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, December 5, 2008

Naming the Source of Dignity: A Fifth Response

My student Steven Albright responds to the question:

The student who said that the responses come from not wanting to think about finals is very much correct.  Today it was much more agreeable to me to think about dignity than to study for finals (or finish that final reflection paper on the course. whoops!)

 

As Fr. Araujo correctly points out, this dignity can be discovered through reason.  The imago Dei reasoning might not be persuasive to all individuals but we can still get to the answer as a logical extension of the natural law.  Through the natural law we can generally discover how to treat others correctly.  The question of “to whom” naturally follows “how.”

 

I'm not sure that this question about who merits dignity is the result of a “modern philosophical shift” as another student put it.(although that shift has certainly exacerbated the problem)  The concept of the “other” has been used throughout history as an easy method of rationalizing evil acts.  The evil ceases to be wrong in the mind of the actor when we strip the dignity from the target of that evil.  Looking back to the Bible, the Parable of the Good Samaritan (Luke 10:25-37) presents a similar situation.  After asking what he must do to inherit eternal life, part of which is to love his neighbor as himself, the lawyer asks those familiar words “And who is my neighbor?”  Understanding how he is required to act, the lawyer attempts to weasel out of that requirement. (“[b]ut because he wished to justify himself...”v29)

 

Regarding the more modern approaches to deciding who is deserving of dignity, I see them as simply more sophisticated versions of the same argument.  These other flawed definitions, however, are extremely dangerous because they seem to be logical unless we stop and consider their implications. 

 

As the student in the fourth response suggests with the discussion of nominalism, we are approaching the question from the wrong angle if we try to define who is deserving instead of presuming that everyone is worthy and from there make attempts to justify the potential exclusion of anyone.  From that perspective it becomes much more difficult to deny that dignity to an individual.

A follow-up on the International Theological Commission

 

 

As I mentioned earlier this week, the International Theological Commission (ITC) has been meeting in its final session and met earlier today with Pope Benedict. As you may recall, the ITC has been working on a document concerning a search for a universal ethics that brings a new examination into the moral natural law. The address of the Holy Father is here, however it is still only available in Italian (versione originale). As I previously mentioned, it will be some time before the final text is released by the ITC, and this was confirmed by the pope when he stated (my translation), “it must still be subject to the final review of the ITC according to its norms.” However, the Holy Father hastened to add that this work must be done expeditiously for there is necessity and urgency to make the ITC’s work accessible in order “to create in the civil culture and political society a consciousness that makes the value of the moral natural law indispensable.” He added that “the natural law constitutes the authentic guarantee to everyone for living in freedom and receiving respect in human dignity knowing that they are defended from any ideological manipulation and any abuse perpetrated by the law of might” (versus the law of right).

 

As I previously stated, I shall be on the lookout for the release of the ITC’s final text. But, in the meantime, I thought that MOJ contributors and readers would be interested in this development.

 

 

RJA sj

 

John Allen on Doug Kmiec as U.S. Ambassador to the Vatican

Here.

Arbortion Absolutists

This article, in the current issue of America (Dec. 15, 2008), is very interesting.  The author is John F. Kavanaugh, SJ, professor of philosophy at St. Louis University in St. Louis, Mo.  To read the whole article, click here Here's an excerpt:

Abortion Absolutists

'The sad reality is that extremists on both sides are alienating citizens from one another.'
the cover of America, the Catholic magazine

I f there is any hope for change in national abortion politics, it will rest on more honest and open discussion. The sad reality is that extremists on both sides are alienating citizens (as well as people of faith) from one another. The common ground that unites the majority of Americans who want to limit abortions is eroded by people who insist on an absolute position.

The extremist poles on abortion are these: 1) nothing short of criminalizing the termination of any pregnancy from fertilization or conception is acceptable; 2) nothing short of total reproductive choice until birth is acceptable. These extremes have determined the debate in the public square; and as long as this continues, we will never reach consensus to protect unborn human life. They are also polar positions that have never been closely examined by their proponents.

Absolutists for “choice” should answer the following questions. Is there no constraint on “reproductive freedom”? Do you want a woman to be free to choose only male births? Why or why not? Do you support abortion in the second or third trimester for the sake of harvesting organs? Would you support a woman’s right to sell her aborted fetuses? Are you in favor of infanticide for newborns resulting from a botched abortion? And speaking of neonates, what do you think are the significant differences between a one-day-old baby and a 30-week fetus? Are you willing to face the moral chaos of absolutizing the “right to choose”?

Absolutists for “life” should answer questions too. Since you hold, as I do, that a human being’s life begins at fertilization or conception, do you think that Senator John McCain, Senator Orrin Hatch and John Danforth are accomplices to homicide in their support of embryonic stem cell research? Do you know why they hold their position? Can you offer evidence that might change their minds? Do you wish to criminalize those who sell or buy contraceptive pills that are likely abortifacients? Do you think there might be people of good faith and conscience who think a human life does not begin until implantation? If there are, are you proposing that we impose our position on them?

The politicizing of extreme positions that have never been seriously questioned has prevented any serious discussion of the facts. Facts are the enemy of both poles. And facts are what we should look at, if we are to address the topic of abortion in the public square.

.....

There is ...evidence ... to suggest that an individual human being does not begin until the process of implantation in the uterus begins. This is largely a cellular argument. In the judgment of some scientists and scholars, the cells of an early-stage embryo seem not to function as an integrated unitary individual. They are undifferentiated, uncommitted to function as parts of an organism. Moreover, twinning can take place (as well as recombination), which suggests to some that it is not an integrated individual. Finally, the phenomenon of early-stage loss of embryos (from 40 percent to 60 percent) leads many to believe that an individual has not yet come to be. (All of these points, by the way, are countered by proponents of fertilization who argue that differentiation of a kind starts at day one, that twinning is genetically programmed and that the loss of embryos is only an indication that individuation has not occurred.)

.....

[M[ost people open to the facts recognize that a human life has begun by the end of the first trimester of a pregnancy. It is at this point that some common ground may be reached to protect unborn human life. There is political will at hand to ensure such protection; but as long as the extreme positions hold sway, no action will be taken. People know that a human life is being terminated after the first trimester. What compounds the tragedy of abortion is our helpless acceptance of the ugly reality.

Abortion reform will occur only if the extreme positions are unmasked as intransigent, unwilling to suffer tough questions or accept the basic facts of life. Those of us who hold that human life begins at conception will continue to argue our case. We will celebrate adult stem cell therapies as strongly as we resist embryonic stem cell research. And we may convince many. But if we are unwilling to make even the slightest move to protect some of the unborn because we cannot protect all humans conceived, the shameful history of abortion in the United States will go unchanged.

Obama, Abortion, and the Art of the Possible

America

December 15, 2008

Editorial:  The Art of the Possible

the cover of America, the Catholic magazine

N ext month will mark the 36th anniversary of Roe v. Wade, the flawed U.S. Supreme Court decision that overturned most laws restricting abortion in America. The official anniversary will be Jan. 22, two days after another historic milestone, the inauguration of Barack Obama as the nation’s 44th president. These two events should provoke serious national reflection on how to address the tragedy of abortion in this country, which Pope John Paul II rightly characterized as an affront to the dignity of the human person, undermining the very fabric of society.

While access to abortion is protected by judicial fiat, there are several strategies the new president could employ that would reduce the number of abortions. He could appoint justices to the U.S. Supreme Court committed to the sanctity of human life and to a more reasonable and moral view of the right to privacy than the one expressed in Roe. He could keep in place the restraints on abortion imposed by executive order during the George W. Bush administration. He could veto the Freedom of Choice Act, in the event that it reaches his desk, and he could fight any effort to repeal the Hyde Amendment, the federal law that bars the use of federal funds to pay for abortions.

Mr. Obama should do all of these things. He is not likely, however, to do any of them. That is political reality. Though pro-life activists should not exempt the new president from moral suasion, nor abandon efforts to end access to abortion by all legal and moral means, they must realize that Mr. Obama is not at all likely to pursue policies that several committed pro-life presidents like Reagan, George H. W. Bush and George W. Bush were either unwilling or unable to adopt themselves.

Instead of bemoaning this fact, pro-life activists should take seriously Mr. Obama’s promise to find ways of reducing abortions short of outlawing them. This approach may be both prudent and morally justified. As the U.S. Catholic bishops have noted, “sometimes morally flawed laws already exist. In this situation, the process of framing legislation to protect life is subject to prudential judgment and ‘the art of the possible.’”

The prudent question that pro-life advocates should pose is, What could we ask Mr. Obama and a Democratic Congress to do that they might actually do? Given that the abortion rate, according to the pro-choice Guttmacher Institute, among women living below the federal poverty level is more than four times that of women living 300 percent or more above the poverty level, pro-life activists could work with Congress and the president to provide low-income women with health care, childcare, housing, services for disabled children and other basic supports young women especially need.

Pro-life activists could also insist on a review of federal and state welfare policies to ensure that they do not indirectly encourage abortions. This is especially important in light of the fact that there may be a correlation between the existence of state caps on children eligible for economic assistance and an increased incidence of abortion. Ad-vocates could also work with the president and Congress to increase federal funding for adoption services and comprehensive, morally acceptable sexuality education and crisis pregnancy centers, as well as support for programs to curb domestic violence and sexual abuse. All of these efforts are required by a culture that values life. As John Paul II noted, “It is not enough to remove unjust laws.... For this reason there need to be set in place social and political initiatives capable of guaranteeing conditions of true freedom of choice in matters of parenthood.”

[To read the rest, click here.]

Religious Freedom and Head Scarves

The European human rights court yesterday uanimously rejected the complaint of two French Muslim girls who were expelled from school for refusing to remove their head scarves.  Although I haven't read the opinion, Reuters reports that the court determined that "the school had done its best to balance the interests of the girls with respect for France's secular model, and their expulsion was a consequence of their refusal to respect rules of which they had been properly informed."

Thursday, December 4, 2008

Faith and Justice

This is today's Gospel reading:

Gospel
Mt 7:21, 24-27

Jesus said to his disciples:
“Not everyone who says to me, ‘Lord, Lord,’
will enter the Kingdom of heaven,
but only the one who does the will of my Father in heaven.

“Everyone who listens to these words of mine and acts on them
will be like a wise man who built his house on rock.
The rain fell, the floods came,
and the winds blew and buffeted the house.
But it did not collapse; it had been set solidly on rock.
And everyone who listens to these words of mine
but does not act on them
will be like a fool who built his house on sand.
The rain fell, the floods came,
and the winds blew and buffeted the house.
And it collapsed and was completely ruined.”

At mass this evening, our pastor reminded us that faith and justice are intertwined.  Unless we act with God's merciful justice, ...

A followup to Susan's post of David Weiss's e-mail ...

Our journey to holy union

Kate Childs Graham

December 4, 2008

About a month before Proposition 8 passed in California Nov. 4, taking away an array of human rights, and the U.S. bishops decided to team up with the Knights of Columbus to make the “preservation of marriage” one of its key focuses for the next five years, my partner, Ariana, and I made our commitment to one another.

Our marriage was not “legal” by terms of the state of California or the official Catholic church. Yet, in our eyes and in the eyes of our friends and family, our union is indeed holy.

As society has not yet defined the norms for our relationship the way it has for those of heterosexual couples, we had the freedom to be the architects of our own journey. And so, when Ariana and I initially realized that we were building a lifelong partnership, we had the opportunity to choose whether or not we needed or wanted a ceremony to mark our commitment.

After many discussions, we decided that not only did we want to have a wedding ceremony in order to express our love and commitment to each other in the presence of the Creator, our friends and our family, but we also wanted to take the year before the ritual to traverse through our version of a Pre-Cana marriage preparation program.

Our Pre-Cana was quite different from the Pre-Cana courses that many heterosexual couples go through kicking and screaming. Diann Neu, codirector of the Women’s Alliance for Theology, Ethics, and Religion, walked with us through the journey.

She challenged us with questions we had not thought to ask or were afraid to ask. We discussed everything: finances, children, fair fighting, spirituality and so on. We tackled the last-name debacle and settled on a combination of our mothers’ maiden names. We came to new levels of understanding -- and, sometimes, new levels of misunderstanding.

After we had journeyed through several months of our Pre-Cana, realizing that the work of communication would never be finished, we turned our focus to our ceremony. Diann helped us understand that we were the priests of our wedding. With great care, we crafted every moment of the ceremony to reflect a delicate balance of Ariana’s Unitarian Universalist tradition and my Catholic faith tradition. We each chose a reading -- my pick was from the Book of Ruth, while her choice was Alice Walker’s “While Love Is Unfashionable.” The songs -- “Morning Has Broken,” “Water Is Wide” and “Swimming to the Other Side” -- each signified an important aspect of our relationship. With Diann’s expertise, we even managed to create a beautiful eucharistic prayer that was inclusive of our faiths and the faiths of all who celebrated with us. In the end, we had a ceremony that was truly us.

Kate and Ariana

Kate and ArianaThe year of preparation flew by and before we knew it our friends and family were arriving from all over the world for the affair. The ceremony, held at a local Swedenborgian church, was everything we had imagined it would be from the moment our families lit the candles to our tear-filled exchange of vows to the closing prayer when our family and friends raised their hands to bless us.

And, of course, no wedding would be complete without a party to follow. We led the parade of guests to a small restaurant around the corner for dinner. At the reception, folks shared songs and poetry, laughter and tears. From the deep holiness of the ceremony to the lighthearted humor and love of the reception, Ariana and I both felt blessed to have had the opportunity to marry one another surrounded by those closest to us.

In the days following our holy union, fully sated by our love and the love of our community, we did not necessarily feel any change in our relationship. For us, our marriage was and is about the journey, and the ceremony was one marker along the path. However, our story is just one of many. And surely, other stories will vary greatly, as what it means to be family comes in a multitude of shapes and sizes. Still, common themes will certainly arise — love, commitment, passion, devotion and so on.

Indeed, this past month has offered many challenges to the LGBTQ community and society at large. The institutional Catholic church and the state cannot take away our commitment to each other. However, as my legal right to marriage and family has been called into question, I have felt that attack on my life and the lives of my friends deeply. My only hope is that these stumbling blocks on the road to justice will help open the dialogue, compel more people to tell their stories of love, and bring our church and our world closer to a discipleship of equals.

(Kate Childs Graham writes for ReligionDispatches.org [1] and YoungAdultCatholics-Blog.com [2]. She also serves on the Women’s Ordination Conference board of directors and the Call to Action Next Generation Leadership Team. )

Are "the kids" pro-life?

Some interesting thoughts, and data, here, from Ross Douthat.

Naming the Source of Human Dignity: A Fourth Response

One student remarked that so many students are responding to the blog today because ANYTHING is better than studying for finals.  Here is another student's take on the human dignity question:

"The real problem is, indeed, a modern philosophical shift, but not necessarily the one people are talking about. Modern philosophy begins with the outlying case: can there be human dignity for the human person that doesn't act, look, or smell like a person? Classical philosophers began with the norm, and then accounted for outlying variations. They established principles that were generally true of a type, while dealing in individual cases with the failure of some to have certain traits that otherwise seem characteristic of the type.

 As such, Aristotle was able to say that duties were owed to all other persons in so far as they were people, without tying the dignity that creates the duties to any particular trait. (I am being a bit anachronistic here, since Aristotle didn't really deal with "dignity" per se). He does acknolwedge that the thing that makes the genus human different is reason (like Kant) but says that we owe the duty to all others in the genus, regardless of whether they share the particular trait.

The difference is a belief that things have essences. Unfortunately, for this to make sense, we have to consider the age-old (really many ages old) debate over nominalism. That is, the debate is about whether the distinctions that separate categories of things are a recognition of real phenomena or merely nominal distinctions drawn by humans in recognition of certain common traits. If distinctions are recognitions of real differences in kind, then things of a kind share a common essence. And those things within the group ought to be treated alike. Thus, in the present case, human beings ought to be treated with dignity because they have the same essence, even if they lack certain characteristics that are definitive of human beings. But if distinctions are merely nominal, then when we say that we treat alikes alike, we have to look to certain characteristics that might grant (or not grant) the status of being alike.

An illustration that may or may not be helpful: a layman's definition of a dog is a creature with four-legs, a tail, and fur that barks. If a dog were to lose a leg, its tail, its fur, and its vocal chord in some terrible accident the classical philosopher would have no problem recognizing the creature as a (rather sad) dog that has lost certain characteristics, and would treat it as she would treat any other dog. But the nominalist would have to make a very real inquiry into whether the traits lost somehow made it so the dog no longer meets the definition of being a dog, and this could have a very real impact on how he treats the dog."