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.

Saturday, August 20, 2011

"Catholic Education Matters"

As we start the new school year, it's a good time to read this very nice piece by my former student (and current Catholic-school teacher), Matt Emerson, at Patheos.  The essay is called "Catholic Education Matters."  Indeed, it does.

Friday, August 19, 2011

Two great pro-life pieces

Another excellent piece by the consistently-impressive Erika Bachiochi on Public Discourse today, 40 Years Later:  How to Undo the Automony Argument for Abortion Rights.  She notes that it's the 40th anniversary of Judith Jarvis Thompon's "violinist" argument for abortion rights, tracing the knots abortion rights advocates have gotten themselves in over the years clinging to that analogy.

Erika's piece also links to one by the equally consistently-impressive Helen Alvare, which I somehow missed when it appeared in January:  The Lazy Slander of the Pro-Life Cause.

If any of you are sending kids off to college in the next few weeks, do them a favor and make them read these columns -- it'll arm them with some powerful arguments for those late-night b.s. sessions.

Pope Benedict the XVI on Education

This article from Il Corriere Della Sera reports on a speech that the Pope gave to a number of young (under 40...that's young, right?) university professors at El Escorial Monastery near Madrid.  In the speech, the Pope spoke against an educational ethic of "utility and pragmatism," saying also (and...perhaps echoing Cardinal Newman) that "the true idea of a university preserves us from a reductive and distorted vision of humanity."  Education is not, he continued, "an arid communication of subtance, but instead the formation of young people which you [the professors] must undertake and research ["comprendere e ricercare"]."

Thursday, August 18, 2011

The Real Test of Pro-Choice Honesty

Jennifer Fulwiler comments on the same article in the NYT Magazine that Rob Vischer blogged about here at MOJ.  The Times article, The Two-Minus-One Pregnancy, is about couples who conceive twins through IVF and then (in the Orwellian terminology of the industry) “selectively reduce” the twins so that only a single gestating baby remains.  As the article makes clear, while it used to be the case that the procedure was reserved for “reducing” quadruplets (or more) to triplets, or triplets to twins, the practice has now become commonplace among IVF patients who do not want to give birth to anything other than a single child.

In her essay, What Pro-Choice Intellectual Honesty Looks Like, Fulwiler notes how some like Dr. Mark Evans, who pioneered the procedure and who once resisted performing it in the case of twins, came to understand that the women coming to see him “didn’t want to be in their 60s worrying about two tempestuous teenagers or two college-tuition bills” and that “many of the women were in second marriages, and while they wanted to create a child with the new spouse, they did not want two.”  Thus, she also notes how the new, more frequent use of the procedure in reducing twins to a singleton has little if anything to do with “health” – either with respect to the mother or the children she is carrying – and everything to do with life-style choices and expectations.

At the same time, and as the Times article makes clear, some physicians and medical staff who dutifully performed “reductions” in the case of quadruplets and triplets, refuse to do so in the case of twins on moral grounds since, according to Dr. Ronald Wapner, “There’s no medical justification in a normal twin pregnancy to reduce to one.”

Of course selectively practicing selective reduction makes no sense given the logic of the right to choose abortion.  There is no such thing as a sound or unsound reason, a better or worse motivation in the face of inviolable autonomy.  All reasons wither and fall before a “choice” that is its own justification.

Fulwiler concludes the post by thanking those women who agreed to tell their stories, and with the hope that pro-choice people will 

read those articles linked above, and listen to the stories of women going to abortion specialists and choosing sons over daughters, letting lifestyle considerations lead them to reduce three heartbeats on a screen to one. Because that is what pro-choice intellectual honesty looks like.

Although she doesn’t address it in the essay, I think that an even greater test of pro-choice honesty, intellectual or otherwise, will come when the truth about the woman’s pregnancy comes out and she must explain her actions to her children – to the older siblings that the couple may already have and to the surviving twin.  What will they tell these children?  What will a couple who has “selectively reduced” a pregnancy tell their children about what they chose to do to their sibling – their brother or sister in the womb – and why?

Given the views expressed by the different couples in the article, it is difficult to believe that they will not try to exonerate their chosen course of conduct, indeed, to portray it as virtuous, as the only reasonable alternative, as the only sensible and loving choice a responsible parent could have made.  This may be achieved by celebrating “choice” and glossing over the thing chosen.  As one mother who “reduced” her triplets to a single child says in the Times article, she “intends to tell her [now two-and-a-half year old daughter] about the reduction someday, to teach her that women have choices, even if they’re sometimes difficult.”

The doctors who perform “reductions” are partners in this process of exoneration.  As the Times article notes:

The doctors who do reductions sometimes sense their patients’ unease, and they work to assuage it. “I do spend quite a bit of time going through the medical risks of twins with them, because it takes away a little bit of the guilt they feel,” says Stone, the Mount Sinai doctor.

When the issue does arise the couple may mouth reasons already rehearsed in the article.  They may say that they did it out of love for them – for the older siblings and the surviving twin – so that they could afford to send them to college, so that they could spend more time with them growing up.  The fact that love is not a commodity – the central point of Rob’s post – may not resonate with them at so young an age, but they will come to appreciate it in time, causing them to doubt the wisdom of what was chosen – perhaps around the same time that the full worth and weight of the college tuition check Dad just cut hits home.

What is certain is that in explaining their actions to their kids, the couple who selectively aborts will not refer to their children as commodities or to the process of having children in the same crass terms of market and production articulated in the Times piece:

We created this child in such an artificial manner – in a test tube, choosing an egg donor, having an embryo placed in me – somehow, making  a decision about how many to carry seemed to be just another choice.  The pregnancy was all so consumerish to begin with, and this became yet another thing we could control.

That is, in talking to the reporter from the Times, these parents may feel free to be candid and so describe their children as commodities – to see them as things that are produced like widgets.  Nevertheless, they will not refer to their children as things when they look the widget in the eye in explaining their own birth and the “selective reduction” they survived.

Parents who selectively “reduce” may even deny that any “twin” was lost at all (N.B. “Lost,” as if it was only a set of car keys that had been misplaced and not a human being deliberately destroyed).  That is, they may insist that it was merely a clump of tissue that they chose to safely discard.  Given the curiosity of most children this excuse will likely be unavailing, leading as it does to the retort “But Mom, wasn’t I a clump of tissue too?”  And the reply “Oh, Honey, you were different!” will – if real honesty is brought to the table – lead to an uncomfortable exchange unveiling to these children the perilous nature of their own existence at the hands of those whom they love and trust the most.

Wesley Smith captures this point well in his commentary on the Times piece (available here).  There he recalls the first time he heard of the procedure at a bioethics conference and his response to both the euphemism “selective reduction” and to the claim that the procedure can be used to “reduce” triplets to twins:

“Selective reduction doesn’t turn triplets into ‘twins,’” I said.  “It kills one of the three siblings.  The remaining two are still triplets, only one is dead.  And if they ever find out, they will know that but for the luck of where the abortionist chose to put his tools, they might never have been born.”

Moreover, even if the surviving children are misled so as to spare their parents the indignation of being judged murders by their own offspring, as time passes the parental obfuscations of childhood will give way to the chilling reality revealed by the time the siblings enter their high school biology class (assuming of course that schools are still permitted to teach the inconvenient facts of science by the time these children reach adolescence).

All of this can be contrasted with another situation that calls for honesty but one that involves a very different choice.  This is the honesty that is called for when a child who is adopted by another family asks his or her birthmother “Why was I placed for adoption?”  A more direct way of posing the question is “Why did you place me for adoption?”  And behind this question other questions and suspicions of their standing in the world are lurking and begging for some response: “Why was I abandoned?” “Did you reject me?”

I know, both from my own experience with adoption and the experience of friends and family who are also adoptive parents, that situations can vary.  So honesty may require a somewhat different response in different circumstances.  But today, in a cultural setting that celebrates autonomy – including the autonomy to choose death for another – the honest answer of most birthmothers is “No, I did not reject you.  I love you, and I decided that the best and fullest expression of that love was to place you for adoption.”

The practical concerns that led to such a placement decision may have been quite similar to those of women who “selectively reduce” – a lack of familial or financial resources, the interruption of life plans and the frustration of expectations.  But, in the case of adoption, the birthmother responded to these circumstances with genuine honesty – an honesty that reflects both the truth of human life and the truth of human love.

Natural Law, "positivism", judging, etc.

This paper, by Michael Baur, is relevant to a number of MOJ posts and conversations about the role of judges, the extent to which they should (or must) identify and enforce the natural law, the work of Hadley Arkes and others, etc.  Among other things, Baur confirms as sound the view of my friend, Judge Diarmuid O'Scannlain, that there is a "third way" (between "positivism" and "aggressive" natural-law thinking) according to which:

judges may not look beyond the positive law in order to enforce what, in their own minds, is required by the natural law; however, judges working within the American tradition may legitimately appeal to natural law moral principles in their legal decision-making, since this sort of appeal is consistent with strict reliance on the positive law itself insofar as natural law moral principles are built into—or embedded within—American positive law itself. . . . 

UPDATE:  Link added. Sorry for the oversight!

"The Failure of Liberal Bioethics"

Ross Douthat reflects, here, on the recent (very troubling, I thought) NYT Magazine piece on "selective reduction."  He observes:

From embryo experimentation to selective reduction to the eugenic uses of abortion, liberals always promise to draw lines and then never actually manage to draw them. . . . [T]hey find reasons to embrace each new technological leap while promising to resist the next one — and then time passes, science marches on, and they find reasons why the next moral compromise, too, must be accepted for the greater good, or at least tolerated in the name of privacy and choice. You can always count on them to worry, often perceptively, about hypothetical evils, potential slips down the bioethical slope. But they’re either ineffectual or accommodating once an evil actually arrives. Tomorrow, they always say — tomorrow, we’ll draw the line. But tomorrow never comes.

Rick Perry talks climate change

I've long been depressed by the abortion-rights litmus test that operates in the Democratic Party, though the GOP seems to be racing to expand their own list of litmus tests, including a degree of skepticism toward the possibility of human-caused climate change that vastly outpaces the evidence.  Rick Perry's latest volley appears to be par for the course.  For a party with a proud history of environmental stewardship (see, e.g., Theodore Roosevelt) and a membership that includes many religious believers whose obligation to care for creation is God-given, this development is troubling. 

World Youth Day as financial racket

The indispensable Get Religion blog tackles the media coverage of World Youth Day.

South Carolina Presidential Forum

Together with Senator Jim DeMint and Congressman Steve King, I'll be one of the questioners of Republican candidates for President at the South Carolina Presidential Forum on Monday, September 5, 2011.  The Forum will be sponsored by the American Principles Project.  Here is the announcement: 

Palmetto Freedom Forum to Feature Top GOP Candidates

Columbia, SC – U.S. Senator Jim DeMint has announced a Presidential Forum – The Palmetto Freedom Forum – to feature the top Republican candidates for President. The Forum is being sponsored by the American Principles Project and will take place on the afternoon of Labor Day (Monday, September 5, 2011) in Columbia, South Carolina, at the Columbia Metropolitan Convention Center. South Carolina ETV will broadcast this innovative event live on the South Carolina channel. Informational letters will be sent to current and prospective candidates and formal invitations will be extended based on objective polling criteria (see below).

The Palmetto Freedom Forum will follow a unique format, designed to allow invited candidates to engage in a thoughtful, substantive discussion of their stances on the critical issues facing our country. Candidates will be featured on stage one-at-a-time and will engage in a question and answer session with three panelists: U.S. Senator Jim DeMint (R-SC), U.S. Representative Steve King (R-IA), and Dr. Robert P. George, founder of the American Principles Project and a professor at Princeton University. The event will be moderated by David Stanton, a veteran of South Carolina presidential events and former local news anchor.

“I am pleased to be part of this exciting event that will help Republican primary voters make their choice for president,” said Senator DeMint. “America faces enormous challenges in the years ahead, and primary voters must thoughtfully select a candidate with the courage and conviction to fight to save it.”

“This event will present a vital opportunity for the 2012 presidential candidates to discuss their positions on a number of key issues and to outline their vision for the future of our nation,” said DeMint. “Instead of looking for ‘gotcha’ questions and sound bite answers, this event will offer candidates the opportunity to deliver their message directly to undecided primary voters in South Carolina and beyond.”+

Representative Steve King (R-IA), who will join Senator DeMint on the panel, said, "Thirty second responses do not allow the candidates to properly spell out their understanding of our founding and their vision for our way forward. I appreciate Senator DeMint creating a venue that will let the candidates separate themselves on the issues."

A Palmetto Freedom Forum Advisory Committee has been formed to facilitate the event and is comprised of key South Carolina leaders including former SCGOP Chairman Barry Wynn, Columbia businessman Peter Brown, leading SC Republican Election Law Attorney Kevin Hall, former Public Policy Director for the South Carolina Baptist Convention Joe Mack, and former DeMint State Director Luke Byars. It will be sponsored by the American Principles Project (www.americanprinciplesproject.com).

Founder of the American Principles Project, Robert George, said, “The South Carolina presidential forum rests on a conviction---the belief that the way forward for our country is a renewed fidelity to the foundational principles of our civilization and the constitutional principles of our democratic republic. The forum will give those aspiring to the presidency an opportunity to demonstrate the depth of their understanding of our nation's core principles, and the strength of their commitment to governing in accordance with them.”

Participation Criteria: The Palmetto Freedom Forum Advisory Committee will invite those individuals to participate who have achieved a 5% threshold in the realclearpolitics.com 2012 Republican Presidential Nomination RCP Average as is posted on that site on August 22, 2011 at 1PM Eastern Daylight Time.

Wednesday, August 17, 2011

Religion, Community, and Optimism for the Future: The Example of Muslims

Rod Dreher, on the RealClearReligion site, observes how Muslims in Great Britain have responded to the riots with community solidarity and cooperative efforts to protect neighborhoods and businesses.  He notes a study of teenagers in an impoverished neighborhood in Birmingham and how differently Muslim kids saw the world and their future:

In 2009, Britain's Learning for Life project released a study of the beliefs and attitudes of 14-to-16 year olds living in the impoverished Hodge Hill neighborhood of Birmingham, Britain's second-largest city and a target for looters. The contrast of views of Hodge Hill's Muslims and non-Muslims is remarkable, and instructive.

Though everyone studied lives in the same neighborhood, and in relative poverty, the character profile of Muslim kids was far different. The report found that Hodge Hill's Muslims took religion seriously (unlike the others, who had no real engagement with religious thought or practice), and come from strong families guided by engaged fathers. Among the Muslims, parents and children alike are optimistic about their futures, with their aspirations "often centered around responsibility to the family."

The Learning for Life researchers found that Muslim students were more engaged with their communities, "get on better with their neighbors," and that "there is a strong sense of Islamic solidarity within the community."

And there's this, from the Learning for Life report:

Muslim students tended to think that Britain was fairer. One remarked that 'it's what you make of it innit? Seems fair to me' -- suggesting that they had a higher level of self-control than other groups. Non-Muslim students were more critical of Britain, commenting that it had done little for them.

Muslims in America are very similar and distinctive in this regard.  As reported by the Pew Research Center in 2007, in its comprehensive study of Muslims Americans, a larger percentage of Muslims (71 percent) than the general public (64 percent) has internalized the American work ethics and believe they can move ahead through hard work.  Overall, 78 percent of Muslims in the United States report that they are either happy or very happy.  A very recent new Gallup poll found that, among all religious groups, Muslim Americans are the most optimistic about their future.

Not only do these studies confirm, contrary to stereotype, that Muslims in the West are mainstream, involved in their communities, and good neighbors, but these studies show again the vital importance of faith for building strong communities and instilling healthy values in the next generation.  As I read these reports about Muslims in Great Britain and the United States, it's hard not to think of the same being true of Catholics and Catholic communities in the United States in decades past.

We as legal scholars and political commentators are apt to think that our law reform and public policy efforts are important and hold the answers to our social problems.  But I continue to think that our parishes and parish schools are likely to be making a bigger difference for our communities and our future.  As our Muslim neighbors are showing us, we should not be waiting for government and new social programs to fill the hole in the soul of our community.  We need to renew our own commitments to our parishes and Catholic schools, which are teaching our children how to thrive and how to build satisfying lives grounded in Catholic faith and moral values.  God/Allah bless our Muslim neighbors for reminding us of these first principles.

Greg Sisk