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.

Wednesday, July 8, 2009

Hold the Presses, the Michaels Agree

Michael P. says, "I have expressed skepticism, in much of my work over the past several years, that the claim that every human being has inherent dignity and is inviolable can be embedded in a secular world view."  I too am similarly skeptical. 

Which bring us to Steve Shiffrin's thought provoking comment and question: "I wonder about the utility of arguing that Catholic social thought is politically (as opposed to theologically) superior to all forms of secular liberalism. Does such a claim contradict the claim of Catholic social thought to appeal to all human beings?"  Some initial thoughts.  First, the various forms of secular liberalism will have kernals of truth (otherwise they wouldn't be attractive), and the Catholic ought to be open and willing to learn from the secularist.  Second, to the extent that the Catholic Church has a realistic anthropology, the claims of CST and Catholic legal theory ought to be accessable to non-believers through freflection and experience whether or not we assert its superiority.

Some MOJ Readers May Enjoy This "Fable"

From our friends at Vox Nova:  Catholic Perspectives on Culture, Society and Politics.

The Good Pope and the Bad Advisers — A Fable by George Weigel

Read it, here.

"The Place of Women on the Court"

In this Sunday's NYT Magazine, here.

(As a law student, I took a class from then-Professor, now-Justice, Ruth Bader Ginsburg, and if memory serves, it was the very first class she taught after joining the Columbia law faculty.)

The Place of Women on the Court

Liberal Democracy and Moral Anthropologies

1.  Liberal democracy, understood as democracy committed *both* to the inherent dignity and inviolability of every human being *and* to certain human rights, is something, I say again, we all here do affirm.

2.  Liberal democracy, thus understood, does not assert, entail, or presuppose a particular moral anthropology--though it does assert the inherent dignity and inviolability of every human being.

3.  Many who affirm liberal democracy typically also affirm (at least implicitly) a moral anthropology--though not all who do so affirm the same moral anthropology.

4.  I have expressed skepticism, in much of my work over the past several years, that the claim that every human being has inherent dignity and is inviolable can be embedded in a secular world view.

An MOJ Reader Responds

William Junker writes:

David Gibson's misrepresentation of the encyclical resides chiefly in
his claim that “what is clear, whether one reads every word or just
excerpts, is that the pope is a liberal, at least in American
political terms.” This is the mistake that Reese also makes. It is
true, of course, that the specific economic policies preferred by the
Pope and articulated in CV are more progressive and redistributive
than any of those on offer in America. But it is also true that the
specific social views outlined by the encyclical–pertaining to
abortion, marriage, contraception, euthanasia, and reproductive health
technology–are much more “conservative”–I place this in quotes to note
that these are really positions demanded by the natural law–than any
on offer in America.

I am aware that Gibson chose to focus on the economic aspects of the
encyclical, and it is true that if these are taken in isolation from
the anthropology that subtends them, the Pope looks something like
what in America we call a liberal. My point is simply that they cannot
be so taken, that the Christocentric anthropology on offer from the
Pope extends from conception, through the activities and structures
constituting social life, till natural death, and consequently that
the principles and policy prescriptions that follow from this
anthropology cannot be reduced--as they are reduced in Gibson, Reese,
and Weigel--to the conceptual categories of liberalism.

The ideological liberalism of these  authors disintegrates what in
reality is a seamless whole: Weigel sees the "real" Benedict in those
portions of the encyclical that seem to align with conservative
liberalism, while Gibson and Reese see the "real" Benedict in those
portions that seem to align with liberal liberalism.  What they all
miss, of course, is precisely the fact that the thought of Benedict--
the thought of the Church--cannot be so parsed: not because it
constitutes a reconciliation of these forms of liberalism but because
it refuses to be bound by the dictates of liberalism itself.  It is
therefore quite possible that what commentators are beginning to
describe as the encyclical's disunity, its apparent inconsistency in
tone, language, and argumentation, is less a reflection on the
encyclical itself than on the interpretive assumptions of its readers.


Liberalisms and the Scope of Catholic Social Thought

To me it is clear that more than a thin conception of the good is needed to ground a just society. But I do not think that all liberalisms rely on a thin conception of the good. Martha Nussbaum’s conception of human flourishing is a far thicker conception of the good than that of John Rawls (though it is a secular conception). (Nussbaum is a religious Jew, but she does not believe religion should play a public role in grounding religious judgments). I wonder about the utility of arguing that Catholic social thought is politically (as opposed to theologically) superior to all forms of secular liberalism. Does such a claim contradict the claim of Catholic social thought to appeal to all human beings?

Caritas in Veritate & the Trinity as a Social Model

Over at the America magazine blog, Austen Ivereigh takes issue with George Weigel's system for parsing Caritas in Veritate, and surmises that there might have been at least one other major influence in the drafting: Chiara Lubich, the founder of the Focolare Movement.  He points out three parallels in the discussion of fraternity and gift, in the "economy of communion," and in the link between poverty and isolation.  I'd like to suggest a fourth, which might contain all the rest, and which might even help us push beyond our liberal-conservative debate: the Trinity as a social model.  

54.  The theme of development can be identified with the inclusion-in-relation of all individuals and peoples within the one community of the human family, built in solidarity on the basis of the fundamental values of justice and peace. This perspective is illuminated in a striking way by the relationship between the Persons of the Trinity within the one divine Substance. The Trinity is absolute unity insofar as the three divine Persons are pure relationality. The reciprocal transparency among the divine Persons is total and the bond between each of them complete, since they constitute a unique and absolute unity. God desires to incorporate us into this reality of communion as well: “that they may be one even as we are one” (Jn 17:22). The Church is a sign and instrument of this unity. Relationships between human beings throughout history cannot but be enriched by reference to this divine model. In particular, in the light of the revealed mystery of the Trinity, we understand that true openness does not mean loss of individual identity but profound interpenetration.

Or as Lubich put it: “Jesus shows us that I am myself, not when I close myself off from the other, but rather when I give myself, when out of love I lose myself in the other. . . . In the relationship of the three divine Persons, each one is love, each on is completely, by not being: because each one is, perichoretically, in the other Person, in eternal self giving.”  (Lubich, Essential Writings, 211-212).

 

The Trinity as a “social model” has been common parlance in the circles of Focolare scholars for several years now, and these conversations have served as the foundation for much of my own work and scholarship (eg, Toward a Trinitarian Theory of Products Liability). 

 

Much of the work so far has been published in Italian, but there’s a new book just out in English by Thomas J. Norris (an Irish priest and professor of systematic theology), The Trinity: Life of God, Hope for Humanity—Towards a Theology of Communion(2009), which also includes a chapter on the connection between the Trinitarian model and the Economy of Communion.

 

It might be interesting to explore further whether the life of the Trinity as set out in number 54 might be something of a literary key for the entire encyclical—for example, it might be the paradigm which helps us to make sense of the discussion of the need for “gratuitousness” in economic life; and of the importance of safeguarding individual and cultural identities while at the same time helping people and peoples to forge bonds of communion with each other and across borders.

 

Are all MOJ-bloggers proudly liberal?

Michael P. says:  "there *is* an important sense in which we MOJ-bloggers are all liberals - and proudly so" in the sense that most "conservatives" and "liberals" on the US political scene today are merely two sides of the same liberal coin.  I certainly believe that "our commitment to democracy ... cannot be understood except  by appeal to a higher moral authority..." and that all persons are "inviolable in the eyes of God."  But, are these tenets of liberal democracy? 

I understand liberal democracy as a project that cares deeply protecting human rights (negative liberty) with an offshoot of liberal egalitarianism (with elements of positive liberty).  And, I agree with these tenets.  But, what is the foundation for this perspective on human flourishing.  In liberal democracy, individuals are free to pursue their own private conception of the good, but the only public conceptions of the good are that people ought to be free to pursue their own private projects, and for liberal egalitarians, with wealth redistribution, if necessary.  (Am I wrong about this?)  The questions of origin, purpose, and destiny in life are privatized, leading to a very thin public conception of the person.  This very thin public conception of the person  means, I think, that the liberal democratic project cannot adequately answer who counts as a human being and cannot provide the intellectual foundation for its own human rights project because it cannot answer the question of why human beings count.  That is why Pope Benedict is, as Rick says, making certain anthropological claims:    "about authentic, integral human development and flourishing and, therefore, it is a call to take seriously what the truth is -- there is a truth -- about the human person, namely, that he is made in the image of God and loved by Him."  The modern political project (whatever we may call it) is doomed to failure without a thick conception of the person - without a criterion for judging why human beings ought to be respected.

Does liberalism, as Michael P. described it, have the resources to undertake this thickening process?  (I have lots of other questions but this will have to suffice for now).

On "liberalism"

A brief comment on Rick's post--in particular, on the question of political labels.  In my judgment, the heart of the problem--and it is a serious problem--with the labels "liberal" and "liberalism" is that they mean such different things to different people.  And they mean such different things in different contexts; moreover, to be a "liberal" in one context--that is, with respect to one issue or set of issues (e.g., the proper role of government vis a vis the economy)--does not entail that one is a "liberal" in a different context (e.g., the proper role of government vis a vis the regulation of abortion).  The pope's encyclical illustrates the last point quite powerfully, yes?

And yet, there *is* an important sense in which we MOJ-bloggers are all liberals--and proudly so:  It is not "democracy" full-stop that we affirm, but "liberal democracy":  a democracy committed, first, to the proposition that each and every human being has inherent dignity and is inviolable and, second, to certain human rights against government--that is, against law-makers and other government officials--such as the right to right freedom of religion.  (A democracy is committed to the proposition that every human being has inherent dignity and is inviolable if in the political culture of the democracy, the proposition is axiomatic.  And a democracy is committed to a human right against government if in the legal system of the democracy, the right is recognized and protected as a fundamental legal right.)  Philosopher Thomas Nagel has written that "[t]he term 'liberalism' applies to a wide range of political positions . . .  But all liberal theories have this in common:  they hold that the sovereign power of the state over the individual is bounded by a requirement that individuals remain inviolable in certain respects . . .  The state . . . is subject to moral constraints that limit the subordination of the individual to the collective will and the collective interest."  Thomas Nagel, "Progressive but Not Liberal," New York Rev. of Books, May 25, 2006.  Similarly, philosopher Charles Larmore has argued that "our commitment to [liberal] democracy . . . cannot be understood except by appeal to a higher moral authority, which is the obligation to respect one another as persons."  Charles Larmore, "The Moral Basis of Political Liberalism," 96 J. Philosophy 599, 624-25 (1999).   Cf. Samuel Brittan, "Making Common Cause:  How Liberals Differ, and What They Ought To Agree On," Times Lit. Supp., Sept. 20, 1996: "[P]erhaps the litmus test of whether the reader is in any sense a liberal or not is Gladstone's foreign-policy speeches.  In [one such speech,] taken from the late 1870s, around the time of the Midlothian campaign, [Gladstone] reminded his listeners that 'the sanctity of life in the hill villages of Afghanistan among the winter snows, is as inviolable in the eye of almighty God as can be your own . . . that the law of mutual love is not limited by the shores of this island, is not limited by the boundaries of Christian civilization; that it passes over the whole surface of the earth, and embraces the meanest along with the greatest in its unmeasured scope.'  By all means smile at the oratory.  But anyone who sneers at the underlying message is not a liberal in any sense of that word worth preserving."

I don't want to concede the term "liberal"--as in "liberal democracy"--to the citizens of the cacophonous City of Babel!  But, of course, where and when it is useful to employ the term, we should employ it in a way that clarifies rather than obscures discussion.  This I try to do in my new book, due out later this year:  The Political Morality of Liberal Democracy (Cambridge University Press).

Categories: Real and Reductive?

Amy asks"can we all agree that the categories are simultaneously real and reductive?"   I'll give a qualified "yes" to that.   They are certainly reductive and are real at least to the extent "that much of our political, social and legal landscape is working with these categories (liberal-conservative, right-left)."  But, we can reject this common mentality, and I think our dialogue would be much enriched by this effort along with, as Michael P. suggests, asking for the grace to overcome our own self-righteousness.

Michael P. asks"Don't you agree that what Fr. Reese says ("that [B16] is to the leftof almost every politician in America") is accurate?"  As I said above, I think our dialogue would be much enriched if we rejected the common impulse to categorize in this way.  What purpose does this label serve in this context?  As far as I can tell, its reductive potential greatly outweighs any probative benefits.  Shouldn't we be exploring the merits of Benedict's proposals and not whether they are conservative or liberal, right or left?  So to answer Michael's other question ("Um, we can't will the categories away, can we?"), I would say "yes," if we make a conscious effort.  And, I am glad that the two Michaels are willing to do that "[e]xcept when posting a tongue-in-cheek comment to rock-climbing Rick."

Finally, Rick's post is brilliant!