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, June 8, 2010

Must Knowledge Be Secular?

This week I'm participating in a St. Thomas faculty seminar titled, "Must Knowledge Be Secular?"  The seminar is being led by Notre Dame history prof Brad Gregory, and Brad is using it to try out portions of his forthcoming book, Disentangling the West: The Reformation Era and the Makings of Modernity.  The book should generate lots of conversations on MoJ and elsewhere.  He's pushing back against many of the dominant historical narratives, including the story that science's eclipse of theology was an inevitable byproduct of the nature of scientific inquiry.  Brad complicates the story -- e.g., arguing that the widespread and seemingly unresolvable disagreements about Christian doctrine during the Reformation era helped drive the trend toward the privatization of religion and the secularization of knowledge.  In order to move beyond the doctrinal disputes, the conversation retreated to a plane of "natural" reason, becoming more and more disconnected from substantive Christian claims. 

The history has opened up a range of questions within the seminar:  When a historian is open to theology, is that openness aimed simply at a better understanding of the subject, or should the openness encompass the possibility that theological claims are actually true?  What would it look like for universities (secular as well as Christian) to make space for theology (or more broadly, the transcendent)?  And should a Catholic university do more than "make space" for theology?  If so, what exactly should it look like?  In any event, Brad's work reflects the extent to which many of our current debates are shaped by the historical narratives we embrace.

Monday, June 7, 2010

From Ayn Rand to Glenn Beck

"Nietzsche, the child of a Lutheran pastor, radicalized this argument, painting all of Christianity—indeed all of Western religion, going back to Judaism—as a slave morality, the psychic revolt of the lower orders against their betters. Before there was religion or even morality, there was the sense and sensibility of the master class. The master looked upon his body—its strength and beauty, its demonstrated excellence and reserves of power—and saw and said that it was good. As an afterthought he looked upon the slave, and saw and said that it was bad. The slave never looked upon himself: he was consumed by envy of and resentment toward his master. Too weak to act upon his rage and take revenge, he launched a quiet but lethal revolt of the mind. He called all the master's attributes—power, indifference to suffering, thoughtless cruelty—evil. He spoke of his own attributes—meekness, humility, forbearance—as good. He devised a religion that made selfishness and self-concern a sin, and compassion and concern for others the path to salvation. He envisioned a universal brotherhood of believers, equal before God, and damned the master's order of unevenly distributed excellence. The modern residue of that slave revolt, Nietzsche makes clear, is found not in Christianity, or even religion, but in the nineteenth-century movements for democracy and socialism:

Another Christian concept, no less crazy, has passed even more deeply into the tissue of modernity: the concept of the "equality of souls before God." This concept furnishes the prototype of all theories of equal rights: mankind was first taught to stammer the proposition of equality in a religious context, and only later was it made into morality: no wonder that man ended by taking it seriously, taking it practically!—that is to say, politically, democratically, socialistically.

When [Ayn] Rand inveighs against Christianity as the forebear of socialism, when she rails against altruism and sacrifice as inversions of the true hierarchy of values, she is cultivating the strain within conservatism that sees religion as not a remedy to but a helpmate of the left. And when she looks, however ineptly, to Aristotle for an alternative morality, she is recapitulating Nietzsche's journey back to antiquity, where he hoped to find a master-class morality untainted by the egalitarian values of the lower orders.

Though Rand's antireligious defense of capitalism might seem out of place in today's political firmament, we would do well to recall the recent revival of interest in her books. More than 800,000 copies of her novels were sold in 2008 alone; as Burns rightly notes, "Rand is a more active presence in American culture now than she was during her lifetime." Indeed, Rand is regularly cited as a formative influence upon an entire new generation of Republican leaders; Burns calls her "the ultimate gateway drug to life on the right." Whether or not she is invoked by name, Rand's presence is palpable in the concern, heard increasingly on the right, that there is something sinister afoot in the institutions and teachings of Christianity.

I beg you, look for the words "social justice" or "economic justice" on your church website. If you find it, run as fast as you can. Social justice and economic justice, they are code words. Now, am I advising people to leave their church? Yes.

That was Glenn Beck on his March 2 radio show, taking a stand against, well, pretty much every church in the Christian faith: Catholic, Episcopalian, Methodist, Baptist—even his very own Church of Latter-day Saints."

[Here for the entire essay.]

[HT:  Mollie Wilson O'Reilly, "Ayn Rand and Aristotle, @ dotCommonweal.]

God (as mediated by Julian of Norwich) to Peter Singer

"All shall be well, and all shall be well, and all manner of things shall be well."

Heinrich Rommen

 

As I was recently paging through my copy of Heinrich Rommen’s The Natural Law, I came across this passage of his:

 

When little or no respect any longer exists for any authority; when marriage generally ceases to be differentiated from concubinage and promiscuity; when the honor of one’s fellow citizen is no longer respected and oaths no longer have force, then the possibility of social living, of order in human affairs, vanishes together.

 

Although his thoughts were penned in 1935 when he and his family were still living in Germany where he had been a guest of the state police, they ought to provide us with insight about many of the issues we tackle here at the Mirror of Justice seventy-five years later.

 

RJA sj

"At Any Cost: Heroic Measures to Saves Lives"

Some time ago my sister, Angela, sent me her essay "At Any Cost:  Heroic Measures to Save Lives." Although written after the Haiti earthquate and well before Peter Singer's recent op-ed titled "Should This Be the Last Generation?," I think it offers a powerful response to his essay.

All work stops.  A small tapping sound is heard beneath the rubble; signs of life.  Everyone on the rescue team increases their determination and will go to any length to find the survivor.   I have watched the tremendous humanitarian efforts of not only trained professional rescuers, but film crews, family members, and every day individuals as well.  They are all trying to save as many lives as possible following the devastating earthquake in Haiti.  The images on television are heartbreaking; children, already born into difficult circumstances, now facing unimaginable hardships, many without parents, shelter, and even limbs.  But they are alive and the world rejoices.

 

I cannot help but wonder, how many more are left under the rubble still alive?  They may be buried so deep, that any signs of life cannot be heard.  Their movements and sounds go unnoticed.  There is no doubt; every rescuer present would risk their very lives to save them, if they could only hear their cries.  No matter how difficult the circumstances the children and other survivors will face, everyone agrees, life is worth saving.

 

In spite of the magnitude of the disaster, I cannot help but be filled with hope for our world.  Nations are at war, global recession is wreaking havoc, and crime is on the rise, while job opportunities are falling.  Still, the global community has heard the cry for help and responded to the humanitarian call.  The world has sent a message from Haiti as a testament to life itself.  Everyone has joined forces around one of the poorest nations in the world to literally lift it from the rubble and preserve life. 

 

If the world will rally for Haiti, will it not also finally join forces and rally on behalf of all the unborn whose lives are in danger?  These children are moving, tapping, living.  Although we cannot hear their cries, we know they are there.  With today’s technology, we do not have to rely on microphones buried deep within the Earth to detect life, we can see their humanity.  Although not everyone will agree that life begins at conception, there is clearly life forming activity from the very start.  The life forming is human.  If we followed the example of rescue workers in Haiti, we would proceed on the assumption that what we are detecting is alive. Rescuers are not absolutely certain that they will find someone breathing when they finally make their way through the rubble.  If there is even the slightest chance that someone is left alive, they give their absolute effort.  Should we not proceed as well, erring on the side of caution, not waiting until everyone is convinced that a human embryo is human life?  If there were even the slightest chance that a life could be spared, wouldn’t all of us want to give our absolute effort? 

 

Precious time is passing and lives are being lost.  It is time to put political positions aside, join forces, and as a global community, collectively work to preserve life.  Just like many of the children we have seen on the news laying in parks next to the ruins, these unborn children may be “unwanted,” they could be born into “devastating” circumstances, many could even be deformed or facing other unimaginable health issues.  They have a chance at life though.  The world has spoken in Haiti.  Life, no matter how devastating the circumstances, is worth saving.  What of these unborn lives?  Will we not go to heroic measures to save them?  Their tapping will go on long after the Earth finally settles in Haiti.  Let’s not let their sounds go unheard.

Capital Punishment, Revisited

Interesting post by Lisa Fullam, with comments, over at dotCommonweal.

No Cheers for Hedgehogs

Ronald Dworkin has a book forthcoming later this year, Justice for Hedgehogs, but there is already a symposium in the Boston University Law Review discussing it with a response by Dworkin. I have always been attracted to the main lines of Dworkin’s philosophy of law and repelled by his account of liberalism. Indeed, I got interested in political theory because of how much I disagreed with him. In general, I despise his liberalism because it is designed for hedgehogs. In my view, social reality is too complicated and values conflict in too many contexts to hope or expect that a theory with a few small premises could lead us to good results across a wide variety of cases, but that is exactly Dworkin’s objective. I think the notion that the state should be neutral about the good life to be simplistic. I think that the deductions of hedgehog theory are forced. I think they obscure the tragic choices inevitably made in decisionmaking. I went on a partial rant in this vein at the Colloquium on Philosophy and the Social Sciences in Prague and one of the presenters, Frank Michelman, who has read the book (and written about it in an interesting essay) said, “Steve, you are not going to like this book.”

 I have read many of the essays in the symposium. I particularly like two of them so far (in addition to Frank Michelman’s). Martha Minow and Joe Singer have a wonderful essay stressing the existence of tragic choices that are suppressed by Dworkin’s analysis and why the acknowledgement of such choices is more true and humane that that put forward by Dworkin. Robin West also has a very nice essay which opposes the neutrality about the good life idea and argues that the idea of rights as trumps can obscure the tragic choices made.  She also makes the interesting point that with all our theorizing about what legislators must not do; we have undertheorized the question of what they should be morally (and perhaps legally) obligated to do.

These essays and the other essays in the symposium are available here


Sunday, June 6, 2010

Americans' evolving views of homosexuality

NYT, June 4, 2010

Charles M. Blow, "Gay? Whatever, Dude"

Last week, while many of us were distracted by the oil belching forth from the gulf floor and the president’s ham-handed attempts to demonstrate that he was sufficiently engaged and enraged, Gallup released a stunning, and little noticed, report on Americans’ evolving views of homosexuality. Allow me to enlighten:

1. For the first time, the percentage of Americans who perceive “gay and lesbian relations” as morally acceptable has crossed the 50 percent mark. (You have to love the fact that they still use the word “relations.” So quaint.)

2. Also for the first time, the percentage of men who hold that view is greater than the percentage of women who do.

3. This new alignment is being led by a dramatic change in attitudes among younger men, but older men’s perceptions also have eclipsed older women’s. While women’s views have stayed about the same over the past four years, the percentage of men ages 18 to 49 who perceived these “relations” as morally acceptable rose by 48 percent, and among men over 50, it rose by 26 percent.

I warned you: stunning.

There is no way to know for sure what’s driving such a radical change in men’s views on this issue because Gallup didn’t ask, but that doesn’t mean that we can’t speculate. To help me do so, I called Dr. Michael Kimmel, a professor of sociology at the State University of New York at Stony Brook and the author or editor of more than 20 books on men and masculinity, and Professor Ritch Savin-Williams, the chairman of human development at Cornell University and the author of seven books, most of which deal with adolescent development and same-sex attraction.

Here are three theories:

Continue reading

Peter Singer: "Should This Be the Last Generation?"

The Stone
Should This Be the Last Generation?

Should This Be the Last Generation?

On the moral calculus of bringing a child into the world.

Constitutional/constitutive deceit?

Many good answers to questions that properly arise in the face of the dilemma -- which I regard to be false -- of judges either *making it up* or *looking it up* can be found in Jeff Powell's Constitutional Conscience: The Moral Dimension of Judicial Decision (The University of Chicago Press, 2008).  The question animating the book is of a piece with the one Michael Perry and Rick Garnett have just been pursuing here (or not quite pursuing, pending something Michael Perry mentioned in Brooklyn): When is it a good idea, all things considered, for a judge to lie about what he or she is up to in reaching/justifying a decision?  Powell's claim is that virtues -- faith, integrity, candor, and humility -- should guide constitutional interpretation, because they (virtues)  are among the ends we as individuals and as a people should be seeking and living (including by engaging in constitutionalism at all).  I share Powell's judgment that the people who endow the governing authority with power have the right (because they have the duty) to expect of it/them virtuous conduct of office, which includes honoring the terms of the delegation of office they have received.  If they should come to understand that they cannot perform under that delegation without doing (serious) wrong, then they must not perform under it, unless of course one believes one can do a (proportional) wrong to achieve a "right."  Proportionalism, though, as a species of moral theory, is last season, not to mention vicious.