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.

Wednesday, August 23, 2006

Hibbs on the state of universities

Thomas Hibbs is a Catholic, a philosopher, and the dean of Baylor University's Honors College.  Here is a provocative opinion piece by him, about the state of our universities.  A taste:

In his classic statement The Idea of the University, John Henry Newman argues that liberal education can be justified only if "knowledge is capable of being its own end." Although Newman defended professional training, he argued forcefully that universities ought to develop in students a philosophical habit of mind, a habit of wonder and an ability to trace the relationships among different parts of knowledge. One of the reasons for the inclusion of all branches of knowledge in the university curriculum is that even though students "cannot pursue every subject, they will still gain from living among those who represent the whole circle."

There are manifold obstacles to realizing Newman's idea in today's university. Given the increasing emphasis on specialization in faculty research, few if any faculty can be said even to approximate representing the "whole circle." And of course students do not "live among" the faculty anyhow. The shared libertarianism of faculty and students results in a diminishing number of contact hours between students and faculty, and even between faculty, who rarely know colleagues outside their departments.

Specialization breeds an inevitable individualism and elevates narrow expertise over breadth of learning. Clearly a university cannot do without rigorous, specialized knowledge in its faculty. The challenge Mr. Lewis and others pose is whether universities can create incentives to balance focus with breadth.

This would entail another sense of liberalism. Such a liberality or generosity of spirit would revive a proper appreciation of amateurism – not in the sense of an absence of serious training but in the etymological meaning of the word "amateur," from the French for "lover."

A thought:  It is a mistake to ask and fret about whether a university can remain, or become, "great" if it insists on remaining, or becoming, "Catholic."  The real question is, can a university be great -- really -- if it is not -- really -- "Catholic"?

A gentrifier's lament

Here at MOJ, we have often discussed and written about urbanism, land use, and community.  Here, courtesy of the inimitable The Onion, is a cri du couer from a dedicated new urbanist about the obstacles he faces in his efforts to improve our cities:

When I moved into this neighborhood, I fell in love right away. Not with the actual neighborhood, but with its potential: It's affordable, there are nice row houses all around just waiting to be filled up by my friends, there's lot of open space to be exploited, and plenty of parking. Plus, this area has got a great authentic feel and, with a little work, it could be even more authentic. Perfect, right?

So why am I the only one doing anything about it?

I am always telling my other struggling artist, freelance graphic designer, and independent T-shirt-maker friends that this is the neighborhood to take it to. It's the next big thing. Sure, it's an hour from my day job and right next to a stinky canal and a power station, but that's the whole charm—it keeps the yuppies out.

It's frustrating, though. My friends insist they're happy where they are. But if they only saw the idealized neighborhood I see, where that rundown old health clinic is turned into a tattoo parlor, and that Last Supper mural is replaced with one featuring Radiohead or a stylized corporate octopus, they'd come around.

The problem is that the property owners here are clueless. They fill their yards with pavement and statues of the Virgin Mary, when all they have to do is clear that brush and we'd have a great beer garden or bocce court. They're spending all this money to renovate the old church, when it'd be put to better use split it up into condos. . . .

Back to the Estate Tax

[This is from Larry Solum's Legal Theory blog:]

August 23, 2006

Book Annoucement: Death by a Thousand Cuts by Graetz & Shapiro

Death by a Thousand Cuts:
The Fight over Taxing Inherited Wealth
Michael J. Graetz and Ian Shapiro

To read the entire book description or a sample chapter, please visit: http://pup.princeton.edu/titles/7919.html

This fast-paced book by Yale professors Michael Graetz and Ian Shapiro unravels the following mystery: How is it that the estate tax, which has been on the books continuously since 1916 and is paid by only the wealthiest two percent of Americans, was repealed in 2001 with broad bipartisan support? The mystery is all the more striking because the repeal was not done in the dead of night, like a congressional pay raise. It came at the end of a multiyear populist campaign launched by a few individuals, and was heralded by its supporters as a signal achievement for Americans who are committed to the work ethic and the American Dream.

"This is one of the most interesting books about politics, and power, and the way the world is going, that you are ever likely to read. What makes it so fascinating is that it is a mystery story. The mystery is this: how did the repeal of a tax that applies only to the richest 2 percent of American families become a cause so popular and so powerful that it steamrollered all the opposition placed in its way. . . . This is not simply a story about the United States. . . . [T]he moral of the tale is far wider than that. . . . Instead this is a tale about the power of narrative in politics, and the increasing ease with which individual stories can be made the be-all and end-all of political debate."--David Runciman, London Review of Books

Tuesday, August 22, 2006

Mary: seat of wisdom; mirror of justice

Today we, in the Catholic Church, celebrate the Queenship of Mary. I have been helping out a local pastor at his parish during my summer teaching in the US.

During the Octave of the Feast of the Assumption and today’s celebration, we have been reciting a Marian Litany at the Masses celebrated in this parish. During these recitations I have come to appreciate more the importance of Mary as a source of inspiration to Catholic intellectual thought. Two of the stanzas of the litany are “seat of wisdom” and “mirror of justice” (catchy name for a blog!). All of us, be we contributors or readers of MOJ, might pause for a few prayerful moments today to offer thanksgiving to her as a model of many virtues but, in particular, those of wisdom and justice.   

RJA sj

Welfare Reform's Tenth Anniversary

Today is the tenth anniversary of the Welfare Reform Act, passed by a bipartisan majority in Congress and signed by President Clinton, while opposed by a large coalition, including the Catholic bishops, who claimed that it violated principles of social justice.

Ron Haskins offered these observations (the full piece can be found here):

The left, led by senior Democrats in Congress, the editorial pages of many of the nation’s leading newspapers, the Catholic bishops, child advocates in Washington and the professoriate, had assaulted the bill in terms that are rare, even by today’s coarse standards. Democrats speaking on the floor of the House labeled the bill “harsh,” “cruel” and “mean-spirited.” They claimed that it “attacked,” “punished” and “lashed out at” children. Columnist Bob Herbert said the bill conducted a “jihad” against the poor, made “war on kids” and “deliberately inflict[ed] harm” on children and the poor. Sen. Frank Lautenberg said poor children would be reduced to “begging for money, begging for food, and . . . engaging in prostitution.”

Many Democrats and pundits shouted that the bill would throw a million children into poverty. Marion Wright Edelman of the Children's Defense Fund said that no one who believed in the Judeo-Christian tradition could support the bill. Even God, it seemed, opposed the evil Republican bill.

* * *

In the decade that has passed since the 1996 reforms, the welfare rolls have plummeted by nearly 60%, the first sustained decline since the program was enacted in 1935. Equally important, the employment of single mothers heading families reached the highest level ever. As a group, mothers heading families with incomes of less than about $21,000 per year increased their earnings every year between 1994 and 2000 while simultaneously receiving less money from welfare payments. In inflation-adjusted dollars, they were about 25% better off in 2000 than in 1994, despite the fall in their welfare income.

Over the same period, the child-poverty level enjoyed its most sustained decline since the early 1970s; and both black-child poverty and poverty among female-headed families reached their lowest level ever. Even after four years of increases following the recession of 2001, the child poverty level is still 20% lower than it was before the decline began. Similarly, measures of consumption and hunger show that the material conditions of low-income, female-headed families have improved. Although welfare reform was not without problems, none of the disasters predicted by the left materialized. Indeed, national surveys show that almost every measure of child well-being—except obesity—has improved since the mid-1990s.

Robert Samuelson makes similar observations (his full piece can be seen here):

President Bill Clinton signed the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, better known as “welfare reform,” on Aug. 22, 1996. A decade later, it stands as a rarity: a Washington success story. It did not succeed in the utopian sense of eliminating all poverty or family breakdown. It succeeded in a more practical way. It improved life modestly for millions of people and showed that government could orchestrate constructive change. There are small and large lessons in this. The small lessons involve poverty; the large lessons involve politics.

One little-known fact is that we have made gains against poverty in recent decades—and welfare reform deserves some credit. The poverty rate among blacks has fallen sharply, though it’s still discouragingly high. From 1968 to 1994, it barely budged, averaging 32.4 percent. By 2000 it was 22.5 percent. (The poverty rate is the share of people living below the government’s poverty line, about $19,500 for a family of four in 2004.) Similarly, there have been big drops in child poverty. Since 1989 the number of children in poverty has fallen 12 percent for non-Hispanic whites and 14 percent for blacks.

* * *

One lesson is that what people do for themselves often overshadows what government does for them. Since 1991, for example, the teen birthrate has dropped by a third. [Sisk: Note that this is not because teenage girls were forced into abortion with reductions in welfare, asabortion rates fell continuously during the same period.] The mothers least capable of supporting children have had fewer of them. Welfare reform didn't single-handedly cause this. But it reinforced a broader shift in the social climate -- one emphasizing personal responsibility over victimhood.

Of course, poverty endures. Some mothers are unemployable and are worse off without continuous welfare. Even those with low-paying jobs often depend heavily on other government benefits, mainly food stamps and Medicaid (health insurance). And one reason that poverty hasn’t decreased more is an unending inflow of poor immigrants. Unlike non-Hispanic whites and blacks, Hispanics are the only major ethnic or racial group with more children in poverty over the last 15 years. Since 1989 the increase is 58 percent.

So: we've made a stubborn problem a bit more manageable. It’s pragmatic progress, not a panacea. Why can’t we do the same for other pressing problems—energy, immigration, retirement spending (Social Security, Medicare)? Here, welfare reform’s political lessons apply.

Greg Sisk

Radio Interview

Of possible interest to some MOJ readers, I'm scheduled as a guest Dr. Albert Mohler's radio show this afternoon, at 5:19 EST, "for approximately 10 minutes", to discuss my recent Business Week essay, "Confessions of a Genetic Outlaw."  You can listen to the show live on-line.  Dr. Mohler blogged about my essay today.  Dr. Mohler is President of the Southern Baptist Theological Seminary.  He was labelled by Time.com as "the reigning intellectual of the evangelical movement in the U.S."

Lisa

Reducing Rape (through Porn)

Northwestern law prof Anthony D'Amato's new paper, "Porn Up, Rape Down," offers a thesis that we discussed on MoJ earlier this summer.  Here is the abstract:

The incidence of rape in the United States has declined 85% in the past 25 years while access to pornography has become freely available to teenagers and adults. The Nixon and Reagan Commissions tried to show that exposure to pornographic materials produced social violence. The reverse may be true: that pornography has reduced social violence.

He cites some statistics showing a strong correlation between internet access and a reduced incidence of rape, suggesting that perhaps "internet porn has thoroughly de-mystified sex." 

Rob

Will This Dent Bush's Pro-Life Halo?

This morning at his news conference, President Bush indicated his support for the over-the-counter sale of the Plan B morning-after pill.  The U.S. Conference of Catholic Bishops does not share this view.  (HT: Amy Welborn)  Perhaps the President is focused on his evangelical base?

Rob

Monday, August 21, 2006

Rights Talk

Wilfred McClay takes issue with the suggestion that there is a "party of death" at work in America, rather than a party "in love with . . . a shortsighted and impoverished vision of life: the dream of complete and unconstrained personal mastery, of the indomitable human will exercised on the inert and malleable stuff of nature by the heroically autonomous and unconditioned individual who is ever the master of his fate and captain of his soul, and whose own existence is, or deserves to be, infinitely extensible."  One obvious symptom of this mindset is, according to McClay, our reliance on rights talk, which "does not necessarily give rise to responsibility-talk. Sometimes it may have the opposite effect, in luring us into a false sense that we have fulfilled all righteousness merely by dutifully observing the rights of others."

Much less eloquently, I try to press a related point in this Christianity Today article, appearing as part of the magazine's coverage of the controversy over pharmacists' claimed rights of conscience.

Rob

Summer Book Report #1

As we gear up for another semester of loving the law, I want to commend to the wider world three very helpful books that I read this summer.  In the first, Who's Afraid of Post-Modernism?, James Smith, a philosophy prof at Calvin College, explains why Christians should not presume that postmodern thought is a threat to the faith.  By way of (woefully) cursory summary, he argues that:

Derrida's insight that there is "nothing outside the text" should push us to "recover two key emphases of the church: (a) the centrality of Scripture for mediating our understanding of the world as a whole and (b) the role of community in the interpretation of Scripture."

Lyotard's assertion that postmodernity is "incredulity toward metanarratives" is "ultimately a claim to be affirmed by the church, pushing us to recover (a) the narrative character of Christian faith, rather than understanding it as a collection of ideas, and (b) the confessional nature of our narrative and the way in which we find ourselvesin a world of competing narratives."

Foucault's claim that "power is knowledge" should "push us to realize . . . (a) the cultural power of formation and discipline, and hence (b) the necessity of the church to enact counterformation by counterdisciplines.  In other words, we need to think about discipline as a creational structure that needs proper direction.  Foucault has something to tell us about what it means to be a disciple."

Smith, writing as an evangelical, concludes that postmodern theology will be "much more hospitable to both dogmatic theology and the institutional church," and that the postmodern church "must be radically incarnational," affirming the incarnation's scandalous "particularlity with respect to both space and time."  This requires, in turn, "a healthy sense of being constituted by our traditions as we look forward to an eschatological hope in the future."

A fascinating read, due in part to the fact that the postmodern evangelical church, as prescribed by Smith, looks quite Catholic.

Rob