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.

Tuesday, June 14, 2016

Berger on "The Good of Religious Pluralism"

Is "pluralism" a given, to be "dealt with" or "managed" -- or, is it a good thing in itself?  The answer depends, I suppose, on what we mean by "pluralism."  With the question in mind, here's an interesting essay by Peter Berger, in First Things, called "The Good of Religious Pluralism."  (The essay summarizes Berger's recent bookThe Many Altars of Modernity.) Here's a bit:

Secularization theory was not completely false; it was a massive exaggeration of what was a correct insight. It is beyond dispute that secular discourse, probably originating in modern science and technology, has transformed human life. (One such transformation: In premodern societies, almost half of all children died before age five; today most children, even in poor countries, live to adulthood.) The distinguished Canadian philosopher Charles Taylor wrote a big book with the title A Secular Age (2007). He gives a rich description of what he calls the "secular frame," a view of the world without religious transcendence. But he exaggerates the degree to which this discourse has pushed religion to the margins. We don't live in a secular age; we live in a pluralist age.

This pluralist age has important implications for religion, but they are different from those of secularity. We can speak of two pluralisms. The first concerns the fact that many religions and worldviews coexist in the same society. This is not unique to the modern era. The second kind of pluralism involves the coexistence of the secular discourse with all of these religious discourses. This pluralism, which is uniquely modern, has tended to accentuate the first kind, the pluralism of religions and worldviews. When I'm sick and my doctor is Jewish or Hindu, our shared secular vocabulary gives us a commonality that makes our religious differences something almost scandalous. How is it that we can agree on medical and other scientific or technical questions, yet not on ultimate matters?

There are some people who avoid the scandal of pluralism because they operate exclusively within a secular or a religious discourse (say, atheist Swedish sociologists, or Russian monks who practice the perpetual Jesus Prayer). However, most people of faith today manage to operate within both discourses. The question is not whether this can be done; we know that millions of people do it. The interesting question is how they do it.

Russell Moore on "culture warrioring"

In the April 2016 issue of First Thingsthere's a short notice in Rusty Reno's "Public Square" section on Russell Moore's new book, "Onward:  Engaging the Culture Without Losing the Gospel."  As Reno describes, Moore proposes an alternative both to the older, "Moral Majority" notion of "taking back" "Christian America" and to the almost-certainly-naive notion that it's possible and necessary to "move beyond" the "culture wars."  "As [Moore] knows, we can't avoid them. . . .  The battle is coming to us, even if church leaders wish to avoid controversy."  Moore:  "If we do not surrender to the spirit of the age -- and we must not -- we will be thought to be culture warriors.  So be it.  Let's be Christ-shaped, Kingdom-first culture warriors."  I take it that "Christ-shaped" means, necessarily, charitable, humble, merciful, etc.  

Interestingly, almost a year ago, Moore warned his fellow Protestant Christians about Donald Trump and the costs of endorsing or embracing his campaign:  

Jesus taught his disciples to “count the cost” of following him. We should know, he said, where we’re going and what we’re leaving behind. We should also count the cost of following Donald Trump. To do so would mean that we’ve decided to join the other side of the culture war, that image and celebrity and money and power and social Darwinist “winning” trump the conservation of moral principles and a just society. We ought to listen, to get past the boisterous confidence and the television lights and the waving arms and hear just whose speech we’re applauding.

Here, Rod Dreher compares Moore's stance and tone to his own "Benedict Option" work.

Hillary Clinton: Another, and Rather Different, View

After reading Rick's post, I noticed that Cornell law prof Steve Shiffrin (here) and others have linked to this defense of Hillary Clinton, a defense now attracting a lot of attention on the web.  Thought that given Rick's post, some MOJ readers would be interested in reading another view.

Monday, June 13, 2016

Percy on "Novel-Writing in an Apocalyptic Time"

From a 1986 essay by Walker Percy:

Everyone remembers exactly where he was and what he was doing when Kennedy was shot -- how places and things and people and even green leaves seemed to be endowed with a special vividness, a memorable weight.  But what the novelist is interested in is the in-between times, the quality of ordinary Wednesday afternoons, which ought to be the best of times, but are, often as not, times when places, people, things, green leaves seems to be strangely diminished and devalued.

Could it be that his paradoxical diminishment of life in the midst of plenty, its impoverishment in the face of riches, is the peculiar vocation of the novelist to catch a glimpse of, by reason of his very dislocation, but also because none of the experts seem to recognize its existence, let alone explain it?  There is something worse than being deprived of life:  it is being deprived of life and not knowing it.

 

Judicialism at work (and at rest) in Katzmann/Kavanaugh/Katzmann interchange over interpretation

The June issue of the Harvard Law Review carries a book review by Judge Brett Kavanaugh of the United States Court of Appeals for the D.C. Circuit. The book reviewed is by Judge Robert Katzmann of the United States Court of Appeals for the Second Circuit. The Harvard Law Review Forum runs a response by J. Katzmann to J. Kavanaugh. The interchange is stimulating. I particularly appreciate the insights each brings to bear from their appellate adjudication experience. These pieces are the sort of "extrajudicial writings ... in which judges engage in self-reflection and situate their own thought in relation to their peers, past and present" that Marc DeGirolami and I tried to call attention to in our article on Judge Posner & Judge Wilkinson.

A thought and a prayer for my fellow Catholics and other Christians (and myself)

I suppose we ought not to be surprised by the fact that many Catholics and other Christians are swept along by cultural trends, no matter how antithetical they are to Biblical principles and the firm and constant teaching of the Church. 'Twas ever thus. (Indeed, 'twas thus for the ancient Hebrews, too, as scripture makes more than abundantly clear.) And Christians who fall in line with a trend always find ways to say that the trend, whatever it is, is compatible with Christian faith--even dictated by it! It's hard for human beings to actually be countercultural, and Christians are human beings just like everybody else.

So when Marxism is in vogue, there will be self-proclaimed Christian Marxists. When Fascism is fashionable, there will be self-identified Christian fascists. When racial subordination and segregation is the cultural norm, we'll baptize it. When eugenics is popular among the cognoscenti, there will be Christians claiming that eugenic practices and policies constitute Christian love in practice. If polyamory becomes the next cause embraced by the beautiful people and the cultural elite, we will start hearing about the Christian case for group marriage---"love cannot be arbitrarily confined to pairs." And on and on.

Being human, we crave approval and we like to fit in. Moreover, we human beings are naturally influenced by the ways of thinking favored by those who are regarded in a culture as the sophisticated and important people. When push comes to shove, it's really hard to be true to Christian faith; the social and personal costs are too high. We Christians praise the martyrs and honor their memories, but we are loath to place in jeopardy so much as an opportunity for career advancement, or the good opinion of a friend, much less our lives. So we tend to fall in line, or at least fall silent. We deceive ourselves with rationalizations for what amounts to either conformism or cowardice. We place the emphasis on whatever happens in the cultural circumstances to be the acceptable parts of Christian teaching, and soft-pedal or even abandon the parts that the enforcers of cultural norms deem to be unacceptable. We make a million excuses for going along with what's wrong, and pretty soon we find ourselves going along with calling it right.

Jesus says, "if you want to be my disciple, you must take up our cross and follow me." We say, "um, well, we'll get around to that at some point."

May God have mercy on us.

Sunday, June 12, 2016

Walker Percy on "A Theory of Man"

From his essay, "Is a Theory of Man Possible?":

. . . I suspect that most of us, whether we consciously profess it or not, are already equipped with a theory of man.  indeed, it is hard to imagine how one can live one's life and work with other people day in and day out unless one has already made certain assumptions about one's own nature as well as other people's.  It may be as impossible for us not to have a theory of man as it is impossible tor primitive man not to have a theory of the world and its origins. . . . 

Saturday, June 11, 2016

My New Hero: Archbishop Arthur Roche

I've discovered a new hero over the past few days:  the Secretary of the Congregation for Divine Worship and the Discipline of the Sacraments, Archbishop Arthur Roche.  Below is a picture of him delivering a delightful catechesis on the Good Samaritan this morning in the Church of San Salvatore in Lauro, as part of the Jubilee celebrations for persons with disabilities.  And yesterday, his office announced the raising the celebration of the memorial of St. Mary Magdalene to the dignity of a liturgical Feast, recognizing the importance of her role as the “apostle to the apostles.”  In his announcement, Archbishop Roche wrote:

Saint Mary Magdalene is an example of true and authentic evangelization; she is an evangelist who announces the joyful central message of Easter.”

“The Holy Father Francis took this decision precisely in the context of the Jubilee of Mercy to signify the importance of this woman who showed a great love for Christ and was much loved by Christ,” writes Archbishop Roche.

He also notes Saint Mary Magdalene was referred to as the “Apostle of the Apostles” (Apostolorum Apostola) by Thomas Aquinas, since she announced to them the Resurrection, and they, in turn, announced it to the whole world.

“Therefore it is right that the liturgical celebration of this woman has the same grade of feast given to the celebration of the apostles in the General Roman Calendar, and shines a light on the special mission of this woman, who is an example and model for every woman in the Church.”

 

IMG_3743

 

More on "The Only Vote Worth Casting"

In response to this post ("MacIntyre's 'The Only Vote Worth Casting' Revisited) from a few days ago, I received a bunch of emails (that is, "a bunch" by Mirror of Justice standards!). A few thoughts, following up:

First, in response to those who (usually indignantly) disagreed with my expressed view that both major parties' nominees are corrupt and unworthy . . . yes, I get it that Mrs. Clinton knows more about foreign affairs and has more experience in government than does her opponent.  This fact is not inconsistent with the accuracy of the adjectives I've used to describe her (and her opponent).  In my view, she is unworthy of the office she is seeking.  Her record is that of a person who is -- in addition to being substantively wrong on a number of very important issues -- corrupt, dishonest, hypocritical, and vicious . . . and not in garden-variety-politician ways.  I think denying this requires one to forget or sugarcoat a whole lot about the last 25 years of her public life.  Her opponent's pandering to, e.g., ugly nativism (and low-information views on immigration, NATO, trade, etc.) doesn't change the facts about her and her record. 

Second, another friend expressed concern that, by refusing to vote for Mrs. Clinton even though her opponent is as unworthy as he is, I was effectively ruling one of our two major parties as completely illegitimate.  I don't think I am. The Democrats are, at present, "all in" on the wrong side of certain issues that I think are important, but I am entirely willing to concede that reasonable and faithful people can conclude -- indeed, I also believe -- that their positions on some issues are better than those of the Republicans.  I think my views about the upcoming election would be different -- given who is the Republicans' nominee -- if the Democrats' nominee were, say, Tim Kaine or Joe Donnelly, or any number of other honest and other-regarding public servants with whom I have some serious policy disagreements.

Third, in response to some friends who seem to think I don't realize how bad a Clinton administration would be with respect to the staffing of the executive branch and executive agencies, to the composition of the federal courts, and to the coercive use of executive power against religious institutions:  No, I get it.  If one has the views I do about what the Constitution means, about how federal spending and contracting conditions (and licensing, accreditation, etc.) should be used, about the culture-shaping power of the President's bully pulpit, then one cannot avoid the conclusion that the election of Mrs. Clinton (especially if that election is accompanied by a takeover by her party of Congress) will have negative and very long-lasting effects.  She and her administration will be strongly ideologically motivated to push a number of policies that I think are unjust.  Unfortunately, the people who turned out to vote in the Republican primaries voted in a way -- and they did have options -- that will probably bring about those effects.

Fourth, I am deliberately not getting into the debate over whether or not one "may" -- morally -- vote for either of these two nominees.  For now, I'm assuming it's possible to come down either way (but I don't think anyone should feel good about either choice).

Fifth (and related to the third point):  Yes, I do realize that the press applies double-standards and is (to put it mildly) inconsistent in terms of the outrage and scrutiny it directs at the two parties and their candidates.  This doesn't mean, though, that the Republicans' presumptive nominee isn't entirely unworthy of nomination (let alone election).  (See my first point, above.)      

In my view, Catholics should view the two parties as vehicles, and not as tribes or as aspects of our identities.  The Republican Party has -- in my view -- been, for most of my life, the better vehicle for things like judicial nominations, education reform, anti-Communism, protections for unborn children, religious-freedom rights, and some other things.  If that Party nominates Mr. Trump, it is hard to see how it can continue, as a Party (put aside particular candidates), after the 2016 election, to serve as a useful vehicle on these and other issues.  So . . . I'm hoping that the GOP convention installs Mitch Daniels.

Friday, June 10, 2016

Here we go . . . California going after religious colleges

Story here.  A reminder to those inclined to dismiss those who worry about religious-freedom rights as "culture warriors":  The "culture warriors" are, in fact, those who are coming after religious freedom.