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, October 19, 2010

"Family-First Conservatism"

Joe Carter posted, at First Things, this "tentative manifesto" a few weeks ago.  (Aside:  "tentative" and "manifesto" don't seem to me to go together very well.)  After noting all the different versions and variations of "conservatism", he sets things up with this: 

The institution most essential to conserve is the family.  

I believe that while ultimate sovereignty belongs to God alone, He delegates authority throughout society to various institutional structures (churches, businesses, the state, etc.). Naturally, these institutions are not immune to the effects of sin or human depravity but they still retain the legitimate authority given to them by our Creator. Although each of these institutions is important, the most essential is the family. My political philosophy could be called “family-first conservatism” for I believe that, in our current time and place within Western history, the institution of the family should be given pride of place in decisions about public policy.

Carter's "manifesto" is intended, it seems to me, as a Burkean corrective to the libertarian-individualistic version of conservatism that is, these days, quite popular.  The comments to Carter's post are also worth reading.

Check it out, whether you are "conservative" or not.  To what extent does the "manifesto" track or echo Catholic Social Teaching?

Monday, October 18, 2010

Ex-Catholics and Nominal Catholics

Tom Roberts has an interesting article in the National Catholic Reporter discussing Pew Forum data about those who have left the Catholic Church in the U.S. It is well known that more persons have left the Catholic Church than any other denomination. Thirty-two percent of those who are born Catholic, some 23 million people leave the Church. What happens to them? Ex-Catholics are almost evenly divided between Protestants and unaffiliated. A far smaller percentage belong to non-Protestant religious groups. I would guess that a plurality of ex-Catholic Protestants belong to the Episcopalian Church (Episcopalian priests report that their most numerous converts are ex-Catholics). But I have not seen data on this.

Although the data in Roberts's article does not present a sunny view of the Church’s ability to retain members, the picture is actually much worse. Roberts's article discusses those who leave the Church. If you combine those who leave the Church with those who rarely attend, the percentage of those who leave or rarely attend rises to above 60%. See Putnam and Campbell, American Grace 138 (2010). This crisis in the Church has been disguised in part by immigration. Without Latino immigration the American Church would have experienced a “catastrophic collapse.” Id. at 299. But the increased and increasing Latino presence in the Church should ease the decline because Latinos leave at lower rates and attend at higher rates.

One final point of perspective. Although Catholics have the highest number of persons leaving a denomination, some other religious groups have similar (mainline Protestants) (or worse, e.g., Jews) percentage declines, albeit for different reasons. More on that later.

cross-posted at religiousleftlaw.com

Politics, Taxes, and the Pulpit

Nina J. Crimm (St. John's University School of Law) and Laurence H. Winer (Sandra Day O'Connor College of Law at Arizona State University) have just published Politics, Taxes, and the Pulpit: Provocative First Amendment Conflicts (OUP 2011).  I'll let some of the blurbs on the back of book speak for themselves, especially because one of them is by me. 

Here's what John Witte Jr. says in his blurb:  "Crimm and Winer on religious tax exemptions will be the standard treatment for many years to come.  This book is the most insightful and incisive analysis we now have of the history, policy, law, and constitutional questions surrounding federal income tax exemptions for religious communities.  Litigators, lobbyists, judges and legislators will find powerful new arguments to rethink whether it makes sense to force churches to pay taxes to play in the game of politics -- especially when virtually everyone else plays for free and the Constitution guarantees the free exercise of religion."

And here's my blurb:  "Politics, Taxes, and the Pulpit is a model of how to translate the First Amendment's exalted values into the workable details of a functioning legal system.  With clarity, cogency, and conviction, Crimm and Winer demonstrate why and how current restrictions on the speech of 501(c)(3) corporations, including many houses of worship, should be reformed to give better effect to our constitutional norms of freedom of religion and free speech.  This strong yet subtle account of pressing social, ethical, and legal issues deserves the careful study of a wide readership."

Reid on Christianity and ideology: a case study

My colleague, Charles Reid, gave a talk last week to a gathering at our school exploring the question of Christianity and ideology, using the story of Hypatia as a case study.  I thought it might be of interest to MoJ readers:

I have been asked to reflect on religion and ideology today.  As my students know, I am by training and inclination a legal historian.  And both callings -- that of lawyer and that of historian -- demand attention to facts, to stories, to narratives, to the complex weave of the personal, the idiosyncratic, and the principled, the ideal, the abstract.  History -- like the practice of law -- is always a blend of "one-time-oneliness" and foundational principles and axioms.

Perhaps the best place to start my reflection is with the word "ideology."  It has, it seems, two primary meanings in common speech today.  The first is a fairly innocuous, fairly benign understanding -- the motivations, the mainsprings, the ideas and ideals that give rise to political action.  But there is also a second, less benign, more ominous definition -- the manipulation of reality to fit personal ends, a quest for power, a misguided effort to blend together belief and the desire to have control over others, whether on a small-scale, or in society, writ large.

Continue reading

Sunday, October 17, 2010

An exchange on what it means to be a Christian

Recently, my Princeton colleague Cornel West and I engaged each other in a public conversation entitled "In the World But Not Of the World:  What It Means to be a Christian."  For anyone interested, here is a link to the video of our discussion.  The event was co-sponsored by Princeton's Catholic chaplaincy and several campus Evangelical Protestant groups.

Saturday, October 16, 2010

Thanks to Susan and Patrick

 

I would like to thank Patrick and Susan as the inspiration for this posting—Patrick for his earlier posting “Governing in the Church—one among many reasons for libertas ecclesiae” and Susan for hers “What Role for Theologians.” While they both may be scratching their respective heads as they think about how could they have been catalysts for what follows, I can take them off the hook by stating that elsewhere in the Catholic news services reports of the issues they addressed have recently appeared.

My task today is to talk a bit about the question of how ecclesial governance is not so much an exercise in authority as it is an exercise of service that must remain free and how the role of the theologian plays into all this. So, here goes:

I had previously seen the short essay written by Professor Regina Schulte to which Susan referred us that expresses Schulte’s outrage over the rebuke issued to Professors Todd Salzman and Michael Lawler by the Committee on Doctrine of the United States Conference of Catholic Bishops regarding their recent book The Sexual Person. The twenty-four page September 15, 2010 report of the Committee on Doctrine can be downloaded HERE: Download Sexual_Person_2010-09-15[1].

At the outset I am intrigued that Schulte concentrates on the last thirty to forty years by asserting that “the Catholic church [sic] has seen no progress in formulating a contemporary understanding of human sexuality...” In reading her claim, I wondered what developments in human sexuality have occurred during these three-plus decades that had not already occurred in the several thousand preceding years which would necessitate a response of reconsideration by the Church which has been around for two thousand years?

The answer, or at least the beginning of one, comes in the context of two different views of Church authority that have appeared in this recent three-plus decades. The first view contains the perspectives of Paul VI and John Paul II; the second contains the views of many contemporary moral theologians/theological ethicists. In short, the Schulte project brings to the surface the opposition between what I see as the magisterium and the shadow magisterium.

Regarding issues of sexual ethics, Pope Paul VI’s encyclical Humanae Vitae (1968) set the stage for Schulte’s essay. She encapsulates this in her statement: “By rejecting the book as in opposition to ‘authentic’ teaching, the bishops once again reeled this vital issue back to the 1966 [sic] papal encyclical Humanae Vitae. It was then [sic] that Pope Paul VI stunned the church [sic] by writing that allowing contraceptive practice as a moral choice for married couples would break with traditional church teaching.” With all due respect to Professor Schulte, Paul VI said a great deal more in the encyclical, and it is hyperbole to argue that he “stunned” the Church in saying what he did. Tolle, lege: Humanae Vitae.

Knowing that the teaching authority—the magisterium—is an issue in this posting and that the nature of the magisterium is of major concern to Professor Schulte, here is an important, sensitive, and correct pastoral statement offered by Pope Paul in Humanae Vitae that explains his proper authority and competence that is so much a source of contention with some theologians of the present age:

 

However, the conclusions arrived at by the commission could not be considered by Us as definitive and absolutely certain, dispensing Us from the duty of examining personally this serious question. This was all the more necessary because, within the commission itself, there was not complete agreement concerning the moral norms to be proposed, and especially because certain approaches and criteria for a solution to this question had emerged which were at variance with the moral doctrine on marriage constantly taught by the magisterium of the Church. Consequently, now that We have sifted carefully the evidence sent to Us and intently studied the whole matter, as well as prayed constantly to God, We, by virtue of the mandate entrusted to Us by Christ, intend to give Our reply to this series of grave questions. (N. 6)

 

Professor Schulte then makes an argument from “democracy” when she contends that a majority of the laity “had already concluded that artificial birth control was a necessity.” The fact that a majority of Catholics may vote for candidate X rather than candidate Y; or, the fact that a majority of Catholics think this rather than that does not make doctrine of the Church. If it did, what could we say about the views of a majority of Catholics on sensitive subjects in the past such as slavery? But does Professor Schulte or, for that matter, anyone else really know what a majority of Catholics think about the “necessity” of birth control? Some may employ it, but do they consider it a “necessity”? Allow me to posit that no one really knows the answer to this question posed by Schulte’s assertion.

Professor Schulte then goes on to mention some of the current, explosive issues of the day that have been addressed by competent Church authorities and others: surrogate motherhood; sex-change surgery; IVF; cohabitation before marriage; physical expression of homosexual love; same-sex “marriage”; abortion; and, “the growing and unsustainable overpopulation of our planet.” We know that competent Church authorities have addressed all these and other important issues in recent years; and, some moral theologians/theological ethicists have registered their opposition of Church teachings with countering opinions. Taking note of these opposing views and in the exercise of his competence and legitimate authority, John Paul said this in Veritatis Splendor [more Tolle, lege HERE]:

 

In their desire, however, to keep the moral life in a Christian context, certain moral theologians have introduced a sharp distinction, contrary to Catholic doctrine, between an ethical order, which would be human in origin and of value for this world alone, and an order of salvation, for which only certain intentions and interior attitudes regarding God and neighbour would be significant. This has then led to an actual denial that there exists, in Divine Revelation, a specific and determined moral content, universally valid and permanent. The word of God would be limited to proposing an exhortation, a generic paraenesis, which the autonomous reason alone would then have the task of completing with normative directives which are truly “objective”, that is, adapted to the concrete historical situation. Naturally, an autonomy conceived in this way also involves the denial of a specific doctrinal competence on the part of the Church and her Magisterium with regard to particular moral norms which deal with the so-called “human good”. Such norms would not be part of the proper content of Revelation, and would not in themselves be relevant for salvation. No one can fail to see that such an interpretation of the autonomy of human reason involves positions incompatible with Catholic teaching. (N. 37)

 

John Paul II’s correction did not go unanswered. Schulte presents her challenge to this by stating that “It is apparent that the hierarchy has usurped the entire teaching office—the “magisterium”—for themselves... [Here Schulte offers her take on the role of “theologians” and the sensus fidei] It would seem, then, that the appropriate exercise of their distinctive roles requires that bishops collaborate rather than compete.” Another influential theologian’s voice has stated that, “Moral theologians were quite angry about [Veritatis Splendor], especially with the implicit charge that moral theologians were teaching moral relativism. Inasmuch as we search for moral truth, to suggest that we were advancing moral relativism is probably the most serious attack to be made on us.” I does not appear that the bishops or any other competent authorities are trying to “compete” with anyone; rather, they are fulfilling the service responsibilities with which they have been charged in the Dogmatic Constitution of the Church. The competition comes from voices, quoting from the same source just mentioned, which argue that there are no longer universal moral responses to ethical issues; rather, these voices further contend that it is the duty of “contemporary moralists” to help “persons to rightly realize their moral truth.” Well, when all is said and done, this is nothing more than relativism and subjectivism, and this was of the concern of Paul VI and John Paul II, as I know it is of the concern of Benedict XVI as well.

Regina Schulte concludes that theologians are not mere catechists because they have a role to move Catholic moral theology forward. If that is the case, where is the “forward,” i.e., what is the destination? The Committee on Doctrine has answered that question in the context of The Sexual Person, and their decision is well reasoned and demonstrates the proper exercise of their teaching role that is once again defined by the Dogmatic Constitution of the Church. The remaining issue is this: will the bishops remain free to exercise properly their competence and their service of authority to the Church? Regina Schulte does not seem to think so.

 

RJA sj

 

 

Stanley Cavell's Autobiography

The Chronicle of Higher Education contains a review of Stanley Cavell's autobiography, Little Did I Know. For those unfamiliar with Cavell's work, he has been an influential reader of Wittgenstein for Catholic analytic philosophers. Fergus Kerr, for example, in the Preface of his important study,Theology After Wittgenstein, writes of Cavell, "I owe far more than my references might suggest to the weird and wonderful works of Stanley Cavell, from which I have received endless delight and illumination." (Kerr, vii) An interesting example of Cavell's influence on Kerr can be found in section of Kerr's book dealing with Wittgenstein on topic of skepticism, Kerr writes, quoting Cavell:

 If Descartes 'discovered for philosophy that to confront the threat of or temptation to skepicism is to risk madness', then (Cavell thinks) Wittgenstein's work 'confronts this temptation and finds its victory exactly in never claiming a final philosophical victory over (the temptation to) skepticism'--for that (Cavell maintains) ' would mean a victory over the human. (Kerr, 211, quoting Cavell, This New Yet Unapproachable America, 37)

Friday, October 15, 2010

What Role for Theologians

Given the recent posts on issues relating to the Church position on homosexuality, an NCR commentary written by Regina Schulte, a theologian and the wife of the late James Schulte, coauthor of Human Sexuality: New Directions in American Catholic Thought, the 1977 study commissioned by the Catholic Theological Society of America, might be of interest to some.  Schlute argues that "[t]he roles of theologian and bishop in their complementary relationship are badly in need of re-examination and carefully nuanced distinctions."  She writes:

It is apparent that the hierarchy has usurped the entire teaching office -- the “magisterium” -- for themselves; yet they are only one of three components endowed with this charism. Theologians and the wisdom born of experience in the “sense of the faithful” comprise the other two. It would seem, then, that appropriate exercise of their distinctive roles requires that bishops collaborate rather than compete.

The full commentary is here.

Thursday, October 14, 2010

Governing in the Church -- one among many reasons for libertas ecclesiae

Fr. Bramwell has an outstanding piece over at The Catholic Thing on that work of the pastors of the Church that is rarely named today, viz., governing.  True governing, as Bramwell observes, is a form of service, the service of leading souls to God.  Such service also takes the forms of teaching and sanctifying, of course, but -- this is Bramwell's point -- it does properly take the form of governing, as Bramwell shows in interpreting some recent and subtle words of Pope Benedict. 

This governing role within the Church is important to our MoJ discussion of the reasons there should be a libertas eccelsiae.  Honestly, if the pastors of the Church cannot  -- or do not! -- govern, this might appear, to some at least, as a reason to bring the Church within the scope of the "sovereignty" of the civil governing authority.  Vigorous and upright exercise of the governing authority by the pastors of the Church should provide a concrete reason, among others, for the state to stand back and let the Church be Church.  No persuasive argument for true libertas ecclesiae, I suspect, can be grounded in the Church as (to borrow a phrase from Chief Justice Roberts in the Free Enterprise case) "cajoler-in-chief."   

Open Hearts and Open Minds at Princeton

Tomorrow and Saturday, Princeton is hosting a conference on abortion titled, "Open Hearts, Open Minds, and Fair-Minded Words: A Conference on Life and Choice in the Abortion Debate."  I'll be participating, along with MoJers Rick Garnett and Lisa Schiltz.  You can watch the proceedings live, and you might at least want to check out the session in which Peter Singer, Maggie Little and John Finnis will discuss the moral status of the fetus.