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, May 7, 2010

From our friends over at dotCommonweal

Archbishop Grings, meet Cardinal Schoenborn

Posted by David Gibson

In other news from Lake Wobegone, Austrian Cardinal Christophe Schoenborn, a former student of Ratzinger’s who is close to the pope, gave some noteworthy comments to Austrian media — via the latest edition of The Tablet:

The head of the Austrian Church has launched an attack of one of the most senior cardinals in the Vatican, saying that Cardinal Angelo Sodano, dean of the College of Cardinals, “deeply wronged” the victims of sexual abuse by Catholic clergy when he dismissed media reports of the scandal. In a meeting with editors of the main Austrian daily newspapers last week, Cardinal Christoph Schönborn, the Archbishop of Vienna, also said the Roman Curia was “urgently in need of reform”, and that lasting gay relationships deserved respect. He reiterated his view that the Church needs to reconsider its position on re-married divorcees.

More here.

It seems the Holy Spirit does blow where he, or she, will…

[Comments on this post, here.]

[David Gibson's reference to Archbishop Grings is a reference to a post of Eduardo's that immediately precedes David's post:]

Those Were the Days…


Brazilian Archbishop Dadeus Grings does his best Archie Bunker impersonation, seeming to wistfully recall the days when it was acceptable to discriminate against homosexuals.  (Via the Daily Telegraph, HT Andrew Sullivan):

“When sexuality is trivialized, it’s clear that this is going to affect all cases. Homosexuality is such a case. Before, the homosexual wasn’t spoken of. He was discriminated against.

“When we begin to say they have rights, rights to demonstrate publicly, pretty soon, we’ll find the rights of paedophiles,” he said.

Thursday, May 6, 2010

The case of Dr. Phil Boyle

Dr. Phil Boyle is a physician in Ireland who specializes in fertility treatments.  His clinic adheres to Church teaching, and thus Dr. Boyle limits his treatments to married couples.  Because of his refusal to provide treatment to an unmarried person, he was brought before the Medical Council for a "fitness to practice" inquiry.  Several weeks ago, Dr. Boyle called me, looking for some expert support to counter the charges that his conduct was unethical.  I'm not (even remotely) qualified to serve as an expert on medical ethics, but I was able to put him in touch with a friend of mine, Carr Furlin, a medical ethicist at the University of Chicago.  Dr. Furlin, along with medical ethics luminaries Daniel Sulmasy and Mark Siegler, provided a last-minute expert opinion that conclusively refuted the notion that Dr. Boyle's conscientious decision to limit his practice to married couples would somehow be construed as unethical.  Their opinion even seems to have had an impact on the opposing expert, judging from the opposing counsel's inability to elicit favorable testimony from the expert at the hearing.  Here is an excerpt from their expert opinion:

Conscientious refusals are as old as the Hippocratic Oath, in which physicians swear to refuse to provide drugs that would be used to hasten a patient’s death,"no matter how much implored.” Yet conscientious refusals are much more central to the practice of medicine than questions about sexuality and end of life care. Indeed, the very concepts of physician discernment, of independent clinical judgement, and of medicine as a moral profession, require that the profession allow physicians to refuse to provide interventions that they believe are immoral or inconsistent with their medical commitments. These range from refusing patients’ requests for antibiotics when in the physician’s judgment antibiotics are unwarranted, to refusing to provide abortion or physician-assisted suicide. This right and obligation of conscientious refusal has been reiterated again and again in medical codes of ethics over the past centuries and up to our day. Indeed it is implied directly by paragraph 1.3 of the Guides to Ethical Conduct and Behaviour which states, “Medical care must not be used as a tool of the State, to be granted or withheld or altered in character under political pressure. Doctors require independence from such pressures in order to carry out their duties.” As such, those who would allege that Dr. Boyle has acted unprofessionally are going against, not with, both historic and contemporary standards of medical ethics and practice.

Happily, the case was dropped, and Dr. Boyle remains free to practice medicine consistently with his conscience (and Church teaching).  The fact that the opinions of three prominent medical ethicists were required in order to establish Dr. Boyle's fitness to practice is astounding on its own, but at least some common sense prevailed in this case.

Horwitz reviews Richards on "Fundamentalism"

MOJ-friend Paul Horwitz has a review up, at the Concurring Opinions blog, of David A. J. Richards's book, "Fundamentalism in American Religion and Law:  Obama's Challenge to Patriarchy's Threat to Democracy."  (Interesting title.)  Paul opens with this:

When you read the words “This is a provocative book” in a review, you know you’re in the presence of a mixed compliment.  On the one hand, the critic will praise the book for saying something new, interesting, and potentially valuable about an important topic.  On the other, it signals that the critic thinks there is something deeply flawed, wrong, or misguided about the book, and has reached for polite language to damn it with faint praise.

With that said, let me be clear: In Fundamentalism in American Religion and Law: Obama’s Challenge to Patriarchy’s Threat to Democracy, David A.J. Richards has written a provocative book. . . .

Like everything Paul writes, the review is well worth a read.  (Judging by the review, though, I'd have to say it's not clear the same can be said for book.)  Paul writes:

[T]here is much to admire and chew over in this book.  But there is something deeply sad about it as well.  The last three decades or so have seen ever more sympathetic and thoughtful attempts to engage with both religious fundamentalism and constitutional originalism.  In the first area, blunt invocations of “public reason” have become rarer, as we have come to appreciate the difficulty of separating public reason from religious and other priors.  In the second, originalism itself has evolved, and so have the responses to it.  In some cases, liberals have framed more thoughtful critiques of originalism, and in others they have absorbed some of its precepts into their own way of thinking.

To all of this, Richards responds mostly with incredulity and accusations of false consciousness.  In a recent review of a life of another writer of jeremiads, Christopher Lasch, Alan Wolfe writes that “Lasch loved to attack, but he always seemed surprised that the objects of his attack fought back.  In his own mind, he was the courageous teller of truths that no one wanted to hear; and so his critics must have been engaged in a prolonged attempt at denial.”  Perhaps this reaction is fundamental to the jeremiad form, because it describes Richards’s book equally well.  If his critics resist his conclusions, well, that proves he is right.  If they quarrel with his conclusion that they are just suffering from Mommy problems, their very denial only confirms his diagnosis.

"Sad" is right, I think.

The Wisdom of Nicholas Kristof?

I should like to thank Steve, Susan, Rick, and John for their various contributions regarding Nicholas D. Kristof’s The New York Times op-ed piece of May 2, 2010, “Who Can Mock This Church?” As you might surmise, I have a response to Mr. Kristof and his views. At first I wondered if he was mocking the Church or if he was mocking certain people in the Church. His commendation of people like Sister Cathy and Fathers Michael and Mario is clear, but his condemnation of “cardinals” and others in the Vatican is equally unambiguous. However, his lack of understanding of the Church, the People of God, the Body of Christ, the Communion of Saints is limited; moreover, this limitation is patent in what he has to say about the Church that is one. This is what he mocks. What some may call wisdom in his op-ed piece, I call a lack of understanding.

I continue by raising the question: would he have used such a title about mocking somebody or some institution if it were not the Roman Catholic Church? I have no immediate answer to my own question, but there is something in his title that suggests the Church can be mocked even though persons or other institutions with whom he might also disagree ought not to be mocked, at least publicly.

But this is not my point of writing. When I read Mr. Kristof’s op-ed piece when it was published, I found myself disagreeing with him on many fronts. No surprise there for many of you.

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Wednesday, May 5, 2010

Biblical Israel and Modern Political Thought

This book, The Hebrew Republic: Jewish Sources and the Transformation of European Political Thought, looks really interesting (and manageable at only 240 pages!):

Eric Nelson’s magnificent book is a trim and incisive scholarly history that aims to show how something called the Hebrew Republic “transformed political thought” between the sixteenth and early eighteenth centuries. The Hebrew Republic, imagined by Christian scholars during that golden age of new thinking about politics, was a reconstruction of the Israelite state described in the Bible. Its constitution, they believed, had been given directly by God and as such was a model of the perfect polity. Nelson argues that the discovery of this mythic civic past helped European political thinkers to establish three of the modern West’s “fundamental ideals”: the superiority of kingless government; the right of governments to redistribute wealth; and religious toleration. For the history of Western politics, this makes the story of the Hebrew Republic momentous indeed. . . .

Scholars working on modernity—and there are more and more of them as post-modernism’s star wanes—have revived the venerable view of secularization as a key ingredient in Western modernity. In different ways, both Mark Lilla’s The Stillborn God and Jonathan Israel’s ongoing Radical Enlightenment trilogy link modernity’s rise to the decline of religion.

The Hebrew Republic boldly claims that the secularism-as-modernism narrative is incomplete at best, and at worst totally backwards. The history of Israelite theocracy offered what we might call a “faith-based” route to toleration, which existed alongside the secularizing Spinozist path explored by Jonathan Israel. Republican exclusivism likewise emerged from a profound belief in and engagement with the Bible, not a rejection of it. Indeed, so deeply does Nelson find the Hebrew Republic enracinated in modernity that he wonders, near the end of the book, whether it might be that “God remains our sleeping sovereign after all.”

An Odd Reaction

I appreciate Susan's welcome reminder (here) that "we are one church,"  a reminder that is evocative (deliberately so, I suspect) of the Lord's prayer to the Father for His followers "That they may be one just as we are" (John 17:11).  And this discussion at MOJ is a reminder that our failure to live the unity to which Jesus called all Christians is manifest not only in the tragic separation of the churches of the East and the West, and the division caused by the Protestant Reformation, but within the Catholic communion itself.

But this very plea for unity (or the recollection of unity) makes Susan's conclusion difficult to understand.  That is Susan concludes that, "[o]n the thrust Kristof's columns," she "stand[s] closer with Steve than [she] do[es] with Rick."  But it is precisely "the thrust" of both of Kristoff's columns ( here and here) that there are "two Catholic Churches."

As such, her conclusion is in need of further elaboration.

Indeed, I don't believe that the words of St. John Chrysostom (which she quotes in her "Creo en Dios" blog entry here) that "the Church does not exist because those who are gathered in her are divided, but in order that all those who have parted company may be reunited" is even comprehensible through the secular lens through which Nicolas Kristof views the Church.

The unity of the Church is the unity of the faith -- a faith that Kristof would casually jettison, replacing it with the recylced Gnosticism of Elaine Pagels (as witnessed by his citations to the Apocryphal Gospel of Philip and Gospel of Mary).  It is the true faith, the Catholic faith -- the faith "that comes to us from the apostles." -- that (as Rick said) inspires the very good works that Kristof admires but does not understand.  What Kristof sees as works of compassion are in fact works of Christian charity.  But love -- charity -- is always connected to truth.  And truth is somehting to be received and discerned, by the laity, but also in a definitve manner by those entrusted with the apostolic office (see, e.g.,  Dei Verbum ¶¶ 7-8).

We are, indeed, one church -- one body of many parts sharing the one faith.  To properly diagnose this body and heal it, one must first appreciate what keeps it alive and makes it one.  On this account Kristof offers not medicine but alchemy.

 


Warsaw

I am in Warsaw, Poland where today I visited some extraordinary places commemorating the profound suffering of the people of this city and nation---Christians and Jews alike---at the hands of the Nazis and the Communists.  It has been a deeply moving day.  To their credit, Polish officials have not whitewashed the fact that some Poles collaborated with their oppressors and some Polish Christians participated in or facilitated atrocities against their Jewish brothers and sisters.  But over the course of a blood-soaked century, and even during the darkest hours of Nazi and Soviet domination, a far greater number of Poles of all religious persuasions demonstrated extraordinary honor and courage. The Museum of the Warsaw Uprising, which opened in 2004, is exceptional in giving visitors a palpable sense of the horrors of life for Poles under German occupation and the heroism of the people of Warsaw who attempted, with the meagerest of military resources, to liberate themselves.   The other profoundly moving experience of the day was a visit to the tomb of Fr. Jerzy Popieluszko---the holy and charismatic young priest who did so much to inspire Polish resistance to Communism.  Fr. Popieluszko was brutally---and, boy, do I mean brutally---murdered by agents of the Security Service of the Ministry of Internal Affairs in 1984.  To pray at his tomb is to join with Poles from all classes and walks of life and with people of Polish descent from many different nations who come to pay their respects.  His beatification is set to take place in Rome next month.  It will be a cause of great joy in this land.

One Church

Since I'm on research leave and working on writing a book about my conversion from Catholicim to Buddhism and back to Catholicim, I confess I've been very neglectful of Mirror of Justice.  I have been poking my head in from time to time to see what people are discussing.

Reading the back and forth between Steven and Rick over the recent Kristoff pieces, I thought I'd share my blog post of this morning titled We are the Church (which you can read in its entirety here).  Talking about the phrase "We are the Church," which I find myself saying with great frequency, I observe that

the phrase “We are the Church” can convey two very different messages, depending on how it is spoken. One can say “We are the Church,” in the way that children say “My dad is stronger than your dad,” or “My muscles are bigger than your muscles,” that is, in a way that suggests we – not you or not someone else – are the church. The alternative is to convey by “we are the Church” the sentiment that all of us – the Vatican, priests, nuns, lay persons, all of us, whether we are labeled “traditionalist Catholics,” “progressive Cathlics” or any other names – are together part of one Church.

On the thrust of Kristoff's columns, I stand closer with Steve than I do with Rick (as Rick knows since he has commented when I post the Kristoff columns on my Facebook page).  But we all need to remember that we are one church.

Health-care funding and abortion: A response to Bob

Like Bob, I read closely the news article to which I linked about new Planned Parenthood clinics in Michigan (and linked to it in the hope that others would also read it closely).  I agree with him that there is more in the article than (in Bob's words) "simply a 'health insurance reform legislation funds and increases the incidence of evil deeds - abortions - by evil entity - Planned Parenthood' story."  But, as my initial link-post suggested, that story is, it seems to me, in the article. 

I also agree with him that those of us who are pro-life should "light [such] candle[s]" as we can to reduce the possibility that we are, through our actions, subsidizing abortions in the ways that the federal government is (and is not merely accused of) doing, and to address compassionately and wisely the realities of poverty.  We should also, though, always keep lit the candle (I do not suggest or believe that Bob disagrees with me here!) that is our unyielding insistence that it is a grave injustice and an insult to human dignity to exclude unborn children from the law's protection.

Kristof and the Church: A response to Steve

A few thoughts in response to Steve, whose recent postcriticizes one of mine.  I did not expect, of course, Steve to agree with my view that Kristof's op-ed was misguided and presumptuous in places.  (Recall here my link yesterday to Steve Smith's post about "wrong-headed friends".  Steve Shiffrin is one of mine. [Insert here smiley-face emoticon.]  Certainly, I hope that Steve's forcefully expressed disagreement with me about this matter does not tempt him to exclude me from his group of such friends!).

Steve writes:

After citing Woodward, Rick says that almost “on cue” (not sure why it was on cue), Kristof, according to Rick, offers the "yes, the institutional Church and its old, out-of-touch, male leaders are no good, but the real Church is out there, in the trenches, doing things I like" story that one often hears.  Actually, Kristof’s claim is not that the people in the trenches are doing the “things he likes,” but the works of Jesus and, he maintains, that the leaders of the Church have drifted from the message of Jesus.

It was "on cue" because, just a few days after Woodward wrote a piece characterizing the Times in a certain way, Kristof wrote an op-ed, in the Times, that (in my view) reflected some of the aspects of the Times' coverage and writers that Woodward had highlighted.  And, as for what Kristof's "claim is", I understand (obviously) that Kristof characterized the things that the people discussed were doing as being the kind of things that Jesus did and that Jesus's followers should do (and they are!).  They are also, though, things that Kristof likes (and are unlike the things that the Church Jesus established does that Kristof does not like), and they are, I think, being praised because Kristof likes them.  (This is not surprising, right?  Of course we all all praise things we like.)

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