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, October 3, 2004

Definitely Not the Dems (or the Reps)

I was perhaps so enchanted by my own indignation and flights of rhetoric that I was more obscure than I should have been in my last post, which Rick and Rob replied to so cogently. Let me offer some clarifications and explanations -- and maybe a manifesto for the SGP will begin to emerge (at least as a thought experiment, if not a political reality.)

1. By way of clarification: I definitely did not want to suggest that all Catholics needed was the grafting of a pro-life plank onto the Democratic platform. While I am drawn more to them for obvious reasons, they do not offer a coherent political philosophy or series of positions from an SGP perspective. Philosophically, the party is amost reflexively secularist and antireligious. More specifically, their position on important issues as school choice are unacceptable to me. To that extent, I agree with Rick. I'm not sure, however, that he woulld agree with my other reservations about the Dems. What really bothers me about them is that the current party is almost as bad (tho definitely not as bad) as the Republicans on fundamental economic issues.

2. By way of explanation: I share a commitment to open, capitalist economies. I'm all for entrepreneurship. I even spent nine years running a law & entrepreneurship program representing technology entrepreneurs, and currently serve on the board of a mutual fund with $6 billion in assets. I'm definitely no socialist. I'm also a realist about capitalism as it is practiced in the US. That is why I react negatively to conservative phobia about "statism." Here are my concerns
First, to limit the discussion to politics for a moment. Republicans are often very statist. They love to use the resources of the state to solve their competitive problems by turning state resources to their own advantage (ie, Halliburton.) I love rock-ribbed Republican businessman waxing poetic about the free market while suckling on the public teat (what an image!). There are a variety of approaches to state intervention in the economy that need to be considered on their own merits, and without reflexive condemnation as statist.
Second, and more broadly, my position is that Catholics need an approach to economic policy that not only releases entrepreneurial energies, but which attempts (as a priority) to address the savage inequalities that our economic system has created in the US (not to mention the rest of the world). There is obviously a problem of distributive justice that cannot be addressed simply by asserting that a rising tide lifts all boats. I certainly believe that democratic capitalism is the best possible system we know, but also believe that it can have many forms, and some forms are more unjust (and non Catholic than others.) The indicia of inequality suggest that our system is becoming more unjust, rather than less. Catholic social teaching's preferential option for the poor cannot be addressed simply by assuming that the market will take care of these profound distributional problems. It obviously hasn't. The response will be that I can't assume anything else will do better, but American democratic capitalism has in fact done better in addressing inequality in the past.
Third, the fundamental sickness at the heart of democratic capitalism doesn't have anything to do with whether it is more or less statist. The sickness is its materialism, its idolatry of wealth and consumerism, and its obsession with rights rather than reciprocity and solidarity. Both the Republicans' obsession with economic liberty and the Dems obsession with rights talk compound rather than solve that problem. The SGP will be free (and obligated) to address the need for spritual renewal of the human person.

3. So what I am proposing for purposes of discussion is a genuine third party that is animated by Catholic social teaching (which includes the seamless garment image) , not a pro life Democratic party.

-Mark

Seamless Garment Party: Defining the Base

I agree with Rick (below) that the Seamless Garment Party (see Mark's post below) would have to do more than graft a pro-life plank onto the Democratic Party's platform. Certainly there will be some thorny issues, the resolution of which would invariably thin the SGP's ranks. That said, the potential voter base of such a venture appears significant, and it extends far beyond Catholic voters. Indeed, Ron Sider, the most prominent voice in the social justice wing of the evangelical movement, relies heavily on Catholic social teaching in reminding us that God is not a Republican or a Democrat. Besides pointing out the interesting fact that Pope John Paul II is now significantly more admired than Jerry Falwell among evangelicals, he makes the broader case that the ethic of life calls us to transcend the polarized, woefully deficient visions of the common good espoused by both parties:

What has happened to the "consistent ethic of life," suggested by Catholic social teaching, which speaks against abortion, capital punishment, poverty, war, and a range of human rights abuses too often selectively respected by pro-life advocates?

The Religious Right’s grip on public debates about values has been driven in part by a media that continues to give airtime to the loudest religious voices, rather than the most representative, leaving millions of Christians and other people of faith without a say in the values debate. But this is starting to change as progressive faith voices are speaking out with a confidence and moral urgency not seen for 25 years. Mobilized initially by the Iraq war, the prophetic groups have hit a new stride in efforts to combat poverty, militarism, and human suffering in places like Sudan.

In politics, the best interest of the country is served when the prophetic voice of religion is heard—challenging both right and left from consistent moral ground. The evangelical Christians of the 19th century combined revivalism with social reform, and helped lead movements for abolition and women’ suffrage—not to mention the faith-based movement that directly preceded the rise of the Religious Right, namely the American civil rights movement led by the black churches.

The truth is that most of the important movements for social change in America have been fueled by religion—progressive religion. The stark moral challenges of our time have once again begun to awaken this prophetic tradition. As certain fundamentalists lose influence, nothing could be better for the health of both church and society than a return of the moral center that anchors our nation in a common humanity. If you listen, these voices can be heard rising again.

Rob

Saturday, October 2, 2004

Mark's Clarion Call

Like Michael Perry, I respect and am inspired by Mark's passion (below). And, as a matter of habit -- and perhaps even of principle -- I'm inclined to join Michael in saying "Amen" to Mark's call for a new "Seamless Garment Party."

Unfortunately (for me), I probably could not join or support this Party. With all due respect, it is simply not clear that an authentically Catholic, social-justice program -- one that is animated by a commitment to principles of solidarity and subsidiarity -- must include counter-productive, market-distorting, and statist social-welfare policies. (Of course, this is certainly not to say -- anticipating objections -- that such a program may be robotically efficiency-based or ruthlessly individualistic, or that it could neglect social-welfare obligations. It is simply to keep in view the fact that a growing, vibrant, entrepreneurial, and largely free economy is better for rich and poor alike).

What is more -- in response to a claim that seems implicit in Mark's and Rob's diagnoses -- it strikes me that the problems with today's Democratic Party go far deeper than "life issues." That Party's orthodoxy with respect to school choice, religious freedom, the nature and scope of state power, and the function and integrity of mediating associations are -- in my judgment -- quite at odds with the "human flourishing" that Mark hopes his new Party would promote.

To be clear -- I share, to an extent, Mark's frustration with the political options presented to Catholics. I have no doubt that many Republicans do, as Mark and Rob suggest, cynically exploit at election time -- without actually promoting -- Catholic values. (That said, I believe Mark inaccurately characterizes President Bush's Catholic outreach, and his Catholic-consonant positions, as "fraudulent" and "hypocritical.") I doubt also, though, that a authentic Seamless Garment Party could be achieved simply by grafting Catholic pro-life positions onto the Democratic Party's economic and foreign-policy platforms.

Pax,

Rick

Friday, October 1, 2004

Amen, Mark!

Passionately and, in my judgment, rightly stated. Thank you.

Michael

Time for a New Political Party

Rob's well-expressed dismay with both the fraudulence of Bush's "Catholic Team" pronouncements and Carroll's mixture of good sense about Bush and whitewashing of of Kerry's failure to contend with the implications of his faith for his public position on abortion almost makes me wish for a public square without faith-based discourse. But then I realized that today's faith based discourse is no more dishonest or degraded than what passes for public secular discourse. So, we shouldn't be singled out for exclusion!

Be that as it may, this election makes very visible the dilemma of many Catholics -- call us the Seamless Garment crowd -- who reject the Catholic Right's insistence that Cardinal Bernardin's linkage of abortion, war, poverty and capital punishment meant that we aren't really serious about ending abortion, and want to see candidates who reflect our encompassing conception of "life."I don't want to get into a theological argument here about the "intrinsic evil" concept of abortion. I want to call for a coalition of Catholics and others who believe that there is linkage among these issues, and who believe that the Democratic Party has impoverished itself and excluded us because of its slavish devotion to the most extreme pro-choice positions and its refusal to enter into any dialogue on the question of abortion. The Party thus has thrown many into the arms of a Republican Party that is fundamentally at odds with the principles of human dignity defined by Catholic social teaching. For all of Bush's "Catholic Team" bravado, he is wrong for Catholics, because Catholics care deeply about economic justice, a non-cynical application of just war principles, solidarity among rich and poor in both the US and around the world, and an end to a clearly unjust regime of capital punishment. We also don't believe that he genuinely cares about "family values"; otherwise he would not be constructing an economy that is destroying so many working families; his defense of marriage is little more than hypocritical homophobia. He defends traditional marriage abstractly while simultaneously undermining the material conditions that make marriage a locus for human flourishing.

There is a need for a religious voice in progressive politics. Such a voice inspired the abolition and civil rights movements, as well as the anti-war and anti poverty movements. That voice is gone now because the Democratic party has made no room for those of us who have even the slightest reservations about abortion and other fundamental Democratic positions relating to human sexuality, reproduction and life and death. So, if there is anyone out there who wants to join me in the new Seamless Garment Party let me know...maybe we can at least make some noise.

-Mark

Thursday, September 30, 2004

Catholic Identity as Political Hardball

I'm hoping that undecided Catholic voters will not limit their research of the presidential candidates to the predictably less-than-helpful insight offered by the GOP in its website, "Kerry Wrong for Catholics." The site gathers some of the more egregious quotes from Kerry on abortion, but also suggests that Catholics should reject Kerry because he opposed elements of the Bush Administration's homeland security efforts, and because he has taken communion at a Protestant church. Not surprisingly, there's no mention of just war, the preferential option for the poor, the death penalty, etc. I also confess to feeling a bit squeamish as I explored the GOP's "Catholics for Bush" website, which prominently features a "photo album" apparently designed to bolster Bush's Catholic-friendly aura. There are photos of Bush giving a medal to the Pope and plenty of photos of Bush standing with priests and the Knights of Columbus. I generally defend a visible role for religious values and language in our political life, but this struck me as a bit ham-handed. Are we to think that Kerry would refuse a photo op with the Pope? More troubling was the prominence given a photo of Bush praying. I certainly believe that prayer is a valuable element of our politicians' lives, including the public aspects of their lives when events warrant. But deliberately choosing to advertise that fact ("Our President prays in public!") on a campaign website brought to mind Matthew 6:5-6:

When you pray, do not be like the hypocrites, who love to stand and pray in the synagogues and on street corners so that others may see them. Amen, I say to you, they have received their reward. But when you pray, go to your inner room, close the door, and pray to your Father in secret. And your Father who sees in secret will repay you.

Nevertheless, my discomfort with both websites pales in comparison with the revulsion expressed by James Carroll (of Constantine's Sword fame), whose column in the Boston Globe laments the websites' effort to twist Kerry's sincere religious devotion. Carroll portrays the election of Kerry as its own sort of religious contest:

Today, some Catholics, including many bishops, repudiate the theology of the Second Vatican Council, and they are the ones most determined to stop Kerry from being elected. Having a Vatican II Catholic as president of the United States would be a blow against those who hope to roll back the reforms begun at that council. More than that, Kerry's positions on a range of issues, from abortion to the death penalty to the centrality of social justice, mark him not as a renegade Catholic but as one of that increasingly large number of faithful Catholics who understand that moral theology is not a fixed set of answers given once and for all by an all-knowing hierarchy but an ongoing quest for truths that remain elusive.

Needless to say, of all the labels that folks seek to affix to Kerry given his pronouncements on abortion, "Vatican II Catholic" is probably not at the top of the list. But it is Bush himself that pushes Carroll to the brink of reality:

Bush sponsors "faith based" social projects to disguise his agenda of dismantling structures of government that provide basic human needs. Bush cites religion as a way of justifying a politics of exclusion -- wanting America to be a place that bans gay people, keeps women subservient, suspects religious "outsiders" (whether Muslims or atheists). Such religion is the ground of the "us versus them" spirit that defines Bush's foreign policy.

Even in a GOP platform that is, in my view, wildly over the top, I have not seen any reference to banning gays or keeping women subservient. Please correct me if I'm wrong.

Carroll finishes with a flourish of what can only be considered theological malpractice in the cause of political partisanship:

Bush uses religion to justify his penchant for violence, which is manifest in nothing so much as his glib use of the word "evil." Once an enemy is demonized, transcendent risks can be taken to destroy that enemy. We see this apocalyptic impulse being played out in Iraq today. If in order to obliterate "evil" it proves necessary to obliterate a whole society -- so be it. A divinity seen as willing the savage murder of an only son as a way of defeating evil is a divinity that blesses an America that destroys Iraq to save it.

This last sentence, of course, raises some issues bigger than the upcoming election. Is Carroll suggesting that God did not send Jesus as the atoning sacrifice for humankind? Or just that it's an unfortunate truth given its role in justifying future sacrificial violence? And who exactly is using the death of Jesus as an argument for invading Iraq?

In any event, the public square, at least in this election, is assuredly not a religion-free zone. That's a healthy development, albeit an imperfect, frequently messy one.

Rob

Wednesday, September 29, 2004

Greg Kalscheur, SJ

The October 4th issue of AMERICA was in my mail today--and, hey, there's a nice picture of Greg Kalscheur on the back of the issue, in an ad for Jesuit vocations. Take a look.

Fundamentals and the Judiciary

Yesterday Justice Scalia gave a speech at Harvard in which he stated that issues like abortion and assisted suicide are "too fundamental" to be decided by the judiciary. I am sympathetic with that view; the problem, of course, is distinguishing those issues from issues that may be "too fundamental" to be left to majority rule. Certainly our embrace of rulings like Brown v. Board of Education may be distinguished as necessary protection for a disfavored minority, but there are less clear grounds for distinction when we advocate for a more robust and unmistakably anti-majoritarian judicial protection of rights of association or religious exercise, for example. Is the ability of Catholic Charities to resist state compulsion to provide contraceptives "too fundamental" for judicial resolution -- i.e., under Scalia's view, shouldn't we let the citizens of California construct their own conception of reproductive freedom? Or shouldn't we let the citizens of New Jersey determine whether the Boy Scouts should be allowed to discriminate based on sexual orientation? The list goes on, of course; the point, I think, is that we have to be careful when we embrace "the people" as the final arbiter of "fundamental" social controversies. Leaving the definition of the common good up to the one-size-fits-all trump of collective determination might prove riskier than it seems.

Rob

Update on Journal of Catholic Social Thought Conferences

I wanted to bring everyone up to date on the conferences planned by the Journal of Catholic Social Thought this fall at Villanova.

Our conference on "Principles and Practices of Subsidiarity: the Meanings of Subsidiarity for the Law" is the second of our annual conferences on Catholic Social Thought and the Law, and will be held at the Villanova Conference Center on Friday, October 8. Among the speakers are MOJ blogistas Rob Vischer, Paolo Carrozza and yours truly. The four panels are "Subsidiarity and the Liberal State," Subsidiarity and the Bureaucratic State," "Subsidiarity and the Corporation," and "Subsidiarity and Federalism." For an agenda and registration info check here.

Our second conference of the fall is entitled "Catholic Social Teaching and Racism,"and will be held on November 18-19. This is an interdisciplinary conference, including political scientists, theologians, philosophers and sociologists as well as legal academics. Speakers include Albert Raboteau and Douglas Massey of Princeton, Anita Allen and John DiIulio of Penn, Mary Jo Bane of Harvard and other luminaries. This will be an important conference that will demonstrate CST's usefulness for understanding and critiquing racism. For more info check here.

Anyone with questions about these conferences should feel free to contact me.

Tuesday, September 28, 2004

More on Human Rights and Mainline Churches

The mainline-dominated National Council of Churches has objected to the Institute for Religion & Democracy's study suggesting anti-Semitism as a possible motivating factor for mainline churches' foreign policy pronouncements. (See Steve's post below for details on the study.) Christianity Today does not find the objections entirely persuasive.

Rob