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.

Friday, November 4, 2011

Religiously Affiliated Law Schools conference

Here is an updated announcement about the Religiously Affiliated Law Schools conference, which is being held this year at Touro and organized by Prof. Sam Levine:

On May 2-4, 2012, Touro Law Center will host the biennial Conference of Religiously Affiliated Law Schools. The Conference will explore a variety of important issues related to the general theme of "The Place of Religion in the Law School, the University, and the Practice of Law." Specific topics of discussion will include, among others: the relationship between the religiously affiliated law school and the university; bringing religion into the classroom; law and religion programs and institutes; and the role of religion in the work of public interest lawyers.

Along with the formal Conference proceedings, there will be time for informal discussions among participants, on these and other issues of common interest.

“We are excited to host this conference at Touro Law, particularly since it is the first time the conference will be hosted at a law school with a Jewish affiliation,” said Samuel J. Levine, Professor of Law and Director of the Jewish Law Institute at Touro Law Center. “We look forward to a meaningful conference that will have a positive and lasting impact.”

Kristof's solution

Nicholas Kristof, in the New York Times, has a "solution to many of the global problems that confront us, from climate change to poverty to civil wars . . .  It’s called family planning, and it has been a victim of America’s religious wars."  As he puts it, "family planning became tarnished by overzealous and coercive programs in China and India, and contraception became entangled in America’s abortion wars."

Christopher White responds, here, with some different proposals for how to meet the needs of the world's poor, especially women and young girls.

Coptic Christian student beaten to death, by teacher and classmates, in school

This report is heart-breaking:

In mid-October Egyptian media published news of an altercation between Muslim and Christian students over a classroom seat at a school in Mallawi, Minya province, reports Michael Ireland, Senior Correspondent, ASSIST News Service.

Egyptian journalist Mary Abdelmassih, writing for AINA -- Assyrian International News Agency -- www.aina.org, says the altercation lead to the murder of a Christian student.

AINA says the media portrayed the incident as non-sectarian. However, Copts Without Borders, a Coptic news website, refuted this version and was first to report that the Christian student was murdered because he was wearing a crucifix.

As Nina Shea put it, a few months ago, the so-called "Arab Spring" "has not been kind" to Egypt's Christian minority.

Thursday, November 3, 2011

"Free the Gunpowder Plot One"!

In a few days, some people (not me!) will be "celebrating" Guy Fawkes Day (or Bonfire Night).  (Aside:  This day was commemorated in my public school, when I was in first grade.)  Reading this BBC piece about my (very distant) relative, Henry Garnet, S.J., would be a better use of time than firecrackers.  Free the Gunpowder Plot One!   

Catholic schools and civics education

One of the more common anti-school-choice canards is the Blanshardian one that education in Catholic schools are less likely than public schools to form good citizens.  My friend and colleague at Notre Dame, Prof. David Campbell (Pol. Sci.) has done a lot of work that refutes the charge.  Here's a bit about his recent work from the Notre Dame website:

“Historically, public schools have been celebrated as the exemplars of civic education, while private schools were often thought to provide an inferior form of training in democratic citizenship,” says David Campbell, a University of Notre Dame political scientist who specializes in political behavior, religion and politics, and education policy.

“Scores of empirical studies have now confirmed, however, that some forms of private schooling—specifically, Catholic schools—are more successful than their public counterparts in inculcating students with democratic values,” says Campbell, author of “Why We Vote: How Schools and Communities Shape Our Civic Life.”

"Authority in the Education of a Human Being"

Anthony Esolen has a nice piece at Public Discourse on the necessity of authority for human flourishing.  He contends, among other things, "no genuinely human reform of education is possible unless we are willing to cast aside an essentially inhuman egalitarianism."  There's a lot more going on, so read the whole thing.  I hope that Patrick Brennan, who edited an excellent volume on the subject of "authority," will weigh in!

Requiring nurses to participate in abortions?

Sometimes, when I am in conversations with people about the abortion issue generally, and the importance of protecting the conscience of health-care professionals more specifically, I am told that it is unrealistic or overblown to worry about doctors or nurses being "forced to do abortions."  "That," I am assured, "would never happen.  But they should have to refer patients to others, etc."

Now, it appears that a hospital in New Jersey has adopted a policy according to which nurses must either assist in elective abortions or be fired.  This is outrageous, and it strikes me that it is probably also illegal.  But, is it also a glimpse of things to come?

Wednesday, November 2, 2011

William Ian Miller on "Losing It"

One of the rites of passage of a Michigan Law School education is taking a course with William Ian Miller, the leading scholar in the world of the medieval Icelandic sagas and author of a series of books--The Anatomy of Disgust (Harvard, 1998), The Mystery of Courage (Harvard, 2000), Faking It (Cambridge, 2005), and Eye for an Eye (Cambridge, 2007)--about, well, the whole range of virtues and vices. I don't know if I learned much *law* (of the kind you need to know on the bar exam) from Bill, but I did learn a lot about everything else, which maybe all comes back to law and life in the end. He has a delightful (and typically Miller-esque) essay (based on a new book) in the current Chronicle of Higher Education about passing 65:

I am 65, and I think my brain just hopped a bullet train heading south, leaving a shadow of itself behind, just enough to let me worry whether it is time to close up shop, before the people in gray close it up for me. Will I know when I am an embarrassment? Do my younger colleagues, sometimes very much younger, already know? Am I missing the hints that they are sending my way? Will anyone show up for my retirement dinner? Will I? Will my memory still be good enough to recall everyone who did not show up, so that I can even up the score? And just how would I, feeble and without the wit, manage that? Will I be able to come up with their names, should I manage to recall their faces? And why am I consumed with fears about that dinner some five years before it will take place in exactly the same way I would lie awake at nights worrying about botching my bar mitzvah three years before I had to go on stage and man up in the Jewish way? But then once you, yes you, stop worrying about ridiculous things like this, you'll have not only lost touch with the world, but with yourself.

More Camosy, this time on population and food (and also Kotkin)

In "The Ethics of a World at 7 billion", available here, at the Washington Post, Prof. Charles Camosy notes that this latest population milestone is being used / exploited in a variety of ways and concludes:

[T]he lesson to learn from this milestone, especially for those who have a religious motivation to aid the poor and care for the earth, is not that we should impose a secular, Western understanding of reproductive control on poor people of color in the global south. This is a new kind of colonialism. Instead, we should take a hard look at the everyday choices we make and how they affect the earth. This benchmark offers us a chance to honestly examine our lifestyles and see if they can be offered to a God who demands good stewardship of the Earth and its resources.

So long as Camosy does not mean by this (but I fear he does!) that we should stop eating meat (says the guy with the Friday reservation at Ruth's Chris) . . . hear, hear!  I would add, though:  It is sometimes the policy proposals of people who claim to be acting in the interests of, and caring about, "the [e]arth", its ecosystems, the natural environment, etc., that make it more difficult to feed the world's poor and vulnerable.  We should look critically at such proposals, and ask -- do they really serve the interests of the vulnerable, or do they serve instead to promote our aesthetics and sense of self-satisfaction?  

UPDATE:  Joel Kotkin observes, on the occasion of this milestone, that overpopulation is not, in fact, "the problem" . . . it's "too few babies."  (Kotkin unfortunately tip-toes past the elephant when he refers to Deng Xiaoping’s "rightful concern about overpopulation at the end of the Mao era[.]")  Commenting on declining birthrates, and the increasing number of women who report plans to have no children, he concludes:

If this trend gains momentum, we may yet witness one of the greatest demographic revolutions in human history. As larger portions of the population eschew marriage and children, today’s projections of old age dependency ratios may end up being wildly understated.  More important, the very things that have driven human society from primitive time — such as family and primary concern for children — will be shoved ever more to the sidelines. Our planet may be less crowded and frenetic, but, as in many of our child-free environments, a little bit sad and lot less vibrant.

Our future may well prove very different from the Malthusian dystopia widely promoted in the 1960s and still widely accepted throughout the media. With fewer children and workers, and more old folks, the “population bomb” end up being more of an implosion than an explosion.

I worry that "shoved to the sidelines" might understate the matter.

Tuesday, November 1, 2011

Law Students and Lost Idealism

As the law school semester turns to its final lap and the anxiety of our students--especially 1Ls--begins to take on dire proportions, I take a page from my 1L contracts teacher, Philip Soper, and give my students this passage about lost idealism from Mark Twain's Life on the Mississippi

Now when I had mastered the language of this water and had come to know every trifling feature that bordered the great river as familiarly as I knew the letters of the alphabet, I had made a valuable acquisition. But I had lost something, too. I had lost something which could never be restored to me while I lived. All the grace, the beauty, the poetry had gone out of the majestic river! I still keep in mind a certain wonderful sunset which I witnessed when steamboating was new to me. A broad expanse of the river was turned to blood; in the middle distance the red hue brightened into gold, through which a solitary log came floating, black and conspicuous; in one place a long, slanting mark lay sparkling upon the water; in another the surface was broken by boiling, tumbling rings, that were as many-tinted as an opal; where the ruddy flush was faintest, was a smooth spot that was covered with graceful circles and radiating lines, ever so delicately traced; the shore on our left was densely wooded, and the somber shadow that fell from this forest was broken in one place by a long, ruffled trail that shone like silver; and high above the forest wall a clean-stemmed dead tree waved a single leafy bough that glowed like a flame in the unobstructed splendor that was flowing from the sun. There were graceful curves, reflected images, woody heights, soft distances; and over the whole scene, far and near, the dissolving lights drifted steadily, enriching it, every passing moment, with new marvels of coloring.

I stood like one bewitched. I drank it in, in a speechless rapture. The world was new to me, and I had never seen anything like this at home. But as I have said, a day came when I began to cease from noting the glories and the charms which the moon and the sun and the twilight wrought upon the river's face; another day came when I ceased altogether to note them. Then, if that sunset scene had been repeated, I should have looked upon it without rapture, and should have commented upon it, inwardly, after this fashion: This sun means that we are going to have wind to-morrow; that floating log means that the river is rising, small thanks to it; that slanting mark on the water refers to a bluff reef which is going to kill somebody's steamboat one of these nights, if it keeps on stretching out like that; those tumbling 'boils' show a dissolving bar and a changing channel there; the lines and circles in the slick water over yonder are a warning that that troublesome place is shoaling up dangerously; that silver streak in the shadow of the forest is the 'break' from a new snag, and he has located himself in the very best place he could have found to fish for steamboats; that tall dead tree, with a single living branch, is not going to last long, and then how is a body ever going to get through this blind place at night without the friendly old landmark.

No, the romance and the beauty were all gone from the river. All the value any feature of it had for me now was the amount of usefulness it could furnish toward compassing the safe piloting of a steamboat. Since those days, I have pitied doctors from my heart. What does the lovely flush in a beauty's cheek mean to a doctor but a 'break' that ripples above some deadly disease. Are not all her visible charms sown thick with what are to him the signs and symbols of hidden decay? Does he ever see her beauty at all, or doesn't he simply view her professionally, and comment upon her unwholesome condition all to himself? And doesn't he sometimes wonder whether he has gained most or lost most by learning his trade?

Mark Twain, Life on the Mississippi (1883), Chapter IX