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.

Tuesday, September 12, 2006

Reminder about Ave Maria conference on John Paul the Great

After reading Patrick Brennan's recent post about the upcoming Scarpa conference at Villanova, I started thinking--what a great conference, but why do these conferences fall when the baseball pennant races are swinging into high gear, when important college football games (ND-Michigan) are being played, and when many of us are trying to figure out the offsides rule while watching youth soccer games. I then realized that I won't be attending to any of these important matters this weekend either because there is another important conference that will be occupying the time of contributors and friends to MOJ.

On Septemeber 15-16, 2006, Ave Maria School of Law will be hosting a conference on "Pope John Paul II and the Law." This conference is being supported by a generous grant from Our Sunday Visitor Institute. Information about the conference is available here.

Here is the list of speakers, in order of appearance--Kevin Lee, Gerry Bradley, Howard Bromberg, Father Kevin Flannery S. J., Ed Peters, Jane Adolphe, Father Robert Araujo S. J., Jason Eyster, and Richard Myers. I hate to single out any particular speaker but I think the highlights will be Ed Peters's talk on canon law (a much-neglected topic) and the different perspectives on capital punishment that will be offered by Father Flannery (from the Gregorian who this year is the Remick Fellow at Notre Dame's Center for Ethics and Culture) and my colleague Howard Bromberg.

The papers from the conference will be published by the Ave Maria Law Review in the spring of 2007

Richard M.         

The Voices of 9/11

If you haven't read Peggy Noonan's column today, you should.

Rob

Monday, September 11, 2006

Solidarity Economics

The current issue of Dollars & Sense has a profile of "solidarity economics."

Rob

Baumann on Linker

Commonweal's Paul Baumann has this review of Damon Linker's "Theocons" book, in the Washington Monthly.  Here is a bit:

Named by Time in 2005 as one of the nation’s 25 most influential evangelical leaders, a thinker who has the ear of President George W. Bush on moral and cultural issues, Father Richard John Neuhaus remains little known in secular liberal circles. According to his former protégé, Damon Linker, that’s a serious problem. In The Theocons: Secular America Under Siege, Linker portrays Neuhaus (a Lutheran pastor who converted to Catholicism in 1990) as the charismatic leader of an extremist movement bent on saving the nation from its headlong descent into decadent relativism by remoralizing politics and returning America to its Christian—perhaps even its unsuspected Catholic—roots. 

That’s exaggerated and alarmist, like much else in this tendentious book; yet Linker gets the basic political outlines right. If you are perplexed about why George Bush and so many other Republicans can’t stop extolling “Almighty God” in public, you need to inform yourself about Neuhaus and his decades-long campaign to put religion back into the center of American politics.

In his influential 1984 book, The Naked Public Square—Linker calls it the theocon “manifesto”—Neuhaus argued that the American “experiment in ordered liberty” is premised on religious assumptions about the freedom and dignity of the human person. In his view, freedom of religion is the first freedom, and the effort by liberal elites to strip the public square of religious language and advocacy is an assault on every American’s freedom of conscience. According to Neuhaus, government, because it must inevitably order aspects of our common life that touch on our ultimate moral concerns, cannot turn a deaf ear to the religious aspirations of the governed. Nor, he argues, can the fundamental values of democracy be sustained outside of a larger religious context. . . .

. . . Linker is right about Neuhaus’s political ambitiousness, but his movement is hardly the ideological colossus this book would have us believe. . . .  Nor is it plausible that the theocons’ ultimate goal is the destruction of the nation’s democratic political order. Linker sees inordinate peril in Neuhaus’s insistence that democracy be grounded in metaphysical, and ultimately religious, claims about the transcendent nature of the human person. The “liberal bargain” Linker extols, on the other hand, explicitly rejects the need for democratic societies to come to any comprehensive agreement about first principles. In the liberal bargain, we can disagree about the ultimate good, about “first things,” and still order our political life in a fair and peaceful way.

The theocons reject this conception of liberalism, insisting that only a political order based on absolute moral “truth” can protect human dignity and freedom. Such an insistence appears hard to square with our society’s inability to agree on the moral truth about such issues as abortion or same-sex marriage. Emphasizing such shortcomings, Linker is too quick to dismiss the appeal of the theocon position. (Neuhaus would argue, for example, that the law’s failure to protect unborn life is a far greater threat to democratic values than his protests against Roe v. Wade.) In a time when science presents excruciating dilemmas about when human life begins or ends—and about who should make such determinations—it is not just conservatives who balk at the idea that individual autonomy trumps all other moral values. Nor can Linker’s strictly secular “liberal bargain” account for the role religious convictions have played, for example, in the triumph of democracy in Poland’s Solidarity movement or America’s own abolitionist and civil-rights struggles.

There's more.  Check it out.

What "Realism" Means and Does Not Mean

Regular blog readers will know that I think Reinhold Niebuhr's Christian realism is quite helpful for our times, including, in certain important ways, for Catholic social thought.  In The New Republic, Leon Wieseltier seeks to channel Niebuhr for today's war and terrorism challenges.  He is "confident that Niebuhr would have opposed the war in Iraq," but wants to pinpoint the right ground for opposition and dismiss the wrong ones:

Niebuhr's opposition to the war would have been based, I think, on his principled distaste for Bush's style of nationalism, which he would have regarded as auto-idolatry, and on his insistence that the legitimacy of such an enterprise must be conferred by international institutions. It may be Niebuhr's teachings about the love of country that hold the most stinging rebuke to Bush's jingoism. "We are the most powerful nation on earth," he observed, in a typical passage, in Christianity and Society in 1950. "We are also sufficiently virtuous to be tempted to the assumption that our power is the fruit of our virtue." The president surrendered to that temptation long ago. He is contentedly blind to what Niebuhr, in another essay, called "the immoral elements in all historical success."

I'm pretty certain we could find numerous occasions (though I haven't gotten the cites, I confess) in which the President or other war supporters have effectively asserted that we as a nation are or will be successful because we're "fundamentally good."  The relation between such sentiments and the huge missteps in Iraq is pretty direct: we knew better than other nations whether Saddam was an immediate danger, we knew better than others how to build a successful postwar Iraq, and anyway it would be relatively easy to rebuild because the Iraqis would react positively to our obvious commitment to democracy.  (Peter Beinart's The Good Fight (see here) has a remarkable reference to American policymakers in 2003 worrying that they couldn't bring in the UN to work on reconstruction because Iraqis would fear the economic self-interested motives of nations like France as opposed to America's moral purposes.)

But Wieseltier also knows the other side of the Niebuhrian coin.  There are two other, misguided, forms of opposition to rthe war.  One is what Wieseltier calls "unethical realism": the idea that moral principles play no role in a nation's decisions, which amounts to pure cynicism and just as easily leads to terrible acts.  The other misguided ground is the the position of some war critics that "we have no right to make Iraq a better place until we make America a better place."  This is, Wieseltier says, both an un-Niebuhrian and

an erroneous view of the relation between domestic policy and foreign policy. The one does not, or should not, shape the other. A state that treats its citizens justly sometimes behaves abominably beyond its borders, and a state that treats its citizens unjustly sometimes is a force for good abroad. When we fought Hitler, we were a Jim Crow country. Colonialism was to a large extent the odious project of liberal states. If Bush's foreign policy is scandalous, it cannot be because his environmental policy is scandalous. . . .  The new Niebuhrians should be wary of their own wholeness, and of the satisfaction that comes from the belief that everything is connected to everything else. . . .  The exercise of American power, when it is right, cannot wait upon the attainment of American perfection. America will have to use force against its enemies even if many millions of Americans are without health care.

This seems right but needs a qualification.  The "new Niebuhrians" reference appears to be a jab at Beinart, whose book makes the Niebuhrian critique of the war and unilateralism.  Although Wieseltier is correct that in a sinful world a nation's imperfection does not deprive it of the right to act against a greater evil, I think that Beinart''s point is that prudence (if nothing else) dictates that America engage in some self-criticism and address its own problems if it wants to convince others of its moral standing.  Although we had Jim Crow when we beat Hitler, Mary Dudziak's scholarship (e.g. here) has conversely shown the Cold War importance of Brown v. Board and desegregation in countering the Communist charges of American hypocrisy and winning the "battle for the minds" of disadvantaged nations.  There needs to be a balance between confidence and self-criticism, but we've seen almost none of the latter from the Bush administration.

Tom 

Scarpa Conference: Come Visit Villanova, PA

A reminder that this Friday, September 15,  Villanova Law will host the first annual Scarpa Conference in Catholic Legal Studies.  This year's topic is "From John Paul II to Benedict XVI: Continuing the Re-Evangelization of Law, Politics, and Culture," and the keynote address will be delivered by someone uniquely qualified to address this topic with the breadth and depth it deserves, Avery Cardinal Dulles, S.J.  The title of Cardinal Dulles's paper is "The Church's Indirect Mission to the Sociopolitical Order."

The three other papers will be uninterrupted MOJ:  Professor Rick Garnett, "Salt and Springtime: Pope Benedict XVI and the Freedom of the Church;" Professor Amy Uelmen, "Reconciling Evangelization and Dialogue Through Love of Neighbor in Law, Politics, and Culture;" and Patrick McKinley Brennan, "The Decreasing Ontological Density of the State in Catholic Social Doctrine."  Commenting on the papers will be Villanova Dean Mark Sargent, Villanova Law professors Michael Moreland and Robert Miller, and CUA law professor William Wagner.

For details about attending, see http://www.law.villanova.edu/calendars/showevents.asp?date=9/15/2006  Those of us doing Catholic legal theory here at Villanova look forward to welcoming lots of friends and to meeting new folks interested in our common questions. 

The four principal papers will be published in the Villanova Law Review this spring.

   

Congregational America

Baylor's Religion Study has been released, providing a snapshot of Americans' religious beliefs.  The researchers state:

Past survey research has tended to consistently depict Americans as a highly religious people, while some of these same surveys have shown that the percentage of Americans indicating no particular religious affiliation has doubled over the last two decades.  Our survey reconciles any apparent contradiction. It turns out that Americans remain connected to congregations to an extent far greater than they associate with denominations or other religious labels. Also, a fair number of those who claimed 'no religion' in our sample were actually active, engaged affiliates of evangelical congregations who were 'screened out' by previous surveys that concentrated on denominational affiliation.

Rob

We Were There

Here is a new publication of the USCCB, "We Were There:  Catholic Priests and How They Responded, in Their Own Words."  And here is a prayer from the Bishops' web site:

Five years have passed, O Lord,
five years of mourning and of tears,
of struggling to make sense and to go on.
Five years since crashing planes, collapsing building,
rivers of smoke and ash and fear brought death and fear.

Give us the courage to hope again, Father.
To pray even for our enemies, and for ourselves.
Give us the grace to be freed from hate
and unbound from the paralysis of fear.
Give us the freedom of the children of God:

Awaken in our hearts a firm resolve
“to reject the ways of violence,
to combat everything that sows hatred and division
within the human family,
and to work for the dawn of a new era
of solidarity, justice and peace.”i

We ask this through the Prince of Peace,
our Way, our Truth, and our Life,
Christ the Lord. Amen.

Sunday, September 10, 2006

New study regarding faculty and Catholic identity

A new study published in the Journal for the Scientific Study of Religion looks interesting:

Journal for the Scientific Study of Religion
Volume 43 Page 83  - March 2004
doi:10.1111/j.1468-5906.2004.00219.x   
Volume 43 Issue 1      
      
      
The Difference Catholic Makes: Catholic Faculty and Catholic Identity 
D. Paul Sullins

This study examines, for the case of Catholics, the thesis that a "critical mass" of devoted faculty members­50 percent or more, according to the papal document Ex Corde Ecclesia­serves to promote or preserve the religious character of religiously affiliated institutions of higher education. Factor analysis and structural equations are employed to analyze a random sample of faculty members (n= 1,290) and institutional profiles (n= 100) of American Catholic colleges and universities. Catholic faculty show higher support for Catholic identity in latent structures of aspiration for improved Catholic distinctiveness, a desire for more theology or philosophy courses, and longer institutional tenure. Institutions having a majority of Catholic faculty exhibit four properties consistent with stronger Catholic identity: a policy of preferential hiring for Catholics ("hiring for mission"), a higher proportion of Catholic students, higher faculty aspiration for Catholic identity, and longer faculty tenure in the institution. These latter two characteristics are not due simply to aggregation, but are stronger, on average, for Catholic faculty when they are in the majority. Preferential hiring marks Catholic identity, but is ineffective to increase the proportion of Catholic faculty. I conclude that the prediction of the critical mass thesis is correct.   

Thanks to MOJ-alum Paolo Carozza for the tip.

Secular "scorecards"

The Secular Coalition for America has released its congressional scorecards for the 109th Congress.  Particular for Senators, it seems to me that the scorecards are quite misleading, as they are based on 10 Senate votes, eight of which involved a few selected -- cherry-picked, perhaps -- judicial nominations on which the Democrats stayed together as a caucus.  (So, the Alito vote counts for the "secular" score, but the Roberts vote does not).  This means that some of the more moderate Democrats in the Senate wound up with inflated "secular" scores, while some fairly liberal Republicans would up with deflated ones.  The votes that counted for members of the House are more varied and so, perhaps, more interesting.