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, January 20, 2006

Evangelicals and the War in Iraq

This op-ed should be of interest to many MOJ readers.

New York Times

January 20, 2006

Wayward Christian Soldiers
By Charles Marsh

IN the past several years, American evangelicals, and I am one of them, have amassed greater political power than at any time in our history. But at what cost to our witness and the integrity of our message?

Recently, I took a few days to reread the war sermons delivered by influential evangelical ministers during the lead up to the Iraq war. That period, from the fall of 2002 through the spring of 2003, is not one I will remember fondly. Many of the most respected voices in American evangelical circles blessed the president's war plans, even when doing so required them to recast Christian doctrine.

Charles Stanley, pastor of the First Baptist Church of Atlanta, whose weekly sermons are seen by millions of television viewers, led the charge with particular fervor. "We should offer to serve the war effort in any way possible," said Mr. Stanley, a former president of the Southern Baptist Convention. "God battles with people who oppose him, who fight against him and his followers." In an article carried by the convention's Baptist Press news service, a missionary wrote that "American foreign policy and military might have opened an opportunity for the Gospel in the land of Abraham, Isaac and Jacob."

As if working from a slate of evangelical talking points, both Franklin Graham, the evangelist and son of Billy Graham, and Marvin Olasky, the editor of the conservative World magazine and a former advisor to President Bush on faith-based policy, echoed these sentiments, claiming that the American invasion of Iraq would create exciting new prospects for proselytizing Muslims. Tim LaHaye, the co-author of the hugely popular "Left Behind" series, spoke of Iraq as "a focal point of end-time events," whose special role in the earth's final days will become clear after invasion, conquest and reconstruction. For his part, Jerry Falwell boasted that "God is pro-war" in the title of an essay he wrote in 2004.

The war sermons rallied the evangelical congregations behind the invasion of Iraq. An astonishing 87 percent of all white evangelical Christians in the United States supported the president's decision in April 2003. Recent polls indicate that 68 percent of white evangelicals continue to support the war. But what surprised me, looking at these sermons nearly three years later, was how little attention they paid to actual Christian moral doctrine. Some tried to square the American invasion with Christian "just war" theory, but such efforts could never quite reckon with the criterion that force must only be used as a last resort. As a result, many ministers dismissed the theory as no longer relevant.

Some preachers tried to link Saddam Hussein with wicked King Nebuchadnezzar of Biblical fame, but these arguments depended on esoteric interpretations of the Old Testament book of II Kings and could not easily be reduced to the kinds of catchy phrases that are projected onto video screens in vast evangelical churches. The single common theme among the war sermons appeared to be this: our president is a real brother in Christ, and because he has discerned that God's will is for our nation to be at war against Iraq, we shall gloriously comply.

Such sentiments are a far cry from those expressed in the Lausanne Covenant of 1974. More than 2,300 evangelical leaders from 150 countries signed that statement, the most significant milestone in the movement's history. Convened by Billy Graham and led by John Stott, the revered Anglican evangelical priest and writer, the signatories affirmed the global character of the church of Jesus Christ and the belief that "the church is the community of God's people rather than an institution, and must not be identified with any particular culture, social or political system, or human ideology."

On this page, David Brooks correctly noted that if evangelicals elected a pope, it would most likely be Mr. Stott, who is the author of more than 40 books on evangelical theology and Christian devotion. Unlike the Pope John Paul II, who said that invading Iraq would violate Catholic moral teaching and threaten "the fate of humanity," or even Pope Benedict XVI, who has said there were "not sufficient reasons to unleash a war against Iraq," Mr. Stott did not speak publicly on the war. But in a recent interview, he shared with me his abiding concerns.

"Privately, in the days preceding the invasion, I had hoped that no action would be taken without United Nations authorization," he told me. "I believed then and now that the American and British governments erred in proceeding without United Nations approval." Reverend Stott referred me to "War and Rumors of War, " a chapter from his 1999 book, "New Issues Facing Christians Today," as the best account of his position. In that essay he wrote that the Christian community's primary mission must be "to hunger for righteousness, to pursue peace, to forbear revenge, to love enemies, in other words, to be marked by the cross."

What will it take for evangelicals in the United States to recognize our mistaken loyalty? We have increasingly isolated ourselves from the shared faith of the global Church, and there is no denying that our Faustian bargain for access and power has undermined the credibility of our moral and evangelistic witness in the world. The Hebrew prophets might call us to repentance, but repentance is a tough demand for a people utterly convinced of their righteousness.

[Charles Marsh, a professor of religion at the University of Virginia, is the author of "The Beloved Community: How Faith Shapes Social Justice, from the Civil Rights Movement to Today."]

Thursday, January 19, 2006

Wolfe on Stark on Christianity and Progress

Not long ago, Michael Perry blogged David Brook's column about Rodney Stark's new book, "The Victory of Reason."  (Phew!)   In the book, Stark argues, in a nutshell, that the West has prospered because of capitalism, and that we have the Catholic Church to thank for it.  Stark also presented this claim in the Chronicle of Higher Education:

[F]rom early days, the church fathers taught that reason was the supreme gift from God and the means to progressively increase understanding of Scripture and revelation. Consequently Christianity was oriented to the future, while the other major religions asserted the superiority of the past. At least in principle, if not always in fact, Christian doctrines could always be modified in the name of progress, as demonstrated by reason. Encouraged by the scholastics and embodied in the great medieval universities founded by the church, faith in the power of reason infused Western culture, stimulating the pursuit of science and the evolution of democratic theory and practice. The rise of capitalism also was a victory for church-inspired reason, since capi-talism is, in essence, the systematic and sustained application of reason to com-merce — something that first took place within the great monastic estates.

During the past century Western intellectuals have been more than willing to trace European imperialism to Christian origins, but they have been entirely un-willing to recognize that Christianity made any contribution (other than intolerance) to the Western capacity to dominate other societies. Rather, the West is said to have surged ahead precisely as it overcame re-ligious barriers to progress, especially those impeding science. Nonsense. The success of the West, including the rise of science, rested entirely on religious foundations, and the people who brought it about were devout Christians. Unfortunately, even many of those historians willing to grant Christianity a role in shaping Western progress have tended to limit themselves to tracing beneficial religious effects of the Protestant Reformation. It is as if the previous 1,500 years of Christianity either were of little matter, or were harmful.

Well, in this review, published in the New Republic, sociologist Alan Wolfe is having none of it.  He really, really . . . hates the book:

"Had the followers of Jesus remained an obscure Jewish sect," concludes Rodney Stark in his new book, "most of you would not have learned to read and the rest of you would be reading from hand-copied scrolls." I had always known that Jesus Christ was a pretty important person, but I had not quite realized that were it not for him, there would be no one to buy Rodney Stark's books.

Jesus, Stark goes on, is responsible for more than liberating us from scrolls; to him goes the credit for all of Western civilization. If he had remained a Jew, we would live in a despotic world bereft of science and reason. Lots of women would die giving birth, and a significant percentage of children would not live past age five. Firmly ensconced in the dark ages, our societies would be horrendous places to inhabit, lacking "universities, banks, factories, eyeglasses, chimneys, and pianos." 

Thought experiments have their place, but Stark's, it must immediately be said, is vile: even the most notorious anti-Semites give Jews credit for the banks.  . . .

The Victory of Reason is the worst book by a social scientist that I have ever read. Stark's methodology has nothing to do with history, or the logic of comparative analysis, or the rigorous testing of hypotheses. Instead he simply makes claims, the more outrageous the better, and dismisses all evidence that runs contrary to his claims as unimportant, and treats anyone with a point of view different from his own as stupid and contemptible, and reduces causation in human affairs to one thing and one thing only. How in the world, I kept asking myself as I read this book, could someone spend so much of his life trying to understand something as important as religion and come away so childish?

I have not read Stark's book (though I have read two of Wolfe's) and so, for all I know, the book is as awful as Wolfe says it is.  But I doubt it.

Law's Ambition

Here is an excerpt from the article Rick posted yesterday by Bill Stuntz and David Skeel, Christianity and the (Modest) Rule of Law:

[T]he bodies of law that govern twenty-first-century America generally draw lines between good and bad, proper behavior and the improper kind. Such laws cannot possibly govern; there is simply too much bad conduct.  Good moral codes make for bad legal codes.  Laws that aspire to teach citizens how to live -- and at the same time seek to govern the imposition of tangible legal penalties -- are likely only to teach lessons in arbitrary government and the rule of discretion.  Perhaps God intended that His law should be the exclusive source of such teaching.  If they are to function as law and not as a cover for official discretion, the laws that govern men's and women's affairs need to pursue a more modest agenda.

Contrast it with an excerpt from Cardinal Francis George's 2003 lecture at Notre Dame:

The State and its law are for the perfection of human beings, families, and associations. . . . It is not paternalistic on the part of the State, but realistic, to recognize the fragility of persons in the face of certain powerful temptations of fallen human nature.  Sometimes it is unjust not to protect persons against these very sources.

These visions of law seem to me to be irreconcilable, and raise two questions: first, does Cardinal George's assertion that law's aim is no less than human perfection reflect a settled Catholic understanding of law?  Second, does the difference between the Stuntz/Skeel and Cardinal George conceptions of law's purpose emanate from a Protestant/Catholic difference in theology, or from something else?

Rob

The Year of Two Popes

This is a facscinating article.  (Alas, you'll have to be a subscriber to access it online.  Or you can buy the issue.)  The author, Paul Elie, is the author of the acclaimed book about Flannery O'Connor, Thomas Merton, Dorothy Day, and Walker Percy: The Life You Save May Be Your Own:  An American Pilgrimage (Farrar, Straus & Giroux 2003).


The Atlantic Monthly | January/February 2006
   

The Year of Two Popes

      How Joseph Ratzinger stepped into the shoes of John Paul II—and what it means for the Catholic Church

Balkin on Ayotte

Yale law prof Jack Balkin has some interesting observations on yesterday's Supreme Court decision on New Hampshire's parental notification statute, concluding that:

On the one hand, New Hampshire and abortion opponents win to the extent that plaintiffs must now bring what are effectively as applied challenges to new abortion statutes. If the statute is unconstitutional only as to a small number of persons, courts should not strike the whole statute down but impose carve-outs. This means that legislatures are freer to pass restrictive abortion laws with the idea that courts will carve out unconstitutional applications later one.

On the other hand, New Hampshire and abortion opponents lose to the extent that the new rule the Court adopts is not exactly identical to an as-applied challenge. First, it does not necessarily require the development of a record after a full trial, although the court may of course demand one. Second, courts are allowed to hold unconstitutional applications invalid immediately as to everyone, and not just as applied to the parties before the court. Third, the courts can hold multiple features of the statute unconstitutional immediately. This last point becomes clear in the instructions on remand: O'Connor says that the lower court should consider the other constitutional objections that the plaintiffs raise. Thus, legislatures and abortion opponents lose to the extent that courts are given greater leeway to cut up their abortion statutes.

And this brings me to my final point about winners and losers. Under the guise of respecting legislatures, O'Connor has given the federal courts new powers to rewrite abortion statutes based on existing doctrinal categories. This is consistent with O'Connor's general tendency throughout her career to use seemingly narrow holdings to maximize future judicial discretion.

So if you want to know who really was the big winner in Ayotte, the answer is simple: It was the federal courts. They are now freed up to selectively rewrite new abortion statutes in the asserted name of respecting legislative intention and democracy.

Rob

Prayer site

For an outstanding prayer site managed by Irish Jesuits, go to http://www.sacredspace.ie/. The site invites you to "make a 'Sacred Space' in your day, and spend ten minutes, praying here and now, as you sit at your computer, with the help of on-screen guidance and scripture [SS. with commentary] chosen specially every day." If you do go, I recommend taking advantage of the "prayer guide" link as you go from screen to screen.

Wednesday, January 18, 2006

"Intelligent Design" Revisited ... in Rome

New York Times

January 19, 2006

In 'Design' vs. Darwinism, Darwin Wins Point in Rome

By IAN FISHER and CORNELIA DEAN

ROME, Jan. 18 - The official Vatican newspaper published an article this week labeling as "correct" the recent decision by a judge in Pennsylvania that intelligent design should not be taught as a scientific alternative to evolution.

"If the model proposed by Darwin is not considered sufficient, one should search for another," Fiorenzo Facchini, a professor of evolutionary biology at the University of Bologna, wrote in the Jan. 16-17 edition of the paper, L'Osservatore Romano.

"But it is not correct from a methodological point of view to stray from the field of science while pretending to do science," he wrote, calling intelligent design unscientific. "It only creates confusion between the scientific plane and those that are philosophical or religious."

The article was not presented as an official church position. But in the subtle and purposely ambiguous world of the Vatican, the comments seemed notable, given their strength on a delicate question much debated under the new pope, Benedict XVI.

Advocates for teaching evolution hailed the article. "He is emphasizing that there is no need to see a contradiction between Catholic teachings and evolution," said Dr. Francisco J. Ayala, professor of biology at the University of California, Irvine, and a former Dominican priest. "Good for him."

[To read the rest, click here.]
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Stuntz & Skeel on Christianity and the Rule of Law

Here is a new paper, "Christianity and the (Modest) Rule of Law," by Professor William Stuntz and Professor David Skeel:

Conservative Christians are often accused, justifiably, of trying to impose their moral views on the rest of the population: of trying to equate God's law with man's law. In this essay, we try to answer the question whether that equation is consistent with Christianity.

It isn't. Christian doctrines of creation and the fall imply the basic protections associated with the rule of law. But the moral law as defined in the Sermon on the Mount is flatly inconsistent with those protections. The most plausible inference to draw from those two conclusions is that the moral law - God's law - is meant to play a different role than the law of code books and case reports. Good morals inspire and teach; good law governs. When the roles are confused, law ceases to rule and discretion rules in its place. That is a lesson that many of our fellow religious believers would do well to learn: Christians on the right and on the left are too quick to seek to use law to advance their particular moral visions, without taking proper account of the limits of law's capacity to shape the culture it governs. But the lesson is not only for religious believers. America's legal system purports to honor the rule of law, but in practice it is honored mostly in the breach. One reason why is the gap between law's capacity and the ambitions lawmakers and legal theorists have for it. Properly defining the bounds of law's empire is the key to ensuring that law, not discretion, rules.

I'd welcome others' reactions to what strikes me as a provocative claim.  How consonant, do we think, is the argument advanced by Stuntz and Skeel with "Catholic legal theory"?  On the one hand, I would think that Catholics can happily endorse the idea that the goal of law need not be moral perfection, that not every wrong should be a crime, and so on.  We can, and should, take seriously the constraints that a commitment to "the rule of law" imposes on well-meaning actions by officials and judges.  At the same time, it seems mistaken to divide too sharply the "moral law" which inspires and teaches and the law that "governs."  In any event, check it out.

Catholic/Protestant differences

In a post on January 10, Tom gives the doctrine of purgatory as something that divides Catholics from Protestants. I wonder if it might depend on how purgatory is understood. Hans Kung in Eternal Life argues that purgatory is best understood not as a place or a length of time, but an aspect of the final judgment. That is, everyone (virtually everyone?) comes before God in less than a pure state. Purgatory according to Kung is an aspect of the encounter with God after death. Such an encounter with God will be humiliating and painful, but the encounter "judges and purifies, but also liberates and enlightens, heals and completes man." Kung refers to the "wrath of God's grace" as the essence of purgatory. I wonder if this conception of purgatory is acceptable to Protestants? To Catholics? I also wonder about another purported difference between Catholics and Protestants put forth by writers who eloquently discuss the Catholic imagination. The argument is that Catholics are predisposed to see God's grace operating  in the world while Protestants are more pessimistic, seeing a sinful world. I wonder if this is overinclusive and underinclusive on both sides.  But I do think it is a strong part of Christianity to see the workings of God in the world though Christians can, of course, disagree.

In this connection, I do not see the absence of Christian themes in the recent wave of Hollywood movies. The film about Capote is less about a jet setter going to the heartland than it is about the profound evil of among other things withdrawing financial support for a capital defendant in order to further a book project. Or more generally, even great artistic endeavors do not justify treating a human being as an object. In Brokeback Mountain, I agree that I would be in the minority (of millions) in seeing love between men (expressed sexually) as a Christian theme, but the film also shows the harm of adultery flowing from that relationship. Moreover, it exposes the ugly side of prejudice. Exposing the complexity of the human relationships in that film is a testimony to the value of truth. So, of course, more directly is the film about Edward R. Murrow which testifies in favor of truth against corporate greed. I could go on, but I will say this. I do worry that American television glorifies violence and promotes a materialist, hedonistic, sexist, consumer culture; many American movies can also be condemned. But there are often important themes consistent with the Christian tradition that are promoted by Hollywood, and, from that perspective, I think this has been an outstanding year.

The overhyped Catholic intellectual?

Over at First Things, Russ Hittinger is skeptical about pronouncements of a flourishing Catholic intellectual life in this country given the lack of Catholic intellectuals in the academy.

Rob