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, April 13, 2007

Lawyers as Prophets or Pilgrims?

Something in Fr. Neuhaus's Public Square Column in the March issue of First Things made me think of Rob's questions about whether Christian lawyers are all called to be prophets, and what that might mean.  Neuhaus quotes Christopher Levenick's review in the Claremont Review of a series of recent books (by Jimmy Carter, Michael Lerner, Robin Meyers, Dan Wakefield, and Jim Wallis) "attacking conservative Christians in public life."  Levenick apparently criticizes the self-righteous tone of these books, writing:

"Perhaps [more reflection on moral ambiguities] will remind them that we are pilgrims more than prophets, that we pass through this City of Man as strangers in a strange land, longing for and ultimately arriving, we pray, in the City of God.  And until we achieve that distant Kingdon, we will do best to recognize each other's good intentions, offer one another patient correction, and pray for our mutual betterment and withal follow the counsel of Micah, to do justice, love mercy, and walk humbly with God."

Fr. Neuhaus then adds:

And it may be that you cannot always do all three at once.  There is, I would suggest, an ordering of imperatives in Micah's counsel.  When you do not know what justice requires, or cannot do what you believe justice requires, then at least love mercy;  and when you discover, as you inevitably will, how difficult is such love, then, at the very least, walk humbly with God.

Maybe too much focus on forming lawyers to be "prophets" ignores the rest of those imperatives -- loving mercy and the humble walk with God?

Making babies without men?

Perhaps it's not that far off.

Celebrating the Martyrs

Over at PrawfsBlawg, Paul Horwitz comments on Monica Goodling and Regent's religious identity (see our previous discussion here and here).  An excerpt:

But one may fairly worry -- for the school's sake, not ours -- about the high-wire act involved in living out a religious mission in the political realm.  This administration's highest desideratum seems to be personal loyalty to the President.  I confess to the view that personal loyalty is either not a virtue at all, or not a very high virtue.  But even if I am wrong about that, it is a quality that may come into tension with higher and broader values that I take it that Regent graduates at their best should personify.  The school itself understands this on a personal level, I think; the Globe story quotes one student saying of Goodling that she is a poor representative of Regent because "you should be morally upright.  You should not be in a position where you have to plead the Fifth."  Whether its administrators always take a similar view, or whether they ultimately are seduced by the lure of power itself, is another question.  It seems to me that the school might seek other numbers besides the number of its graduates serving in the administration.  What about boasting about the number of whistle-blowers it has produced?  Or the number of people who have stood in the way of senior officials and said "no" to unwise or immoral ideas?  Or the number of people who have resigned in protest from some high position?  I am thus sympathetic to the school's stated goals of sending its graduates to live out a Christ-centered life in public service, but hope they will spend as much time celebrating their martyrs as they do those who have gained influence in high places.

Thursday, April 12, 2007

University Faculty for Life conference at Villanova

The annual meeting/conference of University Faculty for Life (UFL) will be held at Villanova on June 1-3, 2007. This year's conference, which is being supported by Our Sunday Visitor Institute and Ave Maria School of Law, is being organized by Jeanne (Heffernan) Schindler from Villanova. This year's conference should be excellent. The speakers will include Helen Alvare, David L. Schindler, and John Keown. The call for papers (and other conference information) is available on the UFL website. I hope to see many of you there.

Richard M.

 

Wednesday, April 11, 2007

Religious Freedom conference in Portland

This weekend (Thurs-Sat), the University of Portland's Garaventa Center for Catholic Intellectual Life and Culture is hosting a conference, "The American Experiment in Religious Freedom."  Justice Scalia is delivering the keynote address, and presenters include:  Judge John Noonan, Kevin Hasson, Judge Diarmuid O'Scannlain, Sen. Patrick Leahy, Jean Bethke Elshtain, the lovely and talented Nicole Stelle Garnett, MOJ-pals Michael Moreland and John O'Callaghan, and many, many others.  Check it out.

Skepticism About Lawyers as Prophets

In response to my Shaffer-inspired suggestion that Christian lawyers should function as prophets, Joe Knippenberg wonders:

Does this mean that Christian lawyers (or perhaps Christians simply) ought always and everywhere to be in an adversarial relationship with the powers that be? Should they never be "judges" or "kings," but only prophets? I mean that question somewhat seriously. A judge or a king has a responsibility for the less than savory work of administering a fallen human order; prophets don’t. Do we want to train lawyers who are "too good" for the normal workings of a secular state, who are so pure in their pursuit of justice that they’re perhaps impatient with the rule of (imperfect human) law?

Great point, and one with which I still struggle.  Two comments: first, I don't think the lawyer-prophet needs to be disconnected from the real world.  But I do think the lawyer-prophet needs to value her witness over the maintenance of power for power's sake.  That's one problem with mainstream evangelicalism's close association with the GOP (and with mainline Protestantism's close association with the Dems).  Second, while this is an important issue to explore, in practical terms, it's not a pressing one.  Perhaps I've been reading too much Hauerwas, but I'm inclined to doubt whether Christian lawyers will ever suffer from being always and everywhere adversarial with the powers that be.  Humans -- and lawyers especially -- are drawn to power like moths to flame.  Today prophets in the legal profession are few and far between.  One day an overabundance of separatist and subversive Christian lawyers might become a phenomenon that needs to be addressed, but we're nowhere near that point now.  In all likelihood, presenting our students with the prophetic model may heighten their skepticism (in a healthy way), but it won't trump human nature and marketplace dynamics.

A related criticism of the lawyer-as-prophet model, raised by one of my seminar students last year after reading Shaffer's essay, is that the biblical prophets were called individually and unmistakably by God to that role.  There is no professional class of prophets.  Is it possible to speak categorically of Christian lawyers and the substance of their calling?

What Can We Learn From Monica Goodling?

By invoking her Fifth Amendment privilege against self-incrimination in the wake of the US attorney firings, former DOJ official Monica Goodling has brought quite a bit of attention to her alma mater, Regent University Law School.  The New York Times, in reporting her recent resignation, deemed it newsworthy that Goodling attended a law school founded by Pat Robertson and a college (Messiah) which, The Times commented, describes itself as being "committed to an embracing evangelical spirit."  The Boston Globe has now profiled Regent, reporting that its graduates' employment prospects have flourished under the Bush administration and suggesting that the prospects have turned on ideology more than quality.  An excerpt:

As the dean of a lower-ranked law school that benefited from the Bush administration's hiring practices, Jeffrey Brauch of Regent made no apologies in a recent interview for training students to understand what the law is today, and also to understand how legal rules should be changed to better reflect "eternal principles of justice," from divorce laws to abortion rights.  "We anticipate that many of our graduates are going to go and be change agents in society," Brauch said.

For those of us trying to build Christian law schools, the challenge is to help form lawyers who will be agents of change in society yet still bear witness against the corrupting influence of individual and institutional power.  Putting aside questions about the substance of the "eternal principles of justice" that Regent grads might be pursuing, how do we seek to shape lawyers in order to have influence without becoming part of the problem?  I don't know Monica Goodling, but I have no doubt that she intended to do God's work when she joined DOJ.  The lasting impression she leaves to the wider world, though, is of having behaved unethically in service to a political power play.  It is more in keeping with Jerry Falwell's understanding of a Christian lawyer ("We'll be as far to the right as Harvard is to the left.") than Tom Shaffer's, who calls lawyers to look to the biblical prophets as models.  As Shaffer puts it, believers have

an odd political theology -- a political order called into being by God, which political order is subject to repeated (even perpetual) subversion, systematic subversion set up and perpetuated by God.  God's subversives are the Prophets -- disinherited from political legitimacy, protesting, pointing to a Lord who "decisively intrudes, even against seemingly impenetrable institutions and orderings." Put in place by God to make power uncomfortable, not just for tyrants but also for legitimate rulers, rulers the Lord put in place to begin with.

(15 St. Thom. L. Rev. 469)  In a marketplace where power and influence are the coveted commodities and prestige-driven rankings are king, how can an institution facilitate the formation of lawyers as prophets?

Tuesday, April 10, 2007

Should the Pope Be More Positive About Iraq?

Was Pope Benedict adopting an unduly Eurocentric and pessimistic view when he stated, in his Easter message, that "nothing positive comes from Iraq, torn apart by continual slaughter as the civil population flees?"  Michael Novak says yes, characterizing the Pope's remarks as "a low point."  The positive developments that Novak sees, it seems, are the fact that Shiite cities are now open for feast days, the fact that American troops allowed an anti-American protest to proceed on Sunday, and the fact that 200 newspapers and magazines are being published now that did not exist under Saddam.  I guess it's hard for Benedict to focus on the newspaper industry in light of the daily body count

Christianity as Covenant: Jewish Perspective(s)

In honor of Passover and Easter, San Diego law prof Maimon Schwarzschild comments on a recent book by Orthodox Jewish theologian Irving Greenberg suggesting that Jews should consider Christianity an authentic covenant.  He also links to an interesting review of the book by an intellectual journal of mainstream Orthodoxy.  An excerpt from the review:

The thrust of this book is . . . the existence of multiple (or at least two) covenants between God and humanity. At the very time when God called upon the Jewish people to undertake enhanced responsibility for the destiny of the world, He broadened the constituency of His covenantal love by sending a signal, or a group of signals, that launched Christianity. Greenberg’s argument for this position is multifaceted: God’s love is not limited to a single group; all human beings are created in His image; Maimonides pointed to a divinely guided eschatological purpose in the establishment of Christianity as a religion grounded in the Jewish scriptures; the inevitable moral, intellectual, and religious distortions that result from restricting election to a single group can be corrected by other groups with different emphases.

The first three of these points are fully valid, and there is considerable truth in the fourth as well. Since Maimonides regarded the establishment of any new religion as illegitimate and saw Christianity in particular as avoda zara, his assertion that it is part of a divine plan for spreading knowledge of Torah raises evident difficulties. But he did say this, so that there exists a precedent for maintaining that God wanted Christianity to develop (though probably not in the precise form that it has taken), and I see no principled objection to speculation that would broaden the range of divine motives beyond the one that Maimonides proposed. To apply the language of covenant, however, is not consonant with biblical teaching or Jewish tradition.

Monday, April 9, 2007

Martin Marty on "The Pope [i.e., Benedict XVI] and Reason"

Sightings  4/9/07

The Pope and Reason
-- Martin E. Marty

"Europe is the faith" and "the faith is Europe."  Hilaire Belloc, noted Catholic writer in the 1930s, looked out from England on the rest of Europe and uttered what was then still partly plausible.  Today "the faith's" memory remains overwhelmingly European.  The archives and libraries, cathedrals and chapels, pilgrimage sites and tourist attractions in Europe beckon more than do their counterparts in Latin America (which would come in second in numbers of Christians) or Asia or Africa.  Yet "memory" and "faith" are not exactly the same thing, and the empty cathedrals and the constant decline in church participation suggest that one must look elsewhere to find where and how "the faith" is prospering.

Onto this scene came Pope Benedict XVI, whose moves Jane Kramer, European correspondent for the New Yorker, has been observing, as in her much-discussed account "The Pope and Islam" (see References, below).  Kramer herself is, by assignment and instinct, "Eurocentric," but she is aware that other worlds and cultures and church cultures exist "out there."  Latin America, Africa, and Asia are precisely where the Catholic Church and other forms of Christianity, notably Pentecostalism, are surging, but they necessarily receive little mention in her piece.  At best, the pope looks beyond Western Europe to Eastern Europe, since his heart burns and he yearns for better relations with Orthodoxy.  Protestantism, in Kramer's account and Benedict's actions, does not seem to count for as much.

The proverbial elephant in the room for the pope is Islam, with which he has said he would like to engage in dialogue.  As Kramer tells it, he frustrates, and is frustrated by, Muslims, since those leaders with whom he would deal and the papacy with which they must deal are both closed systems, sure that they have an absolute hold on absolute truth.  This means that they have little to learn from each other, and turn more militant in order to hold loyalties.

One point on which Kramer focuses and which preoccupies others is the pope's basic approach to faith: He sees it grounded in reason of a particular sort.  Those (of us) who do not like to see faith dismissed as non-rational or even anti-reason can welcome that accent.  As Benedict's published speeches and the quotes in Kramer's article show, however, his "reason" derives from Greek philosophy fused with Western Catholic concerns, which he has mastered.  The pope's main concerns are to counter Europe's post-Catholic secularism and to help produce a trimmer, more assertive Catholicism that is sure of its identity.

One who is sympathetic with the pope's plight, given that agenda, might well question -- as Kramer does -- whether his definition of "reason" is itself so colored by the European experience that it must look almost philosophically sectarian to non-Christians, non-Catholics, and non-European-sectored Catholics.  What he means by reason is not what many "post-Vatican II" Catholics, as Kramer sees them, regard as inclusive.

Yes, the pope is Catholic, as the old saying goes, but "Catholic" implies "embracing the whole."  The pope frustrates those who contend that "the whole" does not derive only from Plato and Aristotle or Thomas Aquinas, super-magisterial though they may be.

References:
Jane Kramer's article "The Pope and Islam" appears in the April 2, 2007, issue of the New Yorker, and can be read at: http://www.newyorker.com/reporting/2007/04/02/070402fa_fact_kramer.

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