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, March 17, 2006

"Blacks in the Catholic Church"

Here is a provocative -- yet sobering -- read, "Blacks in the Catholic Church:  Then and Now," from OpinionJournal:

As the debate continues over what to rebuild in New Orleans, the fate of the city's black Catholic community may be one of the more poignant tales of loss and uncertainty in the wake of Hurricane Katrina. It is also one that points to a challenge for the wider Catholic Church in America. New Orleans, along with Baltimore and New York, is one of the precious few strongholds of black Catholics in the United States, a venerable old community facing challenges beyond the storm's toll.

Katrina dispersed much of New Orleans's Catholic population, including many African-Americans. Even now, seven months later, only half of the 350 families from the Church of St. Augustine, a parish near the French Quarter founded in 1841 by slaves and freedmen, have returned. The local archbishop wants the congregants to merge with another church.

Indeed, people outside major cities are often surprised to discover that there are black Catholics at all; for them, the church's vaunted universality is limited to a light-toned blend of European and Latino nationalities. And indeed, African-Americans make up just 3% of the nation's more than 65 million Catholics. Why should this be so?

When it comes to racial integration, the Catholic Church in America carries much of the same historical baggage as many other institutions. True, there have been remarkable black American Catholics, notably Venerable Pierre Toussaint, the Haitian immigrant and slave who bought his own freedom in the early 19th century, and then used his wealth to fund all manner of charitable efforts and help to underwrite the building of Old St. Patrick's Cathedral on Mulberry Street in New York.

Alan Jacobs on Wheaton

In the latest First Things, Alan Jacobs (Wheaton) has a piece on the recent firing, by Wheaton, of Joshua Hochschild, who had informed the school's administration that he was entering into full communion with the Catholic Church.  He writes:

[W]hat principles or concerns should guide Wheaton’s leaders as they reflect on the options before them? It is easier perhaps to say what should not guide them. First on that list would be the all-too-common assumption that religious particularity is always a bad thing, that it amounts to “sectarianism” or violates the gospel of “diversity.”

On the contrary, there are good reasons that some colleges and universities might choose, in the interests of intellectual coherence and the promotion of fruitful conversation, or in the interests of, say, service to the Church, or out of a love for Truth itself, to confine their constituency to those who share a set of core beliefs. The wide-open doors of the modern university—even supposing that they really exist—are a good thing but not the only good thing. Certain valuable and productive conversations happen in classrooms at Wheaton or Thomas Aquinas that simply cannot happen in the classrooms of secular universities. This was a point lost on the concerned citizens of Wheaton in 1877—with their longing for the unspecifiable uplift of “moral and religious influences”—and it is equally lost on many of Wheaton’s critics today. . . .

What elements of Wheaton’s mission are aided by its faculty being confined to Protestants? This, it seems to me, is the question that matters most. I must confess that I have difficulty in saying what such elements might be. Conversely, the riches of Catholic intellectual traditions, when embodied in persons of deep Christian conviction and piety, offer great resources for the fulfillment of that mission. Wheaton has never neglected the traditions themselves, but it has chosen to pass over brilliantly gifted proponents of those traditions when those proponents have also stood under the authority of Rome. At this juncture in the history of Christianity in the West—when it is besieged in so many ways by so many opponents—I am not sure that a school like Wheaton can afford to go it alone much longer. Even if we could, would it be wise and charitable to do so? . . .

The Reformation may not be over, but many of the suspicions and hostilities that accompanied it should be. Wheaton could strike a great blow, not for insipid and vacuous “moral and religious influences,” but for true Christian unity, if it welcomed into its midst Josh Hochschild and other Catholic teacher-scholars who share his passion for Christian truth.

Update:  I missed Rob's post, below, on the same matter!  Sorry!

Wieseltier on Fish

Leon Wieseltier has the "Washington Diarist" feature in the latest issue of The New Republic.  He has moved on from Daniel Dennett to Stanley Fish, who -- in Wieseltier's view -- published an op-ed ("Our Faith in Letting it all Hang Out") in the Times recently that "compared liberals unfavorably to fundamentalist mobs."  Wieseltier writes:

Fish is the author of a book called The Trouble With Principle--now there's a danger!--and has made a handsome career as a cheap button-pusher; he is one of those intellectuals who prefers any kind of radicalism to any kind of liberalism. (The flourishing of such intellectuals is itself a great tribute to liberalism.) In this particular prank, the kind of radicalism that Fish preferred was the Islamist kind. He lauded the "strong, insistent form" in which the rioters maintained their convictions. They believed that there are ideas "worth fighting over to the death." This, he declared, "is to the credit of the Muslim protesters and to the discredit of the liberal editors." Liberals, by contrast, believe only in such "abstract" principles as free speech, which makes them contemptibly indifferent to "the content of what is expressed." He adduced as his example of this timidity the culture editor of the Danish newspaper, for whom what seemed to matter was not the substance of what his paper said but its right to say it. In the liberal "religion of letting it all hang out," Fish sneered, "everything (at least in the realm of expression and ideas) is to be permitted, but nothing is to be taken seriously."

This is an ancient slander against liberalism. "I'm liberal," declares a character in one of Frost's poems, and explains: "I mean so altruistically moral / I never take my own side in a quarrel."

Wieseltier continues:

It is certainly true, as Fish worries, that a liberal order exasperates certain types of "strongly held faiths." The believers in an open society always have some adjusting to do. Yet not all strongly held faiths are alike. Often the aforesaid adjustments are made, for the sake of principle or social peace. And a faith held so strongly that it acknowledges no legitimacy to other strongly held faiths, so that it seeks to suppress or to destroy them--surely such faiths must not be allowed to hide their depredation behind our toleration. They deserve all the exasperation that we can visit upon them. Moreover, not all strongly held faiths are held for reasons worthy of respect. (I mean intellectual respect. About political respect, there must be no doubt; but political respect is not a promise of intellectual respect.) Usually they are just the unexamined promptings of tribe and tradition. But then Fish is not exercised by the intellectual quality of the bellicose dogmatisms that he wishes upon us. Quite the contrary. What excites Fish about fervent belief is the fervor, not the belief.

For another dimension to the Wieseltier / Fish disagreement, check out this essay, published in First Things by Fish ten years ago, called "Why We Can't All Just Get Along."

Paternal Parental Choice and the ECHR

Check out this post, over at Opinion Juris, about "paternal parental choice" and a recent decision, Evans v. United Kingdom, by the European Court of Human Rights.  In particular, the way the ECHR uses the "margin of appreciation" idea to allow for local variation on questions regarding the beginning of life and the protection of unborn children is interesting.  Roger Alford asks:

The ECHR's decision in Evans is a significant application of the margin of appreciation doctrine under the European Convention. Can you imagine the possible ramifications for constitutional comparativists in the United States? Would it mean each state should be free to decide when life begins? Would it allow states to grant greater rights to fathers than they currently enjoy on issues involving abortion, embryology, fertilization and birth? If the European Convention gives Member States wide discretion to regulate on such matters, should our constitutional approach implement a similar approach of legislative deference?

I am no fan of constitutional comparativism, but if advocates are going to warmly embrace ECHR decisions in other constitutional contexts (i.e., Lawrence), should they not do so here? As Justice Ginsburg said last year at the ASIL annual meeting we should look abroad for "negative examples" on matters such as abortion. Here is one such example available for comparative reference.

"Should Liberals Leave the Catholic Church?"

Joan Vennochi asks, in the Boston Globe:  "Every pronouncement from Pope Benedict XVI draws another line between official church doctrine and liberal ideology. When do liberals choose one side or the other? . . .  The church in Rome thinks in centuries, not in news cycles. It isn't budging.  Will liberals in America ever get the message?"

In my view, the piece is riddled with misplaced assumptions (i.e., that the Church's stances on disputed, controversial questions of social and economic policy are monolithically "conservative").  I suppose I am neither "liberal" (except in the sense that everyone is these days) nor a "liberal Catholic," but I found myself vicariously offended by the suggestion that Catholics who are liberals are Catholic only because of "nostalgia," and not because of a love of Christ and a hunger for the sacraments.  We sometimes see, on the "conservative" side of the Church an impulse, to find a purer place, somewhere in the catacombs, where there will be no more liturgical silliness or bad music or squishy discipline; similarly, Ms. Vennochi advises liberal Catholics to abandon the Church for a purer, more satisfying, "liberal ideology."  (It is interesting that Ms. Vennochi uses that word.  Why would anyone -- liberal or conservative -- prefer "ideology" to the word and presence of God?) 

My own sense -- based on many conversations here at MOJ and elsewhere -- is that Catholics who are liberals do not find this call attractive, or even comprehensible.  My own sense is that, for most Catholics who are liberals, their liberal stances reflect efforts to live out and apply the Faith; it is not that they believe the Church's performance is to be evaluated based on its consonance with "ideology" of any kind.

What do the folks at the Commonweal blog think, I wonder?  Mark?

Rick Garnett's Oversight

Alas, in his post below, on the essay about Jacques Maritain, Rick failed to quote the most important paragraph of the essay--the final paragraph.  Here it is:

Maritain returned for a last visit to the United States in 1966 to say farewell to old friends and to visit the grave of his sister-in-law Vera buried in Princeton. At the same time he went to see others, one of whom was the poet and monk Thomas Merton. The latter regaled him with recordings of Bob Dylan, "whom he [Merton] considers a great poet, a modern Villon. What a strange scene it is," writes the friend accompanying Maritain, "listening in the monastery of Gethsemani to the hard and expressive voice of a young rebel poet. Jacques likes 'The Gates of Heaven' especially." (This is probably a mistaken reference to "Gates of Eden.") It is with such an appealing image, which seems to unite so many of the seemingly clashing facets of Maritain's remarkable personality, that we can best grasp the secret of his astonishing career.
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Calling for Change at Wheaton

In the new First Things, Wheaton College prof Alan Jacobs explores the Joshua Hochschild firing controversy.  I hesitate to quote from it because the entire piece offers key insights for our ongoing conversation on Catholic identity and higher education, but here is his bottom line:

The Reformation may not be over, but many of the suspicions and hostilities that accompanied it should be. Wheaton could strike a great blow, not for insipid and vacuous “moral and religious influences,” but for true Christian unity, if it welcomed into its midst Josh Hochschild and other Catholic teacher-scholars who share his passion for Christian truth.

Rob

America, Meet Maritain

Hats off to the New Republic, for providing this review of two recent books about, among other things, Jacques Maritain.  (I was particularly intrigued by the discussion of Maritain's friendship with the poet, Charles Peguy):

Jacques Maritain was an extremely complex and contradictory personality, a man with a disarming charm who always seemed to embody a somewhat subversive version of whatever cause he was espousing. A resolute partisan of the ideas of Thomas Aquinas, he refused to confine them to the past and used them to defend the most extreme experiments of modern art. When he taught in the United States, he was considered to be a "Catholic Marxist." And he was perhaps the only important French intellectual since Tocqueville who ever wrote anything positive about the United States--in Reflections on America, published in 1958--without overlooking its problems and its deficiencies. The issue that preoccupied him throughout his life, the relation of religion, culture and politics, has recently taken on a new acuity, particularly in the United States, and thus history has given a renewed relevance to the flood of writings with which he analyzed this question from every conceivable point of view.

Also, I'm read last night an essay by Russell Hittinger about Maritain's Man and the State (1951).  Hittinger writes:

Maritain argued that the political "madness" of twentieth-century Europe can be traced to the fact that modern democracies had never truly renounced the idea of "substantialism"--the "myth that the state is the people personified. . . .  For Maritain, [this] generated [this] result:  a conception of the state regarded not as a relatively higher power within a network of authorities constituting a body politic, but rather as a separate and transcendent power entitled to act on the body politic.

There's a lot more.  The essay is available in Hittinger's book, The First Grace, and is well worth reading.

"Giving an account"

A thought, taken from a relatively recent lecture by George Weigel:

If democracy is more than institutions and procedures -- if democratic institutions and procedures are the expressions of a distinctive way of life based on specific moral commitments -- then then democratic citizenship must be more than a matter of following the procedures and abiding by the laws and regulations agreed upon by the institutions. A democratic citizen is someone who can give an account of his or her commitment to human rights, to the rule of law and equality before the law, to decision-making by the majority and protection of the rights of minorities. Democratic citizenship means being able to tell why one affirms "the universal values of the inviolable and inalienable rights of the human person, democracy, equality, freedom and the rule of law," to cite the preamble to the European constitution.

Our own Michael Perry has emphasized a similar point, in his work on human rights.  How can "Catholic legal theory" help to provide such an "account"?  Can anything else?

Lambda's Marketplace Power

Jonathan Watson asks some good questions about my praise for the Harvard Lambda students who are, in my view, exercising their marketplace power to make firms accountable for the causes they take on.  He asks:

Since the students in question are not hiring Ropes & Gray (and therefore, don't have marketplace power in that sense) do you mean that they are attempting to force Ropes & Gray to reconsider, or else be forced to do without members of the Lambda student organization? That makes no logical sense to me either, since they could simply refuse to interview or apply for positions with R&G.  I am curious how you would use this incident to illustrate the need for lawyers to take moral responsibility for their professional decisions? How does this relate to "moral responsibility" versus informed moral responsibility, and (in light of Prof. Araujo's comments about R&G also doing work for Gay and Lesbian groups) irresponsible or illogical moral responsibility?

When I refer to marketplace power, I'm not simply talking about the decision by individual students to seek employment with a firm doing work to which they object.  I'm talking about the persuasive power of students banding together to convince their classmates not to seek employment with such a firm.  By contrast, if the students were seeking to have Harvard exclude Ropes & Gray from on-campus interviews entirely because of the firm's work for Catholic Charities, I would not consider that to be an exercise of marketplace power so much as shutting the marketplace down.

And to be clear, I believe that Lambda's targeting of Ropes & Gray is misguided in this context given the nature of the legal claims at stake, regardless of one's view on the merits of gay adoption.  But the fact that R&G also represents gay and lesbian causes doesn't erase the moral dimension.  If a firm agreed to help an anti-Christian employer find creative ways to get rid of Christian employees without incurring liability, I would find that representation objectionable (especially if the firm took it on as a pro bono matter) regardless of the firm's other socially beneficial representations. 

And I do not mean to belittle the value of the access to the law afforded by lawyers, a clear benefit of the amoral lawyering paradigm.  But we are far from the point where individuals and groups lack access due to the controversial moral nature of their causes (lack of access for financial reasons is another story); the more pressing problem is that lawyers are trained to believe that the moral nature of the cause is irrelevant to the representation.  If a firm devoted its pro bono resources to bringing cases that would seek to expand the abortion license through envelope-pushing challenges to parental notification laws and other legislative restrictions, would a pro-life law student be justified in declining an interview with the firm?  Of course.  But would they also be justified in trying to bring their classmates' attention to the firm's allocation of its limited resources?  Absolutely, and that's the exercise of marketplace power I applaud. 

Rob