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.

Monday, August 16, 2004

A democratic and republican religion

Here is a provocative essay, in The New Criterion, by Fordham law professor Marc Arkin. Among other things, Arkin states:

The tension between secularism and religion is a fundamental and enduring part of American culture, a tradition as longstanding as the Puritan jeremiad itself. Instead, I would argue that the present-day issue is not the absence of religion from the public arena, but that religion has become a commodity like any other product of mass culture, leaving it all but bereft of its power to support independent moral norms.


After an interesting historical presentation, Arkin concludes:

This democraticization—and religious proliferation—may be the inevitable accompaniment of the voluntarism that is American religion’s great source of strength and energy. To be at once “republican and democratic” is an inherently unstable state of affairs, as the founding generation well understood. In that vein, today’s last word should go to Matthew Arnold. In Culture and Anarchy, he wrote, “One may say that to be reared a member of a national Church is in itself a lesson of religious moderation, and a help towards culture and harmonious perfection. Instead of battling for his own private forms for expressing the inexpressible and defining the undefinable, a man … has leisure and composure to satisfy other sides of his nature as well.” Of course, Arnold was thinking about an English church of a bygone era, but it remains true that having to confront and conform one’s thoughts to a received body of faith and tradition is a steadying influence in life, if only as a matter of self-discipline and its moral consequences. In succumbing to the forces of democraticization and becoming an indistinguishable part of the wider culture, American religion has to a great degree relinquished that role.

Rick

A Call for Reckoning: Religion and the Death Penalty

A new book is out, published by Eerdman's, called "Religion and the Death Penalty: A Call for Reckoning." The book grew out of a conference held at the University of Chicago a few years ago, and includes contributions by Mario Cuomo, E.J. Dionne, Jean Bethke Elshtain, Avery Cardinal Dulles, Gilbert Mailaender, Stanley Hauerwas, Khaled Abou El Fadl, George Ryan, and many more. A paper of mine is also included. Order the book for your institution's library!

Rick

Sisk and Reid on Bishops, Abortion, and Communion

Our colleague Greg Sisk has a new paper, co-authored with Charles Reid (also at University of St. Thomas School of Law), "A Question of Communion." The paper, in my view, is excellent, and well worth reading. It treats, in a measured and charitable way, a number of the issues we (and many others) have discussed about the role of Catholics in public life, the responsibilities of bishops, etc.

Rick

The Missionary Position

[I thought that the following item, by Martin Marty, would interest readers of this blog.]


Sightings 8/16/04

The Missionary Position
-- Martin E. Marty

"Strange bedfellows: Paul Wolfowitz and Hillary Clinton, Donald Rumsfeld
and Michael Ignatieff, Thomas Friedman and William Safire" applauded the
last State of the Union Address (2002) with its claim (paraphrased
accurately here by anthropologist Richard A. Schweder) "that there are
non-negotiable demands for the design of any decent society;"
non-negotiable "because they are grounded in matters of fact concerning
universal moral truths" and that they can be defined "in ways that are
(a) substantial enough to allow the United States to lead the world ...
in the direction of reform, and also (b) objective enough to avoid the
hazards of cultural parochialism and ethnocentrism -- for, as [the
President stated] We have no intention of imposing our culture."

Schweder, a former colleague and lively skeptical questioner, calls this
triad "the missionary position." Advice: haste ye to the library and
read his "George W. Bush and the Missionary Position" in Daedalus
(Summer, 2004), as it would make an excellent charter for discussion in
church, state, school, town hall, or Great Books Club. I'm serious.
Reaction to the State of the Union's claims suggest a notable divide,
"not between Left and Right, liberal and conservative, Democrat and
Republican" but "between those who embrace universalizing missionary
efforts of either a religious (Christian, Islamic) or secular (human
rights, international liberationist) sort -- and those who react to such
missions with diffidence, doubt, distrust, indignation, and even fear."

Schweder, of course, is in the second group. For what it's worth, with
Isaiah Berlin, I would be ready to say that there are absolutes, but
that no one can be sufficiently sure of one's own grasp of any to impose
them on societies. Schweder's analysis is so tightly packed that I
cannot reproduce it here; he is not interested in promoting mere
relativism. But he does show that past attempts -- I'd say every past
attempt -- to live out, always by force (for states need force of arms
or capital or clout), this "missionary position" has been shown in later
times or by others to have been parochial, provincial, and
culture-bound. Exhibit A: when the British took the missionary position
in the 19th century, accepting "the white man's burden" to impose its
civilization on a savage world. Schweder illustrates by referencing the
different ways freedom of speech, freedom of religion, family privacy,
and respect for women have been lived with, often creatively, beyond the
scope of any missionary position and imposition.

My question, using his four illustrations: we "Bible believers" would be
hard pressed, would we not, to find Old or New Testament or Christendom
era (313-1776?) discoveries, claims, or supports for what the President
called defenses of liberty and justice "because they are right and true
and unchanging for all people everywhere." All people? Ancient Israel?
Early, medieval, or most "Reformation" Christianity? We had to borrow
from the Enlightenment (1776, 1789) to find the right and true things
that we have come to support.

One Christian "right and true and unchanging" virtue professed in the
biblical tradition is humility. Even with Bob Dylan's phrase, "with God
on our side," the "missionary position" always lacks that central motif.

Reference: Daedalus:
Journal of the American Academy of Arts and Sciences, Volume 153, No. 2,
pp. 26-36. Schweder's essay is one of eight on "Progress."

----------

Sightings comes from the Martin Marty Center
at the University of Chicago
Divinity School.

Saturday, August 14, 2004

An Addendum to Rob's "Summer Book Report"

The Church and JPII have an ally in Noam Chomsky, who wrote the following in his book For Reasons of State (1973) at page 404:

"A vision of future social order is . . . based on a concept of human nature. If in fact man is an infinitely malleable, completely plastic being, with no innate structures of mind and no intrinsic needs of a cultural or social character, then he is a fit subject for 'shaping behavior' by the state authority, the corporate manager, the technocrat, or the central committee. Those with some confidence in the human species . . . will try to determine the intrinsic human characteristics that provide the framework for intellectual development, the growth of moral consciousness, cultural achievement, and participation in a free community."

Michael

Friday, August 13, 2004

Summer Book Report

Alas, the downside of letting a bunch of law profs operate a blog, as MoJ readers have invariably realized, is its tendency to ebb and flow with the rhythms of the law school calendar, and August represents the last gasp of the summer break. In that regard, I've just returned from an extended visit to the heartland, with infrequent internet access. But I have spent some time with books, and one in particular deserves a mention. I haven't always embraced everything George Weigel has written, but his Letters to a Young Catholic is well worth reading. He offers glimpses into various physical landmarks of the Catholic faith, using them to reflect on broader aspects of the Catholic self-conception and worldview.

Weigel has an uncanny ability to capture the essence of complex ideas in accessible language, as reflected in his discussion of G.K. Chesteron's espousal of orthodoxy as a bulwark against oppression. Weigel brings Chesteron's thought forward into the debate over the biotech revolution, noting that for today's scientist revolutionaries,

Humankind . . . is infinitely plastic; remanufacturable, if you will. And that's what they intend to do -- remanufacture the human condition by manufacturing human beings.

Anyone who imagines that that can be done without massive coercion hasn't read Huxley. The brave new world . . . is a world of overwhelming coercion in the name of the highest ideals. The sacramental imagination is a barrier against the brave new world because it teaches us that the givens in this world have meaning -- including the final givenness, which is death. (96-97)

I was reminded of this passage when I heard news reports of the Vatican's purportedly anti-feminist statement on women. Extracting meaning from "the givens" was the task undertaken by the Congregation for the Doctrine of the Faith in its letter on The Collaboration of Men and Women in the Church and in the World. Tackling an uncommonly volatile topic, the CDF concludes that "[t]he defence and promotion of equal dignity and common personal values must be harmonized with attentive recognition of the difference and reciprocity between the sexes where this is relevant to the realization of one's humanity, whether male or female." The challenge, of course, is to identify the contours of authentic human realization, which requires distinguishing gender differences embodied in creation from differences constructed by society. (You can read a critical religious take on the CDF's letter here.)

In any event, Weigel's highly personal glimpse into what it means to be Catholic is a refreshing read for those accustomed to seeing the Church defined primarily by its rejection of prevailing cultural norms; he offers an affirmative articulation of the faith through an array of its real-world embodiments.

Rob

Tuesday, August 10, 2004

Cum Hoc Ergo Propter Hoc

[A reader of this blog, who is also an alum of Notre Dame--Eric Kniffin--kindly answered the question I included in my most recent post. Here's the answer, from an online encyclopedia:]

Correlation implies causation, also known as cum hoc ergo propter hoc, is a logical fallacy by which two events that occur together are claimed to be cause and effect.

For example:

Teenage boys eat lots of chocolate.
Teenage boys have acne.
Therefore, chocolate causes acne.

This argument, and any of this pattern, is an example of a false categorical syllogism. One observation about it is that the fallacy ignores the possibility that the correlation is coincidence. But we can always pick an example where the correlation is as robust as we please. If chocolate-eating and acne were strongly correlated across cultures, and remained strongly correlated for decades or centuries, it probably is not a coincidence. In that case, the fallacy ignores the possibility that there is a common cause of eating chocolate and having acne.

For example:

Ice-cream sales are strongly (and robustly) correlated with crime rates.
Therefore, ice-cream causes crime.

The above argument commits the cum hoc ergo propter hoc fallacy, because in fact the explanation is that high temperatures increase crime rates (presumably by making people irritable) as well as ice-cream sales.

Another observation is that the direction of the causation is wrong and should be the other way around.

For example:

Gun ownership is correlated with crime.
Therefore, gun ownership leads to crime.

The facts could easily be the other way round: increase in crime could lead to more gun ownership with concerned citizens. See: wrong direction.

Another example illustrating this fallacy was a study which found that British arts funding levels had an extremely close correlation with Antarctic penguin populations.

The statement "correlation does not imply causation" notes that it is dangerous to deduce causation from a statistical correlation. If you only have A and B, a correlation between them does not let you infer A causes B, or vice versa, much less 'deduce' the connection. In fact, if you only have these two occurrences, even the most powerful inference techniques built on Bayesian Networks can't help much. But if there was a common cause, and you had that data as well, then often you can establish what the correct structure is. Likewise (and perhaps more usefully) if you have a common effect of two independent causes.

But while often ignored, the advice is often overstated, as if to say there is no way to infer causal structure from statistical data. Clearly we should not conclude that ice-cream causes criminal tendencies (or that criminals prefer ice-cream to other refreshments!), but the previous story shows that we expect the correlation to point us towards the real causal structure. Robust correlations often imply some sort of causal story, whether common cause or something more complicated. Hans Reichenbach suggested the Principle of the Common Cause, which asserts basically that robust correlations have causal explanations, and if there is no causal path from A to B (or vice versa), then there must be a common cause, though possibly a remote one.

Reichenbach's principle is closely tied to the Causal Markov Condition used in Bayesian networks. The theory underlying Bayesian networks sets out conditions under which you can infer causal structure, when you have not only correlations, but also partial correlations. In that case, certain nice things happen. For example, once you consider the temperature, the correlation between ice-cream sales and crime rates vanishes, which is consistent with a common-cause (but not diagnostic of that alone).

In statistics literature this issue is often discussed under the headings of spurious correlation and Simpson's paradox.

David Hume argued that any form of causality cannot be perceived (and therefore cannot be known or proven), and instead we can only perceive correlation. However, we can use the Scientific method to rule out false causes.

An entertaining demonstration of this fallacy once appeared in an episiode of The Simpsons (Season 7, "Much Apu about Nothing"):

Homer: Not a bear in sight. The "Bear Patrol" must be working like a charm!
Lisa: That's specious reasoning, Dad.
Homer: Thank you, dear.
Lisa: By your logic I could claim that this rock keeps tigers away.
Homer: Oh, how does it work?
Lisa: It doesn't work.
Homer: Uh-huh.
Lisa: It's just a stupid rock. But I don't see any tigers around, do you?
Homer: Lisa, I want to buy your rock.

Saturday, August 7, 2004

Where's the Beef? Or, What "Explanation"?

I just read Ferguson's piece--the whole thing. Alas, I can't find any explanation for the suggested relationship bewteen "faith" and "work". Isn't there a formal name for the following fallacy:

1. A has more C than D does.
2. A also has more E than D does.
3. Therefore, A has more E than D does *because* A has more C than D does.

Maybe I'm missing something. Wouldn't be the first time.

(If I weren't so hard at work this Saturday afternoon in early August, I'd probably be able to think about this matter more carefully ...)

Michael

Work and Faith: A Connection?

Historian Niall Ferguson ably summarizes the familiar data on how much less Europeans work than Americans and then offers a very provocative explanation:

I cannot resist suggesting another possible explanation - one that owes a debt to Weber's famous essay The Protestant Work Ethic and the Spirit of Capitalism, which he wrote almost exactly a century ago.
Weber believed he had identified a link between the rise of Protestantism and the development of what he called "the spirit of capitalism". I would like to propose a modern version of Weber's theory, namely "The Atheist Sloth Ethic and the Spirit of Collectivism".
The most remarkable thing about the transatlantic divergence in working patterns is that it has coincided almost exactly with a comparable divergence in religiosity.
It's the sort of theory tailormade for somebody with my particular set of biases, so I'm forcing myself to be very skeptical. In any event, do go read the whole thing. It's very well done.

Friday, August 6, 2004

State Power and "Community Cohesiveness"

The magazine Christianity Today reports that a British pastor is under police investigation for criticizing Islam. Here's an excerpt from a British news report:

POLICE today launched an investigation into comments by a Norwich religious leader branding Islam "an evil religion".

The Rev Dr Alan Clifford, pastor of Norwich Reformed Church, yesterday told the Evening News he backed the views of BNP leader Nick Griffin, who was shown in a TV documentary telling party members Islam was a "vicious, wicked faith."

His comments sparked outrage among fellow religious leaders and anti-racist groups.

The Evening News was today contacted by the Race Crime Unit of Norfolk police to provide further information about Dr Clifford's comments, after saying they were concerned his remarks could damage "community cohesiveness".

Abraham Eshetu, diversity officer at Norfolk police, said: "We will be investigating the comments made by Mr Clifford."

In addition to the obvious implications this has for religious liberty and freedom of speech, there are serious concerns raised for the social viability of mediating structures (and subsidiarity more generally) when the trump of state power is brought to bear on groups that are perceived to threaten "community cohesiveness."

Rob