiciary, in business, and in academia would grow correspondingly. But even though the gender gap in law firm hiring has been narrowing over the past decade, women are dropping off the partner track at alarming rates.

I think that is a valid point, generally, though I question whether that's true in academia.  Doesn't  staying in private practice long enough to make partner virtually disqualify you from a tenure-track position in most law schools?  The way this same dilemna plays itself out in academia is the timing of the tenure track, and the paucity of part-time tenure track or options of pausing the tenure track, as I've argued and documented elsewhere.

But are the social consequences of the lack of women in leadership positions really all that adverse?   Maybe we're all just better off if at least one spouse prioritizes her children over her career.  As I've argued here before, though, and as I've argued elsewhere, too, I think there are very serious reasons to be concerned about the persistence of this imbalance.

Friday afternoon (heretical) reflection

I like the saints.  I really do.  But sometimes, the accounts of the saints embolden the voice in the back of my head that tells me religion is a bunch of -- to use the technical term -- hooey.  Consider John Allen's report on this month's canonization of Frei Galvao:

Benedict XVI will canonize the first Brazilian-born saint in church history during his five-day trip, on May 11: an 18th century Franciscan named Antonio de Sant’Anna Galvao, or “Frei Galvao,” whose claim to fame is that he developed a paper “pill” inscribed with a prayer to the Virgin Mary, which devotees ingest in hopes of a miracle. The pills are reputed to have cured everything from depression to hepatitis.

The pills are made by religious sisters at the Convent of Light in São Paolo, where Galvao died in 1832 at the age of 83. They contain the following prayer: “After the birth, the Virgin remained intact / Mother of God, intercede on our behalf.” Devotees swallow three pills over nine days while reciting the prayer.

In 2006, devotees consumed an average of 90,000 pills a month, according to Brazilian press reports. Since Galvao’s canonization was announced, that number jumped to 140,000.

The miracle which cleared the way for the canonization was reported by a Brazilian woman, who had a deformity in her uterus which doctors said would make it impossible for her to carry a baby to term. After ingesting Galvao’s pills, however, she said she was able to carry her child for seven and a half months until he was delivered by Caesarean section.

The pills are not the only sign of supernatural accomplishment attributed to Galvao. He is also said to have levitated while praying, and to have had the ability to read minds and to witness events even when he wasn’t physically present. Pregnant women sometimes borrow a frayed piece of rope believed to have been Galvao’s belt, and wear it around their mid-section in hopes of a smooth birth. Devotees even hammer off tiny chunks of the wall from Galvao’s monastery and brew them in a tea, which they drink as a sort of elixir thought to promote good health.

Auxiliary Bishop Edgar Moreira da Cunha of Newark, New Jersey, the only Brazilian-born bishop in the United States, said in an April 30 interview that until the canonization was announced, Galvao was not a well-known figure.

“Frankly, I didn’t know about this thing with the pill until recently,” he said. “It wasn’t known in Brazil. It’s a very localized thing in São Paolo.”

Devotion to Galvao has not always played to positive reviews. Some see it as superstitious and tinged with elements of folk magic. Cardinal Aloísio Leo Arlindo Lorscheider, now retired from the Aparecida diocese, said in 1998 that he considered the devotion “ridiculous,” and prohibited local nuns from making the pills. (They kept doing it anyway.)

Da Cunha said he doubted the canonization would stir much controversy. For most people, he said, the only thing that matters is that a Brazilian is being honored.

Let me get this straight.  The Church accepts as proof of a miracle the fact that one woman was told that she could not carry a baby to term, and after taking this paper pill was able to carry the baby for 7 1/2 months?  This is the best we can do when 90,000 pills are being taken every month?

On to my uncynical less cynical questions: Once the canonization occurs, are faithful Catholics supposed to believe that this man actually levitated, could read people's minds, and made miraculous pills out of paper?  Or do saints fall under the "big tent" approach to the Church, so that it's enough to acknowledge that God manifests Himself in mysterious ways, not all of which we can vouch for with certainty?  (But isn't the Church vouching with certainty by canonizing him?)  In any event, just as some of today's Islamicists tempt me to embrace Voltaire, the story of Frei Galvao makes me acknowledge the appeal of David Hume.

Thursday, May 3, 2007

Ultrasound and the future of abortion

A very interesting piece by Will Saletan, at Slate, "Sex, Lies, and Videotape."  Here's a bit:

Pro-lifers are often caricatured as stupid creationists who just want to put women back in their place. Science and free inquiry are supposed to help them get over their "love affair with the fetus." But science hasn't cooperated. Ultrasound has exposed the life in the womb to those of us who didn't want to see what abortion kills. The fetus is squirming, and so are we. . . .

Critics complain that these bills seek to "bias," "coerce," and "guilt-trip" women. Come on. Women aren't too weak to face the truth. If you don't want to look at the video, you don't have to. But you should look at it, and so should the guy who got you pregnant, because the decision you're about to make is as grave as it gets. . . .

To pro-lifers, ultrasound is a test of pro-choice sincerity. "The same people who scream that women must always be told 'all their options,' including abortion, balk at allowing women to see whom it is whose life they are about to take," says Mary Spaulding Balch, NRLC's state legislative director. "They are petrified that women will change their minds after seeing their babies."

Maybe. But pro-lifers seem equally petrified that women won't change their minds. They rigged Mississippi's ultrasound law with a clause that would ban nearly all abortions if Roe is overturned. Now the Supreme Court has echoed that equivocation, ruling that one way to "inform" women of the evil of partial-birth abortion is to criminalize it. But the clash between ultrasound and the partial-birth ban is ultimately a choice between information and prohibition. To trust the ultrasound, you have to trust the woman.