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, July 21, 2006

Solitary Confinement for Life?

Some of our sisters and brothers (more often, the latter) commit horrible crimes.  Yet, we believe that even they have inherent dignity and are inviolable.

Can it possibly be that a punishment of solitary confinement for life is consistent with the dignity/inviolability of any human being?   Or is it, instead, a form of torture?

If this question interests you, you may want to read this report, in today's New York Times.
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Thursday, July 20, 2006

Inequality Redux, More Support for Tom's Position

In addition to the language from Solicitudo Rei Socialis that Tom cites, Economic Justice for All says the following about the evil of excessive economic inequality, as such:

185. Catholic social teaching does not require absolute equality in the distribution of income and wealth. Some degree of inequality not only is acceptable, but also may be considered desirable for economic and social reasons, such as the need for incentives and provision of greater rewards for greater risks. However, unequal distribution should be evaluated in terms of several moral principles we have enunciated: the priority of meeting the basic needs of the poor and the importance of increasing the level of participation by all members of society in the economic life of the nation. These norms establish a strong presumption against extreme inequality of income and wealth as long as there are poor, hungry, and homeless people in our midst. They also suggest that extreme inequalities are detrimental to the development of social solidarity and community. In view of these norms we find the disparities of income and wealth in the United States to be unacceptable. Justice requires that all members of our society work for economic, political and social reforms that will decrease these inequities.

Spotlight on Catholic Dems

We've discussed the Catholic Statement of Principles signed by 55 House Democrats.  A transcript has now been posted of a Pew Forum event held last month in which Rep. Rosa DeLauro, one of the Statement's organizers, talked extensively about the perspective, purpose, and direction of the group.  I won't provide an excerpt because the whole thing is a good read, with insightful (and occasionally skeptical) questions and comments from E.J. Dionne, Michael Cromartie, Jim Wallis, and lots of reporters.

Rob

Recommended Reading

MOJ-readers may be interested in this fine article by Howard Lesnick, who is Jefferson B. Fordham Professor of Law at the University of Pennsylvania:  The Consciousness of Religion and the Consciousness of Law, With Some Implications for Dialogue, 8 Univ. of Pennsylavania Journal of Constitutional Law 335-354 (May 2006).
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Cohabitation vs. Marriage

A new study by researchers at Cornell finds that "one-half of all cohabiting unions end within a year and 90 percent within five years," and concludes that the "common view of cohabitation as a steppingstone to marriage needs to be seriously questioned."

Rob

The Warehouse State

Here is a disturbing vision of the paternalistic welfare state becoming the laissez-faire warehouse state.  Seattle operates a housing facility for hard-core, homeless alcoholics.  It's entirely taxpayer-funded, and residents can drink as much as they want to:

Each [resident] had been a street drunk for several years and had failed in at least six attempts at sobriety. In a controversial acknowledgment of their addiction, the residents - 70 men and 5 women - can drink in their rooms. They do not have to promise to drink less, attend Alcoholics Anonymous meetings or go to church.

In 2003, the public spent $50,000, on average, for each of 40 homeless alcoholics found most often at the jail, the sobering center and the public Harborview Medical Center, said Amnon Shoenfeld, director of King County's division of mental health and chemical abuse. . . . the annual cost for each new resident of [the new facility is expected to] be $13,000, or a total of $950,000.

The mindset of this program strikes me as wildly inconsistent with human dignity, providing a stark reminder of the distinction between individual autonomy and human flourishing.  Basically we're warehousing alcoholics, content to let them suffer and die with their disease, in order to lessen the burden on the taxpayer.  Are folks who are leery of the state funding faith-based personal transformation more excited about this as an alternative?

Rob

UPDATE:  Incoming St. Thomas law student Abby Johnson has a different reaction:

I wonder whether programs that put stipulations on care are really the most humane way of addressing these issues. Let's say Joe has tried 10 times to give up alcohol and failed every time. He's homeless, sleeping on grates and scavenging food where he can, he has liver cancer and diabetes, and he's weeks from dying. Treatment programs are out for him, since he has provided no indications that he's really willing/able to kick his addiction. What's the better course of action for him, to give him a roof over his head for a short time along with some medical care, or to let him live out the rest of his days on the streets until he succumbs to his diseases?

President's statement on veto of stem-cell bill

Here is a copy of the President's remarks, on the occasion of his veto of Congress's bill authorizing funding for increased embryonic stem-cell research (and his much-less-noticed signing of a bill authorizing increased funding for other forms of stem-cell research).  Here is a bit:

Like all Americans, I believe our nation must vigorously pursue the tremendous possibility that science offers to cure disease and improve the lives of millions. We have opportunities to discover cures and treatments that were unthinkable generations ago. Some scientists believe that one source of these cures might be embryonic stem cell research. Embryonic stem cells have the ability to grow into specialized adult tissues, and this may give them the potential to replace damaged or defective cells or body parts and treat a variety of diseases.

Yet we must also remember that embryonic stem cells come from human embryos that are destroyed for their cells. Each of these human embryos is a unique human life with inherent dignity and matchless value. We see that value in the children who are with us today. Each of these children began his or her life as a frozen embryo that was created for in vitro fertilization, but remained unused after the fertility treatments were complete. Each of these children was adopted while still an embryo, and has been blessed with the chance to grow up in a loving family.

These boys and girls are not spare parts. (Applause.) They remind us of that is lost when embryos are destroyed in the name of research. They remind us that we all begin our lives as a small collection of cells. And they remind us that in our zeal for new treatments and cures, America must never abandon our fundamental morals.

Wednesday, July 19, 2006

Growing Income Inequality, Redux

The Wall Street Journal op-ed page today has a piece a with an uncharacteristic topic: growing income inequality, which the author calls potentially "the mother of all electoral issues."  The author, investment-banking and media mogul Steven Rattner, writes that one can't deny "the failure of robust top-line growth in the U.S. economy to filter into the wallets of Americans below the top of the pyramid. . . .  From 2000 to 2005, for example, average weekly wages for the bottom 10% dropped by 2.7% (after adjustment for inflation), while those of the top 10% rose by 5.3%."

This reminded me of the MOJ discussion a few months ago, in which Rick asked,

why, exactly, is [growing income disparity] a problem?  If we put aside -- just for the sake of discussion -- entirely appropriate concerns about, for example, a consumption culture that is fed by images of the super-rich on spending binges, or about whether those at the low end of the scale (or in the middle, or at the high end, for that matter) are being compensated justly, and just ask about "income disparity" . . . why, from a CST perspective, is this objectionable?

Catholic social doctrine clearly regards some level of income disparity as the inevitable product of morally commendable freedom and initiative; moreover, you obviously can't identify a precise point at which income disparity becomes too great.  But let me try a few suggestions why large and growing income disparity may be ground for concern in itself, and not just as a symptom of other things like a high poverty rate.

One is that great disparity seems likely to make it harder for people to practice the value of solidarity, that is, "see[ing] the 'other'-whether a person, people or nation-not just as some kind of instrument, . . . but as our 'neighbor,' a 'helper'(cf. Gn. 2:18-20), to be made a sharer on a par with ourselves in the banquet of life to which all are equally invited by God."  Solicitudo Rei Socialis, para. 39.  Again, this is not talking about equal results; but the more that different classes of people lead entirely different lives determined (heavily at least) by income -- with radical differences in housing, schooling, neighborhoods, work, leisure, transportation, and almost everything else -- the more they will find it hard to sympathize with each other (especially the rich to sympathize with those of modest means).  Around the time of our discussion last year, Michael Kinsley wrote about threats to "the role of civil equality as a consolation prize for economic inequality":

[W]hole areas of life that were part of everyday democracy have fallen to the empire of money. People increasingly go to schools with people of their own class, live in class-sifted neighborhoods, hold their Fourth of July picnics in their own back yards rather than the public park.

Of course Catholic doctrine calls on all people to develop empathy across the lines that will always be there.  But realistically, people will find it harder to do so when income and life-condition disparities are really large.  This effect seems independent of what percentage of the population falls below some absolute measure of poverty.

Related to this is that greater income disparity can make it harder to have economic and social mobility.  The further you have to go to reach a different class, the harder it is.  And I would presume, though I don't have time to get the cites right now, that mobility is a positive goal in Catholic social doctrine with its emphasis on opportunity and full participation by all in economic life.  There are studies showing that we now have less intergenerational mobility than we thought and less than many other developed Western nations.  (And don't get me started on the estate tax.)  I don't deny that the effects here may be complicated; I can imagine that a more laissez-faire economy that produces greater income disparity can promote greater mobility in some situations.  But the evidence suggests this is not always the case, and it seems to me that there is a prima facie reason for concern about large and growing inequality in itself.

Finally, there is a concern that relates to, but is distinct from, Rick's mention of "a consumption culture fed by images of the super-rich." It's the concern about "expenditure cascades," defined (in this paper) as "[i]ncreased expenditures by top earners . . . that resul[t] in increased expenditures even among those whose incomes have not risen."  The author, Cornell economist Robert Frank, emphasizes that he is not talking about increasing spending caused solely by a psychological need to emulate the rich (the "consumption culture fed by images" to which Rick referred) -- which Christian doctrine might classify as envy that we ought to encourage people to overcome.  Rather, increased top-end spending puts pressure step by step on people down the line for more concrete, objective reasons as well.  For example, houses mushroom in size and price in the suburbs with the decent schools (which non-wealthy parents want for their kids too); huge Hummers or other SUVs on the road render a cheap or small car not just less fashionable but more dangerous; the suits you're expected to wear to be presentable in formal situations, or the gifts you're expected to give to satisfy etiquette, also balloon in luxury and price; and so forth.  Nor, as far as I can see, are these increases even fully reflected by inflation measures, since we're often talking about new, higher-level goods, not simply higher prices for the same basket of goods.  Several of these affect primarily the middle class, not the poor (at least not directly).  But the paper argues, using regression analysis on the data, that higher income inequality in various areas produces significantly higher average home prices and also matches up with "higher personal bankruptcy rates, divorce rates, [a]verage commute times," and total hours worked -- all of them matters of real concern to CST.  Cf. Elizabeth Warren's work on the relation of home prices to families' economic troubles.  I'm no economist, but those interested in the issue might want to read the Frank paper, with his statistics.

Tom

Tuesday, July 18, 2006

Human Rights and other matters

I would like to have responded earlier to some of the fascinating and important discussions on human rights that have appeared in MOJ over the past several days. But, this is the first opportunity I have had to put together a few words.

An important issue that permeates the discussion of human rights is the question: what is their source? For those who subscribe to an underlying religious belief, this question might be rephrased: who is their source? The answer is: God is the source. The State or other human mechanism is not.

Of course for some secular views, if the rights bearer/claimer is the source—or at least the foundation of their definition, then human rights become whatever that subject says they are. There would be no need to consider the perspectives of anyone or anything beyond the defining self. This situation presents a problem when the rights of one self-definer conflict with those of another. The solution for resolving the conflict becomes quite limited.

So the next step is to consider whether someone or something beyond the self is the definer of human rights. For the Christian and many other religious believers, it is, as I have suggested earlier, God who is their author and who gives each of his beloved creation the ability to claim and exercise rights in a proper fashion and to respond affirmatively to the responsibilities toward others in the exercise of these rights.

For the person who does not subscribe to either of these two views, the task of explaining the source because more complex. Is the source metaphysical? Or, is it tangible and human? Or, is it something else, not to exclude such a possibility? But if the source is of some human origin, what mechanism is there for reconciling, in the most just way possible, any conflict between or among people when the exercise of their rights conflict? Obviously, the answer would seem to be a human source. But, this circumstance can be affected by some of the same concerns that plague the first category I identified earlier regarding self-definition by the claimant. One might then say that judicial or legal mechanisms are then the proper and only source for reconciling these conflicts. But that would make these mechanisms too much like the self-defining author who claims and defines the rights. And, since these mechanisms are a function of the State, the State indirectly becomes the author of these rights. And this is a conclusion that conflicts with the Catholic perspective on the nature and source of human rights.    RJA sj

Wal-Mart Gets Religion

Wal-Mart has hired a former nun as director of stakeholder engagement, charged with steering the company's policies on labor relations, the environment, and health care.  Can we expect the Compendium to be required reading for the board of directors?

Rob