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.

Sunday, June 19, 2005

School Choice and Religious Identity

Here (thanks to Amy Welborn) is an important and interesting article, "Big 'C' or little 'c' Catholic?", about the "struggle" of Catholic schools in Milwaukee with "identity issues" as their student bodies become more "diverse."  (The Milwaukee Journal-Sentinel is running a multi-part series, of which this article is a part, on the city's ground-breaking voucher program).  Br. Bob Smith -- a true hero of education reform -- is featured prominently. 

I strongly support school-choice programs.  And, I agree with Br. Bob that "Catholic means universal.  We've always been an immigrant church, and opened our doors to the poor."  I'm not bothered by the possibility that (a) vouchers will bring more low-income, non-Catholic students to Catholic schools and, accordingly, (b) many Catholic schools will find it pastorally and pedagogically appropriate to be sensitive to non-Catholics students' beliefs and backgrounds.  That said, this statement, by a "religion" teacher, troubles me:

"We're ecumenical," said Sue Swieciak, who teaches classes on religion and faith at the school. "We're not teaching Catholicism. We're teaching about faith and Christian values."

Swieciak does not teach about the paschal mystery, the litany of the saints, or the assumption of Mary. The religion classes have a generic feel to them.

I would think (as a parent who is about to start sending kids to Catholic schools!) that the Catholic parents who are sending their children to Ms. Swieciak's school should reasonably be able to expect sacramental preparation, catechesis, and so forth, from their Catholic school.  In a way, it sounds like Milwaukee's parochial and Catholic high schools are wrestling with the same kinds of challenges that Catholic universities and law schools confronted a generation ago.  Frankly, I hope Milwaukee's schools do a better job.

Rick

Saturday, June 18, 2005

MORE ON RUSE ON THE EVOLUTION-CREATION DISPUTE

After posting, below, my message about Ruse's book, I noticed that Peter Steinfels has a piece in today's NYT about Ruse and his new book:

Eighty Years After Scopes, a Professor Reflects on Unabated Opposition to Evolutionists

In a little over three weeks, on July 10, it will be exactly 80 years since John Scopes went on trial, charged with teaching evolution as briefly set forth in "A Civic Biology Presented in Problems" by George W. Hunter.

Echoes of this notorious "monkey trial" continue to resound: A school board in Georgia tries to put stickers on biology textbooks advising that evolution is "a theory, not a fact." A Pennsylvania school district wants science teachers to inform students that "intelligent design" is an alternative to Darwinian theory, a notion gaining support in at least 20 states, with Kansas in the lead. These publicized disputes, furthermore, are only the tip of an iceberg of passive resistance, by many school boards and teachers who want to avoid controversy, to teaching evolution at all.

Opponents of such resistance can scarcely contain their exasperation. Why won't this conflict just go away? Why must the American Civil Liberties Union, which recruited Scopes so long ago to challenge Tennessee's anti-evolution statute, still be at it? How can it be that almost half the population rejects the idea that humans have evolved, and almost two-thirds want some form of creationism taught in public school science classes?

Michael Ruse has an answer. A professor of philosophy at Florida State University, he is, by his own account, "an ardent Darwinian," who testified for the A.C.L.U. in its successful challenge to a creationist law in Arkansas.

In "The Evolution-Creation Struggle" (Harvard, 2005), Professor Ruse takes a long look at why opponents of evolution feel so threatened and why evolutionists are so surprised and perplexed at the opposition.

"The full story," he writes, "is far more complex than any of us, including (especially) us evolutionists, have realized." In his view, evolutionary thought and the strand of Christianity that rallied to oppose it were two "rival religious responses" to an existing crisis of faith stemming from the rationalism of the Enlightenment and its 19th-century sequel.

Although Darwin's own work was a model of professional science, a great deal of evolutionary thought before and after him, in Professor Ruse's judgment, deserves to be termed evolutionism, a kind of secular religion built around an ideology of progress.

That ideology was not necessarily wrong, but it threw evolutionary theory into one of the two camps increasingly dividing Christians: the liberal postmillennialists, who believed that the building of Christ's rule on earth was already under way, and the conservative premillennialists, eagerly anticipating Christ's Second Coming.

Casting the evolution-creation struggle into the framework of the postmillennial-premillennial struggle does not always make for a tidy fit. But one point becomes indisputable. From the beginning, evolutionary theory has been drenched in religion. The aggressors in the warfare between theology and science were not just religious believers insisting that their ancient Scriptures were the basis of scientific truths but scientific enthusiasts insisting that evolutionary theory was the basis for conclusions about religion.

Many of the latter were of course what Professor Ruse calls proponents of evolutionism and pseudoscience. (The biology text at the center of the Scopes trial, along with useful advice about diet and regular bowel movements, reflected eugenics, then fashionable, in warning that allowing the birth of "parasites" like the mentally and physically handicapped would be "criminal.") But as Professor Ruse notes, as genuine science no less than as pseudoscience, "Darwinian evolutionary theory does impinge on religious thinking."

The challenge to literal readings of the creation stories in Genesis is the least of it. Other elements of Darwinism go right to the heart of any belief in a caring, almighty God.

The power of strictly natural interactions of random events and reproductive advantage over huge spans of time to explain the emergence of diverse and complex life forms appears to render the guiding role of such a God superfluous. The grim picture of those life forms, including humanity, emerging through a ruthlessly cruel process of natural competition appears to render such a God implausible.

The vigorous arguments made by Darwinians like Richard Dawkins and Daniel C. Dennett to the effect that contemporary evolutionary theory has buried all traditional religious beliefs may not be conclusive, but they cannot be dismissed, nor rebutted simply by the fact that some evolutionists continue to be believers.

Then there is the debate about the "methodological naturalism" that for purposes of scientific investigation restricts explanations to findings about material nature. Does "methodological naturalism" lead inexorably to a "metaphysical naturalism" holding that material nature is in fact the whole of reality?

Professor Ruse says no. But he acknowledges that the slippery slope is there. And "though many evolutionists may themselves be willing to make the slide," he writes, "they should not be surprised when others, seeing a slippery slope from methodological naturalism to metaphysical naturalism, stop themselves at the top of the hill."

In the end, Professor Ruse's new book suggests that the religious resistance to evolutionary theory is a lot more understandable and a lot less unreasonable than its opponents recognize. The neat formula "evolutionary biology is evolutionary biology, religion is religion, and the former belongs in public schools but the latter does not" cannot do justice to the fuzzy reality of the evolution-religion hybrid.

Professor Ruse does not offer an alternative formula or delve into the church-state questions raised by proposals to include creationist or intelligent-design ideas in school curriculums. He entertains hope that Christian and atheistic evolutionists can unite in defense of the "huge overlap" in their scientific positions and in their commitment to a "postmillennial philosophy" of human progress.

But his ultimate appeal is for greater modesty and self-awareness.

"Those of us who love science," he writes, "must do more than simply restate our positions or criticize the opposition. We must understand our own assumptions and, equally, find out why others have (often) legitimate concerns. This is not a plea for weak-kneed compromise but a more informed and self-aware approach to the issue."
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Michael P.

FUNDAMENTALISMS, SCIENTIFIC AS WELL AS RELIGIOUS

For those of you interested in the controversy over evolution, and who want to steer a course between religious fundamentalism (= ignorance) on the one side and scientific fundamentalism (= ignorance) on the other, this is the book to read:

Michael Ruse, The Evolution-Creation Struggle (Harvard University Press 2005).  Click here.

Ruse, a philosopher, is an agnostic who respects (non-fundamentalist) religious belief.
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Michael P.

Friday, June 17, 2005

Brian Leiter Responds on Rudenstine

Brian has responded to my last post with the following comment:

I would have thought that Rudenstine was marking exactly this kind ofdistinction by calling attention to the kind of "faith" that sets itself in opposition to evidence, for example, from the sciences. I did notread his remarks as a blanket condemnation of everything that travelsunder the heading of "faith."

Perhaps Rudenstine got carried away with his own rhetoric -- I don't read him the way Brian does. But it is reassuring to see that Brian himself would make the kind of distinction about "faith" suggested in my original post. Thanks to Brian for his quick response!

- -Mark

Rudenstine's Own Fundamentalism

I found David Rudenstine's statements about faith and legal education appalling and unworthy of the dean of a religiously-affiliated law school. I also found Brian Leiter's approbation disappointing. Brian is a fierce critic of mindless fundamentalism, and I usually applaud him for that.  But he has been willing, at times, to distinguish between that and those segments of religious belief and discourse that engage with reason, have deep intellectual traditions, are tolerant and ecumenical, and have a vivid sense of the proper spheres of the religious and the secular.  Brian's applause for a statement that shows absolutely no understanding of these vitally important distinctions is thus surprising, as well as disappointing. Now, I do understand the frustrations that are animating Brian's and Rudenstine's comments. Many of us in the Catholic center and left are deeply frustrated by the religious right's cooptation of the religious voice in public life. We believe that the Bush/DeLay/Frist type of "Christian nationalism" is deeply antagonistic to the Catholic Tradition. I believe that it even verges on a kind of blasphemy, as it wraps the cross in the flag. But for Rudenstine to argue that there is no place for faith in public discourse -- or in law schools -- not only shows not only that he has not done his homework (as Mike Perry suggests), but that he would throw the religious baby out with the dishwater, thereby impoverishing the quality of debate within law schools and marginalizing (or excluding) those students who seek to integrate faith, reason and public responsibility in their lives. This constitutes a kind of secularist fundamentalism that is as unsophisticated, un-nuanced and dogmatic as any religious fundamentalism. In my opinion his statements are also unworthy of the great Jewish ethical and social traditions that is Yeshiva's legacy, but I will let someone from those traditions adress that with more authority than I could muster. Among the many tragedies of the Republican/Religious Right rapprochment is that it produces this kind of argument.

--Mark

WHAT IS "FAITH" ANYWAY?

Is the posting below, from Brian Leiter's blog, another example of the ignorant tendency to reduce all faith/religion to religious fundamentalism?  Is David Tracy a religious fundamentalist?  Bernard Lonergan?  Karl Rahner?  Surely Rudenstine could have chosen a more precise, informative label than "faith".

"Faith challenges the underpinnings of legal education."

So said Dean David Rudenstine of Cardozo Law School (which is part of a religious university, Yeshiva University).  Story here; an excerpt:

In a provocative address last week to some 200 undergraduate counselors from northeastern universities, the dean of the Benjamin N. Cardozo School of Law warned of a "collision course with democratic order and social unity" as politically outspoken religious leaders wield increasing influence over the nation's public policy.

Dean David Rudenstine, himself a political activist in the 1960s as an attorney for the American Civil Liberties Union and like-minded groups, further suggested that U.S. jurisprudence and legal education were "very much on the defensive," in part because strict secularism as a legal paradigm is seen by the faithful — including some at Christian law schools — as an insufficient context for policy issues such as abortion rights, homosexual marriage, stem-cell research and Darwin's theory of evolution.

Mr. Rudenstine said that America's law schools have a social responsibility, especially at a time of religious fundamentalism, to foster reasoned debate over the facts and science of such controversial matters. To shirk this role, he suggested, would be to leave the way clear for faith-based organizations to impose "divisive" views.

"Faith challenges the underpinnings of legal education," Mr. Rudenstine declared. "Faith is a willingness to accept belief in things for which we have no evidence, or which runs counter to evidence we have."

He added, "Faith does not tolerate opposing views, does not acknowledge inconvenient facts. Law schools stand in fundamental opposition to this."

I admire Dean Rudenstine's courage in speaking forthrightly on this subject.
_______________

Michael P.

United Church of...

Apropos Rob's last post, perhaps that institution should rename itself the "United Church of, Well, Whatever." I gather it hasn't been noticed that recognition of Christ as Lord no longer requires Catholics to regard others as necessarily damned or hopeless.

Jesus Is Lord (Well, on second thought . . .)

The John Danforth column posted by Michael is a valuable reminder that recognizing the limits of human knowledge is a prudent stance when translating religious convictions into public policy.  The danger is when that stance begins to overwhelm foundational religious convictions themselves.  I initially thought this was a spoof, but Christianity Today reports that the United Church of Christ is set to defeat a resolution proclaiming that "Jesus Christ is Lord."  As one pastor complained, "there is a judgmental quality to [the resolution] that implies very strongly that those who do not agree with us are condemned or damned or hopeless - and that's exactly the thing that UCC is against."

Rob

RELIGION IN POLITICS, AGAIN

The New York Times
June 17, 2005

Onward, Moderate Christian Soldiers

St. Louis

IT would be an oversimplification to say that America's culture wars are now between people of faith and nonbelievers. People of faith are not of one mind, whether on specific issues like stem cell research and government intervention in the case of Terri Schiavo, or the more general issue of how religion relates to politics. In recent years, conservative Christians have presented themselves as representing the one authentic Christian perspective on politics. With due respect for our conservative friends, equally devout Christians come to very different conclusions.

It is important for those of us who are sometimes called moderates to make the case that we, too, have strongly held Christian convictions, that we speak from the depths of our beliefs, and that our approach to politics is at least as faithful as that of those who are more conservative. Our difference concerns the extent to which government should, or even can, translate religious beliefs into the laws of the state.

People of faith have the right, and perhaps the obligation, to bring their values to bear in politics. Many conservative Christians approach politics with a certainty that they know God's truth, and that they can advance the kingdom of God through governmental action. So they have developed a political agenda that they believe advances God's kingdom, one that includes efforts to "put God back" into the public square and to pass a constitutional amendment intended to protect marriage from the perceived threat of homosexuality.

Moderate Christians are less certain about when and how our beliefs can be translated into statutory form, not because of a lack of faith in God but because of a healthy acknowledgement of the limitations of human beings. Like conservative Christians, we attend church, read the Bible and say our prayers.

But for us, the only absolute standard of behavior is the commandment to love our neighbors as ourselves. Repeatedly in the Gospels, we find that the Love Commandment takes precedence when it conflicts with laws. We struggle to follow that commandment as we face the realities of everyday living, and we do not agree that our responsibility to live as Christians can be codified by legislators.

When, on television, we see a person in a persistent vegetative state, one who will never recover, we believe that allowing the natural and merciful end to her ordeal is more loving than imposing government power to keep her hooked up to a feeding tube.

When we see an opportunity to save our neighbors' lives through stem cell research, we believe that it is our duty to pursue that research, and to oppose legislation that would impede us from doing so.

We think that efforts to haul references of God into the public square, into schools and courthouses, are far more apt to divide Americans than to advance faith.

Following a Lord who reached out in compassion to all human beings, we oppose amending the Constitution in a way that would humiliate homosexuals.

For us, living the Love Commandment may be at odds with efforts to encapsulate Christianity in a political agenda. We strongly support the separation of church and state, both because that principle is essential to holding together a diverse country, and because the policies of the state always fall short of the demands of faith. Aware that even our most passionate ventures into politics are efforts to carry the treasure of religion in the earthen vessel of government, we proceed in a spirit of humility lacking in our conservative colleagues.

In the decade since I left the Senate, American politics has been characterized by two phenomena: the increased activism of the Christian right, especially in the Republican Party, and the collapse of bipartisan collegiality. I do not think it is a stretch to suggest a relationship between the two. To assert that I am on God's side and you are not, that I know God's will and you do not, and that I will use the power of government to advance my understanding of God's kingdom is certain to produce hostility.

By contrast, moderate Christians see ourselves, literally, as moderators. Far from claiming to possess God's truth, we claim only to be imperfect seekers of the truth. We reject the notion that religion should present a series of wedge issues useful at election time for energizing a political base. We believe it is God's work to practice humility, to wear tolerance on our sleeves, to reach out to those with whom we disagree, and to overcome the meanness we see in today's politics.

For us, religion should be inclusive, and it should seek to bridge the differences that separate people. We do not exclude from worship those whose opinions differ from ours. Following a Lord who sat at the table with tax collectors and sinners, we welcome to the Lord's table all who would come. Following a Lord who cited love of God and love of neighbor as encompassing all the commandments, we reject a political agenda that displaces that love. Christians who hold these convictions ought to add their clear voice of moderation to the debate on religion in politics.

John C. Danforth is an Episcopal minister and former Republican senator from Missouri.
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Michael P.

Thursday, June 16, 2005

IN RE TERRI SCHIAVO

Steve Bainbridge's posting, earlier today, came to mind when I read the following posting, by philosopher David Velleman, on Left2Right:

post mortem on the autopsy