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, November 10, 2006

The Role of Religion in Health Law & Policy

This may be of interest to some MOJ-readers:

6 HOUSTON JOURNAL OF HEALTH LAW & POLICY, NO. 2, PP. 245-377, 2006. The Role of Religion in Health Law and Policy Symposium.  6 Hous. J. Health L. & Pol'y 245-377 (2006). [L][W]

Winslade, William J. and Ronald A. Carson. Foreword: The Role of Religion in Health Law and Policy. 6 Hous. J. Health L. & Pol'y 245-248 (2006). [L][W] Dolgin, Janet L. New terms for an old debate: embryos, dying, and the "culture wars". 6 Hous. J. Health L. & Pol'y 249-273 (2006). [L][W] Davis, Dena S.  The puzzle of IVF.  6 Hous. J. Health L. & Pol'y 275-297 (2006). [L][W] Griffin, Leslie C.  Conscience and emergency contraception.  6 Hous. J. Health L. & Pol'y 299-318 (2006). [L][W] Noah, Barbara A.  The role of religion in the Schiavo controversy.  6 Hous. J. Health L. & Pol'y 319-346 (2006). [L][W] Singer, Lawrence E.  Does mission matter.  6 Hous. J. Health L. & Pol'y 347-377 (2006). [L][W]

Minnesota Muslim Elected to U.S. Congress

This is worth reading.  (I read somewhere that Representative-elect Ellison converted to Islam from Catholicism.)  An excerpt:

But Muslims across America, and even overseas, celebrated his election Tuesday as the first Muslim in Congress, representing Minnesota’s Fifth District in the House of Representatives, as a sign of acceptance and a welcome antidote to their faith’s sinister image.

“It’s a step forward; it gives the Muslims a little bit of a sense of belonging,” said Osama A. Siblani, the publisher of The Arab American News, a weekly in Dearborn, Mich., a state with one of the heaviest concentrations of Muslims. “It is also a signal to the rest of the world that America has nothing against Muslims. If we did, he wouldn’t have been elected.”

Mr. Ellison’s success was front-page news in several of the Arab world’s largest newspapers and high in the lineup on television news programs.

Remove the wooden beam from your eye first (Mt 7:5)

In reading the Commonweal article by Cathy Kaveny posted by Michael Perry one might consider whether Kaveny is guilty of the very offenses of which she accuses others.  Consider, for example, her sarcastic and vitriolic attack on Robert George and Gerard Bradley for their careful critique of Mark Roche's New York Times op ed article claiming that pro-life Democrats should vote for John Kerry despite the fact---explicitly conceded by Roche---that abortion is an evil on a par with slavery.  (The pieces by Roche, George and Bradley, and Kaveny were all posted on or linked to MoJ.)  Kaveny even sank to the point of engaging in name-calling, branding pro-life scholars like George and Bradley as "Rambo Catholics."  Yet now she accuses others of "taking delight in demonizing the opposition."
Kaveny depicts those "theocons" whose steady focus on defending the lives of the unborn seems to annoy her so much as holding "a Manichean world view: it’s Good v. Evil, the forces of light v. the forces of darkness."  Who does Professor Kaveny have in mind?  Professor George and Bradley?  Fr. Richard John Neuhaus?  Pope John Paul the Great?  Who exactly is it who treats the battle over abortion as pitting "the forces of light" against "the forces of darkness"?  I've done a search, and found someone who fits the description precisely. 
Here is what he had to say:
Three years ago, in Webster v. Reproductive Health Services 492 U.S. 490 (1989), four Members of this Court appeared poised to "cas[t] into darkness the hopes and visions of every woman in this country" who had come to believe that the Constitution guaranteed her the right to reproductive choice. Id., at 557 (Blackmun, J., dissenting). All that remained between the promise of Roe and the darkness of the plurality was a single, flickering flame. Decisions since Webster gave little reason to hope that this flame would cast much light. See, e.g., Ohio v. Akron Center for Reproductive Health, 497 U.S. 502, 524 (1990) (Blackmun, J., dissenting). But now, just when so many expected the darkness to fall, the flame has grown bright . . . I fear [however] for the darkness as four Justices anxiously await the single vote necessary to extinguish the light.
Who was the "Manichean" who depicted the struggle over abortion in these terms?  It was Harry Blackmun, the author of Roe v. Wade, writing (and quoting himself) in the 1992 case of Planned Parenthood v. Casey.

"Libertas Ecclesiae . . .

. . .  If in any pair of words, then surely in this one are embraced the greatest and profoundest motifs of human community life.  For many centuries these words formed the headlines over the most exciting chapters of political history, stirred generation after generation before which this same problem was put and is put anew today.  The eras of political history are, indeed, distinguished according to their attempts, successes, and failures in finding their answers to this problem.  For, what matters here is not a couple of abstract concepts.  What matters here is not religion as a completely private affair of isolated individuals secluded from public life.  What matters here is the Una Sancta , Christ living in and through a history that counts its periods of years before and after His birth."

Heinrich A. Rommen, The State in Catholic Thought (1945).

Great election news from Virginia

No, not this newsThis news:  "Voters [in Virginia] easily passed two non-controversial ballot initiatives Tuesday, deleting a section of the state Constitution that prohibits the incorporation of churches[.]"

Linker on Benedict. Europe, Christianity, and Islam

I've been reading The New Republic for almost 25 years.  I guess I always figured it kept me honest, and kept me critical, reading the work of smart people whom I regard as reasonable but (on some things) wrong.  That said, I've long been disappointed by the fact that there is little that appears in the magazine about things Catholic that isn't snarling, smug, silly, or superficial.  This piece, by Damon "Theocons!" Linker, "Cross Purposes:  The Pope's Real Enemy," does nothing to unsettle this view.  Read it for yourself, and see what you think.

Mark Sargent's Thomas More speech

Here is a speech our own Mark Sargent gave, a few weeks ago, as he received the Saint Thomas More Award from the Saint Thomas More Society of Philadelphia.  The speech is a very thoughtful reflection on the thickly Catholic culture of the past, on the reasons for and effects of its dissolution, and the current state of things in the Church.  Congratulations, Mark, and well done.

A thoughtful--and, to me, compelling--comment on the election by J. Peter Nixon at dotCommonweal

"Put Not Your Trust in Princes"

A rather enormous amount of digital “ink” has been spilled over the last couple of days analyzing the election. I can’t imagine there is any discernable trend—Catholic or otherwise—that hasn’t been thoroughly analyzed by smarter people than me.

After the election I felt the same way that I felt after my gall bladder surgery: relieved that something unhealthy had been removed, but not exactly ready to jump for joy. I think I need a few days in bed with some Vicodin to recover.

By “unhealthy,” I don’t mean that the Republican Party itself is a font of contagion. But 12 years in power is a long time. The system of checks and balances had clearly broken down. Control of one branch of government corrupts and control of two branches corrupts absolutely. For all kinds of reasons, it was time for a change.

Will the Democrats be any better? For a time, it may be so. Certainly there are aspects of the common good that might be better served by a Democratic Congress. But there are also issues where Catholics and the mainstream of the party have often been at odds. Those of us inclined to be pleased at last Tuesday’s result have a special obligation not to mute our prophetic voice simply because our political allies now hold the reins of power.

Let me close with two final points. The first is we need to take a hard look at the way that politics is affecting how we relate to one another within the Church. There are practicing Catholics active in both of the major political parties, and that is a good thing. But there are dangers here too. One danger is that our partisan affiliation becomes more predictive of our stands on certain issues than the fact that we are members of the Body of Christ. The second danger—one well highlighted by Cathy below—is when we import into the Church the kind of bitter, partisan discourse that has become all too common in our political campaigns. Our bishops, in particular, need to provide leadership in these areas.

My last point is that we need to place politics in its proper place within the apostolic life to which we are called.  I believe deeply that Catholics are called to collaborate with all men and women of good will to achieve a more just and well-ordered society. But I don’t believe that the fundamental transformation of society to which Christians are called is something that is primarily accomplished through the coercive power of the state. Our primary focus must be Christian formation rather than political mobilization, trusting that well-formed Christians will have the virtues necessary to contribute effectively to the common good.

Having said these things, I hope you will join me praying for our elected officials.
_______________
mp

Thursday, November 9, 2006

The New Evangelicals

In Newsweek, former Bush speechwriter Michael Gerson lays out the agenda for the "new evangelicals" and the problems they pose for the GOP (not to mention the Dems).  You should read the whole thing, but here's a taste:

Republicans will find it increasingly difficult to appeal to the new evangelicals with tired symbols like school prayer or the posting of the Ten Commandments. And candidates like Senator McCain will need to be more creative in their outreach than an uncomfortable speech at the Liberty University commencement. These activists will expect serious proposals on an expanded moral agenda—as President Bush has delivered on human trafficking and global AIDS. And they will not respond to a crude libertarianism that elevates the severe pleasures of cutting food stamps or foreign aid over the pursuit of the common good.

Joe Knippenberg is encouraged, but skeptical, hoping that "Republicans and conservatives can find a way to converse with these folks, providing some of the soundly practical ballast that Democrats and liberals who can appeal to their decency and moral energy can’t necessarily provide." 

"Soundly practical ballast" is needed from the same party that has brought us trickle-down economics and a "mission accomplished" in Iraq?  As for me, I see the new evangelicals as just what we might need to make our Seamless Garment Party a reality.

Rob

Decreasing, Harmonizing

Not that they can nearly compete with Rumsfeld's exit, the election results, or "Culture of Life/Death vs. Deus caritas est," but I thought I'd at least mention that I have just posted two new papers.  "The Decreasing Ontological Density of the State in Catholic Social Doctrine," a sexy title if ever there were one, benefited from the incisive comments of fellow-MOJers Rob Vischer and Rick Garnett and Mark Sargent.  The other, "Harmonizing Plural Societies," engages some of Rick's and Rob's ideas as they bear on "school choice."  Comments will be gratefully received.