Tuesday, September 3, 2013
"Law, Not Theology"
Labor Day reading
I went back through some old MOJ Labor Day posts, and found a number of worth-(re)reading items:
Susan Stabile's reflection on Labor Day and human work (here).
Susan's links to Labor Day statements by the USCCB (here).
Steve Bainbridge on Corporate Decisionmaking and the Moral Rights of Employees (here).
A passage, in a post by me, from Laborem Exercens (here).
The prayer to St. Joseph, patron of workers (here).
Cornel West on what really matters in life
I know how puzzled many people are---those on the right side of the political spectrum as well as those on the left---by the deep friendship I have developed with Cornel West, growing out of our teaching partnership at Princeton. I don't know if Cornel's left-wing comrades will ever be able to make sense of (or perhaps even forgive him for) his friendship with me; but perhaps this video of Cornel talking with Tavis Smiley about some deeply human matters will help my conservative friends to understand my friendship with him. Despite our political differences, we share a commitment to engaging our students on these questions with a view to helping them to deepen themselves as persons. We both regard this as foundational and central to our vocations as teachers. Our message is that what ultimately matters is not success in the eyes of the world---wealth, status, prestige, power, and the like. It is, rather, the purity of one's soul; it is one's integrity as a human being who, as a creature fashioned in the very image and likeness of God, is capable (with God's help) of mastering one's desires and appetites and living a life of authentic service to God and neighbor.
Monday, September 2, 2013
Mahatma Gandhi on Sex and Marriage
Every now and then, folks on the left who regard Mahatma Gandhi as a hero and a kind of saint, stumble on to his writings about sexual morality and marriage. They are stunned to discover that their hero was a ferocious critic of the relaxation of traditional norms of sexual ethics, even going as far as to condemn the use and promotion of contraception. He vehemently opposed the efforts of early leaders of the birth control movement, such as Margaret Sanger. A recent example is from Salon earlier this year:
http://www.salon.com/2013/02/18/mahatma_gandhi_birth_control_is_criminal/
Francis hails late Cardinal Carlo Martini
Sunday, September 1, 2013
Syria and the wages of dissembling about Benghazi
I am among those who are pleased and relieved that President Obama has decided to take his case for bombing or missile attacks on Syria to Congress. It will be the task of members to assess the evidence presented by the administration as carefully as possible, and then, assuming that they are persuaded that the Assad regime was indeed responsible for the use of chemical weapons, to consider the prudence of punishing the regime with military attacks. Since such attacks could have catastrophic consequences--up to and including igniting a regional war--members must take their responsibilities extremely seriously.
Here is a useful and balanced account of what is publicly known about the evidence on which President Obama and those supporting his desire to punish the Syrian regime with bombs or missiles are relying:
In their deliberation, I have no doubt that many members of Congress--and not just Republicans--will (as they should) bear in mind what turned out to be the administration's flagrant dissembling regarding the terrorist attacks in which Ambassador Stevens and others were killed in Benghazi, Libya. Readers will recall that the President himself and top officials of the government (including Secretary of State Clinton and U.N. Ambassador Susan Rice) deliberately led the American people to believe that Stevens and the others were murdered by a mob enflamed by an anti-Muslim movie. (This tale was even told by Secretary Clinton to the families of those killed.) Of course, it turned out that there was no mob. Stevens and his colleagues were killed by terrorists, affiliated with Al Qaeda, in a pre-planned and well-executed attack timed for the anniversary of the attacks of September 11, 2001. Thr truth was known by American intelligence officers and administration officials within a day of the attack. Yet the lie about the mob and the movie kept being told for weeks. It fit the myth--one that was politically handy in the context of the presidential election campaign that was then in full swing--that Al Qaeda and other Islamist terrorist organizations had been "knocked back on their heels," and no longer constituted the grave threat they had once represented.
I have long been puzzled as to why so little was made of this deception, not only by the media, but by politicians, including Governor Romney in the course of the campaign. (Romney made what appeared to be an attempt to raise the issue in the foreign policy debate, but moderator Candy Crowley seemed to knock him back on his heels by a mistaken intervention supporting Obama's story.) As Malcolm X and Jeremiah Wright might put it, however, eventually "the chickens come home to roost." Now, as we face the question of whether to punish the Syrian regime with military strikes, is a time when the President's credibility truly matters. Is he telling the truth as he believes it to be? Or is there spinning, Clintonesque word-parsing ("meaning of 'is'"), dissembling, and deceving going on?
Presidents and those serving in key positions in their administrations need to make difficult decisions based on the best intelligence and evidence available to them. Sometimes the intelligence they are relying on turns out to be wrong--even spectacularly wrong. It would be unreasonable to hold any president, including President Obama, to the standard of never being wrong about the facts. But we can and should hold all presidents, including Obama, to the standard of telling us what they honestly believe to be true. When they don't do that, their credibility suffers in ways that not only hurts them, but eventually hurts us, too.
Saturday, August 31, 2013
President Obama should make the call, before making the call
I have never met President Obama, but I suspect that he and those close to him believe--quite wrongly--that President Bush is a dummy and that President Obama is vastly more intelligent. He and they may therefore believe that President Obama has nothing to learn from President Bush. That attitude in itself, if I am right about it, is reflective of the arrogance that got President Obama into this pickle in the first place. "Pride" really does "goeth before a fall." But I hope that President Obama will, on this occasion, with so much at stake for the people of the Middle East and for the world, swallow his pride and call President Bush. The unintended side-effects of an effort to punish Assad--an evil man, to be sure--while leaving him in power (so that radical Islamists among the rebel forces will not suddenly find themselves ruling a key country and controlling its state apparatus), could be catastrophic. According to the Washington Post, this is what President Obama's own military advisors are telling him. I suspect that President Bush would reinforce that advice, and perhaps offer some points of his own that President Obama should consider.
Of course, I cannot say with anything approaching certainty precisely what advice President Bush would give his successor. Just this week, while offering no public advice to Obama, Bush has noted that he "is no fan of Assad," and that if Obama moves forward with military action, he will "have the best military on earth backing him up." And, of course, I have no idea whether Obama would take Bush's advice, whatever it is. But this is a time for the current President to seek guidance wherever he can best get it, and I have no doubt that there is guidance to be had from the man who sat for eight years in the seat in which he is now sitting, and who made some decisions that turned out well and others that turned out badly.
It may be that President Obama will have to endure some embarrassment in order to do the right thing in the case of Syria. His rhetoric has placed him out on a limb. Climbing safely back may take personal humility of a sort that the current President has not previously displayed. Here, too, talking to President Bush might help. George Bush, knowing the burdens of the presidency, and being a man of deep faith, might just be able to assist Barack Obama, man to man, in developing the perspective he needs to do the right thing, even at the cost of some personal embarrassment.
Torture as a Human Rights Issue
As many MOJ readers know, the position of Christians on torture--the position, that is, of those self-identified Christians who have declared a position on torture--has been quite mixed. It is not the case that religious believers are generally unconditionally opposed to interrogational torture. Evangelical Christian scholar David Gushee has lamented “the formation of a sizable and apparently permanent American Christian constituency for torture.” David P. Gushee, “The Contemporary U.S. Torture Debate in Christian Historical Perspective,” 39 Journal of Religious Ethics 589, 595-96 (2011). On the implications of Christian teaching for torture, see, in addition to the article by Gushee, Jeremy Waldron, “What Can Christian Teaching Add to the Debate about Torture?,” 63 Theology Today 330 (2006); Jean Porter, “Torture and Christian Conscience: A Response to Jeremy Waldron,” 61 Scottish Journal of Theology 340 (2008).
I have just posted to SSRN a paper that may be of interest to some MOJ readers: "Interrogational Torture as a Human Rights Issue: A Brief Further Reflection on the Morality of Human Rights". The paper is available for download here. This is the abstract of the paper:
The morality of human rights consists not only of various rights recognized by the great majority of the countries of the world as human rights, but also of a fundamental imperative that directs “all human beings” to “act towards one another in a spirit of brotherhood.” The imperative — articulated in the very first article of the foundational human rights document of our time, the Universal Declaration of Human Rights (UDHR) — is fundamental in the sense that it serves, in the morality of human rights, as the normative ground of human rights. I have explained all this at length in an earlier paper, “The Morality of Human Rights” (2013), which I have posted to SSRN: http://ssrn.com/abstract=2274381.
In the earlier paper, I addressed (inter alia) this question: Why should one take seriously the normative ground of human rights; that is, what reason or reasons does one have, if any, to live one’s life in accord with the imperative to “act towards all human beings in a spirit of brotherhood”? In this brief paper — which serves as a kind of addendum to the earlier paper — I address a version of a related, followup question: Should we want governments always to “act towards all human beings in a spirit of brotherhood”, no matter what the consequences? Specifically, I address this question: Should we want governments never to subject a human being to torture, no matter what the likely consequences of not subjecting him (or her) to torture?
In the earlier paper, I explained that as the concept “human right” is
understood both in the UDHR and in all the various international human rights
treaties that have followed in the UDHR’s wake, a right is a human right if the
rationale for establishing and protecting the right — for example, as a
treaty-based right — is, in part, that conduct that violates the right violates
the imperative to “act towards all human beings in a spirit of brotherhood”.
Each of the human rights articulated in the UDHR and/or in one or more international
human rights treaties is a specification of what, in conjunction with other
considerations, the imperative is thought to forbid or to require. The right at
issue in this paper — the right not to be tortured — is a specification of what
governments must refrain from doing lest they violate the “in a spirit of
brotherhood” imperative — lest they, in short, treat a human being inhumanely.
Torturing a human being is an instance — indeed, a paradigmatic instance — of
treating a human being inhumanely. The question-in-chief in this paper: Should
we want governments never to subject a human being to torture, no matter what
the likely consequences of not subjecting him (or her) to torture?
The conclusion I reach: Even if we assume that in some imaginable and
sufficiently extreme circumstances it would be morally permissible — even,
perhaps, morally obligatory — for government officials to subject a human being
to interrogational torture, there are nonetheless conclusive reasons for
lawmakers and treaty-drafters to make bans on torture exceptionless. It is
optimal, all things considered, that laws and treaties do just what both the
International Covenant on Civil and Political Rights and the Convention
against Torture do: make the right against torture, even interrogational
torture, nonderogable. There are conclusive reasons, that is, for laws and
treaties to require that governments never violate the normative ground of
human rights — that governments never violate the "in a spirit of
brotherhood" imperative, that they never treat any human being inhumanely
— even if we assume that it is not the case, as a moral matter, that
governments should never violate the normative ground of human rights.
Thursday, August 29, 2013
Syria: An Interventionist Questions This Proposed Intervention
I tend to be an interventionist when it comes to American foreign policy and our place and responsibility in the world. In a dangerous world inhabited by tyrants who abuse their own people and threaten others, the one nation in the world with the greatest power to do something about it has a moral obligation to do something about it ― at least when it can do so effectively.
Of course, military force should be employed only when diplomatic efforts fail ― although diplomatic talks should not become mere cover for a tyrant to buy more time while continuing to massacre his people and shore up defenses against a military engagement. And, to be sure, discretion and judgment are required, so as to be able to evaluate when the introduction of American force has a good chance of both immediate and long-term success or instead has the potential to make things worse. I do appreciate that people of good faith and good judgment will make different calls, and indeed many on the Mirror of Justice would conclude that military intervention almost inevitably makes things worse. Mindful of pragmatic concerns, I nevertheless think it often important to take direct action to achieve clear goals. As I’ve said before, we should pray for peace ― but we should not accept the false peace of international indifference and passivity.
And I can provide the bona fides to demonstrate that my support for an interventionist foreign policy as a moral foreign policy has not been seasonal, depending on which party occupies the White House. Being a Republican, I nonetheless praised President Clinton’s intervention for human rights reasons in Kosovo (questioning only the delay and the restriction to an air campaign as allowing too many more innocents to die before the end). On the Mirror of Justice, I’ve supported President Obama’s intervention for humanitarian reasons in Libya, in a posting I openly titled “Thanking President Obama for Saving Lives in Libya.” Again, my only criticisms were that the intervention was late in coming and was not sufficiently targeted to remove the tyrant (although fortunately that came later).
Indeed, as part of that earlier posting, I noted that near the end of his life, Pope John Paul II began to establish the case for military intervention for humanitarian reasons:
[A]n offense against human rights is an offense against the conscience of humanity as such, an offense against humanity itself. The duty of protecting these rights therefore extends beyond the geographical and political borders within which they are violated. Crimes against humanity cannot be considered an internal affair of a nation. . . .
Clearly, when a civilian population risks being overcome by the attacks of an unjust aggressor and political efforts and non-violent defence prove to be of no avail, it is legitimate and even obligatory to take concrete measures to disarm the aggressor. These measures however must be limited in time and precise in their aims. They must be carried out in full respect for international law, guaranteed by an authority that is internationally recognized and, in any event, never left to the outcome of armed intervention alone.
All that being said, I am quite uneasy with President Obama’s move toward military force being applied in Syria. For the life of me (and I fear for the lives of many others in Syria and perhaps in the United States armed forces), I cannot figure out the actual substance of this President’s foreign policy toward Syria or how launching missile strikes or dropping bombs from planes for a couple of days will advance that policy.
Now if President Obama had a coherent Middle East foreign policy that promised to remove the tyrannical Assad regime and now had highlighted the atrocities against civilians including the use of chemical weapons as the immediate provocation for taking more direct steps toward that end, I might well be on board. But he doesn’t, and he hasn’t.
And it may well be too late. Two or three years ago, direct American support for the then-largely secular rebel movements might have toppled the Assad regime and replaced it with a moderate government that would resist radicalization and oppose terrorists. But as the civil war has dragged on and on, as the United States and the so-called “international community” has dithered, and as the civilian population has been battered, slaughtered, and displaced, the opposition to Assad has become radicalized and increasingly composed of extremist elements affiliated with terrorists.
So why are we thinking about doing anything militarily at this point?
Is it just because President Obama feels the need to do something? As K.T. McFarland writes, “It’s understandable that we want to ‘do something.’” But that’s no justification for military action.
Is it because President Obama has laid down so many “red lines” that keep being crossed that he has boxed himself into a corner from which he cannot now escape? George Will cynically writes that military intervention here “will not be to decisively alter events, which we cannot do, in a nation vital to U.S. interests, which Syria is not. Rather, its purpose will be to rescue Obama from his words.” Now I don’t share George Will’s view that it is not possible to “decisively alter events” (although it certainly is much more difficult now after years of delay). But surely few believe that the limited military response that President Obama apparently is planning will actually change the course of events on the ground in Syria.
Is an air campaign over Syria designed to prevent the Assad regime from further use of chemical weapons? That in itself would be a laudable goal. But it is far from clear that a quick in-and-out air campaign could have that effect. For one thing, the present thinking is that American forces could not target chemical weapons caches for fear of their accidental release. Destroying helicopters might degrade the regime's ability to use chemical weapons, but probably not much. Chemical weapons can be fired from small mobile missile launchers. To truly be sure that we had eliminated chemical weapons, we probably need boots on the ground. And President Obama will not take that bold step. No one believes that option is even on the table.
In sum, I hear lots of strong words emanating from the White House about lines being crossed, and international law being violated, and messages needing to be sent. But I hear very little that hangs together as a strategic policy for Syria generally or a specific plan of military action that makes a difference. A couple of days of bombings simply doesn’t qualify.
So, for now at least and until a better policy and plan are articulated, count me as one interventionist who says ― not this time, not this place, and not for this reason.Lest we forget.....
Over the past summer, I’ve been working on a fascinating project for the Minnesota Governor’s Council on Developmental Disabilities, which is working with the Twin Cities Public Television station to develop a “Disability Justice Resource Center” website for lawyers and law students working on disability rights issues. The Minnesota Governor’s Council itself already has an extremely robust website, with a wealth of resources for anyone interested in the history and current state of the disability rights movement. Their two-part “Parallels in Time” presentation of the history of social attitudes toward people with disabilities and the rise of the disability rights movement starts from 1500 B.C., and is populated with fascinating pictures and videos. The Minnesota Governor’s Council developed the “Partners in Policymaking ®” advocacy training program for people with disabilities and their family members over 25 years ago; since then it has been exported to over 35 states and a number of other countries. (I participated in it in Indiana while I was teaching at Notre Dame.) Their website has a number of fine (and free) on-line courses on disability advocacy, covering the history of the disability rights movement, independent living issues, education, and employment.
I kept thinking about this “Disability Justice Resource Center” project during yesterday’s celebration of the 50th anniversary of the March on Washington. Much of the coverage of the events highlighted and analyzed how things have (or haven’t) changed for African Americans in the intervening 50 years. The same sort of reflection is merited for people with disabilities, who continue to struggle to overcome both the challenges raised by their disabilities, and the challenges raised by social attitudes toward people with disabilities.
And these challenges are NOT limited to the subtle sorts of ADA challenges and biases alleged in many of the legal cases that tend to get the most media attention. Case in point: the source of the funding for this particular project. In July 2009, three plaintiffs sued the State of Minnesota for its treatment of people with developmental disabilities at a facility in Cambridge, Minnesota. In December 2011, Federal District Court Judge Donovan Frank approved a settlement agreement that awarded the plaintiffs $2.9 million, shut down the treatment program, and required the State to “immediate and permanently discontinue the use of mechanical restraint (including metal law enforcement-type handcuffs and leg hobbles, cable tie cuffs, PlasticCuffs, FlexiCuffs, soft cuffs, posey cuffs, and any other mechanical means to restrain), manual restraint, prone restraint, chemical restraint, seclusion, and the use of painful techniques to induce changes in behavior through punishment of residents with developmental disabilities. Medical restraint, and psychotropic and/or neuroleptic medications shall not be administered to residents for punishment, in lieu of adequate and appropriate habilitation, skills training and behavior supports plans, for the convenience of staff and/or as a form of behavior modification.” After the settlement agreement funds were distributed to class members, Judge Frank ordered a cy pres fund be established for this project -- a public education campaign to break stereotypes about people with developmental disabilities.
A newspaper article about this settlement began as follows:
On Halloween night 1949, Minnesota Gov. Luther Youngdahl stood aside a bonfire outside Anoka State Hospital and, with fanfare, burned 359 straitjackets and hundreds of other restraints he said were sinister relics of a more barbarous time.
“By this action we say that we have liberated ourselves from witchcraft – that in taking off mechanical restraints from the patients, we are taking off intellectual restraint from ourselves,” the governor said.
Apparently, we forgot.
The more time I spend on this project, the more concerned I become that "we" are forgetting some of the most vulnerable among us.