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 5, 2013

CSDC 33: The commandment of love, law of life

The third analytical index entry for "Law" in the Compendium of the Social Doctrine of the Church points to no. 33. This appears in chapter one ("God's Plan of Love for Humanity"), section II ("Jesus Christ the Fulfilment of the Father's Plan of Love"), subsection b ("The revelation of trinitarian love"). Among other things, no. 33 grounds human solidarity in a particular kind of unity that reflects the Trinity:

33. The commandment of mutual love, which represents the law of life for God's people[32],must inspire, purify and elevate all human relationships in society and in politics. “To be human means to be called to interpersonal communion”[33], because the image and the likeness of the Trinitarian God are the basis of the whole of “human ethos', which reaches its apex in the commandment of love”[34]. The modern cultural, social, economic and political phenomenon of interdependence, which intensifies and makes particularly evident the bonds that unite the human family, accentuates once more, in the light of Revelation, “a new model of the unity of the human race, which must ultimately inspire our solidarity. This supreme model of unity, which is a reflection of the intimate life of God, one God in three Persons, is what we Christians mean by the word 'communion'”[35].

[32] Cf. Second Vatican Ecumenical Council, Dogmatic Constitution Lumen Gentium, 9:AAS 57 (1965), 12-14.

[33] John Paul II, Apostolic Letter Mulieris Dignitatem, 7: AAS 80 (1988), 1666.

[34] John Paul II, Apostolic Letter Mulieris Dignitatem, 7: AAS 80 (1988), 1665-1666.

[35] John Paul II, Encyclical Letter Sollicitudo Rei Socialis, 40: AAS 80 (1988), 569.

WWED (What Would Elshtain Do?)

In tomorrow's (Friday's) Wall Street Journal, I offer some reflections on how my late friend and collaborator Jean Bethke Elshtain might advise us to think about whether to support or oppose President Obama's proposal for limited military strikes against the Assad regime in Syria. I don't know, nor would I presume to guess, how Jean finally would have come down on the question. She was a subtle and therefore often upredictable thinker. But I have a pretty good idea of what kinds of arguments she would have regarded as morally serious and what kinds she would have regarded as morally irrelevant or, worse still, immorally cynical.

Wednesday, September 4, 2013

CSDC 24: The law of the sabbatical year and of the jubilee year

The second analytical index entry for “Law” in the Compendium of the Social Doctrine of the Church points to no. 24. This appears in chapter one (“God’s Plan of Love for Humanity”), section I (“God’s Liberating Action in the History of Israel”), subsection a (“God’s gratuitous presence”). Among other things, no. 24 points to two examples of divine positive law, “legislation … designed to ensure that the salvific event of the Exodus and fidelity to the Covenant represents not only the founding principle of Israel's social, political and economic life, but also the principle for dealing with questions concerning economic poverty and social injustices”:

 24. Among the many norms which tend to give concrete expression to the style of gratuitousness and sharing in justice which God inspires, the law of the sabbatical year (celebrated every seven years) and that of the jubilee year (celebrated every fifty years) [27] stand out as important guidelines — unfortunately never fully put into effect historically — for the social and economic life of the people of Israel. Besides requiring fields to lie fallow, these laws call for the cancellation of debts and a general release of persons and goods: everyone is free to return to his family of origin and to regain possession of his birthright.

This legislation is designed to ensure that the salvific event of the Exodus and fidelity to the Covenant represents not only the founding principle of Israel's social, political and economic life, but also the principle for dealing with questions concerning economic poverty and social injustices. This principle is invoked in order to transform, continuously and from within, the life of the people of the Covenant, so that this life will correspond to God's plan. To eliminate the discrimination and economic inequalities caused by socio-economic changes, every seven years the memory of the Exodus and the Covenant are translated into social and juridical terms, in order to bring the concepts of property, debts, loans and goods back to their deepest meaning.

[27] These laws are found in Ex 23, Deut 15, Lev 25.

Tuesday, September 3, 2013

A good moral example from Scandinavia

 

At "Public Discourse," Shaykh Hamza Yusuf and I reinterate our plea to hotel executives to break their companies' links with the pornography industry, and we praise the exellent moral example set by the CEO of the Scandinavian hotel chain "Nordic Hotels":

www.thepublicdiscourse.com/2013/09/10850/

 

"Awesomest Country Ever About to Embark on More Awesomeness"

Chris Ferrara, whose work I've admired previously, here on MOJ and in other venues, hits the nail on the head yet again, this time with respect to Syria and that which is really driving the American engines of what is sometimes called "intervention."  Please consider Ferrara's argument and facts in this brief editorial. As Bernard Lonergan asked (in one of my very favorite of his lines): "Is everyone to use force against everyone to convince everyone that force is beside the point?"  Force represents a failure both of intelligence and of grace. The acephalous United States of America cannot think intelligently enough to see the need for grace in order to solve the world's problems.          

CSDC 3: Social doctrine and the new law of love

The first analytical index entry for “Law” in the Compendium of the Social Doctrine of the Church points to paragraph no. 3. This paragraph appears in the Introduction (“An Integral and Solidary Humanism”). Among other things, it describes the "profound unity" of the Church’s social doctrine, "which flows from Faith in a whole and complete salvation, from Hope in a fullness of justice, and from Love which makes all mankind truly brothers and sisters in Christ":

3. To the people of our time, her travelling companions, the Church also offers her social doctrine. In fact, when the Church “fulfils her mission of proclaiming the Gospel, she bears witness to man, in the name of Christ, to his dignity and his vocation to the communion of persons. She teaches him the demands of justice and peace in conformity with divine wisdom”[3]. This doctrine has its own profound unity, which flows from Faith in a whole and complete salvation, from Hope in a fullness of justice, and from Love which makes all mankind truly brothers and sisters in Christ: it is the expression of God's love for the world, which he so loved “that he gave his only Son” (Jn 3:16). The new law of love embraces the entire human family and knows no limits, since the proclamation of the salvation wrought by Christ extends “to the ends of the earth” (Acts 1:8).

A Stroll through "Law" in the Compendium of the Social Doctrine of the Church

The Compendium of the Social Doctrine of the Church seems as good a place as any to start in understanding and appreciating the richness of Catholic teaching about human positive law. One glance at its analytical index reveals that an important part of that project is understanding the relationship of human positive law to other types. For there are many kinds of law.

The analytical index contains more than 60 entries underneath the heading of "Law" and also includes cross-references to the headings for "International Law" and "Natural Law," which together contain 25 entries. The entries for each of these headings are pasted in below the jump.

In the coming months, I hope to take advantage of the episodic nature of blog posts to take a stroll through the Compendium's statements about law. I propose to progress linearly from beginning to end of the Compendium, linking to each index entry in numerical order. My own commentary will be light. But perhaps things worth singling out for a closer look will come into view on this stroll. This piecemeal approach has many limitations,but lacking the capacity at present to present the whole as a whole, I aim to lay out some pieces. (For those who may be uninterested, these posts will be easy to identify and skip. Their titles will all follow the format: "CSDC [#]: [index entry].") 

Continue reading

A closer look at the Milgram Experiments

The other day, I heard this NPR interview with Gina Perry, the author of a new-ish book, "Behind the Shock Machine:  The Untold Story of the Notorious Psychology Experiments," and was intrigued.  My Criminal Law professor, Joe Goldstein, used the experiments in our unusual (but really fun) introductory course, as part of a discussion about consent and human-subjects research. 

I have not read Perry's book (yet), but it sounds like she's established that Milgram was pretty set all along on reaching his "regular people will do really bad things if told to by an authority figure" (or, as this reviewer put it, his "most of us are potential Nazis") conclusions and troublingly uninterested in the possibility that his subjects could have been harmed by their experiences.  Here's a bit, from a review in MacLean's:

To start with, Milgram was—in layman’s terms—nuts. He began the shock tests without any clear theory of what he was aiming to prove, and had to cobble it together afterwards, some of which he gleaned from a pamphlet entitled, “How to Train Your Dog.” He refused to consider that many people took it as a given that the stated aim of any psychological test was never its true purpose: A large proportion of the volunteers simply didn’t believe Yale would allow people to administer potentially fatal shocks. Among those who did accept what Milgram told them, far fewer than the 65 per cent he claimed actually continued to up the voltage. Worst of all, for fear the truth would leak out to other prospective volunteers, Milgram refused to fully debrief his subjects, many of whom were haunted for years by guilt at what they thought they had done.

If any readers have had a chance to read the book, I'd welcome and appreciate reactions.

More on Catholic Social Teaching and prudential judgment

At Catholic Moral Theology, David Cloutier has a post ("Immigration and Prudential Judgment") that is worth reading and that tries to push the conversation toward clarity when it comes to "absolute norms" and "prudential judgments."  I have a few specific disagreements (e.g., his suggestion that questions about abortion-regulation should be framed in terms of "toleration of individual choices", a framing that risks obscuring the fact that abortion-regulation is connected to the obligation of the political community to protect the vulnerable from violence) but agree with the piece's basic point, i.e., that "prudential judgment" cannot be an "escape" from or a license to ignore those Church teachings with which we disagree:

By claiming “prudential judgment” in these significant discussions, what is obscured is the claim Catholic teaching makes to be a complete vision, a unified whole. That vision does not provide a simple blueprint for policy. However, it does provide clear orientation for the ends of policy, an orientation that is in significant conflict with the philosophical assumptions (or if you prefer, the theological anthropology) that founds other kinds of policy.

The distinction between a "blueprint" and an "orientation for the ends of policy" is an important one, I think.  David is focusing in this piece on the immigration debate (and I agree with him that it is not a matter of "prudential judgment" whether or not we should figure out a way -- putting aside the question whether the current proposals *are* such a way -- to regularize, in a sensible and fair way, the status of the people who are, at present, in the United States unlawfully); for me, a good example (coming from "the other side", I suppose) of mistakenly taking the "blueprint" approach was the way many simply invoked Pope Leo XIII and Rerum novarum as resolving all questions about public-employee unions.  And I'm sure we can think of other illustrations . . .

This side of Heaven, it will be a rare legislative proposal or piece of positive law that is the only, or that is obviously the best, way of promoting human flourishing and the common good.  But, as David points out, this fact is not a license or excuse to say "anything goes" or to opt out of the hard work of reasoning through the problem, carefully, considering all the facts, and going with the all-things-considered best option.

The WaPo calls out DOJ for its ridiculous attack on school choice

A powerful piece, by the Editorial Board of the Washington Post, quite appropriately calling out the DOJ for its latest and lame attack on school choice in Louisiana.  School choice is, of course, a pressing social-justice issue and it's deeply regrettable that, so soon after the commemoration of Dr. King's March on Washington, the administration is trying to hamstring this program.  As the Post puts it:

 NINE OF 10 Louisiana children who receive vouchers to attend private schools are black. All are poor and, if not for the state assistance, would be consigned to low-performing or failing schools with little chance of learning the skills they will need to succeed as adults. So it’s bewildering, if not downright perverse, for the Obama administration to use the banner of civil rights to bring a misguided suit that would block these disadvantaged students from getting the better educational opportunities they are due.

What was it that Slate was saying, again, about "bad people"?