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, May 7, 2024

Call for Papers: Annual Fred C. Zacharias Memorial Prize for Scholarship in Professional Responsibility

Submissions and nominations of articles are being accepted for the fifteenth annual Fred C. Zacharias Memorial Prize for Scholarship in Professional Responsibility.  To honor Fred's memory, the committee will select from among articles in the field of Professional Responsibility with a publication date of 2024.  The prize will be awarded at the 2025 AALS Annual Meeting in San Francisco.  Please send submissions and nominations to Professor Samuel Levine at Touro Law Center: [email protected].  The deadline for submissions and nominations is September 1, 2024.

Friday, May 3, 2024

Should there be Jewish classical schools?

The classical school movement, especially the Christian classical school movement, is proving to be a great success. This has given rise to a debate in the Jewish community as to whether it should be emulated. Should there be Jewish classical schools? A Jewish friend did me the honor of asking for my opinion. I'll share it here.

The best in and of Western civilization is the achievement and gift of the Jews. The principles that animated the building of Western civilization and inform its constitutive understandings are Jewish. It is, of course, true that Christianity embraced these principles and built the institutions of Western civilization. But Christianity did not invent them, nor did it revise them. (Indeed, they are central to Christianity itself. In that sense—a very profound sense—Christianity is a Jewish religion. I sometimes refer to it as “the other Jewish religion.”) Writers such as Eric Cohen, Rabbi Mitchell Rocklin, and my former student Rabbi Meir Soloveichik are right to give credit to Judaism for these principles and all the insights and achievements made possible by those--Jews and Christians alike--acting on a sound understanding of them and a faithful commitment and adherence to them.

I yield to no one in my appreciation and esteem for the great pagan philosophers and jurists of antiquity, above all Aristotle, Plato, and Cicero. But the foundational truths—the great insights—that made our civilization (its institutions, its moral and spiritual breakthroughs) possible did not come from them. They came from the Jews. Obviously, there is ethical monotheism itself—the greatest of all the gifts of the Jews. And then it was the Jews—no one else—who came to understand (we believers would say, “to whom it was revealed”) that the human person, though fashioned from mere dust of the earth, is nevertheless made in the very image and likeness of God.

As much as I honor Plato and Aristotle, it is not their teaching, but rather the teaching of the Jewish religion that instructs us on the source, foundation, meaning, and full implications of human rationality and freedom—and thus of the profound, inherent, and equal dignity of every member of the human family. Much the same is true of the understanding of marriage and the family. Truly it’s impressive that Plato and Aristotle, without the benefit of the Jewish revelation, were able to attain critical perspectives on the immoral practices of their culture, and even articulate some important truths about marriage and the family. But they could only approximate the profound and beautiful teaching of Genesis 2.

In their essay “The Spirit of Jewish Classical Education,” Cohen and Rocklin did not, as some critics insist, make the Jews “the main actors in some other mighty civilization’s story.” They claimed credit where credit was in fact due, and they reminded their fellow Jews of their mission and calling to repair and rebuild what Jewish wisdom had made possible. Whatever else Western civilization is, it is a Jewish civilization, and the Gentiles who are part of it are among the Nations to which Israel has been a light. In proposing the building of Jewish classical schools, Cohen and Rocklin want to share with Jewish children not only the basic Jewish insights but all the learning that has been achieved by Christians as well as Jews that is ultimately rooted in those insights. This is scarcely, as one critic maintains, a “ploughing of someone else’s furrow,” or a “reaping of someone else’s harvest.”

My advice is to go for it: launch the Jewish classical education movement.

Henry Garnet, S.J., R.I.P.

On this day, in 1606, Henry Garnet, S.J. was hanged by St. Paul's Cathedral in London.  (The crowd reportedly pulled on his legs, during the hanging, so that he would die before the usual disemboweling.)  He was a student of Robert Bellarmine and had been, for some time, the head of the Jesuit mission in England, and he was executed for (in addition, of course, the offense of being a Jesuit in England) failing to reveal his (alleged) knowledge of some details of the "Gunpowder Plot."  (In Macbeth, Shakespeare mocks Garnet, by reference, as the "equivocator.")   Ora pro nobis. 

Father Henry Garnett

Henry Garnet, S.J., R.I.P.

On this day, in 1606, Henry Garnet, S.J. was hanged by St. Paul's Cathedral in London.  (The crowd reportedly pulled on his legs, during the hanging, so that he would die before the usual disemboweling.)  He was a student of Robert Bellarmine and had been, for some time, the head of the Jesuit mission in England, and he was executed for (in addition, of course, the offense of being a Jesuit in England) failing to reveal his (alleged) knowledge of some details of the "Gunpowder Plot."  (In Macbeth, Shakespeare mocks Garnet, by reference, as the "equivocator.")   Ora pro nobis. 

Father Henry Garnett

Monday, April 29, 2024

A critique of "free speech" in the university

I offer some thoughts over here. One matter that provoked this post concerns the question of constitutional law creep. The frameworks of law, especially constitutional law, seem to be spilling over as guides in areas of human life where they do not belong. Perhaps because they are the only ones that are taken to be authoritative any longer. That is certainly the case for free speech in the university context. It would also be true if we instead used a First Amendment associational model. Universities really are not, per my friend Paul Horwitz, "First Amendment institutions" (to take nothing away from Paul's superb book). They are institutions precedent to--and different in kind, purpose, and function than--the American Constitution.

Friday, April 26, 2024

Cavadini on "Research and the Catholic Intellectual Tradition"

It's by John Cavadini (Notre Dame) so "self-recommending," etc., but I also highly recommend this piece at Church Life Journal.  In particular, it should be a must-read for all administrators and leaders and benefactors and faculty of Catholic universities that might be tempted to imagine that the path to flourishing, or "relevance", is to relegate "Catholic" stuff to residential life and campus ministry, or to water down Catholic universities' mission, character, and charism to vague and unobjectionable nice-words like "sustainability", "inclusion", and "justice".  As many of us have said, many times, on this blog over the last 20 (!) years, a Catholic university is only interesting if, and to the extent that, it is Catholic.  And, as every reasonable and informed observer knows, but as many still need to be reminded, there is no dissonance between the well-functioning (correctly understood) of a university and the (meaningfully) Catholic intellectual tradition.

Monday, April 22, 2024

Cyril O'Regan on the Legacy of Benedict XVI

My colleague at the University of Notre Dame, Cyril O'Regan, has a great essay up at Church Life Journal on "The Legacy of Benedict XVI".  Here's a bit:

A fundamental element in speaking the truth is to expose the systemic inhospitality of the modern secular state towards Christianity that can at inopportune moments verge into open hostility. This is not to say that the secular world is always wrong in its criticisms of the behavior of the Church that has at times been both reprehensible and scandalous (e.g. the sex abuse crisis) and that the secular world has not been justified in pointing to the way in which the Church—similar to most worldly institutions—is too often guided by the instinct of self-preservation and self-reproduction. For Benedict, as for John Paul II, the world can provide moments for Christian self-inspection and ample opportunities for repentance. Still, overall, for Benedict, the “neutrality” of the modern secular world is as a matter of fundamental principle “armed”: it constructs the Catholic Church as irredeemably authoritarian both in its basic structure and in its public performance towards the world; as substituting an irrational faith for reason, which if objectionable in itself becomes more objectionable as it serves to sponsor violence. Further, it constructs the Church as recommending ways of thinking that straightjacket free inquiry (thereby making it incomprehensible how the university came into being under the tutelage of Catholicism) and engender unfree forms of living contrary to genuine human flourishing.

For Benedict, to respond critically to secular modernity is first to avoid being provoked by it; it is to exercise discernment and discriminate between what is hale and harmful in it; what can be sanctioned by reason understood against the backdrop of its full philosophical amplitude and what in it agrees with the Wisdom (reason as both substantive and holistic) that Christianity attempts both to honor and perpetuate. Demonization of secular modernity is reaction-formation, thus hostage to what it would deny as well as betraying a lack of confidence in the ultimate persuasiveness of truth it would proclaim. Benedict understands that the dominant narrative of secular modernity, to the effect that everything valuable concerning the ratification and protection of human rights depends upon reason’s critique of and separation from Christianity, is entirely self-serving, and deliberately ignores the insights bequeathed to it by the Christian tradition.

Thursday, April 18, 2024

The Anniversary of Smith

(Posted one day late)

Employment Division v. Smith was decided 34 years ago today: April 17, 1990. Someone born after Smith still couldn't assume the presidency in January 2025 after winning election this cycle--but it's getting close. And Smith set off a long chain of events: The passage of the Religious Freedom Restoration Act and its state equivalents. The switching of sides by many people on the question of religious exemptions--many conservatives becoming proponents, many progressives becoming opponents--when issues involving the sexual revolution came to dominate public debate over religious freedom. The current Court's reading of Smith in ways that are relatively protective of religious freedom. What a long strange trip it's been.

Thursday, April 4, 2024

John Inazu at Notre Dame on "Learning to Disagree"

 

John Inazu Poster 11x17 (1)

Wednesday, April 3, 2024

"Freedom and Truth": Tomorrow at The Catholic University of America, Columbus School of Law

Please join us, if you are able, for the Center for Law and the Human Person's second annual spring symposium tomorrow. The conference is Freedom & Truth, with lectures by Professors Gerard Bradley ("Freedom of the Church"), Catherine Pakaluk ("Freedom of the Family"), and Carl Trueman ("Freedom of the Human Person"). The schedule is below and attendance is free. And please say hello if you come.

Freedom and Truth Schedule