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, October 2, 2009

Religious Legal Theory at Seton Hall

You should start making plans now to attend Seton Hall's conference, Religious Legal Theory: The State of the Field, on November 12 and 13.  Here's the description:

During the twentieth century purely secular perspectives dominated legal theory. Most legal scholars thought of religion with regard to the law exclusively in terms of church-state relations and freedom of religion. In recent years, however, scholars of law and other disciplines have expanded their focus to include the contributions that religious convictions and perspectives can make to general legal theory and to our understanding of many areas of the law that seem at first sight unrelated to religion. 

For example, in his address at the 2008 annual meeting of the Association of American Law Schools, AALS President John Garvey emphasized the importance of religious perspectives on law.  Major university presses have published volumes on the intersection of faith, legal theory and theology (”Faith and Law: How Religious Traditions from Calvinism to Islam View American Law” (Cochran, ed. NYU Press 2007); “The Teachings of Modern Christianity on Law, Politics and Human Nature” (Witte and Alexander, eds. Columbia University Press 2006); “Christian Perspectives on Legal Thought” (McConnell, Cochran & Carmella, eds. Yale University Press 2001).  Established legal scholars have published work in law reviews offering explicitly religious perspectives. The Journal of Law and Religion publishes symposia on topics such as “Emerging Applications of Jewish Law in American Legal Scholarship,” and The Journal of Catholic Social Thought offers symposia on a variety of topics, both global and domestic. Numerous blogs and other non-traditional publishing venues are devoted to serious reflection on religious conceptions of law and public good.

Thursday, October 1, 2009

On Prof. Feldblum's nomination

Thanks to Rick for passing on the news that Chai Feldblum has been nominated to be a member of the EEOC.  I'm hoping that Prof. Feldblum has (or will develop) a more fulsome understanding of liberty of conscience than the one reflected in a comment she made about the Elane Photography case.  She remarked, "if you run a wedding photography service, even if you don't like the fact that those two gays are getting married, you'd better have someone on your staff who will take those pictures."

Here's how I respond in my forthcoming book:

[The idea] that the Huguenins [the photo agency owners] can avoid the problem by hiring an employee who is willing to shoot events that their own moral convictions do not permit them to shoot . . . solves nothing unless we conceive of conscience in individualist terms, as though its claims apply to my own conduct and no further.  In reality, conscience refers (literally) to shared moral belief, and while not every claim of conscience will actually be shared, such claims are, by their nature, susceptible to sharing.  As such, the Huguenins’ resistance to offering, through creative hiring, a “full service” photography agency is not an imperialist expansion of conscience’s interior domain; it is a natural outgrowth of conscience’s relational dimension.  Institutions do not possess a conscience in some ontological sense, but they do embody distinct moral identities that are shaped by their constituents’ consciences.  When we preclude the cultivation and maintenance of such institutional identities, it is not just moral pluralism that suffers; it is the cause of conscience itself.

Live from the Camino

Last night I arrived in Larrasoana dead tired after two days and 32.6 miles in the mountains.  Every bone in my body ached.  But, it is a wonder what a good night of sleep (in a bunk room with 25 of your closest friends can do.  Todays walk through Pamplona, with its wonderful green spaces, beautiful medeival city, and impressive cathedral was much shorter - only 13.2 miles mostly still in the mountains, along winding wooded paths with the river always nearby. Tonight I am 3 miles past Pamplona in a small city with two 12th century churches. 

Yesterday about midday I felt called to leave my friends of the first day and a half and walk alone in silence.  Except for brief conversations as I pass people (or more likely they pass me), I haven´t talked with anyone while walking the past day and a half.  As my friend Roberto said, let the Camino guide you, don´t set the agenda for the Camino.  And, the Camino was-is guiding me into silence at least for a while.  I did have a brief conversation on the path with a Frenchwoman who had recently come back to the Church after a 34 year absence.  Last night, I had dinner with two Spanairds, a German who left his home in Germany on July 6 and started his Camino, and a Frenchmen who started his Camino three weeks ago in Le Puy, France.

On this blog we have had many discussions about authority.  This issue pressed upon me yesterday afternoon and today, as I thought about my authority on the Camino.  Yesterday afternoon, I was one or two kilometers from my destination when the Camino sign (a blue tile with a yellow shell) or a yellow arrow seemed to point in the direction of an industrial waste pit (think the making of Sauron´s army in the Lord of the Rings).  I followed the sign.  About 500 meters down, I started to question this authority - I was tired, I wanted to rest, and this didn´t seem to be the way.  Just then I looked down and saw a yellow arrow painted on an industrial pipe.  Soon I was out of this industrial wasteland and back in beatiful mountain woods.  Who knows where I would have ended up if I hadn´t followed the authority in the form of these signs.  If I wasn´t trusting the authority of the Camino, I would be desparately lost by now.

Happy feast of the Little Flower.  Instead of the traditional 8pm mass at the Church, I have heard that we have a priest pilgrim who will say mass at 6:30 in our courtyard.

Wednesday, September 30, 2009

Lumen Gentium, the Dogmatic Constitution of the Church

I appreciate Michael's post with "a" translation of N. 113 of Veritatis Splendor. However, it seems that the text that I provided is in accord with Lumen Gentium wherein the people of God is discussed at considerable length. I think my friends and colleagues in the women's religious orders share my point.

God bless!


RJA sj


Dear Robert, in your post below, ...

... you quote this passage:

"Dissent,
in the form of carefully orchestrated protests and polemics carried on in the media, is opposed to ... a correct understanding of the hierarchical constitution of the People of God."

Here's a translation of the passage for the context at hand:

"Dissent,
in the form of carefully orchestrated protests and polemics carried on in the media, is opposed to ... a correct understanding of the patriarchal constitution of the People of God."

A house divided...

 

Thanks to Michael P. for bringing to our attention the National Catholic Reporter story about Sr. Theresa Kane, RSM. I had seen the story earlier today, and I have been following the accounts of the investigations of the Leadership Conference of Women Religious. Unlike Michael, I do not have any relatives who are women religious, but I do have friends who are members in various women’s religious institutes. I know that some of them welcome the investigation to which Sr. Theresa Kane refers and objects. I have been praying over the matter for some time; moreover, I have been studying what is going on. In my study, I continue to reflect on and ponder the words of John Paul II in his encyclical letter Veritatis Splendor:

 

While exchanges and conflicts of opinion may constitute normal expressions of public life in a representative democracy, moral teaching certainly cannot depend simply upon respect for a process: indeed, it is in no way established by following the rules and deliberative procedures typical of a democracy. Dissent, in the form of carefully orchestrated protests and polemics carried on in the media, is opposed to ecclesial communion and to a correct understanding of the hierarchical constitution of the People of God. Opposition to the teaching of the Church’s Pastors cannot be seen as a legitimate expression either of Christian freedom or of the diversity of the Spirit’s gifts. When this happens, the Church’s Pastors have the duty to act in conformity with their apostolic mission, insisting that the right of the faithful to receive Catholic doctrine in its purity and integrity must always be respected. “Never forgetting that he too is a member of the People of God, the theologian must be respectful of them, and be committed to offering them a teaching which in no way does harm to the doctrine of the faith”. N.113

 

I hold the view that these words of John Paul II apply to all the people of God, be one a bishop, a cleric, a religious, or a lay member of the faithful. Susan, Michael, and I have addressed issues surrounding these investigations before, and I suspect we will address them again as the investigations proceed. In the meantime, I think prayers are in order for the Church, the people of God, the Body of Christ.

 

RJA sj

 

Mercy Sister Thersa Kane Critizes Church Hierarchy

This appeared this morning at NCRonline:

Speaking at the 40th anniversary conference of the National Coalition of American Nuns in St. Louis, Mercy Sr. Theresa Kane offered a stinging rebuke to the Vatican for its treatment of women in general and of women religious in particular.

Referring to the Vatican investigation of U.S. women religious initiated last December by Slovenian Cardinal Franc Rodé, who heads the Congregation for Institutes of Consecrated Life and Societies of Apostolic Life, Kane called it “a sign of impotence in the church hierarchy.”

“Regarding the present interrogation, I think the male hierarchy is truly impotent, incapable of equality, co-responsibility in adult behavior,” she said, not mincing any words. “In the church today, we are experiencing a dictatorial mindset and spiritual violence.”

But she described herself as a hopeful person. “Why do we hope and why do we endure?” she asked. “I have one chance, one life, and therefore I have a responsibility to criticize. Our hope comes from solidarity between women religious and laywomen.”

[You can read the entire piece here.]

Congratulations to Teresa Stanton Collett

Congratulations are in order to Teresa Stanton Collett, colleague of our members from St. Thomas and a friend to many of us here at the Mirror of Justice. Teresa was nominated this morning to be a consultor to the Pontifical Council for the Family. The announcement of her nomination is here in the Italian version. Do well, Teresa, do well!

RJA sj

It´s a Small World on the Camino

As I opened the door yesterday morning, I could here other pilgrims as their walking sticks and trekking poles clicked against the cobblestones of the medieval city of St. Jean Pied de Port.  On the way out of town in the predawn light and fog, I saw that the church was open, and I went and lit a candle for my daughter Michelle on her 21st birthday, my dad on his birthday, and one for all the pilgrims leaving St. Jean that day.  As I headed into the mountains alone, I could see pilgrims ahead of me and behind me. 

After an hour or so, I fell into a group with four others - Roberto from Italy, Romana from Austria, and a Spanish couple Mariano and Lily.  At about 11 am when came across a small restruant in the mountains.  Our dilemma, coffee or a beer.  I won´t tell you what we chose, but I will tell you we were advised that beer has electrolytes.  Roberto expressed well the reason for doing the Camino - the Camino is a microcosm of life - a way to step outside of the normal routine to consciously embrace life on its own terms. 

We stopped for lunch near a statue of the Virgen at one of the highest points on the mountain with pastures with a sweeping panaroma.  And, what an amazing lunch - The only shop that I had found open that morning sold meat so I only had ham.  Three others only had bread and the fourth chocolate.  I had feared that I would eat only meat for lunch, instead we shared a feast. 

Tired in the afternoon, we descended on the Spanish side through a forest with its autumn leaves.  At mass last night, the priest mentioned the countries represented that day in this small village - there were pilgrims from all over Europe, US, Australia, Argentina, Venz., Brasil, Korea, and Eriteria.  I slept well in the alberque, which was a big room with 100 bunk beds stretching from one end to the other.

One last comment, giving rise to the small world title.  The very first pilgrim I met - we literally ran into each other - in St. Jean is a very good friend of our friend Doug Kmeic.  Martin, his son Emilio, and a film crew are doing the Camino, with plans to arrive in Santiago a few days after me. (John, when I return, I´ll send Martin a copy of our boat article).

 

Tuesday, September 29, 2009

The Supreme Court class photograph
Doug Mills/The New York Times.

The Supreme Court photograph is taken only when there is a change on the bench.