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.

Thursday, September 12, 2013

Leon Wieseltier on Pinker, scientism, and the humanities

This essay, "Crimes Against Humanities", is long, but well worth reading -- especially, I think, if one is a high-level administrator of, or generous benefactor of, an institution of higher education.

"Moral Anthropology, Social Ontology, and Authentic Human Freedom"

That's the (ponderous, I admit) title of this essay of mine, over at Public Discourse, on the work of Jean Bethke Elshtain.  A bit:

Law is “of, by, and for” the people—for real human persons. The project of promoting persons’ flourishing—their real goods—will, necessarily, proceed on the basis of some “anthropological” assumptions about what it means to be human, about who and what people are, and about what they are made for. The project can only succeed if these assumptions are true. . . .

Bracing thoughts and words from Stanley Hauerwas

In this essay, "The End of American Protestantism," Stanley Hauerwas has some characteristically provocative things to say about America, Americans, liberalism, and Christianity.  Here's a taste:

. . . Protestantism came to the land we now call American to make America Protestant. It was assumed that what it meant to be American and Protestant was equivalent to a faith in the reasonableness of the common man and the establishment of a democratic republic. But in the process the church in America became American - or, as Noll puts it, "because the churches had done so much to make America, they could not escape living with what they had made."

As a result Americans continue to maintain a stubborn belief in a god, but the god they believe in turns out to be the American god. To know or worship that god does not require that a church exist because that god is known through the providential establishment of a free people. This is a presumption shared by the religious right as well as the religious left in America. Both assume that America is the church.

Noll ends his account of these developments with the end of the Civil War, but the fundamental habits he identifies as decisive in the formation of the American religious and political consciousness continues to shape the way Christians - in particular, Protestant Christians - understand their place in America.

Yet I think we are beginning to see the loss of confidence by Protestants in their ability to sustain themselves in America, just to the extent that the inevitable conflict between the church, republicanism, and common sense morality has now worked its way out. America is the great experiment in Protestant social thought but the world Protestants created now threatens to make Protestantism unintelligible to itself. That is an obscure remark I must now try to make clear. . . .

 

... and let it begin with me.

This from my wife's blog, Day by Day with Maria:

When the moments of crisis and violence around the world and in our country feels too overwhelming for me... when I start to feel helpless before the power of evil that I see, hear, smell, touch, seemingly everywhere I go... when my own heart begins to wonder, what difference does it make?...

 

I remember an ordinary, unwed woman living in a run of the mill, inconsequential village who, with her “yes,” gave birth to the Son of God.

 

I remember a mother whose prayers and petitions for her son’s conversion, brought about a priest, an illustrious bishop, who is also a renowned Doctor of the Church.  

 

I remember a simple, honest man from Okarche, Oklahoma, who after failing his second year of seminary Theology, became a missionary for the faith—and eventually, a martyr—ministering the people of Santiago Atitlán, Guatemala.

 

I remember the miracles in my own life, the abundant moments of grace that come about when I humbly and faithfully get on my knees in prayer and examine, “am I doing my part?”

 

Yes, let there be peace on earth—and let it begin with me.

 

Wednesday, September 11, 2013

Evangelicals and Catholics Together statement (in PDF)

I have heard from several people that the link I used earlier is to a version that is difficult to navigate and print.  Here (I hope) is a PDF version:  Download Evangelicals and Catholics Together on Law--The Lord of Heaven and Earth.

Constitution Day lecture in Springfield

I'll be speaking at a Constitution Day event in Springfield, Illinois on "Law, Religion, and Politics in the American Constitution and Tradition" on Tuesday, Sept. 17, at 7:00 p.m.  More information is available here.  If you are there or nearby, please come by and say "hello"!

Justice Scalia Praises the Separation of Church and State

Justice Scalia recently gave some remarks at the Lanier Theological Library in Houston, Texas, remarks that have been reported and commented on in several places. Ostensibly the speech was about whether capitalism or socialism is more consistent with Christian virtue.

But I was there and heard the lecture in its entirety; and it sounded to me like Justice Scalia lavished praise on the separation of church and state. One consistent theme repeated several times by the Justice--at both the beginning and the end of the talk--was the patent unimportance of the titular subject. For the Christian, Justice Scalia said, the choice of one's political ideology (the choice between capitalism and socialism, for example) is about as consequential as the choice of one's toothpaste. One does not choose a political ideology either to become a better Christian or to inspire greater Christian virtue in others, and certainly not to inspire Christian virtue in government. Christ was not interested in government or its machinations. These are all issues that ought to be small beer for the Christian. 

The lecture was cleverly keyed to sound pleasingly evangelical notes. When you're in Texas, after all, you'd better swear you hate the Redskins, and Justice Scalia knew well enough to say so. The Justice emphasized a familiar and important set of ideas that has long supported one hoary strain of the American separation of church and state with deep Christian roots: that the cities of God and man are and forever will remain apart. 

After which, in response to an audience question about the area of law done greatest disservice by the Supreme Court, he thought for a moment, and replied, "The Establishment Clause." Christian law and politics watchers, take note.

For a just and lasting peace . . .

Oremus.

Cross

Event on The Tragedy of Religious Freedom in NYC

For those of our readers close by Manhattan, I hope you might consider joining me on the evening of September 25 at the Harvard Club of New York City (27 W. 44th Street) for a discussion of The Tragedy of Religious Freedom. The event begins at 8:00 pm. My friend and colleague, Mark Movsesian, will be the master of ceremonies.

Please stop by and say hello.

Tuesday, September 10, 2013

"Evangelicals and Catholics Together on Law: The Lord of Heaven and Earth"

Well, it's been a long time coming -- about 8 years, I think, when Bob Cochran and I met in New York with Fr. Richard Neuhaus -- but "Evangelicals and Catholics Together on Law:  The Lord of Heaven and Earth" is now out.  You can get it, thanks to the Journal of Christian Legal Thought, here.  (It will also be published in Villanova's Journal of Catholic Social Thought).  The document is called “Evangelicals and Catholics Together on Law”, and it is signed by a dozen or so legal scholars from both faith groups.

Over the last eight years, many of us met at several meetings to get to know one another, learn about our histories, and draft this document.  We had some amazing collaborators.  We met for a weekend at Notre Dame with historians John McGreevy and George Marsden.  They traced our communities’ history of conflict (mostly) and collaboration (more recently) on the subject of law.  Then we met at Pepperdine with philosopher/theologians Bradley Lewis, Dallas Willard, Joan Lockwood O’Donovan, and Oliver O’Donovan.  They helped us think through both our overlapping and conflicting ideas about law.  Then we met for major drafting sessions at Villanova and New Orleans.  The major drafting oars went to (volunteers) Patrick Brennan and Bill Brewbaker.  The attached document is the product of their work, with input from the broad range of people who attended our meetings and commented on earlier drafts.  And, at law year's Lumen Christi / Christian Law Professors Fellowship meeting at the AALS, we had a really productive panel at which scholars from a variety of faith traditions reacted to, and thoughtfully criticized, the statement.

Please consider reading the statement and sharing it.  Future issues of the Journal will be publishing some responses to it.