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, December 29, 2009

Rick and Health Care

It would be helpful if Rick would explain (1) why the Senate’s version of the health bill is not abortion neutral enough (after reading the second link I supplied); (2)(a) how he expects thirty million men, women, and children to be covered without the health bill, (b) how he expects millions more near poor to pay less without the health bill (see the first supplied link), and (c) how he expects regulation of health insurance abuses to be effected without the health care bill. 

Rick only asserts that it is reasonable to think the poor would not be helped by the bill (if it passed), that it does not promote the common good, and that the Senate bill is not abortion neutral. He does not provide an argument for these propositions. And, if he has a convincing argument for the third, he has yet to provide an argument as to why the principle of double effect does not apply.

Perhaps he has provided such arguments in other posts. If so, I would be grateful if he just pointed me in their direction.

A (late) reply to Steve S.'s "Health Care and Helping the Poor"

A few days ago, Steve S. urged "progressives" to support the health-care bill (I'm assuming we're talking here about the Senate's version), and directed a similar exhortation to "those who would privilege squeaky-clean abortion neutrality over the needs of the poor[.]" 

I'm not sure what is meant by "privileg[ing] squeaky-clean abortion neutrality over the needs of the poor."  Putting aside entirely reasonable doubts one might have about whether the Senate's bill (or the House's) really serves, all things considered, the common good, and the "needs of the poor" in particular, it strikes me, with all due respect to Steve, as unfair to wave off the abortion-related concerns regarding the current healthcare-funding proposals as reflecting merely an excessive attachment to "squeaky-clean abortion neutrality." 

It is, many of us believe, a monstrous injustice that laws not only exclude the most vulnerable among us from the law's protections -- and, to make matters worse, justify this exclusion with reference to human rights.  This monstrous injustice would be made even worse, and further entrenched, some of us believe, by a healthcare-funding bill that subsidized abortion and embraced (not only implicitly) the fiction that abortion is healthcare.  Even if one thought (and a reasonable, informed person certainly need not think) that the bill under consideration actually would, all things considered, help the poor, one would not be merely stubbornly fastidious for thinking that the abortion-related "costs" were just too high.  The concern that many of us have is not with preserving a "squeaky clean neutrality", in terms of money-flow and cooperation-with-evil; it's with avoiding (what can only be regarded as) a clarion-clear declaration by the United States that abortion is "health care" to which everyone has a right and which the citizenry may justly be taxed to provide.

Another Christmas poem

It's not too late . . . there are twelve days, remember?

Nativity (1992)
by R.S. Thomas

Christmas Eve! Five
hundred poets waited, pen
poised above paper,
for the poem to arrive,
bells ringing. It was because
the chimney was too small,
because they had ceased
to believe, the poem had passed them
by on its way out
into oblivion, leaving
the doorstep bare.
 
(HT:  David Buysse)

Israel's Chief Rabbis on abortion

A friend and MOJ reader sends along this story, about a recent letter sent by Israel's two top rabbis in which they "denounc[ed] abortion" and "said that abortion kills thousands of Israeli babies a year and delays the coming of the Messiah and they promised to do more to promote pro-life and pregnancy help efforts."

A further response by Cathy to Robby

[Hey, I didn't conscript this post either--but I sure am grateful for it!  Cathy says:]

Robby, Robby, ouch!  I try to outline, in objective fashion, just why Grisez isn't a big influence in current theological or philosophical circles, and you just resort to more  bluster and insult.

1.  Where, exactly, is my summary of the criticisms about Grisez wrong?  Would you like more citations?  For anyone who wants to begin reading about the critique of the new natural law theory from a conservative Catholic perspective, you might want to start with Russel Hittinger's book, http://search.barnesandnoble.com/A-Critique-of-the-New-Natural-Law-Theory/Russell-Hittinger/e/9780268007751  My own view is that too much is packed into the theory as premises.  You can make assertions in a baritone voice (self-evident goods, etc.), but that doesn't make them arguments--they're still assertions.

2.  I'm happy to have people to read my work--some of it actually reflects a vision of intention that accords with Grisez's and Finnis's ("Inferring Intention from Foresight," Law Quarterly Review January 2004), and is engaged with Grisez's work (What is Legalism?  Engelhardt and Grisez on the Misuse of Law in Christian Ethics," The Thomist, March 2009  I've learned a great deal from both of these men. I admire Finnis greatly.  I've also learned a great deal from John Noonan, and Alasdair MacIntyre--and instead of reading me, I'd say read Noonan and MacIntyre and compare THEM to Grisez and Finnis.  My basic theoretical framework is indebted to Noonan and MacIntyre--because I think they provide a richer account of human flourishing and a more comprehensive historical account of the development of Christian doctrine than Grisez does.

3.  The main area in which we disagree is what a Thomistic theory of law would look like on abortion.  Here's my take  M. Cathleen Kaveny, "Toward a Thomistic Perspective on Abortion and the Law in Contemporary America, The Thomist, March 1991.  http://www.nd.edu/~ndlaw/faculty/kaveny/kaveny-thomist-abortion.pdf  It tries to take seriously the Thomistic notion of law as a teacher of virtue--not an approach with which Finnis or Grisez would be sympathetic, since they don't see Thomas primarily as a virtue theorist.

4.  Oh, and I guess we disagree because I sometimes have voted for Democratic presidential candidates, foreseeing but not intending reinforcing abortion rights.  In particular, I couldn't vote for Bush a second time or for McCain--although I have in the past voted for the Republican presidential candidate on the issue of abortion. We all know after reading the NYT article that you're quite a Republican.

5.  Which brings me to my Rambo Catholics line.  Not a new quote --but one from this very blog in  2004, thanks to Google, whose memory  is eternal.  I wrote into the NYT Magazine and corrected the context. Hopefully it will come out soon.  I was deeply angered--and wounded--by your criticism of the intelligence, good faith, and commitment to Catholicism of pro-life Catholics who held their nose and voted for Kerr.  I thought it was way out line. Still do.

You can't compare people to supporters of slavery and the Holocaust, as you regularly do, and expect them to not get angry.   But then, that seems to be many people's experience with the pro-life movement.  The names that officials in the pro-life movement called Casey, or Nelson, or Brownback in recent months were just shocking to me--but alas, not surprising.  Maybe the pro-life movement can afford to lose everyone it deems to be a "traitor" to the cause.  I happen to think there's a lot of people around who are pro-life, but opposed to the tactics and vision and language of the pro-life movement.  My sense is that the movement thinks it can afford to lose us all.  Maybe it can.

At any rate, have a happy New Year, Robby, and MOJ--I think I'd better go back to grading, and to my own blog home, on Commonweal.  My next column, for those who are interested, is on a relative of Rick's --Thomas Garnett, the saint and martyr--and the practice of "mental reservation" around the Irish sex abuse case.

Concerning Robby's response to Cathy [Updated]

In her post this morning--which, as I've already emphasized, and Robby's false claim to the contrary notwithstanding in his post below, I did *not* conscript, but for which, I also want to emphasize, I am most grateful--Cathy made five informative points about Germain Grisez's work, under these headings:  problems in Grisez's basic philosophical method; problems with Grisez's natural law theory; fit with Catholic tradition; moves toward virtue theory; and problems with method of theological ethics.  Cathy invoked some conspicuously non-"liberal" sources in making her points--for example, Russell Hittinger, who holds the Warren Chair of Catholic Studies at the University of Tulsa and is the author of  A Critique of the New Natural Law Theory.  (A critique, that is, of the Grisez/Finnis/Boyle/George new natural law theory.)  Russ is also on the editorial board of First Things, a magazine with which Robby is quite familiar, and on the advisory board of the Notre Dame Center for Ethics and Culture.  Moreover, Russ was elected, in 2001, to the Pontifical Academy of St. Thomas in Rome. 

And MOJ's own Michael Scaperlanda posted today that Cathy's five points could serve as a useful point of departure for further discussion.

What was Robby's response?  An impatient (and angry?) dismissal of Cathy's points as "Professor Kaveny's ex cathedra pronouncements on Germain Grisez's thought."  Unintended irony?  Impressive response?

A rehearsal of my earlier "quick response to Robby's 'rebuke'"

[A rehearsal, that is, of the parts of my response that Robby, in his post just below, ignored.  I'll let the to-and-fro accusations about who's insulting whom speak for themselves.  Again, Robby’s words are in non-bold type; my response, in bold type.]

Liberal Catholics frequently lecture us "Rambo Catholics" about the need for respectful discourse, the importance of engaging "the other" with civility and openness to competing arguments and points of view, etc., etc.  Indeed, Brother Michael himself pleads with us to have "open, truly open minds."  Yet like so many liberal Catholics Michael seems to have trouble imagining that people could have "open, truly open" minds yet actually dissent from liberal ideology on matters of sexual morality. . . .  How can it be that there are people who disagree with sophisticated, open-minded, liberal people like Michael?

“Liberal ideology”?  “Liberal people”?  Robby overlooks, in his rhetorical slap at liberals, that many of those who agree with me on the issue at hand—and disagree with Robby—are not at all liberals:  Jonathan Rauch, Dale Carpenter, Dick Cheney, etc.  Government’s role in regulating the economy is a right/left, liberal/conservative issue.  But the issue at hand is not such an issue—and should not be so characterized, however useful in may be to do so in polemical statements and fundraising letters.

Michael's post caricatures and ridicules those who don't share his views.  Evidently he regards us as unsophisticated schlubs whose idea of a moral argument is to exclaim "Yuk!" In that most predictable of liberal tropes, he insinuates that we are like racists -- "Black bonding sexually with white?  Yuk!"  Gentle Michael is understanding of our schlubbiness, though, and even offers an exculpatory diagnosis. After calling for moral theology to take on board the "yield of modern and contemporary experience," he says:  "Think, here, human sexuality. I fully understand that for many of us [that would be us poor unsophisticated schlubs--RG] this is hard to do---for some of us impossibly hard:  those whose socialization and psychology have bequeathed to them a profound aversion---I am inclined to say, an aesthetic aversion (though, of course, they do not experience it that way)---to unfamiliar modes of human sexuality."

My point was and is that the “Yuk”—my shorthand for an emotional disposition of disgust—is what animates, in many, the search for and construction of a rational vindication of the disposition.  The “Yuk”—the disgust—is not the argument but an important factor animating the search for and construction of the argument.  Now, I know that this is not true for everyone who is in the grip of the conviction that homosexual sexual conduct is necessarily immoral, but it is certainly true for many.  See Martha Nussbaum, Sexual Orientation and Constitutional Law:  From Disgust to Humanity (Oxford Univ. Press, 2010); Martha Nussbaum, Hiding from Humanity:  Disgust, Shame, and the Law (Princeton Univ. Press, 2006).

In any event:  Am I not correct that moral theology should be informed by the yield of modern and contemporary experience—and that it loses credibility if it is not so informed?  Am I not correct that today, there is good reason to reevaluate traditional attitudes toward, and judgments about, the morality of homosexual sexual conduct?  Even good reason to think differently about the morality of homosexual sexual conduct than our parents and grandparents did when they were young?

Don't worry, it can be explained.  They are victims of forms of "socialization" and "psychology" that have bequeathed to them an "aversion" to "unfamiliar modes of human sexuality."

Isn’t it clear that in the world’s most established liberal democracies, there is ongoing a generational shift in attitudes toward, and judgments about, the morality of homosexual sexual conduct?  What are the principal determinants of this generational shift?  Are we to believe that shifts in socialization and psychology, due to a contemporary experience of homosexuality that is rather different from that of our parents and grandparents, do not play a significant role?

In the course of his remarks, Michael mentions my mentors, John Finnis and Germain Grisez, together with two liberal scholars he admires, Cathleen Kaveny and Jean Porter.  Michael claims that the liberals are the ones more faithful to the great tradition that runs from Aristotle through Aquinas.  This strikes me as preposterous, but MoJ readers needn't rely on my judgment of the matter or Michael's.  Readers can (and I hope they will) have a look at some work by Finnis and Grisez and some work by Kaveny and Porter and judge for themselves which writers are superior to the others in analytical rigor, logical precision, interpretative soundness, and depth of insight.

Preposterous?  Wrong, maybe, but preposterous?  That’s a unduly harsh judgment, given that, as Robby well knows, there are very many highly regarded Catholic theologians (and other Christian theologians) who judge Jean Porter’s important, ongoing work on natural law to be much more insightful and persuasive than that of John Finnis and Germain Grisez, whose natural-law defenses of traditional Catholic teaching about such matters as contraception, masturbation, and non-marital sex, for example (“always and everywhere gravely immoral”), they regard as unpersuasive.  Preposterous?

Now this really is rich.  Michael P. posts Christmas eve comments disparaging and insulting those who disagree with him about sexual morality, ignoring their arguments, insinuating that they are, or are like racists, and "diagnosing" them as victims of "socialization" or "psychology" that has produced in them an "aversion" to "unfamiliar modes of human sexuality."  When called on this unseemly conduct, he casts himself as the victim of insults.  But it doesn't end there.  He conscripts none other than Cathleen Kaveny into the dispute, who opines that Michael is indeed a victim of my throwing around "labels, accusations, and insults."  She's wrong about that, but more interesting is the irony of her saying it.  This is the same Cathleen Kaveny who insults her intellectual adversaries by labeling them "Rambo Catholics" (gee, there is sophsticated philosophical analysis) and accusing them of being "ecclesiastical bullies."  Wouldn't it be, um, better to engage their arguments rather than questioning their motives and calling them names?

As for Professor Kaveny's ex cathedra pronouncements on Germain Grisez's thought, I repeat the hope I expressed in response to Michael P.'s claim that Professor Kaveny's work and Jean Porter's are more faithful to the tradition running from Aristotle through Aquinas than the work of Professor Grisez and John Finnis.  Readers of MoJ needn't rely on my judgment or Michael's or Professor Kaveny's.  Just have a look at writings by Kaveny and Porter and have a look at writings by Grisez and Finnis.  Reader's will have no trouble judging for themselves which writers are superior to the others in analytical rigor, logical precision, interpretative soundness, and depth of insight.

I appreciated Michael P.'s nominating me for the deanship at Villanova.  I told him that were I to be appointed, three-quarters of the faculty would immediately resign.  We would need to rebuild the faculty quickly.  Therefore, I would accept the position only on the condition that Michael himself join the faculty.  Bob Hockett and Rick Garnett would have to join us, too.  I like Michael and enjoy arguing with him.  But I and his other friends would do him no good service by letting him get away with what he tried to get away with in that Christmas eve post.  If he is going to plead for people to have "open, truly open minds," then he needs to exemplify that virtue in making the plea.  He needs to be open-minded.  Concretely, that means taking other people's arguments seriously and giving them credit for thinking, even if one disagrees with their conclusions.  That means addressing their arguments, and not claiming or insinuating that their beliefs are rooted in "aversions" to the "unfamiliar" that they somehow got saddled with as a result of their "socialization" or as a consequence of their psychological make-up.

I hope that Michael will go back and re-read what he wrote.  I hope he will be open-minded enough to see why those against whom he made his allegations would perceive them as insulting, offensive, and hypocritcal.  This is an occasion for resolving to actually engage their arguments, not impugn their intellects or suggest that the poor schlubs, unlike sophisticated people, can't help being like racists since they are psychologically in the grip of "aversions" to the "unfamiliar."  ("Black bonding sexually with white? Yuk!")   

Robert George, Method, and the New York Times Magazine

I do not know if the New York Times magazine accurately reported an aspect of his method, but, if it did, I find it disturbing. According to the Times, as I read it, George makes a sharp distinction between moral conclusions based in Reason (which I take to be Opinion supported by reason - right or wrong) and moral conclusions that do not follow deductively from moral principles (thus, as I understand it, favoring particular practical steps in favor of the poor is always lower in his hierarchy than say opposing homosexuality).

It seems to me that compassion is a major theme in the gospel and that this method does not leave adequate room for compassion.

I should say that I have never met Robert George and am not talking at all about his personal compassion for others. But I have a general view that deduction as an exclusive method of moral reason risks taking on bloodless conclusions unless the operator of the method smuggles his or her desires into the premises.

That's a long story, Michael S., ...

... about which I've written at length elsewhere.  You've asked about my position.  Here's a sketch:

1.  Why is it the case--if indeed it is the case--that each and every human being has inherent dignity and is inviolable?  In my judgment, secular (non-theological) thought lacks the resources to give an adequate answer to that question.

2.  Given that every human being has inherent dignity and is inviolable, we should value what's good for any human being--good for him or her in the sense of conducive to or constitutive of his or her flourishing as human beings, his or her eudaimonia--and we should disvalue what's bad for any human being--bad for him or her in the sense of conducive to or constitutive of his or her withering.  (Serious problems obviously arise--not least, political-moral problems--when what's good for one or more human beings is bad, directly or indirectly, for one or more other human beings.)  So, what *is* good for (some or all) human beings--and what *is* bad for them?  In my judgment, theology qua theology--qua theo-logos--cannot answer that question.  What can answer it?  That's where the natural-law approach kicks in, an approach that, properly understood, relies on and brings to bear all of the relevant parts of human knowledge.  And the relevant parts of human knowledge, of course, are not static.

Now, I've got to start grading some exams!