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, March 27, 2010

Epistemology and Politics

Brendan Nyhan, a political scientist and health policy researcher at the University of Michigan, writes:

"Studies have shown that people tend to seek out information that is consistent with their views; think of liberal fans of MSNBC and conservative devotees of Fox News. Liberals and conservatives also tend to process the information that they receive with a bias toward their pre-existing opinions, accepting claims that are consistent with their point of view and rejecting those that are not. As a result, information that contradicts their prior attitudes or beliefs is often disregarded, especially if those beliefs are strongly held.

Unfortunately, these tendencies frequently undermine well-intentioned efforts to counter myths and misperceptions. Jason Reifler, a political scientist at Georgia State, and I conducted a series of experiments in which participants read mock news articles with misleading statements by a politician. Some were randomly assigned a version of the article that also contained information correcting the misleading statement.

Our results indicate that this sort of journalistic fact-checking often fails to reduce misperceptions among ideological or partisan voters. In some cases, we found that corrections can even make misperceptions worse. For example, in one experiment we found that the proportion of conservatives who believed that President George W. Bush’s tax cuts actually increased federal revenue grew from 36 percent to 67 percent when they were provided with evidence against this claim. People seem to argue so vehemently against the corrective information that they end up strengthening the misperception in their own minds.

The debate over health care reform, which was marred by false and misleading claims about the plan’s contents, provides a case study in how difficult it is to correct widely held misperceptions."

The rest is here.

Another ministerial-exception decision

Here's one, from the Ninth Circuit:

The Religion Clauses of the First Amendment provide that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” U.S. Const. amend. I. These clauses require a “ministerial exception” to employment statutes if the statute’s application would interfere with a religious institution’s employment decisions concerning its ministers. . . . Because the ministerial exception is constitutionally compelled, it applies as a matter of law across statutes, both state and federal, that would interfere with the church-minister relationship. . . .

"In Defense of the Catholic Clergy"

This piece, by Elizabeth Lev, raised for me some very important points, to keep in mind as we follow the latest reporting on sexual abuse by clergy, and mishandling of these cases by the Church:

. . . After the National Assembly diminished the authority of Louis XVI in 1789, anti-monarchical literature dwindled, but fierce accusations against Catholic clergy for misdeeds past and present increased. Isolated cases of clerical immorality were magnified to make depravity appear endemic to the entire priesthood (ironically, in an age where sexual libertinism was running rampant). The French propagandists labored night and day, dredging the past for old scandals whether decades or even centuries distant.
In his Reflections on the Revolution in France, published in 1790, Burke, a Protestant, asked the French, "From the general style of late publications of all sorts, one would be led to believe that your clergy in France were a sort of monsters, a horrible composition of superstition, ignorance, sloth, fraud, avarice and tyranny. But is this true?"
 
What would Edmund Burke make of the headlines of the past few weeks, as stories of a clerical sex abuser in Germany a quarter century ago, made front page headlines and top TV stories in US news? What would he think of the insistent attempts to tie this sex abuser to the Roman pontiff himself through the most tenuous of links?
 
In 1790, Burke answered his own question with these words: "It is not with much credulity I listen to any when they speak evil of those whom they are going to plunder. I rather suspect that vices are feigned or exaggerated when profit is looked for in their punishment." . . .
 

"Stealing from Churches"

A wonderful essay, by Roger Scruton (HT:Rod Dreher).  The essay, Dreher writes,

is a sketch of two deeply humane Catholic believers who made an enormous impression on the atheist Scruton: a Monsignor Alfred Gilbey, an aristocratic Englishman and popular old-school priest, and Basia, a poor Polish philosophy student who had suffered. What you miss in the excerpt is the opening, in which Scruton writes poetically about being drawn to old and nearly abandoned French country churches as a young man. He opens by relating a sense of being a vandal in visiting churches as an unbeliever, as many tourists are:

Of course, they don't steal the works of art, nor do they carry away the bones of the local martyr. Theri thieving is of the spiritual kind. They take the fruit of pious giving, and empty it of religious sense. This theft of other people's holiness creates more damage than physical violence. For it compels a community to see itself from outside, as an object of anthropological curiosity. Those holy icons that returned the believer's gaze from a more heavenly region are suddenly demoted to the level of human inventions. Those once silent, God-filled spaces now sound with sacrilegious chatter, and what had been a place or recuperation, the interface between a community and its God, is translated to the realm of aesthetic values, so as to become unique, irreplaceable, and functionless. The tool that guaranteed a community's lastingness, becomes a useless symbol of the everlasting.

Scruton then relates his role in an actual minor theft from a country church (of crystal cruets), and how it haunted him for years afterward. The real theft, though, was sacramental -- his failed marriage to a Catholic woman, which broke him spiritually. He writes of his lesson as a spiritual thief: "Stay away from holiness, was the lesson. Stay away until you are sure it possesses you."

That's more or less where the essay picks up at the link above. The profiles Scruton writes of those two very different Catholic believers illustrate what it is like to live one's life devoted to the Good, and the Good in the person of Jesus Christ. . . .

Notre Dame Right to Life Conference

Spread the word!

5th Annual Notre Dame Right to Life Conference
Friday, April 9th-Saturday, April 10th, 2010
The keynote speaker will be Francis Cardinal George.  Other speakers include George Weigel (Ethics and Public Policy Center), Joan Lewis (EWTN), Father Thomas Berg (Westchester Institute) and Dr. Maureen Condic (Westchester Institute).  Registration is FREE.  To register and see schedule, please visit
www.nd.edu/~prolife/conference.  For questions, contact Gabrielle Speach at [email protected]

Jody Bottum's concern about the new health-insurance law

He writes, here:

 . . . The iniquitous distribution of American medicine is a scandal, but even the incomplete moves of the current plan create a system that no future bureaucracy will be able to resist using for social engineering. It puts an enormous section of the American economy and a huge slice of decisions about life and death in the hands of a government-employed elite. And, given the condition of elite opinion today, that will always mean increased government-sponsored abortion and euthanasia. We have seen it at the United Nations, and we have seen it in the European Union, and we will see it in the United States as well: You cannot create a system that allows bureaucrats to undertake major social changes and imagine that they will not use it. You cannot put their hands on the wheel and expect that they won’t start turning. . . .

Something to keep an eye on . . .



 

A most enjoyable visit Boston College

Thursday evening I had the honor to give the 2010 Prophetic Voices Lecture at Boston College.  The annual lecture is sponsored by the Boisi Center for Religion and American Public Life at Boston College, under the direction of Alan Wolfe.  Professor Wolfe was an exceptionally gracious host, and it was a wonderful opportunity to get together with old friends and make new ones.  Sitting in the audience next to Professor Mary Ann Glendon was theology professor Frederick Lawrence who, many years ago, tutored me on the epistemology and cognitional theory of Bernard J. F. Lonergan when I attended summer workshops devoted to Lonergan's thought at B.C.  (I was, at the time, an undergraduate student at Swarthmore.)  Also in the audience was philosophy of science professor Patrick Byrne, to whom I would often go for help when Professor Lawrence's explanations went over my head.  Jorge Garcia of the Department of Philosophy was there, as was Peter Skerry of the Department of Political Science.  These are two scholars from whose writings I've learned a great deal over the years.  Like my host, the audience was very gracious, sitting through my nearly Castro-length speech (almost an hour-and-a-half) without complaint.  Before the speech, I had the opportunity to spend a bit of time at the Boisi Center and meet its impressive young staff.  The Associate Director, Erik Owen, who completed his Ph.D. under Jean Bethke Elshtain at the University of Chicago, exudes not only competence, but also intellectual and moral seriousness. Professor Wolfe is lucky to have landed such a talent---and he knows it.  My Prophetic Voices Lecture was the ninth in a series that goes back nearly to the founding of the Boisi Center.  The first was given in 2002 by Fr. Bryan Hehir. Among others who have given the annual lecture are Rabbi David Saperstein, Sister Helen Prejean, Jim Wallis, Rev. Peter Gomes, and Kathleen Townsend Kennedy.  For obvious reasons, one of the participants in the lovely dinner held after my lecture referred to me (jokingly---I think) as "the affirmative action prophetic voice."  However, that may be, I am grateful to Professor Wolfe and the B.C. community for the honor of speaking in the series, and for their graciousness (and patience). 

Friday, March 26, 2010

Catholic Stewardship, Deficit Spending, and "The National Debt Road Trip"

Around this time of year, we hear from our local bishop and our parish priest about the importance of "Stewardship."  Of course, the kind of stewardship they are talking about relates to wise use of our personal financial resources and our responsibility to share in the work of the Church by renewing our annual tithing commitments to the parish and to the annual diocesan appeal.

But the Catholic concept of Stewardship applies as well to our national spending practices, which threaten to bankrupt the nation (quite literally) and leave a mountain of debt and interest payments to our children.  In my nearly complete series on the Obama-Democratic health care legislation, I suggest that the plan is not economically viable and if fully implemented will be disastrous for our country.

My friends on the left side of Mirror of Justice and among its readers invariably protest that it is rather convenient for me to raise the debt alarm now the President Obama is in office.  Or, as the author of this delightful and starkly illustrated YouTube video puts it:  "When arguing against increases in the federal deficit, one of the biggest objections I've heard is 'George W. Bush was spending like Paris Hilton on a bender.'  Why the sudden concern with spending now the President Obama is doing it?"


Keep in mind that this video was produced nearly a year ago, that it was based on the Obama Administration's own projected deficits which already have proven much too low, that this illustration does not include the likely leap upward in deficits to be created by the health care legislation, and that the Congressional Budget Office is now warning (here and here) that the Obama deficits will more than double the national debt from where President Bush left us.  The CBO (which I've been arguing is underestimating the rate of spending on the Democratic Party's stimulus, health care, and other projects) reports that, under President Obama's budget, the national debt will rise to 90 percent of GDP, nearly the level of World War II deficits and moving into the range of such insolvent nations as Greece.

Yikes!  Talk about riding in a car with a stuck accelerator!  Any chance of a recall?

Greg Sisk

A Catholic law prof and MOJ reader weighs in [Updated: open to comments]

I don't read the Washington Post.  This morning, an MOJ reader sent me a message and a column from today’s WP.

The reader's message:

"A question that should be put to every participant of the MOJ blog, to which no one should not respond if MOJ intends to have any credibility at all outside Catholic circles:  How does Catholic Social Theory respond to this?  I can't think of any more pressing socio-theological-legal issue confronting Catholics (including American Catholics) right now or in the future..."

Now, the column:

How the Catholic Church could end its sex scandal

By E.J. Dionne Jr.

How in the name of God can the Roman Catholic Church put the pedophilia scandal behind it?

I do not invoke God's name lightly. The church's problem is, above all, theological and religious. Its core difficulty is that rather than drawing on its Christian resources, the church has acted almost entirely on the basis of this world's imperatives and standards.

It has worried about lawsuits. It has worried about its image. It has worried about itself as an institution and about protecting its leaders from public scandal. In so doing, it has made millions of Catholics righteously furious and aggravated every one of its problems.

So instead of going away, the scandal keeps coming back, lately in a form that seems to challenge Pope Benedict XVI himself. It was sickening to read Thursday's New York Times story reporting that Vatican officials "did not defrock a priest who molested as many as 200 deaf boys, even though several American bishops repeatedly warned them that failure to act on the matter could embarrass the church."

The priest, the Rev. Lawrence Murphy, worked at a Wisconsin school for deaf boys from 1950 to 1974. He died in 1998.

In Germany, the pope's home country, more than 300 victims have come forward in recent weeks, and Chancellor Angela Merkel, whose party has Catholic roots, called the scandal "a major challenge for our society."

In the case of Murphy, the Vatican did what every institution does in a scandal: It issued a statement putting the best face on its decisions.

"In light of the facts that Father Murphy was elderly and in very poor health, and that he was living in seclusion and no allegations of abuse had been reported in over 20 years," the Rev. Federico Lombardi, the Vatican spokesman, said, "the Congregation for the Doctrine of the Faith suggested that the Archbishop of Milwaukee give consideration to addressing the situation by, for example, restricting Father Murphy's public ministry and requiring that Father Murphy accept full responsibility for the gravity of his acts." Murphy, he noted, "died approximately four months later without further incident."

The statement is representative of what's wrong with the church's response. It is bureaucratic and self-exculpatory, even asking us to feel for this priest because he was "elderly" and "in very poor health."

The spokesman called the case "tragic," but tragic does not do justice to the outrage here. Yes, the statement included an acknowledgement of the "particularly vulnerable victims who suffered terribly from what [Murphy] did," and that he had violated his "sacred trust." Is this the best Father Lombardi could do?

During his visit to the United States in 2008, Pope Benedict started moving toward a better approach. He seemed genuinely pained and angered by the scandal. He repeatedly apologized and said he was "deeply ashamed" of the abusive priests who had "betrayed" their ministry.

But while this was a step in the right direction, apologizing for the misbehavior of individual priests will never be enough. The church has been reluctant to speak plainly about the heart of its problem: In handling these cases, it put institutional self-protection first.

The church needs to show it understands the flaws of its own internal culture by examining its own conscience, its own practices, its own reflexives when faced with challenge. As the church rightly teaches, acknowledging the true nature of our sin is the one and only path to redemption and forgiveness.

Of course, this will not be easy. Enemies of the church will use this scandal to discredit the institution no matter what the Vatican does. Many in the hierarchy thought they were doing the right thing, however wrong their decisions were. And the church is not alone in facing problems of this sort.

But defensiveness and institutional self-protection are not Gospel values. "For whoever wants to save his life will lose it, but whoever loses his life for me will find it."

The church needs to cast aside the lawyers, the PR specialists and its own worst instincts, which are human instincts. Benedict could go down as one of the greatest popes in history if he were willing to risk all in the name of institutional self-examination, painful but liberating public honesty, and true contrition.

And then comes something even harder: Especially during Lent, the church teaches that forgiveness requires Catholics to have "a firm purpose of amendment." The church will have to show not only that it has learned from this scandal, but also that it's truly willing to transform itself.

[email protected]

Crying Wolf


The health-care-reform bill passed despite the efforts of conservative lobbying groups, most of which are opposed to reform for other reasons, and the United States Conference of Catholic Bishops, which supports reform in theory but opposed the Senate bill. But the debate has been costly for prolife groups.

By the time you see this, the fate of the Democrats' health-care legislation will probably have been decided. The House of Representatives plans to vote on the Senate bill a few days after we go to press. Whatever the outcome, one thing is already certain: the debate over the bill has left a deep rift—and not only between the two major parties.

Prominent representatives of the prolife community, including the Secretariat of Pro-Life Activities for the United States Conference of Catholic Bishops and the National Right to Life Committee, have rejected the Senate bill, claiming that it allows direct federal funding of elective abortion. Meanwhile, Catholic supporters of the bill, including the Catholic Health Association, have said that it does not. One needs a good reason to oppose a bill that would cover 30 million uninsured Americans and greatly improve insurance for those who already have it. If the Senate bill did clearly authorize the federal government to pay for elective abortions, prolife Americans might have such a reason. To conclude the bill does this, however, requires one to believe that every ambiguity—every possible complication the bill doesn’t explicitly address—is a ploy by prochoice politicians to sneak abortion funding into the system. President Barack Obama and his party’s leadership have promised the bill won’t be used in this way. Their critics instruct us to presume that they’re lying.

These critics point out that the bill departs from the Hyde Amendment’s ban on federal support for any health plan that covers elective abortion. They insist this is the only conceivable way for the government to subsidize insurance without paying for abortion. This is false, as the Senate bill itself clearly demonstrates. Under the bill, anyone who buys a plan that covers elective abortion would have to pay a separate, unsubsidized premium for that coverage. Such premiums would be segregated from premiums for all other services in a special account, which would have to cover the full cost of elective abortions and couldn’t receive a penny from the government. In other words, the bill would preserve the Hyde Amendment’s principle without applying its method.

Critics also claim that the money the bill appropriates for community health centers is not subject to the Hyde Amendment. No doubt the bill would be strengthened with the addition of language that clearly imposes the Hyde rule on any federal money given to health centers. But since such money will in any case be channeled through the Department of Health and Human Services (HHS), where the Hyde Amendment obtains, there is no good reason to suppose that it will be exempt from the amendment’s constraints. Besides, if HHS really could spend any part of the new funding on elective abortions, it wouldn’t matter that the Hyde Amendment keeps it from using the rest of its money for this purpose: as the bill’s critics never tire of telling us, money is fungible—the Hyde Amendment works only if it covers everything HHS spends. It’s also worth mentioning that none of the existing health centers, which provide care to one in eight children born in the United States, has ever offered abortion services.

Many of the bill’s most prominent critics are lobbyists, and for the purposes of lobbying, a plausible falsehood is often as useful as the truth. But crying wolf is always a dangerous game. If prolife groups raise false alarms to bully politicians and scare up donations, they risk being ignored when a real threat arises. Some of the same groups that are now loudly predicting disaster if health-care reform passes warned that the Freedom of Choice Act (FOCA) was sure to be passed and signed into law if Barack Obama was elected president. People remember these predictions, and eventually they stop paying attention. If the Senate bill does not pass, conservative lobbying groups, most of which are opposed to reform for other reasons, and the bishops conference, which supports reform in theory, will bear some responsibility for it.

If one wants to claim that no politician who’s really opposed to abortion can support the Senate bill, it’s not enough to show that the bill’s provisions are inferior to the House’s Stupak Amendment; one must also argue that the Senate bill is inferior to the status quo. The government is already subsidizing group plans that cover elective abortion by means of tax breaks for businesses that offer them. Millions of Americans must now choose between accepting such a plan and going without good health insurance; the only other option, a decent individual plan, is now just too expensive for them. The Senate bill would give such people the wherewithal to buy insurance that doesn’t cover elective abortion, which means that, in addition to its many other benefits, it would save millions of Americans from having to choose between their conscience and their health.