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.

Wednesday, January 12, 2005

Trinitarian Products Theory

I have just posted under my name at the side an essay which was published in the Villanova Journal of Catholic Social Thought together with the other papers from the October 2003 Symposium on Catholic Social Thought & the Law. The abstract is below. As I am currently working on its sequel for the March 2005 Gaudium et Spes conference in the Vatican, I would be most grateful for comments and especially for critique.

ABSTRACT:

Amelia J. Uelmen, Toward a Trinitarian Theory of Products Liability, 1 J. Catholic Social Thought 603-645 (2004)

At a time when law school curriculums are heavily sprinkled with “Law &” seminars that explore the rich connections between legal theory and the most varied social sciences and arts, and given that the texts of Catholic Social Thought are pregnant with a profound and multi-layered social critique, it would seem that its robust integration with jurisprudence is long overdue. Among legal specializations, several obvious candidates for integration leap to mind.

In the list of obvious candidates, however, many might not include products liability. How would such seemingly technical and scientific standards for the production of material goods intersect with Catholic Social Thought? Similarly, no one would be surprised that legal theorists have not yet identified the deeply mysterious theological doctrine of the Trinity as a lens for products liability analysis.

Yet spurred on by the conviction that Catholic Social Thought can offer profound solutions to the knottiest dilemmas in products theory, and encouraged by William Stuntz’s recent challenge to move beyond the “ordinary” and “conventional” in order to probe the depths of the unique resources that Christian theology may offer to legal theory, this essay sets out a few initial ideas as a first step toward a “Trinitarian” theory of products liability.

The essay begins with a brief outline of some of the overarching themes in products liability, and a story that illustrates what could be considered one of the principal tensions: the profound disconnect between how economic analysts and ordinary citizens who make up civil juries define the standard for a “reasonably designed” product.

The second section aims to show that the philosophical and analytical framework of Catholic Social Thought can do much to help flesh out the critique of predominant products liability theories largely influenced by economic analyses.

The final sections move beyond critique to consider what a relatively new current of thought in Catholic theology that sets out the Trinity as a model for social life might offer to products liability theory. Specifically, it considers two hotly debated areas in products theory—the role of cost-benefit analysis, and the Third Restatement’s recent formulation of the definition of a defective product—to test whether Catholic Social Thought viewed through a “Trinitarian” lens might promise creative solutions.

Bibliographies for Catholic (and more broadly Christian) Legal Scholarship

Students doing research at the intersection of law and Christian thought might be interested in the two bibliographies linked on the left hand column of this page.

Integral Formation of the Human Person

As we begin another semester, I thought Prof. Izaguirre's essay entitled "The Urgency of an Integral Formation" might be of interest to students and faculty alike. 

"Four Urgent Challenges"

During his traditional State of the World address to the ambassadors of the 174 countries having full diplomatic relations witht he Holy See, Pope John Paul II highlighted the four urgent challenges now facing humanity today: the challenge to life, the challenge to provide food to the hungry, the challenge to bring peace and the challenge of freedom.  A Zenit summary of his address can be accessed here, and the full text here.

Susan

Tuesday, January 11, 2005

PRAY

Back in October I posted a short tribute to my stepfather; the conclusion mentioned a sign he had made:

A couple of days after Bob died, I was cleaning out his truck and found his old, beat-up lunch cooler. Inside the cooler's lid, he had taped a piece of paper on which he had written the word "PRAY" in big letters. Whenever he opened the cooler, he saw that sign. Bob would not have had much to add to the discussions on Mirror of Justice, but his hand-lettered sign looms large as I contemplate the integration of faith with my intellectual pursuits. If I'm simply trying to sound more clever than the next person or using my God-given ability to grasp for more and more academic prestige, I've missed the point. The intellectual exploration of faith cannot be mistaken for the life of faith. Thanks, Bob.

A reader requested a copy of the sign.  As we begin a new year on Mirror of Justice, I figure it wouldn't hurt to have a visible reminder of Bob's lesson:

P2030091_1

Monday, January 10, 2005

Sweden and Economic Freedom

Thanks to Michael for posting the interesting article comparing the state of things in the United Kingdom and Sweden.  I note, by way of friendly amendment to the arguments advanced by the author of the article that, according to the 2005 Index of Economic Freedom (link), which was put out by the "neo-liberal" (or, perhaps, neo-conservative?) Heritage Foundation, Sweden is one of the "freest" countries in the world (14th, just behind the United States).  It strikes me as not quite right, then, for the author of the piece to suggest, as he does, that Sweden's solid performance in a number of economic and social categories tells us much about how countries that pursue economic and social policies dramatically different from the UK's (or the USA's) fare in terms of controlling poverty.  (Sweden is also, I suppose, one of the more "secular", and certainly one of the more ethnically and culturally homogenous, of the "developed" nations -- two characteristics that might make it less useful as a model for American thinkers).

Rick

Something for Catholic social theorists to think about?

Sweden proves neoliberals wrong about how to slash poverty
George Monbiot
Tuesday January 11, 2005

Guardian

'Does not already the response to the massive tidal wave in south-east Asia," Gordon Brown asked on Thursday, "show just how closely and irrevocably bound together... are the fortunes of the richest persons in the richest country to the fate of the poorest persons in the poorest country?"

The answer is no. It is true that the very rich might feel sorry for the very poor, and that some of them have responded generously to the latest catastrophe. But it is hard to imagine how the fate and fortunes of the richest and poorest could be further removed. The 10 richest people on earth have a combined net worth of $255bn - roughly 60% of the income of sub-Saharan Africa. The world's 500 richest people have more money than the total annual earnings of the poorest 3 billion.

This issue - of global inequality - was not mentioned in either Brown's speech or Tony Blair's simultaneous press conference. Indeed, I have so far failed to find a reference to it in the recent speeches of any leader of a G8 nation. I believe that the concern evinced by Blair and Brown for the world's poor is genuine. I believe that they mean it when they say they will put the poor at the top of the agenda for the G8 summit in July. The problem is that their concern for the poor ends where their concern for the rich begins.

There is, at the moment, a furious debate among economists about whether global inequality is rising or falling. No one disputes that there is a staggering gulf between rich and poor, which has survived decades of global economic growth. But what the neoliberals - who promote unregulated global capitalism - tell us is that there is no conflict between the whims of the wealthy and the needs of the wretched. The Economist magazine, for example, argues that the more freedom you give the rich, the better off the poor will be. Without restraints, the rich have a more powerful incentive to generate global growth, and this growth becomes "the rising tide that lifts all boats". Countries which intervene in the market with "punitive taxes, grandiose programmes of public spending, and all the other apparatus of applied economic justice" condemn their people to remain poor. A zeal for justice does "nothing but harm".

Now it may be true that global growth, however poorly distributed, is slowly lifting everyone off the mud. Unfortunately we have no way of telling, as the only current set of comprehensive figures on global poverty is - as researchers at Columbia University have shown - so methodologically flawed as to be useless.

But there is another means of testing the neoliberals' hypothesis, which is to compare the performance of nations which have taken different routes to development. The neoliberals dismiss the problems faced by developing countries as "growing pains", so let's look at the closest thing we have to a final result. Let's take two countries which have gone all the way through the development process and arrived in the promised land of prosperity. Let's compare the United Kingdom - a pioneer of neoliberalism - and Sweden, one of the last outposts of distributionism. And let's make use of a set of statistics the Economist is unlikely to dispute: those contained within its own publication, the 2005 World in Figures.

The first surprise, for anyone who has swallowed the stories about our unrivalled economic dynamism, is that, in terms of gross domestic product, Sweden has done as well as we have. In 2002 its GDP per capita was $27,310, and the UK's was $26,240. This is no blip. In only seven years between 1960 and 2001 did Sweden's per capita GDP fall behind the UK's.

More surprisingly still, Sweden has a current account surplus of $10bn and the UK a deficit of $26bn. Even by the neoliberals' favourite measures, Sweden wins: it has a lower inflation rate than ours, higher "global competitiveness" and a higher ranking for "business creativity and research".

In terms of human welfare, there is no competition. According to the quality of life measure published by the Economist (the "human development index") Sweden ranks third in the world, the UK 11th. Sweden has the world's third highest life expectancy, the UK the 29th. In Sweden, there are 74 telephone lines and 62 computers per hundred people; in the UK just 59 and 41.

[There's more.  Click here.   mp]

Fish on Religion in the Academy

In the Chronicle of Higher Education, Stanley Fish has an essay titled "One University Under God?"  Here's the thrust of the piece:

When Jacques Derrida died I was called by a reporter who wanted know what would succeed high theory and the triumvirate of race, gender, and class as the center of intellectual energy in the academy. I answered like a shot: religion.

(Thanks to CT for the lead.)

Rob

Forming America's Identity . . . One Invasion at a Time

I'm not ambitious enough to venture a comprehensive answer to Michael Scaperlanda's query regarding the pope's vision of national vocation -- i.e., the "unique gifts" the United States can offer the "world community in building a civilization of love." I will say, however, that many of our actions in the war against terrorism seem to be entirely disconnected from such a venture. Instead, we appear willing to bring about considerable suffering outside of our borders in order to decrease the likelihood of suffering within our borders. As President Bush said in justifying the invasion of Iraq, "I'm not willing to stake one American life on trusting Saddam Hussein."
(Read the full speech here.) Nations of course should take actions to defend their borders and maintain their viability -- otherwise they would be unable to participate in the broader task outlined by the pope. But it seems that this task is turned upside down when a nation uses the mere possibility (however remote) of a future terrorist attack as a justification for conduct that knocks out the pillars on which the world community has been formed.

This is not to suggest that the pursuit of democracy is inconsistent with the pope's vision of national purpose; but a self-serving, violent pursuit of democracy in which potential threats to one nation's citizens are used as trumps against the claims to life and dignity voiced by other nations' citizens cannot seriously be considered a sincere effort to build a "civilization of love."

Rob

Sunday, January 9, 2005

"Taking Christian Legal Thought Seriously" Conference

The "Taking Christian Legal Thought Seriously" Conference was held yesterday in San Francisco, in conjunction with the AALS annual meeting.  It was a wonderful and stimulating event, and thanks are due to MOJ-ers Mark Sargent and John Breen (and also to the Law Professors Christian Fellowship and the Lumen Christi Institute for their support and sponsorship).  MOJ speakers included Mark, John, and Susan Stabile, and also Jim Gordley, Scott Pryor, Mark Scarberry, David Smolin, and Charles Reid.  (It felt like Steve Bainbridge was also there, since his work and thought was addressed by many of the speakers!)  Archbishop Levada joined us for Vespers after the conference, which was a real treat.

I know that some of the speakers presented completed papers, and I hope they will make them available, soon.  I encourage all the MOJ folks who attended to post their thoughts about, and reactions to, the various presentations.

I'll say more later, but I was inspired by the various speakers' efforts to engage the challenge to which this blog is a response, namely, trying to work through what it would mean to have a meaningfully Catholic, or Christian, Legal Theory. 

Rick