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, July 18, 2008

Human Development in the U.S.

How are we doing on the human development front here at home?  Not too well it seems:

The American Human Development Index has applied to the US an aid agency approach to measuring well-being – more familiar to observers of the Third World – with shocking results. The US finds itself ranked 42nd in global life expectancy and 34th in survival of infants to age. Suicide and murder are among the top 15 causes of death and although the US is home to just 5 per cent of the global population it accounts for 24 per cent of the world’s prisoners. Despite an almost cult-like devotion to the belief that unfettered free enterprise is the best way to lift Americans out of poverty, the report points to a rigged system that does little to lessen inequalities.

“The report shows that although America is one of the richest nations in the world, it is woefully behind when it comes to providing opportunity and choices to all Americans to build a better life,” the authors said.  Some of its more shocking findings reveal that, in parts of Texas, the percentage of adults who pass through high school has not improved since the 1970s.

Asian-American males have the best quality of life and black Americans the lowest, with a staggering 50-year life expectancy gap between the two groups. Despite the fact that the US spends roughly $5.2bn (£2.6bn) every day on health care, more per capita than any other nation in the world, Americans live shorter lives than citizens of every western European and Nordic country, bar Denmark.

UPDATE:  As a point of information, the reference to a 50-point gap between black Americans and Asian Americans should be to the human development index, not life expectancy, which makes a great deal more sense.   (To put that in perspective, if the authors are using HDI in the standard way -- which they seem to be -- a 50 point difference is like the difference between living in Norway and living in Ghana.)  The actual gap between the life expectancy of poor black Americans and Asian Americans is closer to 15 years. 

Toward a Catholic Legal Theory of Time?

Rick's question about the possibility of Burkean Christians raises larger questions about our understanding of time.  If we are progressively building the Kingdom in history, does that give us a more meaningful understanding of history than those who are simply "marking time?"  Legal historian Mary Dudziak suggests that time remains woefully undertheorized, but that our presumptions about time have an impact on the law:

In the scholarship on law and war, time is seen as episodic. It is sometimes seen as linear and progressive, but the most common feature is that time is episodic. There are two different kinds of time: wartime and peacetime. Historical progression consists of moving from one kind of time to another. Law is thought to vary depending on what time it is. The relationship between citizen and state, the scope of rights, the extent of government power are thought to depend on whether it is wartime or peacetime.

A central metaphor is the swinging pendulum – swinging from strong protection of rights and weaker government power to weaker protection of rights and stronger government power. Moving from one time zone to the next is thought to cause the pendulum to begin swinging in a new direction.

Maybe the episodic, pendulum-swinging view of history is more consistent with the (Protestant?) emphasis on our fallen condition ("the more things change, the more they stay the same . . .") than with the (Catholic?) confidence that we are actually building something?

Thursday, July 17, 2008

Commonweal Review of Religion/Politics Books

I review books by E.J. Dionne, Mark Toulouse, and Garry Wills in the new Commonweal issue (I'm not sure if the link accesses the full article unless you have an online or print subscription).

Quotations on "The Human Condition"

Thinking about Christianity and law starts with, among other things, a moral anthropology, an account of human nature and the human condition.  Here are a few thought-provoking quotes.  An example, from theologian Helmut Thielicke:

The power of temptation is not in its appeal to our baser instincts; if that were the case, it would be natural to be repulsed by it. The power of temptation is in its appeal to our idealism.

The monthly "Reflections" section of Christianity Today, which provides such quotes, is always a good reason for looking at the magazine.

How the Law on Funding and Religious Hiring Has Really Developed (Response to Martha Minow)

Among the misconceptions used to challenge religion-based hiring in private programs receiving government funds is the idea that such hiring was prohibited until President Bush came along.  For example, when Barack Obama proposed his faith-based initiative earlier this month, Martha Minow was quoted in the Times as saying that

Mr. Obama would move to “return the law to what it was before the current administration,” in other words barring the consideration of religion in hiring decisions for such programs that receive federal financing.

“I don’t think there’s anything too controversial about that,” Ms. Minow said.  “Any religious organization that does not want to comply with that requirement simply doesn’t have to take the money.”

Leave aside the question whether it's right, or constitutional, just to say "don't take the money."  Prof. Minow's statement is misleading about the law before the Bush administration.  Religious organizations receiving funding have had far more freedom, all along, to consider religion in hiring than she suggests.

Continue reading

More on the Pope, the environment, and human dignity

Following up on Michael's recent link to the Times article on the Pope's recent remarks on protecting the environment, here's a bit from the Pope's remarks at World Youth Day (HT:  Robert Imbelli at Commonweal):

My dear friends, God’s creation is one and it is good. The concerns for non-violence, sustainable development, justice and peace, and care for our environment are of vital importance for humanity. They cannot, however, be understood apart from a profound reflection upon the innate dignity of every human life from conception to natural death: a dignity conferred by God himself and thus inviolable. Our world has grown weary of greed, exploitation and division, of the tedium of false idols and piecemeal responses, and the pain of false promises. Our hearts and minds are yearning for a vision of life where love endures, where gifts are shared, where unity is built, where freedom finds meaning in truth, and where identity is found in respectful communion. This is the work of the Holy Spirit! This is the hope held out by the Gospel of Jesus Christ. It is to bear witness to this reality that you were created anew at Baptism and strengthened through the gifts of the Spirit at Confirmation. Let this be the message that you bring from Sydney to the world!  (italics added)

Benedict XVI on environmental degradation

New York Times

July 18, 2008

Pope Warns on Environment

By TIM JOHNSTON  

SYDNEY, Australia —  Pope Benedict XVI used his first major address at the Roman Catholic Church’s youth festival on Thursday to warn that the world was being scarred and its natural resources used up by humanity’s “insatiable consumption.”

In a broad criticism of consumer culture, before a crowd of more than 140,000 on a dock in Sydney harbor, Benedict reinforced the Vatican’s growing concern with protecting the environment, a theme he has addressed before.

“Perhaps reluctantly we come to acknowledge that there are also scars which mark the surface of our earth: erosion, deforestation, the squandering of the world’s mineral and ocean resources in order to fuel an insatiable consumption," he said.

[Click here to read the rest.]

Not to worry: "I will never leave you nor forsake you"

Sightings 7/17/08

Left Behind or Left in Cyberspace?

-- Noreen Herzfeld

As a teenager, when a friend first told me about the rapture, in which Christians will be miraculously transported to heaven while sinners remain on earth to suffer a variety of tribulations, I was quite sure that, sinner that I was, I was destined to be the one member of my family and friends who would surely be "left behind." My psychology teacher later assured me that considering oneself the "chief of sinners," as the apostle Paul did, was a normal response, since we each know our own peccadilloes far more intimately than we know those of others. Apparently, however, not everyone shares this proclivity. For forty dollars a year, those who are relatively assured of their own salvation can now leave a final e-mail to less fortunate loved ones who might be left behind during the rapture. A new web site, Youvebeenleftbehind.com, allows users to compose a final message that will be sent to up to sixty-two recipients, six days after the rapture occurs. These messages might be used to pass on information, such as bank account numbers and passwords, but the site stresses the opportunity to leave a letter begging those who remain to accept Christ, a last chance with one's loved ones to "snatch them from the flames."

This raises a host of questions, both practical and religious. Is it safe to store sensitive financial information on such a website (answer: no)? Would the web still function after the rapture? Why not play it safe, save the forty dollars, and simply leave a stack of letters on your desk? Youvebeenleftbehind.com is one of the latest attempts to market religion in cyberspace. Sites abound hawking a variety of religious books and wares. Beyond the crassly commercial, there are web sites for a wide variety of religious faiths and denominations where one can access religious texts, share experiences and prayer requests, initiate new spiritual friendships, or engage in ecumenical dialogue. As a resource for finding a quick answer to a religious question, the Internet is unbeatable. Web cams let one make a virtual pilgrimage to Mecca, the Wailing Wall, or Chartres Cathedral. Avatars in Second Life build virtual churches and synagogues and participate in religious rituals with one another. Each of these draws on the strength of the Internet as a medium that overcomes distance or physical limitations. The computer enlarges the neighborhood, giving opportunities to connect with or learn from a wide variety of people and traditions.

However, what computer technology gives to religion in terms of speed and broader access, it takes away through lack of physical presence. The sacramentality of the Christian faith, for one, calls us to move away from our keyboards and into the real world. In this world we cannot dismiss those with whom we disagree with the click of a mouse. We are asked to taste and feel and smell the world around us in its elemental richness. We learn what is, not what we wish were. Cyberspace is, in the end, an ambiguous place. We do not know if people in chat rooms are who they say they are. We do not know if an e-mail will really get forwarded on. As philosopher Albert Borgmann points out, "ambiguity is resolved through engagement with an existing reality, with the wilderness we are disagreed about, the urban life we are unsure of, or the people we do not understand." Computer applications may seem like a simpler alternative, but they are rarely as satisfying as the real thing.

So I think I'll save the forty dollars. A sealed envelope in my desk and power of attorney documents will cover my much more likely demise from natural causes. And as for worrying about myself or others being "left behind," Jesus' promise that "I will never leave you nor forsake you" is far more reassuring than any web site.

[Noreen Herzfeld is professor of Theology and Computer Science at St. John's University, Collegeville MN.]

Sightings comes from the Martin Marty Center at the University of Chicago Divinity School.

Can Catholics be "conservatives"?

At the Vox Nova blog, Jonathan has this interesting, very Burkean, post, "What is Conservativism?"  In response (in the comments box) "Morning's Minion" insists, citing Pope Benedict XVI, that Christians "cannot be true conservatives in the Burkean sense" because they live in history, and have a duty to build the Kingdom of God.  And the conversation continues.  Check it out.

The discussion is, I think, relevant to our "Catholic Legal Theory" project, if only because the legal enterprise and legal mindset is so often seen as -- and, in many ways, is -- "conservative".  So, what should this adjective mean for us -- how should we understand it -- who aspire to "do law" as Catholics?

Obama and the teacher-unions

Michael Perry is right:  Because the teacher-unions -- which is not, of course, to say "teachers" -- are misguided on so many questions, it is possible to disagree with them -- even to "stand up" to them -- without endorsing school-choice.  (That said, it is not possible, in my view, plausibly to present oneself as being committed to fairness and opportunity for low-income children if one categorically opposes even modest, pilot school-choice experiments.)  So, keeping in mind that the unions are likely less opposed to merit pay than to voucher experiments, it might well count as "stand[ing] up" to the teacher-unions to suggest, as Sen. Obama (correctly) did, that "districts could give teachers a salary increase, including if they serve as mentors; if they learn new skills, and if they 'consistently excel in the classroom.'"  (That this suggestion is controversial in some quarters tells us something about the priorities of those quarters, but that is another matter.)