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 5, 2005

Carozza on the Common Good

Here is an excellent essay, exploring the idea of the "Common Good" in Catholic thought, by friend-of-MOJ Paolo Carozza.  Having just returned from a conference -- a wonderful one -- where many speakers and participants invoked this idea, but few took the time to pin it down, I really appreciated Carozza's clear account:        

First, the common       good involves the good of each person in society; it cannot be the aggregation       of a “collective interest” that considers the good of some number       of individuals to outweigh the good of others. Second, the common good consists       in the conditions that permit each of those persons, in community with others,       to reach for themselves their fulfillment, to develop “the human vocation”(to       use the Catechism’s beautiful phrase). So, the “blessings of       liberty” are a part of the common good exactly so that each of us,       acting together with others in the communities that together give life to       our society as a whole, can be free to develop a life “founded on       truth, built up in justice, and animated by love”(again, using the       language of the Catechism). . . .

      The common good does not give us formulas for how to love the dying or how       to guide our children. By referring always to the good of persons, a concrete       human good in all its dimensions, the common good, in the end, points us       toward a mystery, toward something as inexhaustible as the destiny of humanity.       That is what ultimately makes a commitment to the common good a drama of       freedom and not merely an ideological project.

Rick

Theocracy Watch

Here's an illuminating, cautionary item, "The Joys of a State Church," from the Christianity Today weblog:  "Those worried that evangelicals' participation in politics may produce a theocracy may take comfort from Western Europe, where church and state have mingled for centuries. The closer church and state get, the more the church looks like the state."  (Thanks to Amy Welborn).

Rick

Friday, June 3, 2005

Social Movements and Legislation

Fordham law prof Jennifer Gordon has posted a useful paper for those interested in the relationship between a social movement and its legislative achievements.  Titled "A Movement in the Wake of a New Law: The United Farm Workers and the California Agricultural Labor Relations Act," the abstract suggests that the paper may also offer insight to those seeking to bring the transformative power of faith-driven movements into the legal realm:

How does the passage of a new law affect the social movement that pursued it? Law and social movements scholarship suggests that the "implementation phase" following a legislative victory is a particularly challenging one, with agency capture, bureaucratic foot-dragging, and state co-optation undermining the movement's capacity to deliver what it has promised. This paper, however, tells a different story. In 1975, the United Farm Workers (UFW) succeeded in passing the Agricultural Labor Relations Act, an extraordinary law governing farm labor organizing in California, with provisions much more pro-worker than the National Labor Relations Act. For several years beginning in 1975, the UFW used the new law as a springboard to build its farm worker representation to new heights, despite challenges introduced by the state's comprehensive regulation of the unionization process. I analyze why the Act proved so helpful to the UFW during this period, both drawing on and contesting the more pessimistic law and social movement literature. I conclude that the implementation phase is a richer one than we commonly recognize, with possibilities that depend greatly on the political environment, the type of law in question, and on the particular movement's history, experience with law as a part of its organizing strategy, and level of cohesion and engagement at the time of the law's passage. These possibilities coexist with the tensions that inevitably plague efforts to make new rights real.

(HT: Solum)

Rob

Getting Serious About IVF

Amy Welborn posts a bill introduced in the Kentucky legislature that would make it a felony to fertilize more than one egg during IVF.  Now I certainly have some concerns for my friends and family members who have pursued IVF, but I hardly consider their efforts felonious.  I'm open to being persuaded otherwise . . .

Rob

UPDATE: Jonathan Watson emailed me his take on what the legislature's intent might be:
I think that the legislature in Kentucky is attempting to end-round therapeutic cloning. I believe that many IVF procedures create 3 blastocysts (I am unsure of the exact technical designation at that point, although I think that "fertilized egg" is a misnomer) or more, of which usually only one implants. The others are either discarded or leave the body "naturally." However, one way around directly creating "therapeutic clones" would be to initiate IVF and use the unimplanted "baby" babies from which to harvest stem cells, thereby killing them. In essence . . . IVF aborts the unimplanted children automatically. Since they are not therapeutic clones, money from insurance companies which pays for IVF for couples could be indirectly used (whether federally-provided or not) to fund stem cell lines.

Was Jesus an Embryo?

This is a question that has never crossed my mind, but Tom DeLay's recent invocation of Christ's status as an embryo in defense of all embryos everywhere has prompted Beliefnet to explore the issue in depth.

Rob

Thursday, June 2, 2005

Abortion Rate Changes: What do the Statistics Show?

Are the recent claims that abortion declines have stalled or reversed during the Bush administration's years based on bad statistics?  Pro-life liberal Glen Stassen originally wrote the articles (for example this one) proposing, based on data from 16 states, that abortions had begun to increase during the Bush years after declining during the Clinton years.  More complete statistics from the Alan Guttmacher Institute, based on 44 states, now indicate that "abortion rates continued to decline in 2001 and 2002, although the rate of decline has slowed since the early 1990s."  But Stassen responds that even if there has been some continued decline, nevertheless "the dramatic decline in number of abortions of the '90s to 300,000 fewer abortions per year has now stalled almost to a stop."  The emerging consensus seems to be that there has been a statistically significant slowdown in the decline of abortion rates; how much the decline has slowed is a matter of debate, based in part on how one interprets the statistical margins of error.

Tom B.

human embryo transfer discussed in NCBQ

For a very helpful introduction to the moral debate on human embryo transfers, take a look at the Spring 2005 issue of the National Catholic Bioethics Quarterly. That issue contains six papers (evenly divided) on the issue. These papers contain citations to the burgeoning literature on the topic.

Richard

Moralization, National Purpose, Sacrifice, and Abortion

Like Rob, I have doubts about whether our response to 9/11 reflects a renewed "moralization," sacrifical commitment, and sense of national purpose that might be turned to combat the evils of abortion.  But my skepticism has less to do with the Iraq/antiterrorism effort itself -- which has indeed involved sacrifices by many brave soldiers and their families -- than with the fact that so little sacrifice has been asked of the rest of us in pursuit of this effort.  The fundamental weakness that has exposed us to Islamic terrorism is our dependence on Middle Eastern oil, yet the administration has done little to encourage conservation, presumably because that would require sacrifice from tens of millions of gas-guzzling Americans, not just from the small percentage who are military members and their families.  The administration has handled the cost of the war not by rerversing some of the tax cuts for the wealthiest Americans, who (and I include myself) could afford to pay more taxes, but rather by running up a large deficit that is likely to be passed onto future generations.  Let's criticize the Democrats too to the extent they oppose any efforts, even means-testing, to reform Social Security in order to put it on sounder footing for future generations.  But granting the Democrats' sins, I still don't think that the administration has really given us a solid sense of national purpose:  it hasn't expended the political capital to persuade the majority of Americans that the war on terror is a national effort for which they as individuals ought to sacrifice.

Turning to abortion, there is a new plan on the table now to mobilize the resources of American civil society in a national campaign to combat abortion.  It's the "95-10" initiative proposed by Democrats for Life of America, which aims to "reduce the number of abortions in America by 95 percent in the next 10 years."  The package includes severaI components, but among them are funding programs to promote adoption, to help crisis pregancy centers, and to encourage daycare centers on college campuses.  The package thereby joins increases in some government safety-net programs (like Special Nutrition for Women, Infants, and Children) with efforts to support private community-based agencies that are out there trying to provide alternatives to abortion.  There are also restrictions on abortion such as right-to-know and parental-notification provisions.

Such a package of proposals will run into opposition, no doubt, not only from those on the left who don't want to do anything to discourage abortion, but also from those on the right who don't want government to spend any more money to help those in need.  But doesn't a proposal like this reflect what Bottum hopes for:  a "sense of national purpose" and a "will to halt [or at least significantly reduce] the slaughter of a million unborn children a year"?  Yes, the proposal leaves out criminalization of abortion (which would still be struck down in the courts now); but it does include several of the restrictions (noted above) that are likely to survive judicial review.  Yes, in theory one can fight abortion simply by means of restrictions without doing anything to help or provide alternatives to pregnant women in difficult circumstances:  but does anyone really support that kind of policy?  And yes, one can welcome alternatives to abortion without supporting them through government funding:  one could rely on wholly privately-funded initiatives and the renewed moral sense of individuals.  But only if America as a nation encourages those initiatives will the effort reflect the "sense of national purpose" that Bottum hearkens for and that he finds in our military and democracy-building efforts in Iraq (which, needless to say, are government programs on a big scale).  Note again that much of the 95-10 initiative gives weight to considerations of subsidiarity by relying on the government funding  private, community-based providers, not on the government itself providing the services.

But this brings me back to my worry about our ability to sacrifice.  Abortion without government restriction has become pervasive in our society in large part because the alternatives appear to require people to make significant sacrifices:  for the woman, to bear the child and put on hold other important plans in her life, and for taxpayers, to commit the resources to care for and provide alternatives for millions of children who would otherwise be aborted.  A real war against abortion (one that didn't just lay all the burden on pregnant women) would require sacrifices from large numbers of Americans, in a way that the war on terror as pursued to date has not.  Because the war on terror has as pursued has not accustomed most of us to any sacrifices, I have doubts about Bottum's claim that it has laid a groundwork for national efforts against abortion.  The impetus, I think and hope, will have to come from elsewhere.

Tom B.

Debate on Embryo Adoption

From the May 30 Washington Post:

Some Catholic theologians are encouraging married couples to adopt unwanted embryos from fertility clinics. Others vehemently oppose the idea, calling it a grave violation of the principle that procreation should occur naturally.

The Vatican has not yet taken a stand. But if Pope Benedict XVI rules against embryo adoption, as some doctrinal conservatives expect, it could create a fissure between Catholics and evangelical Protestants, who have enthusiastically promoted embryo adoption and enlisted the White House's support for it.

Any thoughts from co-bloggers or readers on whether embryo adoption would (as one theological critic puts it) "make Catholics complicit in test-tube fertilizations, which the church considers illicit"?  Or is it (as a theological supporter puts it) a justifiable act of "reaching out to another human being, albeit in an embryonic state, in the only way that that little being can be helped"?

Tom B.

Christianity Today on Evangelical-Catholic Relations

The leading evangelical magazine has a June 2005 editorial "We are Brothers":

Why the sudden change [from hostility to cooperation between evangelicals and traditionalist Catholics]? John Paul II offered a winsome face of Christianity to the world and leaves behind a Roman Catholic Church firmly opposed to moral relativism. He reinforced the Second Vatican Council's commitment to seek renewal in the sources of classic Christianity—Scripture and the church fathers. And while significant differences remain—examples include ecclesiastical authority, the means of grace, and the relationship of justification to sanctification—evangelicals can confidently engage a Catholic Church committed to fundamental Christian truths. . . .

Numerous factors converged to create favorable conditions for this achievement. Having already fought together to defeat communism, Protestants and Catholics now turned inward to combat the decadence of secularism. Abortion became a potent rallying point. Finding enemies in their own respective camps, kindred spirits reached across the theological front to arrange new alliances.

Unlike so much mid-20th-century ecumenism, recent Catholic-evangelical efforts acknowledge the lingering hurdles. The motto of John Paul II's papacy—Totus Tuus (Totally Yours)—highlights his disturbing embrace of Marian devotion. Evangelicals and Catholics have made little progress on the central issue of ecclesiology, especially in areas of papal authority and infallibility, notions repugnant to most Protestants. Megachurches swell their numbers significantly from the ranks of nominal Catholics. They will continue to do so absent concerted re-evangelization efforts from the Catholic leadership.

Tom B.