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.

Sunday, October 7, 2018

"China's Crackdown on Christianity"

Story here.  Very troubling.  A bit:

China’s crackdown on religion has taken a significant turn over the last two months, reaching a sustained intensity not seen since the Cultural Revolution. Outside the Three-Self Patriotic Movement churches—the state-sanctioned Christian churches—Christians have been facing steadily increasing pressure for the last 10 years. In 2017, the crosses of hundreds of churches were removed in Zhejiang Province. Cameras and other monitoring devices were also installed in churches throughout the province.

The situation is not isolated to Christians. Authorities in the Xinjiang Uighur Autonomous Region have been working to develop and implement a massive electronic surveillance system straight out of Nineteen Eighty-Four, including facial and iris recognition, speech recognition software, and even DNA sampling. Chinese authorities have also instituted a reeducation program, detaining Uighurs in “reeducation camps” and even luring Uighur students studying abroad to return to China under false pretenses, only to be detained.

Some G.K. Chesterton for today . . .

Re-read "Lepanto," and thank Don Juan (and the Holy Rosary!).

Our Lady, the Holy Rosary, and Lepanto

Lepanto

Friday, October 5, 2018

 
 
Remembering Rev. Robert J. Araujo, S.J.:
Priest, Lawyer, and Scholar
 
 
Thursday, November 8, 2018
5:30 p.m.
 
Loyola University Chicago School of Law
Power Rogers & Smith Ceremonial Courtroom, 10th Floor
25 E. Pearson Street, Chicago
 
Rev. Robert J. Araujo, S.J. was a beloved member of the School of Law faculty and the inaugural holder of the John Courtney Murray, S.J. University Professorship. He was a dedicated teacher, a devoted priest, and a good friend to many at Loyola. 
 
Father Araujo received both his BA and his JD from Georgetown University. He later continued his legal studies at Columbia University where he received both an LLM and an SJD.  He also earned degrees from the Weston Jesuit School of Theology (MDiv and STL) and Oxford University (BCL). An accomplished scholar, Father Araujo was the author of several books and numerous articles on natural law philosophy, statutory interpretation, international law, and Jesuit education.
 

In addition to holding various teaching positions at Loyola University Chicago, Gonzaga University, St. Louis University, Fordham University, and Boston College, he also served as Permanent Observer and Attaché and Legal Observer for the Holy See to the United Nations.

 

Father Araujo passed away
in October 2015. To honor his memory, a number of his friends and former colleagues prepared a collection of essays that have now been published as a book, Priests, Lawyers, and Scholars (Franciscan Univ. Press 2018). 

Please join us for a panel discussion to celebrate Father Araujo's life and the publication of the book.  

Panelists
Ronald J. Rychlak, Jamie L. Whitten Chair of Law and Government and Professor of Law, University of Mississippi

Elizabeth Schiltz, Co-Director of the Murphy Institute for Catholic Thought, Law and Public Policy, Herrick Professor of Law and Thomas J. Abood Research Scholar,  University of St. Thomas

David DeWolf, Professor Emeritus, Gonzaga University School of Law

Stefanus Hendrianto, S.J., Society of Jesus (West), book contributor and editor

A reception will follow the discussion. The event is free and open to the public.  
Registration is requested.
 
 
RSVP
 

Sunday, September 30, 2018

"(Communal) Life, (Religious) Liberty, and Property"

I highly recommend Prof. John Infranca's paper.  It's been available on SSRN for a bit, but I neglected to post about it on MOJ.  Here's the abstract: 

Property rights and religious liberty seem to share little in common. Yet surprisingly similar claims have long been made on their behalf, including bold assertions that each of these two rights uniquely limits the power of the state and serves as the foundation for other rights. This Article reframes the conception of property rights and religious liberty as foundational by foregrounding communitarian aspects of each right. Property and religious freedom are a foundation for other rights, but in a different manner than traditional accounts suggest. It is not the individual exercise of these rights that provides a foundation for other rights, but rather the complementary roles these rights play in the formation of normative communities that, in turn, serve as counterweights to the state.

This Article makes three distinct contributions to existing legal literature. First, it reveals the significant similarities in historical and theoretical conceptions of the foundational status of these two rights. Second, it integrates the developing scholarly literature on the communal and institutional nature of these two rights. Third, it builds upon this literature to contend that the right to property and religious freedom can indeed provide important foundations for rights more generally, but only if we sufficiently protect and nurture, through law, the communities and institutions upon which these rights depend. The Article concludes by suggesting new approaches to assessing a diverse set of contemporary legal disputes: religious communities seeking to locate in the face of local government opposition, Native American communities challenging government actions on sacred lands, and Sanctuary churches opposing immigration enforcement by sheltering individuals on their property.

I'll confess to having been feeling a bit "burned out" on law-and-religion scholarship, as so much of it recently has seemed trapped in the third-party harms / "new Lochnerism" / religious freedom v. antidiscrimination track.  Infranca's paper was really refreshing.  Check it out!

Saturday, September 29, 2018

Summer jobs and free speech

This weekend I'm speaking at the Canadian Christian Legal Fellowship's national conference in Vancouver, and I'm struck by how little we hear in the US about current religious liberty battles north of the border.  Some of the cases track with themes arising in American lawsuits, but others reflect a much more aggressive role for the state.  For example, the Canadian government has added conditions to a popular and longstanding program funding summer jobs with a wide range of nonprofit organizations.  An attestation attached to the program's application form this year required organizations to affirm that their "core mandate" respects a variety of rights, including "the values underlying the Charter of Rights and Freedoms," and specifically mentions reproductive rights.  Not surprisingly, Catholic and other traditional Christian groups refused to sign, and they lost millions of dollars in funding that they had relied on for years.  Litigation is pending.

Thursday, September 27, 2018

Correcting a point in David Henderson's essay at Public Discourse

David Henderson has an interesting essay up at Public Discourse today. It is well worth reading.

http://www.thepublicdiscourse.com/2018/09/22543/

I need to correct Mr. Henderson on one point.  He says:

"[Robert] George’s defense of Fr. [James] Martin lands predominantly on Fr. Martin’s willingness to verbally assent to Church teaching and not on the substance of Fr. Martin’s argument, which remains unaddressed. Several substantive points—including Fr. Martin’s promotion of “Pride” events, his ongoing support of New Ways Ministry and Out at St. Paul’s, and his insistence that the Church adopt LGBT+ nomenclature—do make an appearance at the end of George’s article, but are treated only as minor points of ongoing disagreement. But these issues are not so inconsequential. Taken together, they represent a single critical issue that has yet to be resolved: Fr. Martin’s continued affirmation of sexual orientation as a valid basis of personal identity."

Henderson is absolutely right that the issues he mentioned are not inconsequential. But I didn't say or imply or in any way suggest that they were inconsequential. In fact, the reverse is true. I made a point of highlighting their importance. In the very essay of mine to which Henderson is referring I say, speaking of areas of disagreement between Fr. Martin and myself:

"So where do we disagree? Mainly, I think, on whether same-sex attraction (or other forms of feeling related to sexuality, such as the dysphoria or dysmorphia people have in mind when they use the term “transgender”) is a valid basis for establishing one’s identity, and whether we ought to recognize and affirm identity built around same-sex attraction (or those other forms of feeling). Fr. Martin believes we should. I believe we shouldn’t. This is a deep, multidimensional, and important debate. The right answer will determine, for example, what sort of language we ought to use (“same-sex attracted” vs. “LGBT+”) and whether we ought to affirm celebrations of certain forms of “identity” such as those celebrated in “Pride” parades and other events."

I said--indeed, I have repeatedly stressed--the critical importance of these issues to the pastoral practice of the Church. It is not at all clear to me how Mr. Henderson could have read the words "this is a deep, multidimensional, and important debate," or anything else I have said about the matter in the essay and elsewhere, and concluded that I regard the issues as being merely "minor points of disagreement" or "inconsequential." 

What's more, again in the article to which Henderson refers, I called on Fr. Martin (as I have again since) to refrain from endorsing putatively Catholic ministries that reject the Church's teachings on sexual morality and marriage. Here is what I said:


"I would appeal to Fr. Martin to reconsider his support, which has been enthusiastic and vocal, for organizations such as New Ways Ministry and Out at St. Paul’s—organizations that unambiguously contradict and seek to undermine the Church’s teachings on marriage and sexual morality. His support for these organizations—motivated by his laudable desire to reach out in a welcoming spirit to those whom they purport to serve—leads people to wonder whether he is being honest in saying that he does not himself reject the Church’s teachings. New Ways Ministry has twice been severely rebuked by the US Conference of Catholic Bishops, and Out at St. Paul’s has explicitly claimed that Pope Francis is “wrong” to reaffirm the Church’s teaching on marriage as the conjugal union of husband and wife. Fr. Martin stands with the Pope and the Church, as I do. But that cannot be done consistently with an endorsement of Out at St. Paul’s."

Wednesday, September 26, 2018

New release this month - Mind, Heart, and Soul: Intellectuals and the Path to Rome

Robert George and RJ Snell have edited a book of interviews, set for release by TAN publishers on October 31st, entitled, "Mind, Heart, and Soul: Intellectuals and the Path to Rome." The volume includes the conversion stories of such luminaries as Bishop James D. Conley, Sister Prudence Allen, Adrian Vermeule, Fr. Thomas Joseph White, and Hadley Arkes. Honored to have my own story included too.

From the inside flap: 

In a series of fascinating interviews, a cradle Catholic (Robert P. George) and an adult convert (R. J. Snell), offer the stories of sixteen converts, each a public intellectual or leading voice in their respective fields, and each making a significant contribution to the life of the Church.

Mind, Heart, and Soul is a Surprised by Truth for a new generation. It will reinvigorate the faith of Catholics and answer questions or address hurdles those discerning entering the Church may have…by people have had the same questions and the same road.
 
While some of the converts are well-known, their stories are not. Here they speak for themselves, providing the reasons for belief that prompted these accomplished men and women to embrace the ancient faith.
 
Included are interviews with a bishop, a leading theologian and priest, a member of the International Theological Commission, a former megachurch pastor, a prominent pro-life scholar, professors from Harvard and other universities, as well as journalists and writers, novelists and scholars. Each are interviewed by another leading scholar, many of whom are themselves converts and familiar with the hesitations, anxieties, discoveries, and hopes of those who discover the Faith. 
 
These conversion stories remind us that the Catholic Church retains her vitality, able to provide answers and reasons for hope to new generations of believers, always sustained by the Holy Spirit. It is all too-easy to become discouraged in our day and age, but God never fails to call people to Himself, as evidenced by these remarkable stories.

Upcoming at Harvard: Peter Berkowitz on Mill and Education, Sr. Mary Madeline on the Wisdom of St. Catherine, and Justice Gorsuch on Christianity and the Common Good

Some exciting upcoming events at Harvard University, aptly responsive to current crises in academia, the Church, and our nation.

First, the Abigail Adams Institute's Third Annual Lecture will feature Peter Berkowitz next Thursday afternoon on "John Stuart Mill's Liberal Education." From the announcement: 

It is increasingly rare for colleges and universities to explain to students the purpose, structure, and content of liberal education, let alone provide one. John Stuart Mill's writings on liberty of thought and discussion, Socratic inquiry, and the aims and substance of liberal education provide an excellent introduction to the subject and illuminate the importance of the reform of higher education to liberal democracy. 

That same evening, the Thomistic Institute will host Sr. Mary Madeline Todd on "The Wisdom of St. Catherine in Times of Crisis." Sr. Mary Madeline is a Dominican Sister of Saint Cecilia Congregation who serves as Assistant Professor of Theology at Aquinas College in Nashville.

Finally, on October 19th and 20th, the Thomistic Institute will host a conference at Harvard Law School on "Christianity and the Common Good." Justice Gorsuch will keynote the event on Friday afternoon, followed by a full day of presentations on Saturday. Register here.

Speakers and panelists include the following:  Prof. Gerard Wegemer (University of Dallas), Prof. J. Budziszewski (University of Texas, Austin), Prof. Gladden Pappin (University of Dallas) Prof. Sarah Byers (Boston College), Fr. Dominic Legge, OP (Pontifical Faculty of the Immaculate Conception and the Thomistic Institute), Prof. Jacqueline Rivers (Harvard University) and Prof. Adrian Vermeule (Harvard Law School). 

Saturday, September 22, 2018

On the importance of "Social Infrastructure"

I enjoyed this piece in The Atlantic, on the importance and vulnerability of America's "social infrastructure."  Here's a taste:

Social infrastructure is not “social capital”— the concept commonly used to measure people’s relationships and networks—but the physical places that allow bonds to develop. When social infrastructure is robust, it fosters contact, mutual support, and collaboration among friends and neighbors; when degraded, it inhibits social activity, leaving families and individuals to fend for themselves. People forge ties in places that have healthy social infrastructures—not necessarily because they set out to build community, but because when people engage in sustained, recurrent interaction, particularly while doing things they enjoy, relationships—even across ethnic or political lines—inevitably grow.

The author's focus is on "physical places."  So, when he talks about churches, it is in terms of their being places where people (physically) gather, etc.:  "Nonprofit organizations, including churches and civic associations, act as social infrastructure when they have an established physical space where people can assemble, as do regularly scheduled markets for food, clothing, and other consumer goods."  This is fine, so far as it goes, but in some of my own work, I've tried to explore the "infrastructural" role that churches play as (quoting Paul Horwitz) "First Amendment Institutions."  Take a look, here, here, and here.