MOJ friend and alum John Breen was mentioned in the "While We're At It" section of the August/September issue of First Things for his article, Justice and Jesuit Legal Education: A Critique. Neuhaus writes: "If, as the Society of Jesus has formally resolved, justice is the 'priority of priorities' and understood as being constitutive of the gospel, the fourteen Jesuit law schools in this country have a grave problem. So says John M. Breen, who teaches law at Loyola University Chicago School of Law." Any thoughts on Breen's essay, especially from those who teach at or attended a Jesuit law school?
Monday, July 24, 2006
While We're At It: John Breen on Jesuit Law Schools
Confessions of a Genetic Outlaw
My colleague (and new MoJ-er) Lisa Schiltz has an essay in Business Week on the new technology for screening embryos. Here is the opening:
From time to time, we are all confronted with the disconnect between how we see ourselves and how others see us. I've always seen myself as a responsible, law-abiding citizen. I recycle, I vote, I don't drive a Hummer. But I've come to realize that many in the scientific and medical community view me as grossly irresponsible. Indeed, in the words of Bob Edwards, the scientist who facilitated the birth of England's first test-tube baby, I am a "sinner." A recent book even branded me a "genetic outlaw." My transgression? I am one of the dwindling number of women who receive a prenatal diagnosis of Down syndrome and choose not to terminate our pregnancies.
Rob
Sunday, July 23, 2006
Paradox
Michael's post really got me thinking about something that's confused me since my first exposure to law and economics in my first year of law school. I'm sure Professor Bainbridge can provide the answer to this conundrum:
Why is it that, according to (many) legal economists, the sorts of things the poor think are good for them (e.g., labor laws, minimum wages, redistribution, etc.) are actually counterproductive and quite bad for them, but the sorts of things the rich think are good for them (e.g., estate tax cuts) are actually pretty much ok? Is it just that poor people are stupid or something?
I'm sure if I could just come to understand that whatever is good for the rich is good for everyone else, I'd be able to tap into a whole universe of truth and justice that continues to elude me.
IRS Job Cuts
Michael, you left out the key grafs:
But six I.R.S. estate tax lawyers whose jobs are likely to be eliminated said in interviews that the cuts were just the latest moves behind the scenes at the I.R.S. to shield people with political connections and complex tax-avoidance devices from thorough audits.
Sharyn Phillips, a veteran I.R.S. estate tax lawyer in Manhattan, called the cuts a “back-door way for the Bush administration to achieve what it cannot get from Congress, which is repeal of the estate tax.”
Now, if you were a cynic, like me, your first thought would be that this is a transparent handout to the rich, undertaken with nary a thought for questions of distributive justice. But on further reflection, you'd realize that it's really a very clever plot to help the weakest and most vulnerable among us. After all, with all the money these folks save on estate taxes, their heirs are surely going to go hire a few more servants, thereby creating job growth that helps everyone. And what would the feeble minded children of the rich, like Paris Hilton, do if they had to pay those awful estate taxes and possibly even fend for themselves against those vulgar middle class people in the rough and tumble job market? So you see, this is a very charitable application of prudential judgment that is perfectly consistent with the economic tenets of Catholic Social Thought.
The Bush Administration and Catholic Social Thought
We partisans of Catholic Social Thought can surely agree that the Bush Administration has gotten *this* one right. In fact, I'd go so far as to say that anyone who can't agree that the Bush Administration has gotten this one right doesn't know what the hell Catholic Social Thought is all about. Read on. From today's New York Times:
The federal government is moving to eliminate the jobs of nearly half of the lawyers at the Internal Revenue Service who audit tax returns of some of the wealthiest Americans, specifically those who are subject to gift and estate taxes when they transfer parts of their fortunes to their children and others.
The administration plans to cut the jobs of 157 of the agency’s 345 estate tax lawyers, plus 17 support personnel, in less than 70 days. Kevin Brown, an I.R.S. deputy commissioner, confirmed the cuts after The New York Times was given internal documents by people inside the I.R.S. who oppose them.
The Bush administration has passed measures that reduce the number of Americans who are subject to the estate tax — which opponents refer to as the “death tax” — but has failed in its efforts to eliminate the tax entirely. Mr. Brown said in a telephone interview Friday that he had ordered the staff cuts because far fewer people were obliged to pay estate taxes under President Bush’s legislation.
But six I.R.S. estate tax lawyers whose jobs are likely to be eliminated said in interviews that the cuts were just the latest moves behind the scenes at the I.R.S. to shield people with political connections and complex tax-avoidance devices from thorough audits.
[To read the whole inspiring piece, click here.]
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Saturday, July 22, 2006
Why the media distortion?
I am puzzled as to why the media, and the NY TIMES in particular, constantly attributes the inclusion of embryos and fetuses in the demands of justice to some religious revelation. After all, the NY TIMES does not attribute a special religious view to those who, say, strongly favor animal rights, even though it disagrees with them.
It seems to me clear that the inclusion of the unborn in humanity comes not from religion but from the ontological/psychological/deep cultural conceptual impossibility of dividing a self-developing organism up into a new entity or species at a new stage of development. (The inclusion of animals among the subjects of rights, on the other hand, is NOT entailed by our ordinary concepts of reality and requires a great, though still non-religious, conceptual adjustment, I think.) Of course, religion can and does provide a strong motive force for seeking justice once our minds have grasped the subjects of justice.
Noncombatants in the War on Terror
I suppose I shouldn't be shocked by stuff like this any more. Alan Dershowitz argues in the LA Times today that noncombatants are not all created equal. His principal point?
There is a vast difference — both moral and legal — between a 2-year-old who is killed by an enemy rocket and a 30-year-old civilian who has allowed his house to be used to store Katyusha rockets. Both are technically civilians, but the former is far more innocent than the latter. There is also a difference between a civilian who merely favors or even votes for a terrorist group and one who provides financial or other material support for terrorism.
One of the stranger things about his argument is that he seems to think the ambiguities towards which is pointing are anything new or peculiarly modern. I'm so tired of the arguments that the war on terror changes everything the just war tradition has ever taught about the just causes for war, and the just means of executing a war. I'm curious, though, precisely how certain of the more controversial Israeli tactics in Lebanon, e.g., the bombing of civilian infractructure and densely populated neighborhoods in Beruit, are designed to distinguish even the radically reduced group of worthy civilians who, even on Dershowitz's view, cannot properly be called accomplices to terror? Ahh, this must be it:
The Israeli army has given well-publicized notice to civilians to leave those areas of southern Lebanon that have been turned into war zones. Those who voluntarily remain behind have become complicit. Some — those who cannot leave on their own — should be counted among the innocent victims.
This has to be the most egregious line in an egregious piece. Just to be clear, if a foreign state bent on military reprisal against a terrorist group tells you to leave your home, and you fail to do so, you are complicit in terrorism and, therefore, on Dershowitz's logic, you are fair game for indiscriminate attack. (Hat tip to Kevin Drum.)
On a different note, there's a nice little clip over at the Daily Show (I wouldn't call it funny), highlighting some of the, how should I put this, tensions surrounding the president's somewhat selective enthusiasm for the sanctity of human life. (To see the clip, you have to click on the video entitled "Stem Cell Veto.")
Friday, July 21, 2006
Embryonic Stem Cell Research and the Power of the Media
I am sure that I share the views of most people that most scientific research that is directed toward the benefit of all humanity is a good thing. Having been responsible in the past for advancing the Church’s view on the role of scientific research for the benefit of the human family, I know that the Church is of this view.
But I grown increasingly concerned about how some components of the media, with powerful influence on the public mind, can influence many thoughtful and moral members of the public in another direction.
I am grateful to several contributors of MOJ who have addressed the recent developments in Congress directed toward opening more avenues of embryonic stem cell research for the advancement of medical science. Advancing medical science is a good thing, unless it results in the destruction of human life. And that is precisely what embryonic stem cell research does if the stem cells are human. It does not matter if the source is from natural fertilization, in vitro fertilization, or cloning—the product is the same: a new human life. It is not because the Church says so, it is because objective medical science, upon which the Church relies, says so. Put candidly, one influential media organ that will soon be quoted believes otherwise and asserts that such views are simply those of “religious conservatives.” Perhaps its editorial staff would profit from sitting in on some first year medical school courses or reading the assigned textbooks for a full understanding that the perspectives it dismisses as those of “religious conservatives” are, in fact, the views of mainstream medical science.
The media can and does have a powerful influence in the outcome of this ongoing debate. In fact, influential media organs have had a disproportional influence on the public understanding about the debate on using human embryos (regardless of their origin: natural fertilization; in vitro fertilization; cloning) to extract stem cells for research purposes. But the fact of the matter is that this procedure always ends in the destruction of nascent human life. As this public debate continues, it is vital—for us and our salvation as well as the salvation of new members of the human life—to acknowledge the undue influence of the media in directing the course of this important debate.
For example, on November 15, 2004, the New York Times had an editorial entitled “End Run Toward a U.N. Cloning Ban”, commenting on the ongoing work of the Legal Affairs Committee at the UN in which this paper commented on the pressing need for medical research that would “harvest” stem cells from cloned human embryos. As the editorial stated:
Virtually all member countries of the U.N. oppose cloning a human embryo and then implanting it in a womb to make a baby. Such “reproductive cloning” is extremely risky, and many countries have strong moral objections as well. But when it comes to cloning an embryo to extract stem cells in the laboratory for research or potential therapies, the international community is as badly split as the American electorate.
The United States Vatican Costa Rica Britain Japan
Meanwhile, the Muslim countries have urged further postponement of a decision because the issue is too divisive. Although this page, consistent with its support of therapeutic cloning in this country, has previously endorsed the Belgian approach, we have come to think the Muslim nations have the right idea. There is no need for the United Nations to meddle in an ideologically driven issue on which consensus is impossible.
A few months later, the New York Times had another editorial on the topic of embryonic stem cell research. On May 26, 2005, in its editorial entitled “The President’s Stem Cell Theology, the Times asserted:
President Bush seems determined to thwart any loosening of the restrictions he has imposed on federal financing of embryonic stem cell research, despite rising sentiment in Congress and the nation at large for greater federal support of this fast-emerging field. His actions are based on strong religious beliefs on the part of some conservative Christians, and presumably the president himself. Such convictions deserve respect, but it is wrong to impose them on this pluralistic nation.
Mr. Bush threatened this week to veto a modest research-expansion bill that was approved by the House and is likely to be passed by the Senate. The reason, he said, is that the measure would “take us across a critical ethical line” by encouraging the destruction of embryos from which the stem cells are extracted. Never mind that this particular ethical line looms large only for a narrow segment of the population. It is not deemed all that critical by most Americans or by most religious perspectives. Rather, the president’s intransigence provided powerful proof of the dangers of letting one group’s religious views dictate national policy.
The president’s policy is based on the belief that all embryos, even the days-old, microscopic form used to derive stem cells in a laboratory dish, should be treated as emerging human life and protected from harm. This seems an extreme way to view tiny laboratory entities that are no larger than the period at the end of this sentence and are routinely flushed from the body by Mother Nature when created naturally.
These blastocysts, as they are called, bear none of the attributes we associate with humanity and, sitting outside the womb [Araujo here: except for the small fact that everyone of us reading this contribution was a blastocyst in his or her early life], have no chance of developing into babies [Araujo here again: well, I believe that I was a baby—perhaps you were, too]. Some people consider them clumps of cells no different than other biological research materials. Others would grant them special respect but still make them available for worthy research. But Mr. Bush is imposing his different moral code on both, thereby slowing research that most consider potentially beneficial.
The president drew his line in the sand back in 2001 when he decreed that federal funds could be used only for research on stem cell lines that already existed. His rationale was that the embryos that yielded those lines had already been destroyed but he did not want to encourage any more destruction, even if the embryos came from fertility clinics’ surplus stocks that were ultimately to be discarded. Unfortunately, only about 20 lines have become available under his policy, and most suffer from technical and contamination problems that make them unsuitable for certain kinds of research. Scientists want access to more surplus embryos and the ability to create embryos from scratch in the laboratory, ideally with federal financing.
The bill just passed by the House would ease the problem by allowing federal money to support research on a much wider array of stem cells derived from embryos that would otherwise be discarded. Although that seems an extremely modest step, Mr. Bush countered with a stagy show in which he was surrounded by babies and toddlers born of test-tube embryos that were implanted in women eager to have children. “There is no such thing as a spare embryo,” he said, noting that a Christian program for embryo adoption has already led to 81 births, with more on the way.
The implication was that surplus embryos should be used to produce children, not stem cells, but it seems unlikely that such programs, which have to rely on people who are willing to allow others to give birth to and raise their genetic offspring, can make much of a dent in the stock of 400,000 surplus embryos at fertility clinics. There will be thousands of embryos available for research should Congress find the will to pay for it.
Unfortunately, none of this week’s heated debate focused on the most promising area of stem cell research, research cloning or therapeutic cloning. Mr. Bush is adamantly opposed to such research, which involves creating microscopic embryos to derive stem cells that genetically match a diseased patient, thus facilitating research on particular diseases and ultimately potential cures. There, too, he seeks to impose his morality on a society with pluralistic views.
Most recently, on July 18, 2006 in another editorial entitled “Standing Up for Stem Cell Research”, the Times asserted:
The Senate is poised to vote today on a bill that would greatly expand the number of embryonic stem cell lines that can be used in federally financed medical research. This is actually an extremely modest proposal that would allow the new stem cell lines to be derived only from surplus embryos otherwise slated for destruction at fertility clinics. Passage of this bill, which has already been approved by the House, is the very least the Senate should do to spur advancement of one of the most promising fields of biomedical research. A two-thirds majority of each house will be needed to overcome a likely veto from President Bush.
Under current administration policy, scientists can use federal money for research only on some 22 stem cell lines that already existed when President Bush announced his policy in August 2001. Those lines were extracted from microscopic embryos, no bigger than the period at the end of this sentence, that were inevitably destroyed in the process. Mr. Bush was willing to accept that fait accompli in the interest of advancing science but said he did not want to encourage any further destruction of embryos by financing research on additional lines.
That stance has increasingly hobbled embryonic stem cell research because many of the existing lines are deteriorating, contaminated or suffer from technical problems that limit their usefulness. The new proposal would make thousands of surplus embryos from fertility clinics available for federally funded research, a change that would be welcomed by most Americans but is opposed by a minority of religious conservatives.
Our concern with the bill is how limited its reach would be. It would not allow federal financing of the most promising field of research, known as therapeutic or research cloning. Therapeutic cloning involves the creation of embryos genetically matched to patients with specific diseases so that scientists can extract their stem cells and then study how the diseases develop and how best to treat them. The microscopic entities used in these studies may be called embryos but they have none of the attributes of humanity and, sitting outside the womb, no chance of developing into babies. It is no more immoral to create and destroy embryos for therapeutic purposes than to create and destroy surplus embryos for fertility purposes.
But for now the best hope lies with passage of the bill merely allowing use of surplus fertility clinic embryos. If it passes in the Senate, it seems almost certain to draw a veto from Mr. Bush, his first in six years in office. Then it will be up to the House and the Senate to summon the will to override the veto. If they fail to push through this very limited change in federal policy, voters will need to hold all recalcitrant legislators accountable for slowing research that holds great medical potential.
In all of its well crafted and eloquent efforts, the Times chides opponents to its views as opponents of progress for the betterment of humanity. But, the paper fails to disclose at what cost. This newspaper’s stating that opposing views are those of individuals who hold either narrow religious views or are out of touch with the nature of the entity from which the stem cells are extracted is misplaced and wrong. What the Times refuses to acknowledge is that human life is not only at stake but that it is being sacrificed in the process that endorses and wants promoted. This is a most serious moral consideration that the New York Times has been and remains unwilling to concede. I believe that the kind of Catholic legal theory this site attempts to promote is one of objectivity based on truth that goes beyond the absolute control of the speaker. Moreover, it becomes the duty of such theory to identify the errors of those whose efforts, conscious or otherwise, can lead others into grievous moral error.
In the relatively recent past, previous members of our human family have had to deal with other monopolistic efforts to control the sources of public information in order to direct public consciousness and debate of the issues of the day. I use a remark of Josef Goebbels to illustrate this point but have added, in brackets, my own modest addition to extend the import of his remarks:
“If you tell a lie big enough and keep repeating it, people will eventually come to believe it. The lie can be maintained only for such time as the State [or whoever controls information] can shield the people from the political, economic and/or military consequences of the lie. It thus becomes vitally important for the State [or whoever controls information] to use all of its powers to repress dissent, for the truth is the mortal enemy of the lie, and thus by extension, the truth is the greatest enemy of the State.”
It is a source of personal sadness that such a great organ of information as the New York Times has concentrated its efforts over the past several years to conceal an essential truth of this debate: namely, that the entities that will be destroyed to generate the stem cells it claims are essential for the betterment of humanity will cost countless human lives in the process.
RJA sj
Funding Embryo Destruction vs. Abortion
Several prominent anti-abortion politicians, including Orrin Hatch and Bill Frist, joined the Senate majority in endorsing the public funding of embryonic stem cell research. To the casual observer it might appear that the arguments against abortion must be stronger than those against publicly funding the destruction of embryos. This conclusion, however, would be mistaken. The funding of destructive embryo research is actually worse than legal abortion. Some might disagree, arguing that the continuing identity of a developing being means that embryo research cannot be better or worse than abortion. The politicians are wrong to say it is not as bad as abortion, but it is also wrong to say that it is worse. “All stages of life are stages of the same being. Each of us was once a human embryo. Each of us is just a human embryo that has grown up. And we have been alive the whole time we have been growing and developing—that is, since fertilization. If one of us had been killed at any time before we were born, a human life would have been lost. So abortion and lethal research on embryos are equally bad.”
Others might argue that, if there is any difference, abortion is the worse of the two. For abortion involves not only killing but betrayal. In abortion, parents destroy an unborn child entrusted to them, who depends on them, a child whom they have a moral duty to nurture. By contrast, the scientist who dissects an embryo is not harming his own offspring. He wrongs life, but not necessarily the family. So how can one possibly contend that embryo research is worse?
Dehumanization
Let us take a closer look. Someone choosing abortion need not be completely set against life. She typically does not want abortion with all of her heart. Rather, she is filled with desperation and panic. She often has been, or fears she may be, abandoned or harmed by one or more persons whom she herself has trusted. Even if her fears are not so great that moral culpability is absent, she is not fully an enemy of her unborn child. She may profoundly regret what she feels compelled to do. If only the circumstances were better, if only she had enough support, she would let her child live.
The abortion provider, of course, is not under such duress. He is not pressured by circumstances to perform abortions. And yet, in a sense, he too is only contingently against new life. He performs abortions only because his clients ask him to do them. By contrast, for the sake of future cures, the scientist seeking funding for embryonic stem cell research is eager to destroy life—and convince the public to pay for it. His lethal aim is not even contingent in the sense that “if only there were another possible route to cures,” no embryo killing would occur. There is, in fact, a shorter route, via adult stem cells. Would-be embryo researchers demand to be carried by the public down the longer and more uncertain path.
Moreover, almost all abortions aim to preclude an “unwanted child.” Of course, this is profoundly contrary to the care owed by parents, as has been mentioned. But abortion paradoxically reaffirms the very parent-child bond that it betrays. The fetus is unwanted precisely as a child who must eventually be cared for by her parents. They fear and reject her because she is their own offspring. Because she is their child, they feel a duty to care for her if she lives. Therefore, so that they may escape this duty, she must die. Both a parental relationship and a parental obligation are acknowledged by the act of abortion. Therein lies its tragedy.
Embryonic stem cell research, by contrast, is wholly dehumanizing. When parents turn the living human embryos they have begotten over to science, they not only forget them as children but also turn them into commodities, donate them for eventual body parts. The embryos become wholly instrumental, they become resources to be calculated and consumed. They are degraded before they are destroyed. Like human embryos created by cloning, they do not die as unwanted children, or even as human beings, but as things to be used and used up. No greater negation of human dignity is possible.
The End of Choice
Lastly, tax-funded embryonic stem cell research is worse than legal abortion for our public community. Legalizing abortion is not quite the same as desiring abortion. It is logically possible, even if unjust, for a legislature to be both anti-abortion and pro-choice, just as people could once be anti-apartheid and yet defer to the sovereignty of South Africa.
By contrast, no one in favor of funding embryonic stem cell research can say “I’m not for killing embryos. I’m just pro-choice.” Such legislators want human embryos to be dissected. Stems cells must be extracted. In states like California and New Jersey, where embryonic stem cell extraction is funded by the public, the law can no longer be labeled even euphemistically “pro-choice.”
Even where abortion is publicly funded, the government does not insist on death. No officials are angry if funds previously allocated to subsidize abortion are left unused because women have freely chosen life. The abortion-related equivalent of embryonic stem cell funding would involve using taxes to pay women to abort their children, as part of scientific experiments aimed at distant and uncertain cures.
(This article may be reprinted if the following credit line is included: This article was originally published in Ethics & Medics, volume 39, no. 9 (September 2006). © The National Catholic Bioethics Center. All rights reserved. Reprinted by permission.)
Speaking of Punishment: Herein of Retribution
If you are interested in the subject of criminal punishment, here is a must-read for you: a review (from Notre Dame Philosophical Reviews) by Jeffrie G. Murphy (Arizona State, Law and Philosophy) of William Ian Miller, An Eye for an Eye (Cambridge 2006). Click here.
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