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, March 11, 2009

Guess it's not a "scientifically worthy" line of inquiry?

An MOJ reader and blogger in her own right brought to my attention the fact that Obama's Executive Order on stem cell research also revoked a Bush executive order directing funding for research for alternatives  to embryonic stem cells.  Here's her blog post with more details, including a statement from the Catholic Medical Association on Obama's Executive Order.

Tuesday, March 10, 2009

Utaaaahhhh!

Our LDS friends had it right.  Utah "is the place."

Connecticut bill tabled (for now)

What Rick Hills (correctly, I think) called "the Connecticut legislature's preposterously unconstitutional attack on Catholicism" appears to have been tabled, for now.  And just in time, because the state's legislators were about to receive a sternly worded letter, written by Prof. Douglas Laycock and signed by a dozen law-and-religion scholars, setting them straight.  The letter is available, after the jump.

Continue reading

Strike One for Obama

On the America blog, Michael Sean Winters writes: 

[T]he justifications for the decision coming from the administration are so obnoxious or pathetic or both that this decision can properly be labeled Strike One against Obama.

*    *    *

Those of us who have supported the President, who were non-plussed by the reversal of the Mexico City policy on the grounds that gag rules are difficult to defend in a liberal polity, and have been ambivalent about the nomination of Gov. Kathleen Sebelius, must here draw a line. The President’s decision on stem cells, and the hubristic way it is being defended by his staff, is deeply disturbing. I do not expect to agree with anyone one hundred percent of the time, so I do not feel inclined to abandon my overall support for the administration. But, it is Strike One.

For the full post, click here.

The coming evangelical collapse

Michael Spencer's comment, with the above title, appeared today on the Christian Science Monitor website.  Here is the opening:

We are on the verge – within 10 years – of a major collapse of evangelical Christianity. This breakdown will follow the deterioration of the mainline Protestant world and it will fundamentally alter the religious and cultural environment in the West.

Within two generations, evangelicalism will be a house deserted of half its occupants. (Between 25 and 35 percent of Americans today are Evangelicals.) In the "Protestant" 20th century, Evangelicals flourished. But they will soon be living in a very secular and religiously antagonistic 21st century.

This collapse will herald the arrival of an anti-Christian chapter of the post-Christian West. Intolerance of Christianity will rise to levels many of us have not believed possible in our lifetimes, and public policy will become hostile toward evangelical Christianity, seeing it as the opponent of the common good.

If you are interested, keep reading here.

Saletan on "ideology" in the stem cell debate

Will Saletan, who often takes conservatives to task for their stance on sanctity-of-life issues, has some stinging words for those who are euphoric in the wake of President Obama's announcement on funding for embryonic stem-cell research:

Think about what's being dismissed here as "politics" and "ideology." You don't have to equate embryos with full-grown human beings—I don't—to appreciate the danger of exploiting them. Embryos are the beginnings of people. They're not parts of people. They're the whole thing, in very early form. Harvesting them, whether for research or medicine, is different from harvesting other kinds of cells. It's the difference between using an object and using a subject. How long can we grow this subject before dismembering it to get useful cells? How far should we strip-mine humanity in order to save it?

And then there's this:

Several months ago, opponents of embryo-destructive research gathered in Washington to celebrate Eric Cohen's book In the Shadow of Progress, which explores the moral costs of biotechnology. They asked me what I thought of the book. I told them that the book was beautiful and important because it represented the losing side of history. It spoke for values threatened with extinction by the coming triumph of utilitarianism.  They didn't like hearing that. Nobody wants to be a loser. Losing is hard.

But winning is hard, too. In politics, to be a good winner, you have to pick up the banner of your fallen enemy. You have to recognize what he stood for, absorb his truths, and carry them forward. Otherwise, those truths will be lost, and so will you. The stem-cell fight wasn't a fight between ideology and science. It was a fight between 5-day-olds and 50-year-olds. The 50-year-olds won. The question now is what to do with our 5-day-olds, our 5-week-olds, and our increasingly useful parts.

"Urban Form as Spiritual Allegory"

Longtime MOJ readers know that I'm a property / land-use / urban-law scholar trapped in a ConLaw teacher's body.  On that note, I give you this post, "Urban Form as Spiritual Allegory," at a new (to me) and interesting blog, "PlumbLines."

Brad Gregory on Science, Scientism, and Morality

Responding to my earlier post, criticizing Pres. Obama's stem-cell-research statement, Prof. Brad Gregory (history, Notre Dame), offers this:

Not all disagreements are of a piece and not all diversity is desirable, as a moment’s reflection makes clear.  No one calls for more racist discourse or incitements to violence at Yale—thank goodness—even though more of each would obviously increase the university’s diversity.  Racism and violence are bad things, so they are rejected.  Some things shouldn’t be tolerated.  But what is the basis for such moral judgments?  Assertions of “human rights” will hardly do in a society riven by disagreements about what a human being is, as the abortion debate shows so starkly.  Why should we treat other human beings with dignity and respect, if self-interest offers more attractive alternatives?  Appeals to “human nature” are stillborn in an academic culture dismissive of the very notion as an oppressive, essentialist chimera.  The natural sciences can offer no help—despite the strained efforts of sociobiologists and evolutionary psychologists—if Homo sapiens is merely an unusually adaptive hominid, no different in kind than other mammalian species with which it shares so much genetic material.  The natural sciences neither observe any persons nor discover any rights—for the simple reason that there are none to be found given the metaphysical postulates and empiricist assumptions of science.  So-called transhumanists such as Simon Young grasp the implications: their deliberately eugenicist ethical agenda literally seeks the evolutionary self-transcendence of Homo sapiens through genetic manipulation.   If morality is a matter of preference among options, why not opt to make human beings obsolete by improving them?  Transhumanists simply want to enact their choices. 

        Claiming that morality is a constructed, contingent matter of preference has a rather problematic corollary: it implies that opposition to racism and violence is merely arbitrary.  We might happen not to like racist or sadistic or murderous views and actions, but that’s just us.  They are not intrinsically wrong, because nothing is, or indeed can be if, as physics Nobel laureate Steven Weinberg claims, we are “inventing values for ourselves as we go along.”   Neither are genocide, rape, torture, or the selling of teenage girls into sexual slavery intrinsically wrong.  We simply happen to live in a culture in which the majority happens not to like such things.  But perhaps people could be gradually persuaded to change their minds, or progressively pressured to adapt to different practices, or incrementally compelled to tolerate what previously they would not, as human beings have shown themselves so capable of doing. 

 

        Depending on what we’re talking about, the sort of relativistic inference frequently drawn from the fact of hyperpluralism—when expressed, for example, in blithe rejections of the notion of truth—is a dangerous, not to mention incoherent, move.  (It is incoherent because the assertion that there are no non-subjective truths is itself a truth claim.)  I’m all in favor of diversity with respect to ethnicities, art, literature, cuisine, and so forth.  But I regard the relativizing inference frequently drawn from the sociological fact of moral pluralism as not only dangerous, but potentially catastrophic.  Unless, of course, one doesn’t mind some genocide or rape, or thinks that the line from a song of ’80s rock star Pat Benatar applies just fine to the ambitions of transhumanists: “No one can tell us we’re wrong.”  Her lyrics are simply a corollary of Nietzsche’s claim: “there are no moral facts whatever.”

 

Today's the day . . . Don't kill school choice (and hope) in D.C.

Tell everyone you know, to write -- ASAP -- every Senator they can think of.  The Senate is scheduled to vote this morning on Sen. Ensign's amendment (No. 615) which would save the D.C. voucher program.  (If the Amendment does not pass, then hundreds of D.C. kids will have to leave their schools, and several D.C. Catholic schools, that serve low-income children, will have to close.)

Monday, March 9, 2009

What Happens in Connecticut Matters Here

Archbishop Chaput on the anti-Catholic Connecticut legislation:

To fellow Catholics of the Church in northern Colorado:


One of the ironies of Catholic life is that, while outsiders often see the Church as a monolith, the opposite is true.  Her real structure is much closer to a confederation of families.  Each diocese or "local Church" is accountable to the Holy See and in relation to one another within the Catholic faith.


But - both under Canon Law and in practice - each diocese is also largely autonomous.  The good news is that this ensures a healthy degree of diversity and freedom in local Catholic life.  The bad news is that those who resent the Church can more easily attack the believing community in a piecemeal way.


Bigoted legislators, including some who claim to be nominally or formerly "Catholic," are thankfully uncommon.  Most lawmakers, whatever their convictions, sincerely seek to serve the common good.  But prejudice against the Catholic Church has a long pedigree in the United States.  And rarely has belligerence toward the Church been so perfectly and nakedly captured as in Connecticut's pending Senate Bill 1098, which, in the words of Hartford's Archbishop Henry Mansell, "directly attacks the Roman Catholic Church and our Faith."


In effect, SB 1098 would give the state of Connecticut the power to forcibly reorganize the internal civil life of the Catholic community.  This is bad public policy in every sense: imprudent; unjust; dismissive of First Amendment concerns, and contemptuous of the right of the Catholic Church to be who she is as a public entity.  If Catholics want Caesar telling them how they're allowed to live their civil life as a community, this is exactly the kind of legislation to make it happen.


The legislative coercion directed against the Catholic community in one state has implications for Catholics in every other state.  If bigots in one state succeed in coercive laws like SB 1098, bigots in other states will try the same.


I strongly encourage Catholics across the archdiocese to show their support for the bishops and faithful Catholic people of Connecticut by writing the Connecticut lawmakers behind SB 1098 and letting them know - respectfully and firmly - that this kind of prejudicial lawmaking violates common sense, damages the common good and offends Catholics around the country.  One lesson we should learn from American history is this:  If Catholics don't defend their Church, nobody else will.


+Charles J. Chaput, O.F.M. Cap.
Archbishop of Denver