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, June 17, 2015

Responses to the Hook-up Culture at WMF

I will be speaking on the topic "Responses to the 'Hook-up' Culture: In Search of Sexual Integrity" at the World Meeting of Families in September.  Here is a summary of my slated talk: 

These days it seems as though coarseness has replaced courtship, but there are signs that a new springtime of sexual integrity is dawning. Drawing on personal experience, current data, and the inspiring work of many, Bachiochi tells the curious story of casual sex today. The reality is that fewer people hook up than is perceived; fewer, still, enjoy it. But the hook-up culture remains pervasive and has created a relationship vacuum. Participate in this multimedia presentation to learn more about how young men and women can find long-lasting, fulfilling love.

In terms of a "new springtime," I intend to highlight the courageous work of those associated with the Love & Fidelity Network (and the many college-based groups that have emerged following the Anscombe Society at Princeton), as well as David and Amber Lapp's work, and the new I Believe in Love website, among others. 

Should MOJ readers know of other organizations, churches, or individuals that are showing signs of success in helping women and men find both reasons and strength to resist the temptations of the "hook-up" culture, do let me know:  [email protected]

"Patents on Life" Conference in Cambridge, UK

I'm very pleased to tell readers about an upcoming conference, "Patents on Life: Through the Lenses of Law, Religious Faith and Social Justice," to be held at Cambridge University, England, on September 4 and 5. (See descriptions here and here.) It is co-sponsored by two institutes focused on Catholic thought and social and legal questions: the Von Hugel Institute at St. Edmund's College, Cambridge, and the Murphy Institute at the University of St. Thomas.

This will be a fantastic occasion bringing Catholic, and more generally Christian, social thought into conversation with law, ethics, and other disciplines on a range of challenging issues with deep implications for human development, social justice, the Church, industry and the marketplace, and the understanding of the human person. The brief online summary of some of the issues:

With the explosion of genetic technology and the drive to access and make use of genetic resources, the issues surrounding the patenting of living things and living material--human, animal, and plant--have become tremendously complex and important.  What is the line between patentable scientific creations and unpatentable features of nature? What effects do patents on human genes, or on genetically modified crops, have on people in poverty or in developing countries? What is a fair allocation of indigenous genetic resources among traditional peoples and multinational corporations? What role should moral objections to particular technologies play in determining whether they can be patented? And what do religious insights have to offer on these legal, moral, and social questions?

As the conference links above indicate, we will be treated to an amazing range of speakers: some of the leading patent-law scholars in Europe and the US, current and former judges handling European patent and IP cases, Catholic and other bioethcists, voices from the practicing bar and the biotech industry--as well as several important figures in the Vatican's approach to intellectual property questions, including Abp. Silvio Tomasi, the Holy See's permanent observer to the UN in Geneva; Steve Colecchi, director of the Office of International Justice and Peace for the USCCB; and the Vatican's lead officials on IP issues and on trade negotiations in Geneva.

If you are a reader in Europe, please consider coming to Cambridge in September (information here). If you're in the US, we understand it would be difficult (but Cambridge is beautiful in September!); in any event, we are working on systems for making the conference video available online after the conference ends. At least some of the conference papers will also be published.

The about-to-drop encyclical will call attention to Catholic teaching on ecology and the environment. Catholic and Christian teaching also have a great deal to say about intellectual property issues (see, e.g., some previous discussions here, here, and here)--and with biotech patents, the IP and environment questions overlap. We hope this conference will advance those connections in many ways.

"The perfectly drawn lines of the law" leading to "a new conception of suicide as a medical treatment"

This story by Rachel Aviv of The New Yorker can also be filed in the "horrifying" and "in case anyone accuses you of being scare-mongering to to warn about how quickly and far-off-the-rails we are going when it comes to human dignity" categories. It is about physician-assisted suicide in Belgium for people with non-terminal illnesses. Especially for those with psychological disorders, the distinction in theory between physician-assisted suicide and physician-promoted suicide is difficult to discern in practice. 

"Why Work?"

A good friend sent along, a few days ago, a wonderful essay -- one that I cannot believe I hadn't encountered before! -- by Dorothy Sayers called "Why Work?"  "Work," she contends (sounding very much like Laborem Excercens) "should be looked upon, not as a necessary drudgery to be undergone for the purpose of making money, but as a way of life in which the nature of man should find its proper exercise and delight and so fulfill itself to the glory of God."  Her critique of what already seemed (50 years ago!) a crassly superficial and consumption-oriented post-War economic situation seems prescient.

Other nuggets include "[t]he only Christian work is good work well done" and "God is not served by technical incompetence; and incompetence and untruth always result when the secular vocation is treated as a thing alien to religion[.]"   But, there's a lot more, and the piece certainly does not map nicely onto today's political and partisan lines and distinctions.  Check it out.

 

Tuesday, June 16, 2015

Horrifying, Part II

Related to Rick's recent post about the advertising in Spain for a prenatal test for Down Syndrome called "Tranquility", here's an equally frightening essay by Renate Lindeman, a spokesperson for the Dutch parent group Downpride. 

She writes:

Denmark was the first European country to introduce routine screening for Down syndrome in 2006 as a public health-care program. France, Switzerland and other European countries soon followed. The unspoken but obvious message is that Down syndrome is something so unworthy that we would not want to wish it for our children or society. With the level of screening among pregnant Danish women as high as 90 percent, the Copenhagen Post reported in 2011 that Denmark “could be a country without a single citizen with Down syndrome in the not too distant future.”

... like other European governments, the Netherlands is currently considering permanently including the NIPT, primarily aimed at Down syndrome, in its prenatal screening program. An American-European-Canadian study on DNA screening for Down syndrome was published in the New England Journal of Medicine this year. Dick Oepkes, chairman of the Dutch NIPT consortium, called results “positive,” stating in a recent interview: “Surveys show women experience waiting for test results arduous. Offering the DNA test as a first step will allow women who consider terminating the pregnancy to make their choice before they have felt the fetus move.”

Lindeman has two children with Down Syndrome.  She gets right to the crux of what's really at stake behind the rhetoric of the push for such testing, including what makes the "Tranquility" advertising approach that Rick found so horrifying:

Screening and selection say nothing about the inherent worth of people with Down syndrome. They say everything about the elevation of the capacity for economic achievement above other human traits. My children are fascinating, demanding, delightful, present, annoying, dependent, loving, cuddly, different, unpredictable and completely human, just like other children. They are not a mistake, a burden or a reflection of my “personal choice,” but an integral part of society.

If we allow our governments to set up health programs that result in the systematic elimination of a group of people quite happy being themselves, under the false pretense of women’s rights, than that is a personal choice — one we have to face honestly.

 

As we await the encyclical

As we await the papal encyclical that will be published this week, my plea to Catholic friends is to receive it in a spirit of willingness to listen and to be taught by the Holy Father. Do not approach it by simply looking for what one agrees with or disagrees with on matters of climate science or anything else. The gift of the papal magisterium to us, the faithful, is just that: a gift--a charism. We are to receive it as such. We can, and no doubt each of us will, appreciate the fact that different teachings or aspects of the teaching contained in the document will be proposed at different levels of authority. That is virtually always true of teaching instruments of this sort. But there will be plenty of time to sort all that out. It should NOT be our first priority. Our first priority should be to open ourselves to learning what is to be learned from the Holy Father's reflections on the physical and moral ecology in the context of the Church's witness to, and proclamation of, the Gospel. We are about to hear the voice of Peter. Our first and most important task is to listen attentively and with open-hearted willingness to be taught.

Decarbonization and abortion

At the Commonweal website, Anthony Annett has posted links to Margaret Archer's response  to a recent piece by Stefano Gennarini in which the latter (fairly, in my opinion) expressed concerns about Archbishop Sorondo's defense of the decision to include Jeffrey Sachs and Ban Ki-moon at a recent Vatican conference on climate change.  I don't want to weigh in on that dust-up, though (well, maybe a little . . . I think Archbishop Sorondo and Archer were simultaneously more defensive and aggressive than was warranted), and instead wanted to say just a bit about Anthony's statement, here, that:

So let the response to such provocation be: “I oppose abortion, but do you oppose decarbonization”? I would like to hear an answer to that question from Stefano Gennarini, George Weigel, Robbie George, Raymond Arroyo, Bill Donohue and all others who seek to downplay and dismiss these concerns.

I would argue that, from a moral perspective, opposing decarbonization is not that different from supporting legalized abortion—you might not be the acting moral agent, but you are still complicit in the structures of sin. Putting it another way, it might not be formal cooperation with evil, but it is certainly material.

I certainly do not "dismiss" concerns about the dangers posed to human well-being by failures to take care of our natural (as well as moral) ecology.  I do worry, though, about connecting too closely something as amorphous as "decarbonization" with the moral wrong of abortion.  I assume that it makes good sense and is the right thing to do to try -- in a way that makes sense and in which the reasonably foreseen costs are not exceeded by the reasonably foreseen benefits -- to "decarbonize" our local, national, and global economies (by, for example, facilitating the increased reliance on nuclear energy).

But, it also seems to me crucial to recall that, with respect to any particular elective abortion, we can say "those who performed and procured that abortion wronged the unborn child, who had a human right not to be violated, and it is unjust that our positive laws permitted that wrong to be done."  It is harder to say, when we observe our neighbor driving by on her way to drop the kids off at school on the way to work, "that neighbor of mine is committing a wrong and it is unjust that she is allowed to do so."

Now, Anthony talks about "material" cooperation and complicity in "structures of sin," and so he might well not disagree with what I said in the previous paragraph.  But, I guess I still have strong reservations about the suggestion that "opposing decarbonization" is similar to supporting abortion -- in part because I assume that none of thinkers Annett mentions "oppos[e] decarbonization" but instead oppose "the idea that decarbonization is a moral imperative that floats above cost-benefit analysis -- that is, the costs and benefits to the flourishing, health, and development of human persons -- of particular decarbonization proposals and policies." 

Monday, June 15, 2015

Horrifying

Something to keep in mind -- and tell others about -- whenever it is suggested that it is "scare-mongering" or "paranoid" to warn about how quickly and far off-the-rails we are going when it comes to respecting the dignity of disabled human persons:

Spain, like the rest of Western Europe, has made gentle peace with the idea of abortion on demand for any reason, including — or perhaps especially — a diagnosis of Down syndrome. This was on naked display this week in Madrid, where Genoma, a Swiss biotechnology company, debuted a building-sized banner advertisement for its latest “non-invasive” prenatal test for Down syndrome. The name of the test — “Tranquility,” could it get any creepier? — stretches out in broad letters above the soft-focus photo of a young girl with Down syndrome.

Read more at: http://www.nationalreview.com/article/419736/abortion-friendly-firm-spain-uses-girl-down-syndrome-its-ads-matthew-hennessey

"Towers of Solid Ivory"

When I first read the last lines of Alasdair MacIntyre's book, After Virtue, I was not quite sure what Professor MacIntyre meant by awaiting another St. Benedict. But I suspected that what he intended was somebody who would have the genius to create a new institution in the way Benedict had. That is, I thought that the reference to Benedict was intended to suggest neither withdrawal from the fields of law and politics nor a kind of spiritual focus on the arts or the theater or poetry, but the possibility of the creation of a new institutional power (or of the renewal of an existing institutional power) one of whose primary functions would be wise and temperate resistance to the dominant socio-cultural order. The institution of the Benedictine monastery, more than the figure of Benedict himself, was the point.

Patrick Leigh Fermor's description of life at the Benedictine Abbey of St. Wandrille de Fontanelle, in his short gem, A Time to Keep Silence, captures this institutional feature of monastic life. Two things in particular struck me in these passages: first, the rigor of the Benedictine life--its difficulty. This is not just "focusing on the family," so to speak, or expressing one's religious sensibilities through art rather than politics. It is, instead, a profoundly different way of life than most people lead. Second, the idea that a subsidiary, but still important, feature of Benedictine life was intellectual--the highest, purest, and most impregnable peak of the ivory tower.

After the first postulate of belief, without which the life of a monk would be farcical and intolerable, the dominating fact of monastic existence is a belief in the necessity and the efficacy of prayer; and it is only by attempting to grasp the importance of this principle--a principle so utterly remote from every tendency of modern secular thought--to the monks who practise it, that one can hope to understand the basis of monasticism. This is especially true of the contemplative orders, like the Benedictines, Carthusians, Carmelites, Cistercians, Camaldulese and Sylvestrines; for the others, like the Franciscans, Dominicans or the Jesuits--are brotherhoods organised for action. They travel, teach, preach, convert, organise, plan, heal and nurse; and the material results they achieve make them, if not automatically admirable, at least comprehensible to the Time-Spirit. They get results; they deliver the goods. But what (the Time-Spirit asks) what good do the rest do, immured in monasteries far from contact with the world? The answer is--if the truth of the Christian religion and the efficacy of prayer are both dismissed as baseless--no more than any other human beings who lead a good life, make (for they support themselves) no economic demands on the community, harm no one and respect their neighbours. But, should the two principles be admitted--particularly, for the purposes of this particular theme, the latter--their power for good is incalculable. Belief in this power, and in the necessity of worshipping God daily and hourly, is the mainspring of Benedictine life. It was this belief that, in the sixth century, drove St. Benedict into the solitude of a cave in the Sabine gorges and, after three years of private ascesis, prompted him to found the first Benedictine communities. His book, The Rule of St. Benedict--seventy-three short and sagacious chapters explaining the theory and codifying the practice of the cenobitic life--is aimed simply at securing for his monks protection against the world, so that nothing should interfere with the utmost exploitation of this enormous force. The vows embracing poverty, chastity and obedience were destined to smite from these men all fetters that chained them to the world, to free them for action, for the worship of God and the practice of prayer; for the pursuit, in short, of sanctity....

These values have remained stable while those of the world have passed through kaleidoscopic changes. It is curious to hear, from the outside world in the throes of its yearly metamorphoses, cries of derision leveled at the monastic life. How shallow, whatever views may be held concerning the fundamental truth or fallacy of the Christian religion, are these accusations of hypocrisy, sloth, selfishness and escapism! The life of monks passes in a state of white-hot conviction and striving to which there is never a holiday; and no living man is in a position, after all, to declare their premises true or false. They have foresworn the pleasures and rewards of a world whose values they consider meaningless; and they alone have as a body confronted the terrifying problem of eternity, abandoning everything to help their fellow-man and themselves to meet it.

Worship, then, and prayer are the raison d’être of the Benedictine order; and anything else, even their great achievements as scholars and architects and doctors of the church, is subsidiary. They were, however, for centuries the only guardians of literature, the classics, scholarship and the humanities in a world of which the confusion can best be compared to our own atomic era. For a long period, after the great epoch of Benedictine scholarship at Cluny, the Maurist Benedictine Abbey of St. Germain-des-Prés was the most important residuary of learning and science in Europe. Only a few ivy-clad ruins remain, just visible between zazou suits and existentialist haircuts from the terrace of the Deux Magots. But in scores of abbeys all over Europe, the same liberal traditions survive and prosper. Other by-products of their life were the beautiful buildings in which I was living, and the unparalleled calm that prevailed there. At St. Wandrille I was inhabiting at last a tower of solid ivory, and I, not the monks, was the escapist. For my hosts, the Abbey was a springboard into eternity; for me a retiring place to write a book and spring more effectively back into the maelstrom. Strange that the same habitat should prove favourable to ambitions so glaringly opposed.

Do Pro-lifers have a "logic problem"?

Dana Milbank says "yes," in this WaPo piece.  Commenting on proposed legislation in the Senate that would closely regulate all late-term abortions, Milbank -- following Slate's Will Saletan -- charges Sen. Lindsey Graham and others with illogic (and worse):  "Opposing late-term abortions does next to nothing to reduce abortions, but it works well with Republican presidential primary voters. Broadening the use of contraceptives would seriously reduce abortions, but it would be poisonous to the GOP primary electorate."  He adds:

Yet pro-life groups refuse to take up the cause of birth control, because so many of their supporters have problems with that, too. “They’ve betrayed the one thing they stand for, which is reducing abortions,” Saletan said.

Put aside, for now, what strikes me as the very implausible claim that the declining numbers of abortions has little to do with the increased regulation of abortion facilities and providers.  (Put aside also the intriguing possibility that baby pictures on Facebook and higher-tech sonograms are contributing.)  And, let's concede for the sake of argument that increased access to contraception does not only correlate with, but also contribute to, a reduction in the number of abortions.

It is not "illogical," it seems to me, for someone to say (a) "X is unjust and harmful -- in fact, X involves a seriously immoral act of violence on an innocent person.   Accordingly, the public authority should prohibit, to the extent possible, X, just as it would prohibit other seriously unjust and harmful acts" while at the same time not saying (b) "we will pursue and enact all regulatory and policy measures that might contribute, through incentives, etc., to a reduction in X."  Some some measures will and should be enacted, for sure.  But some might have downsides, some might be too expensive, some might themselves be unjust.  In such cases, a decision to not pursue and enact such measures does not mean that the claim in (a) about the immorality of X is hypocritical or undermined.