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.

Monday, September 15, 2008

Update on extracurriculars . . .

The folks at America have invited me to contribute occasionally to their Election blog (which I mentioned here).  And, I posted some thoughts, here, at the First Things "On the Square" blog, about (what I believe to be) Doug Kmiec's recent mis-reading of Cardinal George's statement on abortion and the common good.

There is also going on, at the Commonweal blog, and post-and-comments thread -- initiated by our own Eduardo Penalver -- about (among other things) the responsibility of political actors to respect democracy by speaking honestly and fairly and the question whether those who some commenters call "pro-life activists" should, given their commitments, be willing to go to war, or tear down the constitutional order, to end abortion.  Plus ca change . . .   

Sunday, September 14, 2008

More education good news

In keeping with my recent love-note to Notre Dame's Alliance for Catholic Education -- and to prove that, despite the occasional teasing, we here at MOJ have plenty of love for the Society of Jesus -- check out this column by George Will about the Cristo Rey schools.  (HT:  Ryan Anderson, at First Things.)

Saturday, September 13, 2008

Run that by me again ...

From the immediately preceding post:

"Anything humans can build is thus, automatically, a sign of God's love and fidelity to us."

I don't think so.  Auschwitz, for example.

Another Response to Atheism and the New Urbanism

Another reader responds to Atheism and the New Urbanism:

In Joel Kotkin's The City, he points out that classically, one of the main aspects that defined cities was their religiosity. Specifically, religion, along with commerce and defense, brought the people of the city together to live as a community, to have a shared experience of their lives. And he further posits that one of the problems with modern cities is that they don't have religion as a part of the fundamental cultural experience. But this is not to say that urbanism created atheism - I'm sure that the great Ancient and Medieval Cities were no less testaments to our abilities to create, to shape our environment. Somehow those people didn't seem to become atheists when faced with man's ability to build great things.
Instead, It seems much more likely that atheism seems to be coming out of the cities because it is a cultural trend and (as Kotkin points out) EVERY cultural trend begins in the cities.
Finally, theologically speaking, we build and create because we are made in the image and likeness of God. He allows us to co-create with Him. Anything humans can build is thus, automatically, a sign of God's love and fidelity to us. To live with that constant reminder shouldn't create in us a tendency towards atheism. The problem is that we can sometimes forget that what we've built is a sign of something else, and think that it is great because we made it so. But this is true of every sign of God's presence in our lives. I would wager that we are no more likely to see the sign of God that is the city and make it our God (or make ourselves God) than we are to look at nature and make make it our God.

A Response to Atheism and the New Urbanism

In response to my student's post on Atheism and the New Urbanism, one reader wrote:

In response to your most recent Mirror of Justice post on atheism and urbanism, I wanted to share with you a thought I had recently:  The downtown Chicago Temple Building, home of the First United Methodist Church of Chicago, has a steeple and cross at the top.  When I first saw it a month ago, I suddenly realized that for all of human history, the biggest building in any community has been its house of worship.  Even here, in the birthplace of skyscrapers, the Temple Building was the tallest in Chicago, from 1924 to 1930.  Then it was surpassed by the Chicago Board of Trade, and now it is dwarfed by nearly all of the neighboring office buildings.

Approaching a medieval European town or an ancient Greek city or a vast Mayan metropolis, a visitor could see where the residents’ hope lay, as the steeples and hill-top temples proclaimed from miles away: “God dwells here.”  Chicago’s Sears Tower calls out only that humans live here, and the hope it offers is an economic prosperity that tellingly has eluded the corporation which erected the steel behemoth.  So here’s hoping that the top of the new Chicago Spire, which will spin higher into the air than the Sears Tower, looks more like a cross than a dollar sign.

Friday, September 12, 2008

Benedict's speech in Paris

Courtesy of Sandro Magister, here is Pope Benedict's speech at the College des Bernardins. The speech is a profound reflection on the roots of European culture. It echoes some of the themes of Benedict's Regensburg address. In particular, there is a reflection on God as creative Reason.

Richard M.

A quick response to Michael

In response to Michael's recent post on the election:  He is right, certainly, that "many faithful Catholics" do not agree that "the only reasonable choice for a faithful Catholic to make is to vote Republican."  And, for what it's worth, I think I've always been pretty clear in my own posts that I do not believe faithful Catholics must vote Republican.  I do think they should, all things considered, but it seems clear to me that reasonable, faithful people can disagree with each other about what reasonable, faithful people should do.

It seems a separate question, though, whether the current position of Sen. Obama specifically, and the Democratic Party generally, on abortion is one that a "faithful Catholic" should, or even may, endorse.   Michael quotes a recent NCR article, which includes this:

According to a recent Associated Press story, Biden has said in the past that he is “prepared to accept” church teaching on when life begins, but at the same time he believes that Roe v. Wade “is as close as we’re going to be able to get as a society” to a consensus among differing religious and other views on the subject. We suspect that view is held by a lot of ordinary Catholics and more than a few bishops, albeit privately. So the dispute becomes more over political strategy than church teaching. How to attack the abortion problem from the political stump in the political arena -- where compromise is the coin of the realm -- is far different from pronouncing from the pulpit.

Here, Biden is wrong, I think.  First, even if it is true that, in a society like ours, we are not going to achieve consensus on abortion regulations, this does not mean that "Roe v. Wade" is the best we can do.  Roe v. Wade, again, makes it impossible for us, as a society, to work together towards consensus, or even just compromise.  Even if we think that Catholics can support, as a matter of political strategy, a permissive abortion-regulation regime, it does not follow that such Catholics should not care about Roe's wrong-ness.  (To be clear:  I am not saying that the question whether the Constitution in fact protects an abortion-right is one that Catholic teaching can or should answer.) 

Second, it is crucial that any Catholic -- or any pro-life voter -- who is trying to understand what is at stake, with respect to abortion, confront and read carefully the proposed Freedom of Choice Act.  This proposed law -- which Sen. Obama strongly supports -- is not at all (to use NCR's words) a "compromise."

UPDATE:  More here.

Catholics and the 2008 Presidential Election

There have been several posts here at MOJ on the 2008 presidential election, some concluding that the only reasonable choice for a faithful Catholic to make is to vote Republican.  But many faithful Catholics disagree with that conclusion.

Consider, for example, this editorial from The Tablet, 9/6/08:

Pro-Life Is Not A Single Issue

It may not decide who is to become the next President of the United States, but abortion is once again a hot issue as the 2008 election campaign is launched at the conclusion of the two party conventions. As during the campaign between John Kerry and George W. Bush four years ago, so attention has again focused on the Catholic vote - approximately a quarter of the whole - and how it will be affected by the strongly expressed opinions of some leading members of the Catholic hierarchy. Joe Biden, the man chosen to be vice-presidential running mate for the Democratic candidate, Barack Obama, is, like Mr Kerry, an Irish-American Catholic who supports - in a qualified way - the pro-choice position.

The stance taken by socially conservative prelates such as Archbishop Charles Chaput of Denver is that Senator Biden should not present himself for Holy Communion when he attends Mass, as he does every week. Indeed, he should be refused Communion if he insists on doing so. The fact that Senator Biden has opposed the legalisation of partial-birth abortion and is also against government funds being made available for abortion has not won him a reprieve from Archbishop Chaput's censure. But it may help him with Catholic voters in general, who by no means always do what their bishops tell them to. A significant number of them were persuaded to swing towards Mr Bush in 2004, but many have since noticed that America's pro-abortion laws are no nearer repeal as a result.

No doubt one of the reasons why the Republican candidate, John McCain, has chosen Governor Sarah Palin of Alaska is because she is strongly anti-abortion and therefore thought to be a magnet for conservative Catholic and Evangelical voters. But this is an area where the Catholic position itself is more nuanced. Whether or not a particular Catholic politician does or does not receive Communion is an issue that can cause hurt and embarrassment. But it does not stop Catholics from voting for him or her, even on a strict interpretation of moral theology and canon law. As Cardinal Ratzinger, Pope Benedict gave a ruling in 2004 that generally supported the case for adamantly pro-abortion Catholic politicians being denied Communion, but he added: "When a Catholic does not share a candidate's stand in favour of abortion and/or euthanasia, but votes for that candidate for other reasons, it is considered remote material cooperation, which can be permitted in the presence of proportionate reasons." This deserves to be more widely known, and is equivalent to the repeatedly stated view of the English and Welsh bishops that "a general election is not a single-issue referendum". Senator Biden has certainly been pro-life in urging outside intervention to stop genocide in Bosnia and Darfur, issues on which conservatives tended to be more restrained. He supports such pro-life causes - although not usually seen as such - as universal health care and measures to improve the lot of the American poor, among whom infant mortality runs at rates more usually seen in the developing world.

The demand that the Church should stay out of politics is transparently unreasonable. But if Catholic bishops are to exert political influence they must do so with a sophisticated appreciation of complex issues. If they are not careful, church leaders can find themselves being cynically manipulated by those whose real interest is not morality but power.

And consider this editorial from the National Catholic Reporter, 9/5/08:

The choice of Sen. Joseph Biden of Delaware as the Democratic vice presidential candidate brought an immediate and predictable reaction from those intent on using this election cycle to revive the Catholic culture wars.

Suddenly pundits knew “what kind of Catholic” Biden is and they were eager to frame his deepest motivations on the basis of a vote here and there on “life issues,” which in the world of the culture warrior translates as only one issue -- abortion. And they picked up immediate encouragement from on high when Denver Archbishop Charles Chaput issued the pastoral wisdom that Biden should refrain from receiving Communion.

To take that last matter first, Chaput’s pronouncement momentarily grabbed a portion of the national news cycle, but Catholics shouldn’t overreact. They would do better to read his book, Render Unto Caesar: Serving the Nation by Living Our Catholic Beliefs in Political Life, a far more nuanced and challenging presentation of his view of Catholic responsibilities.

They’d do better, too, by reading the U.S. bishops’ valuable and thorough reflection on political responsibility, “Faithful Citizenship,” which, while placing the protection of innocent life as the central consideration in pursuing the common good, also acknowledges the complexities of political life and the ambiguities that can sometimes confound even the most purposeful legislator.

Mr. Biden is, we suspect, closer to the people most priests face in the pews every week than the culture warriors would have us believe: devout, faithful, prayerful and questioning. The problem for him, of course, is that he plays out his life in public. Most Catholics don’t have to contend with a chorus demanding absolutes where sometimes only compromise and negotiation can serve the common good.

According to a recent Associated Press story, Biden has said in the past that he is “prepared to accept” church teaching on when life begins, but at the same time he believes that Roe v. Wade “is as close as we’re going to be able to get as a society” to a consensus among differing religious and other views on the subject. We suspect that view is held by a lot of ordinary Catholics and more than a few bishops, albeit privately. So the dispute becomes more over political strategy than church teaching. How to attack the abortion problem from the political stump in the political arena -- where compromise is the coin of the realm -- is far different from pronouncing from the pulpit.

The reality, as shown in poll after poll, is that Catholics, like most others in the culture, are looking for a politics on the abortion issue that is far removed from either extreme, a politics that can begin to effectively reduce the number of abortions. Catholics in Alliance for the Common Good released a study Aug. 27 that shows a strikingly direct correlation between the availability of social services and a drop in the number of abortions.

There is more involved in creating a culture of life than simply seeking the elusive ban on abortion. The culture wars have cost the church dearly in terms of political capital and credibility, and in the election of legislators who promise lots on abortion, deliver little and frequently ignore most of the rest of the bishops’ social agenda. No political party holds the complete Catholic vision of society.

Seeking a significant reduction in abortion will require more from us than protest and vilifying politicians. It will require an approach to the common good that places high value on programs supporting women and children, on assuring access to jobs and education and on dealing with the causes and effects of poverty. 

Thursday, September 11, 2008

New Urbanism and Conformity

Speaking of the New Urbanism, the column by Canadian David Warren that Michael Scaperlanda quoted the other day with respect to the presidential election also includes some critical comments about what the author sees as the dangerous propensity to conformity fostered by urban living circumstances:

To be fair to many who hold all the conventional "Canadian consensus" views, there is seldom much malice in them. As products of our ideologized schools and universities, living all their lives deep within urban conurbations, in spiritually "gated" communities where they mix only with their own kind, they have never been exposed to contrary ideas. And they are sincerely aghast when anything that challenges their profoundly settled views is set before them. The notion that deviation must be suppressed comes as naturally to them, as the notion that anything unIslamic must be suppressed, to a Wahabi fundamentalist in Arabia.

The idea that, for instance, a man could own a gun for any other purpose than to commit violent crimes, is not easily communicated to a person who has no ability whatever to visualize life outside the confines of an urban neighbourhood.

More subtly, the dweller in an urban apartment complex cannot imagine a life in which everything he does is not bound by fussy rules and regulations, and in which any act of non-conformity (lighting a cigarette, for instance) must be greeted with hysterical alarm. In this sense, our vast modern cities, not only in Canada but everywhere, breed Pavlovian conformity to their own physical requirements, and systematically replace moral imperatives with bureaucratic ones.

Is there something to this expression of concern? Does the urban setting "breed Pavlovian conformity" to bureaucratic rules? And is the opposite true? Is there something about non-urban settings that lead people to place a greater value on freedom and being left alone to make their own choice? Might this explain in part why city dwellers tend to vote for politicians who promise more government and more regulation, while rural and, to some extent, suburban dwellers tend to vote for politicians who promise less government and less regulation? Or, less polemically (as Mr. Warren's comments do seem a little over-the-top), are there moral consequences for urban versus non-urban living, not only in the social justice sense of proper use of resources, public care for the disadvantaged, etc., but also in the development of moral sensibilities and a resistance to government-centric concepts of public interest?

Greg Sisk

For September 11 . . .

Here is the prayer offered by Pope Benedict during his visit last Spring to Ground Zero:

O God of love, compassion, and healing,
look on us, people of many different faiths and traditions,
who gather today at this site,
the scene of incredible violence and pain.

We ask you in your goodness
to give eternal light and peace
to all who died here --
the heroic first-responders:
our fire fighters, police officers,
emergency service workers, and Port Authority personnel,
along with all the innocent men and women
who were victims of this tragedy
simply because their work or service
brought them here on September 11, 2001.

We ask you, in your compassion
to bring healing to those
who, because of their presence here that day,
suffer from injuries and illness.
Heal, too, the pain of still-grieving families
and all who lost loved ones in this tragedy.
Give them strength to continue their lives with courage and hope.

We are mindful as well
of those who suffered death, injury, and loss
on the same day at the Pentagon and in Shanksville, Pennsylvania.
Our hearts are one with theirs
as our prayer embraces their pain and suffering.

God of peace, bring your peace to our violent world:
peace in the hearts of all men and women
and peace among the nations of the earth.
Turn to your way of love
those whose hearts and minds
are consumed with hatred.

God of understanding,
overwhelmed by the magnitude of this tragedy,
we seek your light and guidance
as we confront such terrible events.
Grant that those whose lives were spared
may live so that the lives lost here
may not have been lost in vain.
Comfort and console us,
strengthen us in hope,
and give us the wisdom and courage
to work tirelessly for a world
where true peace and love reign
among nations and in the hearts of all.