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, February 28, 2012

On Being a Body / On Partaking of a Life Form / and On the Giving of Life of this Form for the Sake of Lives of This and Other Forms

When I was an undergraduate, a number of what struck me as mutually supporting factors prompted me to convert to 'Popery,' as most of the American Founders, alas, would have called it - and as many, double-alas, would have denounced it.  Two of these factors, both of which seemed to me somehow to be especially deeply connected, were also especially compelling. 

The first such factor was that I seemed always to see humbly dressed folk in faded bluejeans and plaid shirts delivering boxes of donated items to the food & clothing pantry operated by St. John's Catholic Parish in Lawrence, Kansas, whose parking lot lay across the street from my window.  The same humbly dressed folk, still humbly dressed, could then be found at Sunday mass, which I attended a few times as a curious onlooker, then as a guest.  I was struck by how these humble yet generously giving people seemed to treat Sundays and other days as being in a sense continuous - as being of a piece - and in so doing seemed to treat their liturgical lives and their giving lives as being both of this selfsame piece.  The parishoners, in other words, did not doll up on Sundays and strike worshipful postures, then dress down on other days and forget about Sundays.  They dressed the same, and in a certain crucial sense acted the same, on all days - worshipping throughout the week, in effect, with the shape taken by their worship just slightly differing between Sundays and other days.  'Just slightly' in view of the second factor that somehow moved me...

The second factor was that there was always a corpse represented on the cross in these peoples' church.  Corpse, corpor, corporeal.  A dead body.  For some reason that really hit me.  It seemed important.  The fellow whom these people worshipped and wept for had a body.  He was a body.  Somehow that made the whole thing more 'real' to this perhaps primitive, over-tactile, just-post-adolescent in a way empty crosses at other churches I'd visited by this point did not.  (I might have mentioned something about this in my very first post here some several years back.)  I know that the empty cross at these other places is said to represent a triumph - 'He is risen!' - and all of that; and sure, I buy it.  But for some reason I still needed the body.  (Habeus corpus!)  And, what was more, that broken body seemed somehow connected to the broken people for the sake of whom the congregants throughout the week were dropping off all of those boxes of supplies.  And both that body and the broken people whom it seemed connected to seemed also to work as reminders that we all are broken in our ways, just as surely as we're beautiful and God-partaking.  It was in this sense, then, in addition to the sense made manifest in the non-changing mode of their dress throughout the week, that these people's Sunday and weekday forms of worship seemed to me continuous - always variations on one unifying theme.

And so I converted. 

(Just, as it happened, before going off to Oxford, where I (a) quickly joined Michael Dummett's 'other parish' (St. Aloysius, on Woodstock just past St. Giles, then parish of the then-long-since laid-off Leyland laborers and now rather more opulent home of the Oxford Oratory, where the Prof and I often bumped into each other when we weren't at Blackfriars (more on all of which some other time)), and (b) first met our Tom (who kindly welcomed me by knocking at my door the very day I arrived).)

Now it seems to me, believe it or not, that all of this bears quite directly upon - and is born quite as directly upon by - several subjects that have figured importantly in discussions here at our site in the past several days. 

One such subject, to which I will confine myself for now, is of course this matter of 'post-birth abortion' as advocated by these two strange (Swiftian?) authors whose recent peer-reviewed article Robby has shared with us.  I gather, from an admittedly cursory reading, that the authors advocate allowance of this form of homicide on the same ground that many advocate allowance of more conventionally understood abortion - essentially, on grounds that it is 'persons,' understood in a particular sense to which I shall attend in a moment, whom legal and moral rights aim to protect, while foetuses and newborns are not yet persons in the requisite sense. 

For some reason - a reason I'll hope now I might come to understand better by writing - I have never quite managed to find force in the argument from 'personhood.'  And really, I've tried.  This has been so ever since first I encountered what I think was a rendition of the argument in (the often wonderful) Professor Dworkin's book of 1993.  (Life's Dominion, if I recall correctly, which might better have been titled Personhood's Dominion?)  Moreover, for what I now suspect might be the very same reason, I have never been able to find force in what seem to me cognate arguments offered by some other philosophers, notably David Velleman, to the effect that cows' and other animals' lives lack value.   Somehow all such arguments always have struck me as what I have often been tempted, for reasons I could not in the past and perhaps still cannot satisfactorily articulate, to think of as 'thin,' 'insufficiently dense,' 'non-viscous,' even 'desert airy' or altogether 'vacuous.'  An impression of a sort of 'unbearable lightness of nonbeing' seemed to accompany my reading them.  They seemed 'conjuring-trick-like' or 'insubstantial' relative to what they purported to be about - life, be it human or other animal life - even if 'deep' or insightful relative to what they were actually about - personhood, understood as something that is in fact categorically distinct from life even if dependent upon life as its essentially comingled substrate when 'embodied.'  Something just seemed to be missing or left out of account.

Trying to make sense of those impressions now, what I seem to come up with is something like this:  What the arguments all appear to have in common is two theses, the second of which builds upon the first but the first of which doesn't seem quite to register with me, at least relative to the argumentative purpose for which it is deployed.  This first thesis is sometimes labeled 'value-internalism,' and has it that what is valuable in connection with some creature is only what can be valued, per some form of consciousness how ever rudimentary, by that creature.  The second thesis is sometimes labeled 'wholism' but might better be labeled 'narrativalism,' and has it that a life - a full, temporally extended life - can be ('internally') valued by the creature living that life only insofar as the creature in question possesses a conception, or, in a more Kantian idiom, a 'representation,' of that life.  Put these two theses together and you reach the unsurprising conclusion that 'the life,' qua life, of a creature lacking in consciousness of its own life as a temporally extended, narratival whole is ... valueless.

Now as suggested, I think that those who argue that cows' and other creatures' lives are devoid of value along these lines, on the one hand - people like Velleman - and those who argue that unborn and newborn humans' lives are devoid of value along such lines, on the other hand - people like Dworkin circa 1993? - are all in essence making the same argument.  And somehow I find it ultimately unpersuasive in both cases - largely, I think, for reasons given here, in an argument that I offered in defense of animal rights against Vellemanians just around the time that I first joined this site.  (How do you like that?  I'm defending animal rights, as Singer has notably done, on the basis of an argument - more on which in a moment - that if correct means that Singer is wrong about infanticide.)  The argument is titled What's the Harm? 

So, what's the harm?  And what's unsatisfactory about 'internalism' as characterized above?  Well, the short-playing version to which I confine myself here is that I think it appeals to the wrong 'kind' or 'level' of internality, so to speak.  Harm to a particular kind of creature - a creature that exemplifies a particular life form - it seems to me, can only be understood by reference to characteristics that are internal to (characteristic of) that creature's form of life, rather than by reference to experiences that are internal to (registering on) its form, how ever rudimentary or minimal, of consciousness.  Such forms of consciousness, how ever rudimentary or sophisticated, are surely internal to (characteristic of) the forms of life with which they are associated, but they don't exhaust those forms; and waxing or waning, flourishing or withering, pertain to all characteristics, not just the consciousness characteristics, that are internal to the form.  Indeed they pertain not only to all such characteristics, but to all of those characteristics as ordered in relation to one another in the manner constitutive of the form.  'All characteristics ensemble,' we might say.  And that is ultimately because waxing and waning, flourishing and withering all pertain to the form itself, not just to individual or heaped up but unordered features of the form.

Hence it is cows as whole lives organically constituted by all of those integrated characteristics that are integratedly characteristic of cows that wax and flourish under some conditions, and wane and wither under other conditions.  And the same goes for all other forms of life - all of these remarkable, beautiful, gorgeous, miraculous forms! - the particular conditions of waxing or waning varying with the particular forms.  And to impose conditions upon cows, cats, crows, or other critters that prompt their waning or withering rather than their waxing and flourishing - always understood in this full, organic, 'qua cow' or 'qua crow' sense - in turn, seems to me to be always prima facie wrongful unless there is some quite compelling reason to do so - reason that itself sounds in life, and reason that does not needlessly or gratuitously or cavalierly subordinate some lives to other lives.   

Now human beings, of course, wax and flourish under different conditions than do other creatures, though of course there is significant and growing overlap between the sets of conditions as we proceed from forms of life that bear less, to forms that bear more, in common with human life.  And of course the same goes for waning and withering.  And narratival consciousness, like deliberative rationality and conscience and a host of other oft-described 'higher' human functions, is of course a particularly prominent characteristic among all of those countless characteristics that jointly constitute the human form of life.  That of course renders it not altogether surprising that some might find themselves sometimes becoming a bit absent-minded about some of our characteristic features and then finding themselves tempted in effect simply to equate human life to that one characteristic of human life that is narratival self-representation, or to equate value in connection with that life to value in connection with the living human human being's self-conscious 'internal' representation of that life.  But the fact is that this form of consciousness is, still, only one of the many all-internally-ordered, organically constitutive characteristics of a human life, and there seems no reason what ever to interpret 'value' solely by reference to that characteristic alone rather than by reference to the whole lifeform of which it is only one critical characteristic.   

It also seems to me, on essentially the same grounds as seem to me to underlie all that I just said, that early, late, and intervening 'phases' or 'stages' of a life of some form, rather like the organic or constitutive characteristics of that form, all must be understood as resting in deep (and again deeply ordered) organic unity with one another.  All such stages, just like all constitutive characteristics, are jointly constitutive of the form of life in relation to which they represent or amount to stages.  If this is right, then it is no more permissible to inflict unjustified harm - harm, again, as understood relative to the life form in question - on a particular creature in its 'early' or 'late' life than it is to inflict such harm on that creature in its 'middle' life.  For harm is always done the creature - the creature as a representative instance of the life form - not to the 'creature-phase' as a representative instance of ... what?, that phase alone?   One helps or harms the creature in one of its phases, one doesn't help or harm the phase.

To think otherwise than as I've just suggested, it seems to me, is effectively to fall into a sort of category error not unlike that of those amusing late 18th Century 'empiricists' and early 20 Century 'positivists' who took themselves to be seeing 'apple-sides' and 'color patches' rather than seeing apples and colored objects, or to be tasting 'pineapple tastes' rather than pineapples.  The living creature is neither merely one of its characteristics nor merely one of its stages or phases.  The characteristics and stages are characteristics and stages of the creature; and it is the creature, not the characteristics or stages, that will wax or wane, flourish or wither, be accorded respect or be gratuitously and unjustifiably harmed.  

Once we move, then, as I believe that we must, from 'internalism' understood by reference to consciousness alone ('internality to consciousness') to 'internalism' understood by reference to life form which might but need not bring with it some particular degree n of consciousness ('internality to form'), arguments like Velleman's against the value of bovine life, and 'Minerva's' against the value of owl ... er, human life seem to me both to show themselves for head-scratchingly arbitrary if not outright category-inapt.  For once we take the conceptual step that I am describing, we see the various forms of consciousness experienced by creatures of various forms simply to be aspects of living those various life forms rather than identical to or exhaustive of those life forms, while value for its part pertains always to forms rather than to aspects of forms.    

All right, so maybe you can see how this all takes us back to where we began.  Why do I find the argument from personhood, and with it Vellemanian (psychological or proto-psychological) 'internalism' plus 'wholism,' somehow 'thin' and 'vaporous' - 'bloodless,' as it were?  I think it is probably because in a sense it is bodyless, just like those Christless crucifixes that left me so cold.  The same thing that made that body on that Cross at St. John's Parish in Lawrence somehow 'resonate' with 'me,' in other words, seems to be what prevents the argument from personhood from thus resonating.  Our embodiment would seem to be essential to who and what we are; and what has value in our judgement, it would seem, must accordingly itself relate back to embodiment.  And that in turn means that it must relate back to that life form  which our embodiments themselves instantiate - indeed, which they incorporate. 

I suspect that deep and subarticulate appreciations along such lines as these might account for why the promise of a resurrection, which we're soon again to celebrate this season, rather than less specified 'eternal life' is what matters to us.  (Hmm, ... 'matter' ...)  It's why the Hebraic tradition which has it that we rise on Judgment Day rather than convert to ghosthood and hover about is the tradition with which we claim continuity.  And it's presumably also why Platonic metampsychosis, disembodied spirithood, being a brain in a vat, and so forth are all so nonbloody unappealing.  We won't settle for being merely 'persons.'  That's not what we value.  We 'want it all' - human life, in all of its wondrous stages, through all of its course, with all of its many defining features, in all of their organic, gorgeous, unspeakably beautiful unity.  Wholeness of the life.  That is what we value, and it seems to me it is that - that at the very least - by reference to which we so much as understand value.  

For the same reasons, we don't settle for regarding those whom we love, whom we care for, whom we ... yes, even defend ... as being merely 'persons,' let alone 'person-parts,' 'person-phases' or 'life-stages.'  (Again, we taste apples, not 'apple-tastes.')  They are lives, whole lives, partaking of life forms that we also understand as wholes - integrated, ordered, internally structured and arranged, organic wholes.  And this shows up in what we give, especially when we give out of love.  Those people who dropped off those items every day at St. John's Parish dropped off items usable by human beings, whole human organisms, not just persons.  They brought foodstuffs, drink, clothing, blankets, and the like - things that body-beings need.  Sure, there was 'food for thought' and 'food for conscious play' as well, inasmuch as they brought books and magazines and boardgames and the like.  But that's just the point.  They brought all of it - just as those who donate things to 'animal shelters' and the 'humane society' donate food and bedding and 'playtoys' alike - things associated with the flourishing of, hence with what is valueable to, the per se valuable recipients along all of the multiple dimensions of their living, their flourishing, their faring well.

I think, then, that we might do well in this season of Lent to remember that we are all of us bodies, partaking of a certain beautiful form of life, all the time giving of our very lives of this form for the sake of lives of both this and other forms.  In that we are doing, of course, what that Fellow who was that body on that cross did over two thousand years ago, for eternity.  

Again a deep restorative Lenten season to all.                 

Pre-Birth, 'Partial Birth,' and Post-Birth: An Anecdote

Robby's, Michael S's, and my own recent posts here since last evening bring back to mind a conversation with a dear progressive lawyer/mentor friend from some years' back.  When I was clerking on the 10th Circuit for a judge whose chambers were in Lawrence, Kansas a bit over ten years ago, Nebraska, I believe, either enacted or came close to enacting a bill prohibiting what was often then called 'partial birth abortion.'  The prospect of a challenge to that law and/or others like it under the Supreme Court's 1992 Casey standard was of course widely discussed.  About that time I lunched one day with two lawyer friends, one of whom was the mentor mentioned above - I'll call him 'Friend.'  As our conversation turned to these 'partial birth abortion' laws, Friend wondered aloud how best to challenge them, as he thought them likely to withstand constitutional scrutiny under Casey but was also being asked, I believe, to represent some prospective plaintiffs who were wont to challenge them.  I was surprised by Friend's belief that these laws would easily stand under Casey.  'Isn't it clear,' I asked, 'that these laws will not withstand even rationality review, let alone the more regulation-permissive Casey standard?'  'How do you mean?,' he asked.  'Well,' I said, 'if foetal lives may legally be terminated while foetal feet are in the womb, what plausible reason can be given for prohibiting that termination when feet are out of the womb? Is there, in other words, any rational distinction what ever to be drawn between immediate 'pre-birth' and 'partial birth?'  Friend looked at me with some surprise.  'But I thought you were one of those "respecters of life,"' he said.  'By Jove, I think you've got it,' I replied.  

Incidentally, Rick's colleague John Nagle had earlier clerked for the same 10th Circuit judge to whom I allude here.  While teaching a mini-course at their fine institution a couple of years ago, I joked to John that I knew his bare chest better than did any of his colleagues, probably, as our judge's chambers kitchen was bedecked on every wall with photos of John tossing his sweet children about in lakes and streams and other bodies of water.  Let me take this occasion, then, to say I'm glad that they were born!     

Hittinger on Maritain's Scholasticism and Politics

The Liberty Fund has republished one of Jacques Maritain's important and prescient books, Scholasticism and Politics (publisher's blurb below), accompanied by this interview with Russell Hittinger that's well worth a listen.

Scholasticism and Politics, first published in 1940, is a collection of nine lectures Maritain delivered at the University of Chicago in 1938. While the lectures address a variety of diverse topics, they explore three broad topics: 1) the nature of modern culture, its relationship to Christianity, and the origins of the crisis which has engulfed it; 2) the true nature and authentic foundations of human freedom and dignity and the threats posed to them by the various materialist and naturalistic philosophies that dominate the modern cultural scene; and 3) the principles that provide the authentic foundation of a social order in accord with human dignity.

Maritain championed the cause of what he called personalist democracy—a regime committed to popular sovereignty, constitutionalism, limited government, and individual freedom. He believed a personalist democracy offered the modern world the possibility of a political order most in keeping with the demands of human dignity, Christian values, and the common good.

It is not surprising that Peter Singer is no longer alone in advocating infanticide

Thanks Robby and Bob for your posts (here, here, and here) on the peer reviewed article advocating legalization of infanticide.  The article's abstract sums it up arguing "that what we [the authors] call ‘after-birth abortion’ (killing a newborn) should be permissible in all the cases where abortion is, including cases where the newborn is not disabled."

This really isn't surpring to me. 32 years ago an editorial appeared in California Medicine, a publication of the Western Journal of Medicine. (I have a pdf of the original on file) It begins:

The traditional Western ethic has always placed great emphasis on the intrinsic worth and equal value of every human life regardless of its stage or condition. This ethic has had the blessing of the Judeo-Christian heritage and has been the basis for most of our laws and much of our social policy. ... This traditional ethic is still clearly dominant, but there is much to suggest that it is being eroded at its core and may eventually even be abandoned. This of course will produce profound changes ... in Western society.

[In the new ethic, which] will of necessity violate and ultimately destroy the traditional Western ethic ... [i]t will become necessary and acceptable to place relative rather than absolute values on such things as human lives, ... This is quite distinctly at variance with the Judeo-Christian ethic and carries serious philosophical, social, economic, and political implications for Western society and perhaps for world society.

Since the old ethic has not yet been fully displaced it has been necessary to separate the idea of abortion from the idea of killing, which continues to be socially abhorrent. The result has been a curious avoidance of the scientific fact, which everyone really knows, that human life begins at conception and is continuous whether intra- or extra-uterine until death. ... It is suggested that this schizophrenic sort of subterfuge is necessary because while a new ethic is being accepted the old one has not yet been rejected.

One may anticipate further development ... as the problems of birth control and birth selection are extended inevitably to death selection and death control whether by the individual or by society, and further public and professional determinations of when and when not to use scarce resources.

Garnett "Dialogues" about Hosanna-Tabor

Courtesy of Mars Hill Audio, here is a link to a "dialogue" / podcast between Ken Myers and me about the ministerial exception, religious freedom, and other things.

Bradley, "The Law as Therapist"

The HHS mandate has "nothing to do with health," writes my colleague, Gerry Bradley, in this piece.  And, he points out -- correctly, I think -- that this controversy is just the tip of the iceberg, in terms of the effort to secure protections through law for the human right to religious freedom:

. . . The contraception mandate is a pressure point created by broad and powerful social currents, but there are many such points (abortion and same-sex “marriage” among them), because the tectonic plates that underlay the mandate extend way beyond the Pill. Their momentum is far from spent, and their clash with religion will settle the meaning of religious liberty for some time to come. . . .

Later, he writes:

The emerging picture, and the force behind today’s recurring challenges to religious liberty, is this: So long as one remains in the strictly “private” sphere of home, social club, and sanctuary, one is free to hold misguided opinions about contraception, abortion, and marriage. But once one sets foot in “public” — defined expansively to include the workplace, shops, any place that receives state funds, and religious ministries that serve persons outside the faith — the rule is no discrimination, full stop. (RG:  I tried to make the same point, in my own op-ed a few days ago, here.)  It is all aboard for the new “equal sexual liberty” orthodoxy.

In the new dispensation, invisible fencing will be enough to corral “religious doctrine.” The public sphere is — so the story goes — the home of rational discourse. Church doctrine is the realm of irrationality and superstition and of fantastic theories about the unknowable. “Doctrine” does not need to be kept out, so much as it must be disqualified from entering.

This lengthy reconnaissance allows us to see both the raw power of the ideological threat to religious liberty and the reasons why courts are beguiled by it. In this worldview, there is nothing special or distinctive about religion. Religious acts have the same dignity and value — according to this vision — as do the various choices, relationships, and acts by which other people express their deepest selves, or actualize their deepest desires, or display their most self-defining thoughts or emotions. (Perhaps even less value: Religions tend to be — in this construal — morally judgmental and politically divisive.) Religious liberty is one way of exercising the super-liberty of Casey. Having sex and getting an abortion are other ways. They are all species of the same genus. . . .

(Read the whole thing.)

Monday, February 27, 2012

How did the advocacy of legalized infanticide become respectable?

Here is a link to the text of "After-Birth Abortion: Why Should the Baby Live?" by Alberto Giubilini and Francesca Minerva:

http://jme.bmj.com/content/early/2012/02/22/medethics-2011-100411.full

 

Perhaps it would be worth pausing to ask, from the bottom of the slope, how we came to such a pass that infanticide could be defended without a hint of shame by respectable people writing in a respected journal of medical ethics. ". . . but by that logic, infanticide would be acceptable," used to be the knock-out punch in a reductio ad absurdum argument. No more, at least in the intellectual sector of the culture. What does that say about the intellectual culture? And is there any reason to suppose that it can be contained there? Already the vast majority of children diagnosed in utero with Down's Syndrome are killed by abortion. So, if a Down's child or a child with some other handicap somehow slips through the screen, "why should the baby live?"

It's No Longer Just Peter Singer - It's Jonathan Swift

Many thanks to Robby for bringing to light, just below, the scandal that is this Giubilini and Minerva paper.  Surely what is most shocking about said paper, apart from the fact that one of its authors is named 'Minerva,' is the sheer ... well, wastefulness that it seems so cheerfully to countenance.  How in heaven's - oh all right, earth's - name do our authors reconcile themselves to the  monumental opportunity cost that they propose we incur, with no offsetting benefit (!), here in this world of both great and still-growing scarcity?  Are they blind, or are they just cavalier about costs in the manner of over-indulged children?  

I am going to hope that our authors soon come to their senses and consider revising the paper along some such fiscally more prudent lines as the following ...

Abstract:

The paper advances two theses, accompanied by a modest two-part proposal upon which both theses converge.  The first thesis is that abortion is largely accepted even for reasons that do not have anything to do with the fetus' health. The second thesis is that as the global population increases certain resources, notably those that afford nourishment to human organisms and fuel for transport and manufacturing purposes, will rapidly come under increasing and ultimately unsustainable strain.  By showing that (a) both fetuses and newborns do not have the same moral status as actual persons, (b) the fact that both are potential persons is morally irrelevant and (c) adoption is not always in the best interest of actual people, the authors argue that (d) what we call ‘after-birth abortion’ (killing a newborn) should be permissible in all the cases where abortion is, including cases where the newborn is not disabled, and (e) the leftover infant material should be sold for use in the production either of biofuel or of a nutrient for human consumption (including in infant formula) that we call 'soylent green,' the precise allocation to be determined by market prices.    

(Eds: As the adage has it, 'you [almost] can't make this stuff up.'  I actually think that the more people who see this paper, the better - for reasons implicit in the Podhoretz 'Road to Damascus' story.  Many thanks, Robby.)

 

It's no longer just Peter Singer

It wasn't that many years ago that Peter Singer and Michael Tooley stood virtually alone in defending infanticide. But in recent years they've been joined by others on the left, following out (as they rightly see it) the logic of their commitment to a right to abortion. This week, the Journal of Medical Ethics, a peer reviewed journal for health professionals and researchers in medical ethics, has published an article by two Australian philosophers, Alberto Giubilini and Francesa Minerva, entitled "After-Birth Abortion: Why Should the Baby Live?" Their answer, of course, is that the baby should not live---he or she should be killed if his or her parents desire it because they feel his or her existence is a burden to them and will harm their well-being or the well-being of the family.
It doesn't matter to the authors whether the baby is physically and psychologically healthy. As a mere "potential person" (sound familiar?), the infant has no right not to be killed at his or her parents will. Of course, most parents of healthy newborns won't be interested in killing them (though they should have the right to). But parents who find themselves with a newborn afflicted with, say, Downs Syndrome, might find the child to "be an unbearable burden on the family and on society as a whole."
What if others are willing to adopt the baby so that he or she won't be killed? Well, the parents might decide to give the child up, and that is certainly their right; but they may prefer to kill him or her, since they may find it psychologically difficult to have a child of theirs out there in the world somewhere. Here is the abstract of the paper posted by the Journal of Medical Ethics:

Abstract

Abortion is largely accepted even for reasons that do not have anything to do with the fetus' health. By showing that (1) both fetuses and newborns do not have the same moral status as actual persons, (2) the fact that both are potential persons is morally irrelevant and (3) adoption is not always in the best interest of actual people, the authors argue that what we call ‘after-birth abortion’ (killing a newborn) should be permissible in all the cases where abortion is, including cases where the newborn is not disabled.

So there we are. Who will raise their voices against this madness? Plenty of conservatives will, of course. Will liberal voices be raised? I hope so. Surely if respected philosophers were arguing for a right to kill members of a racial or ethnic minority group, as opposed to infant children, there would be denunciations from left and right alike. But the left's having tied itself to the abortion license creates an obvious problem. Giubilini and Minerva, like Singer and Tooley before them, and like more than a few others in between, alas, really are simply following out the logic of their commitment to "abortion rights." Or so it seems to them, and to me.

It is interesting to think back to 1972 when Michael Tooley published "Abortion and Infanticide." In those days, the pro-choice position on abortion had not yet hardened into an orthodoxy on the left. The pro-life cause was embraced by Edward M. Kennedy, Jesse Jackson, and other notable liberals. Many, including Kennedy and Jackson (and Al Gore), eventually caved. Others, such as Senator Frank Church and Governor Robert P. Casey, stayed faithful but their party and movement left them behind. On the conservative side, there were supporters of abortion, such as columnist James J. Kilpatrick and New York talk radio guru Bob Grant. One of them was Norman Podhoretz. He remained faithful to the pro-choice cause until he enountered friends at a cocktail party who were arguing in favor of the infanticide of handicapped newborns. When he expressed shock at their view, one of them replied, "well, you are in favor of legal abortion, aren't you?" "Sure," Podhoretz replied. "Then you should be on our side of this debate," argued his friend. "Infanticide is just a post-birth abortion, and surely birth can't be an event that transforms a non-person into a person." At that moment, Podhoretz recalled a discussion he'd had with a pro-life person a few years before. The pro-lifer had made exactly the same argument: Birth is an event of no moral significance; if abortion is permitted, its logic takes us to the approval of infanticide. Reflecting on the two conversations caused Podhoretz to shift to the pro-life camp.

JFK in Houston

I appreciate Steve posting on the JFK speech to the Houston Ministerial Association, September 1960. Many recall the significance of his speech with either their adulation or critique. However, as we consider the import of what then Senator Kennedy said in his formal remarks, we should also take stock of the answers he gave during the formal question-and-answer session that immediately followed the speech. We also need to consider the fact that this was a political speech geared not to losing votes but, more likely, to gaining them.

One of the first questions he had to contend with was whether, as a public official, he would attend a service in a church other than one that was Catholic. In this regard, Kennedy replied in the affirmative. But then he was pressed on why he cancelled an acceptance to attend the dedication of the Chapel of the Chaplains in Philadelphia in 1947. The Chapel was located in the lower level of a Protestant church and was designed as an interfaith place of prayer that commemorated the four brave chaplains (Protestant, Catholic, and Jewish) aboard the USS Dorchester who gave their life vests to other service members as the ship was sinking. Kennedy’s answer was that if he were invited as a public official or simple citizen who had served in the Navy, he would have still gone to the dedication. But it appeared that he had been invited as the “Catholic spokesman,” and in this context he “did not feel [he] had very good credentials to attend” in this capacity. In the later analysis, it appears that Kennedy understood he was not in a position to speak for or bind the Catholic Church in whatever he said or did at the dedication. Moreover, as a fledgling office-holder, he indicated that his expertise was not theology and related matters.

That was a simple question—even though he was contentiously pushed with a hard follow-up question—with a relatively straightforward answer given again by Kennedy. But some of the ministers pressed on with more difficult questions. Several, seemingly encouraged by Kennedy’s position that he would not take instruction on public matters from his religious authorities, asked the senator if he would “appeal” to Catholic authorities in the US and in Rome with the plea “relative to the separation of church and state in the United States and religious freedom as separated in the Constitution of the United States, in order that the Vatican may officially authorize such a belief for all Roman Catholics in the United States.” Kennedy’s response demonstrated that he understood that the “separation of Church and State” was to benefit the Church as much as it was to benefit civil society, including the government. In his reply to this “appeal,” the senator said this:

“May I just say that as I do not accept the right of any, as I said, ecclesiastical official, to tell me what I shall do in the sphere of my public responsibility as an elected official, I do not propose also to ask Cardinal Cushing to ask the Vatican to take some action. I do not propose to interfere with their free right to do exactly what they want.”

When he was asked another question about the ability of the Catholic Church “to direct its members in various areas of life, including the political realm,” Kennedy provided a careful, prudential, and nuanced answer that indicated he understood a distinction between an “improper” influence and one that may well be proper. In this context, he may well have anticipated what Pope Paul VI was to say to the temporal leaders of the world five years later at the conclusion of the Second Vatican Council when he honored and respected their authority and sovereignty:

“What does the Church ask of you today? She tells you in one of the major documents of this council. She asks of you only liberty, the liberty to believe and to preach her faith, the freedom to love her God and serve Him, the freedom to live and to bring to men her message of life. Do not fear her.”

By Kennedy reminding the audience of the facts that the United States had previously had two Catholic Chief Justices of the Supreme Court, that Canada had previously had two Catholic Prime Ministers, that France had the Catholic De Gaulle, and that Germany had the Catholic Adenauer, it might be said that the words of Paul VI had already been in place during the Presidential campaign. If there was no reason to fear the Church in these instances cited by Kennedy (two of which included the United States), there should be no reason to fear John Kennedy now in 1960 solely on the basis that he was a Catholic.

One other minister kept peppering the senator with long, partial quotations from different Catholic sources (some of which were mistakenly attributed to Leo XIII when they were probably from Pius IX, i.e., The Syllabus of Errors) and asked Kennedy if he agreed with them. Before Kennedy had much opportunity to say anything, another member of the audience shouted out, “I object to this. Time is running out!” However, the minister with the peppering questions managed to get in one question to which Kennedy responded. The question involved a statement attributed to John XXIII that “Catholics must unite their strength toward the common aid and the Catholic hierarchy has the right and duty of guiding them.” The concern of this questioner focused on the Catholic hierarchy’s “right and duty of guiding” the faithful. Kennedy gave the response of a good politician by reminding the minister that any Baptist or other minister “has the right and duty to guide his flock” in matters of morals and the faith, so why should the pope or any Catholic bishop or priest be different?

As I am currently undertaking a research project to discern the views of John Kennedy throughout his public life (1947-1963) on “the separation of Church and State,” I hope to be able to raise from time to time some of the results of this work with my friends here at the Mirror of Justice. I think it safe to say at this stage that what I discover may help us consider this issue and related matters as they apply to the current Presidential campaign and general election that we shall all face in a few months.

 

RJA sj