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, September 17, 2004

Agree? Disagree?

[From today's Wall Street Journal.]

Pro-choice candidates and church teaching.

BY ARCHBISHOP JOHN J. MYERS
Friday, September 17, 2004 12:01 a.m. EDT

Amid today's political jostling, Catholic citizens are wondering whether they can, in conscience, vote for candidates who support the legalized killing of human beings in the embryonic and fetal stages of development by abortion or in biomedical research.

Responding to requests to clarify the obligations of Catholics on this matter, the Congregation for the Doctrine of the Faith in Rome, under its prefect, Joseph Cardinal Ratzinger, released a statement called "On Worthiness to Receive Holy Communion." Although it dealt primarily with the obligations of bishops to deny communion to Catholic politicians in certain circumstances, it included a short note at the end addressing whether Catholics could, in good conscience, vote for candidates who supported the taking of nascent human life in the womb or lab.

Cardinal Ratzinger stated that a "Catholic would be guilty of formal cooperation in evil, and so unworthy to present himself for Holy Communion, if he were to deliberately vote for a candidate precisely because of a candidate's permissive stand on abortion." But the question of the moment is whether a Catholic may vote for a pro-abortion candidate for other reasons. The cardinal's next sentence answered that question: A Catholic may vote for a pro-abortion Catholic politician only "in the presence of proportionate reasons."

What are "proportionate reasons"? To consider that question, we must first repeat the teaching of the church: The direct killing of innocent human beings at any stage of development, including the embryonic and fetal, is homicidal, gravely sinful and always profoundly wrong. Then we must consider the scope of the evil of abortion today in our country. America suffers 1.3 million abortions each year--a tragedy of epic proportions. Moreover, many supporters of abortion propose making the situation even worse by creating a publicly funded industry in which tens of thousands of human lives are produced each year for the purpose of being "sacrificed" in biomedical research.
Thus for a Catholic citizen to vote for a candidate who supports abortion and embryo-destructive research, one of the following circumstances would have to obtain: either (a) both candidates would have to be in favor of embryo killing on roughly an equal scale or (b) the candidate with the superior position on abortion and embryo-destructive research would have to be a supporter of objective evils of a gravity and magnitude beyond that of 1.3 million yearly abortions plus the killing that would take place if public funds were made available for embryo-destructive research.

Frankly, it is hard to imagine circumstance (b) in a society such as ours. No candidate advocating the removal of legal protection against killing for any vulnerable group of innocent people other than unborn children would have a chance of winning a major office in our country. Even those who support the death penalty for first-degree murderers are not advocating policies that result in more than a million killings annually.

As Mother Teresa reminded us on all of her visits to the U.S., abortion tears at our national soul. It is a betrayal of our nation's founding principle that recognizes all human beings as "created equal" and "endowed with unalienable rights." What evil could be so grave and widespread as to constitute a "proportionate reason" to support candidates who would preserve and protect the abortion license and even extend it to publicly funded embryo-killing in our nation's labs?

Certainly policies on welfare, national security, the war in Iraq, Social Security or taxes, taken singly or in any combination, do not provide a proportionate reason to vote for a pro-abortion candidate.

Consider, for example, the war in Iraq. Although Pope John Paul II pleaded for an alternative to the use of military force to meet the threat posed by Saddam Hussein, he did not bind the conscience of Catholics to agree with his judgment on the matter, nor did he say that it would be morally wrong for Catholic soldiers to participate in the war. In line with the teaching of the catechism on "just war," he recognized that a final judgment of prudence as to the necessity of military force rests with statesmen, not with ecclesiastical leaders. Catholics may, in good conscience, support the use of force in Iraq or oppose it.

Abortion and embryo-destructive research are different. They are intrinsic and grave evils; no Catholic may legitimately support them. In the context of contemporary American social life, abortion and embryo-destructive research are disproportionate evils. They are the gravest human rights abuses of our domestic politics and what slavery was to the time of Lincoln. Catholics are called by the Gospel of Life to protect the victims of these human rights abuses. They may not legitimately abandon the victims by supporting those who would further their victimization.

Archbishop Myers heads the archdiocese of Newark.

Tuesday, September 14, 2004

On Legislating "Morality": "Christian" Europe v. "Muslim" Turkey

[An item of interest from tomorrow's New York Times.]

Adultery a Crime? The Turks Think Again and Say No
By SUSAN SACHS

Published: September 15, 2004

VAN, Turkey, Sept. 14- After suffering a wave of criticism from European Union officials, women's groups, newspaper columnists and finally from its own members, Turkey's governing party abandoned a proposal on Tuesday to criminalize adultery.

Even so, the party, which has sought for two years to reassure Turks and foreigners that it had no Islamic fundamentalist agenda, may have lost important political good will at home and abroad.

"Especially now, when Turkey is doing so much for E.U. membership, the fact that they're trying to bring in this law raises questions about them," said Gulseren Demir, a caseworker at the Women's Association in Van, in southeastern Turkey.

"To tell you the truth," a co-worker, Alev Sahar added, "we never trusted them."

The proposed adultery law had been debated in the news media during the past month, while Parliament was in summer recess, and Prime Minister Recep Tayyip Erdogan had repeatedly said he endorsed it as a way to preserve the family.

His Justice and Development Party had been expected to introduce it on Tuesday when the deputies reconvened to vote on a voluminous new penal code. But by the end of the day, with protesters in the streets and some European officials darkly warning that it smacked of fundamentalism, the proposed law had not made an appearance. No one even stepped forward even to claim ownership.

Party officials said the proposal, once fiercely defended by some deputies, had won few supporters during a closed party meeting the night before.

"There is general agreement that we will not propose that kind of thing right now," said Reha Denemec, a deputy chairman of the party. "We've got something like 340 different articles to get passed - we did 60 or so in four hours - and it's very important to do these things right now."

During its brief and contentious public life, however, the adultery proposal shone an unwanted spotlight on the backgrounds of the party leaders. Most are veterans of Welfare, a more militantly Islamist party that briefly ruled in a coalition government in the mid-1990's. The army removed it from power in 1997.

Mr. Erdogan was a senior Welfare member and a former mayor of Istanbul who spent time in jail in 1999 for reciting a poem in public that talked of mosque minarets as bayonets. His action has not been forgotten by the powerful military establishment, which sees itself as the guardian of Turkey's secular system.

But since sweeping into power nearly two years ago after his party won nearly two-thirds of the seats in the Parliament, the prime minister and his party aides have generally sidestepped issues that might make the military and the nationalists bristle.

Instead, he has shuttled continuously between Turkey and European Union countries, vigorously promoting Turkey's bid to begin accession talks leading to membership. He has also presided over wholesale changes in the Constitution, a rewrite of the administration law, revisions of the civil code and, now, some hundreds of proposed amendments to the penal code - all to bring the country's laws in conformity with European Union standards.

The European Commission in Brussels is expected to decide whether to recommend a date for accession talks at its meeting on Oct. 6. European Union leaders are expected to vote on the matter at their summit meeting in mid-December.

A number of those leaders have already expressed doubts about whether Turkey, a majority Muslim country, belongs in Europe. In the face of those misgivings, the sudden appearance of the adultery proposal last month brought a sharp warning from Günter Verheugen, the European Union's enlargement commissioner.

During a visit to Turkey last week, he said, he bluntly asked Mr. Erdogan why the adultery issue was being raised now, and he warned the Turkish leader that it would undermine its campaign for acceptance in Europe.

Suspicion about the intentions of the party, which is known by its Turkish abbreviation, A.K.P., has never really evaporated, despite its general popularity as a can-do government and its near-total dominance of Turkish politics since its success in municipal elections around the country six months ago.

Even the party's supporters appeared puzzled at the attempt to legislate morality - adultery is forbidden in Islam, as it is in most religions - at a time when Turkey has been trying to prove its European credentials.

"It's true that people's suspicions about the A.K.P. were awakened," said Selahaddin Direck, a contractor and businessman in Van who has been an enthusiastic supporter of the party and Mr. Erdogan.

Even though the region is conservative and might have favored outlawing adultery, he added, there was no particular demand.

"Maybe another time, or on another platform or in another presentation, the issue can be put on the agenda again," Mr. Direck said. "But at the moment, E.U. membership is more important than such debates. So it was very unfortunate. I don't think there could have been a worse time to introduce such a debate."

Criminalizing adultery could bring more harm to women in a country where honor killings, the murder of women who are suspected of dishonoring their families through their sexual conduct, are still not uncommon, according to the Women's Association.

"There is already lots of violence against women," Ms. Demir said. "This law would endow the man with even more authority and power, and could increase the number of crimes against women."

A previous adultery law in the criminal code punished a man if it was proved that he had set up housekeeping with a woman or installed her in a house. But it punished a woman simply for having sexual relations with a man other than her husband. Turkey's highest court ruled that law unconstitutional eight years ago, saying it discriminated against women.

Wednesday, September 8, 2004

More on Beslan's Children

[I thought that this piece, from today's New York Times, would be of interest.]

September 8, 2004
School Siege in Russia Sparks Self-Criticism in Arab World
By JOHN KIFNER

BEIRUT, Sept 8 — The brutal school siege in Russia, with hundreds of children dead and wounded, has sparked an unusual round of self-criticism and introspection in the Muslim and Arab world.

"It is a certain fact that not all Muslims are terrorists, but it is equally certain, and exceptionally painful, that almost all terrorists are Muslims," Abdel Rahman al-Rashed, the general manager of the widely watched Al-Arabiya satellite television station wrote in one of the most striking of these commentaries.

Writing in the pan-Arab newspaper Al-Sharq al-Awsat, Mr. Rashed said it was "shameful and degrading" that not only were the Beslan hijackers Muslims, but also the murderers of Nepalese workers in Iraq, the attackers of residential towers in Riyadh and Khobar, Saudi Arabia, the women believed to have blown up two Russian airplanes last week and Osama bin Laden himself.

"The majority of those who manned the suicide bombings against buses, vehicles, schools, houses and buildings, all over the world, were Muslim," he wrote. "What a pathetic record. What an abominable `achievement.' Does this tell us anything about ourselves, our societies and our culture?"

Mr. Rashed, like several other commentators, singled out Sheikh Yusuf al-Qaradawi, a senior Egyptian cleric living in Qatar who broadcasts an influential program on Al Jazeera television and who has issued a fatwa, or religious ruling, calling for the killing of American and foreign "occupiers" in Iraq, military and civilian.

"Let us contemplate the incident of this religious Sheikh allowing, nay even calling for, the murder of civilians," he wrote. "How can we believe him when he tells us that Islam is the religion of mercy and peace while he is turning it into a religion of blood and slaughter?"

Mr. Rashed recalled that in the past, leftists and nationalists in the Arab world were considered a "menace" for their adoption of violence, and the mosque was a "haven" of "peace and reconciliation" by contrast.

"Then came the Neo-Muslims," he said. "An innocent and benevolent religion, whose verses prohibit the felling of trees in the absence of urgent necessity, that calls murder the most heinous of crimes, that says explicitly that if you kill one person you have killed humanity as a whole, has been turned into a global message of hate and a universal war cry."

A columnist for the Kuwaiti newspaper Al-Siyassa, Faisal al-Qina'I, also took aim at Sheikh Qaradawi. "It is saddening," he wrote, "to read and hear from those who are supposed to be Muslim clerics, like Yusuf al-Qaradawi and others of his kind, that instead of defending true Islam they encourage these cruel actions and permit decapitation, hostage-taking and murder."

In Jordan, a group of Muslim religious figures, meeting with the religious affairs minister, Ahmed Heleil, issued a statement today saying the seizing of the school and subsequent massacre was dedicated to distorting the pure image of Islam.

"This terrorist act contradicts the principles of our true Muslim religion and its noble values," the statement said.

Writing in the Jordanian daily Al-Dustour, a columnist, Bater Wardam, noted a propensity in the Arab world to "place responsibility for the crimes of Arabic and Muslim terrorist organizations on the Mossad, the Zionists and the American intelligence, but we all know that this is not the case."

"They came from our midst," he wrote of those who had kidnapped and murdered civilians in Iraq, blown up commuter trains in Spain, turned airliners into bombs and shot the children in Ossetia.

"They are Arabs and Muslims who pray, fast, grow beards, demand the wearing of veils and call for the defense of Islamic causes. Therefore we must all raise our voices, disown them and oppose all these crimes."

In Beirut, Rami G. Khouri wrote in the Daily Star that while most Arabs "identified strongly and willingly" with armed Palestinian or Lebanese guerrillas fighting Israeli occupation, "all of us today are dehumanized and brutalized by the images of Arabs kidnapping and beheading foreign hostages."

Calling for a global strategy to reduce terror, he traced what he called "this ugly trek" in the Arab world to "the home-grown sense of indignity, humiliation, denial and degradation that has increasingly plagued many of our young men and women."

A Palestinian columnist, Hassan al-Batal, wrote in the official Palestinian Authority newspaper Al-Ayyam that the "day of horror in the school" should be designated an international day for the condemnation of terrorism. "There are no mitigating circumstances for the inhuman horror and the height of barbarism" at the school, he wrote.

In Egypt, the semi-official newspaper Al-Ahram called the events "an ugly crime against humanity."

In Saudi Arabia, newspapers tightly controlled by the government — which finds itself under attack from Islamic fundamentalists — were even more scathing.

Under the headline "Butchers in the Name of Allah," a columnist in the government daily Okaz, Khaled Hamed al-Suleiman, wrote that "the propagandists of Jihad succeeded in the span of a few years in distorting the image of Islam.

"They turned today's Islam into something having to do with decapitations, the slashing of throats, abducting innocent civilians and exploding people. They have fixed the image of Muslims in the eyes of the world as barbarians and savages who are not good for anything except slaughtering people," he wrote, adding:

"The time has come for Muslims to be the first to come out against those interested in abducting Islam in the same way they abducted innocent children. This is the true Jihad these days and this is our obligation, as believing Muslims, towards our monotheistic religion."

Saturday, August 28, 2004

Response to Rick

In a posting yesterday, Rick wrote:

"I wonder if Michael would mind providing, for MOJ readers and bloggers, a bit more about how it is that a liberal state may speak about its own legitimacy and fundamental norms in religious terms (something that Michael's book on Human Rights discussed in detail), and may even authorize mild 'establishments' of religion, without setting up what Wilmot fears, namely, a 'religious test on membership in the political community.'"

I've tried to do just what Rick has asked me to do, in an essay I recently contributed to a symposium honoring Judge John T. Noonan's work. The essay has now been published, but I've provided a link below to my pre-publication copy of the essay, which is available from SSRN. The citation: Michael J. Perry, What Do the Free Exercise and Nonestablishment Norms Forbid? Reflections on the Constitutional Law of Religious Freedom, 1 University of St. Thomas Law Journal 459 (2003).

Here's the link to my pre-publication copy:

http://papers.ssrn.com/abstract=537543

Michael P.

Thursday, August 26, 2004

A Recommended Reading

I think that many readers of this blog will be interested in the following essay--which, in my view, is excellent:

Stephen J. Pope, The Magisterium's Arguments Against "Same-Sex Marriage": An Ethical Analysis and Critique, Theological Studies, vol. 65, no. 3, September 2004, pp. 530-565.

Theological Studies, as many of you know, is published by Theological Studies, Inc., for the Society of Jesus in the United States. Stephen Pope is associate professor of theology at Boston College.

Michael

Tuesday, August 24, 2004

Thought you might be interested ...

... in this review of my book Under God?--and in my response thereto. Both are forthcoming in the periodical Conversations in Religion and Theology, published by Blackwell.

Book Review

Michael


Tuesday, August 17, 2004

Miscellanea from COMMONWEAL

This week's COMMONWEAL, which many of you no doubt read, is particularly rich, I think. There are two excellent "Open Letters"--one to John Kerry, the other to the U.S. Catholic bishops. There are also two articles well worth our attention--one by MOJ's own Rick Garnett, on "the Supreme Court on religious freedom"; the other by Charles Morris, "Economic Injustice for Most: From the New Deal to the Raw Deal". Each is these four items is included in the attached PDF document:

Commonweal.pdf

Michael

Monday, August 16, 2004

The Missionary Position

[I thought that the following item, by Martin Marty, would interest readers of this blog.]


Sightings 8/16/04

The Missionary Position
-- Martin E. Marty

"Strange bedfellows: Paul Wolfowitz and Hillary Clinton, Donald Rumsfeld
and Michael Ignatieff, Thomas Friedman and William Safire" applauded the
last State of the Union Address (2002) with its claim (paraphrased
accurately here by anthropologist Richard A. Schweder) "that there are
non-negotiable demands for the design of any decent society;"
non-negotiable "because they are grounded in matters of fact concerning
universal moral truths" and that they can be defined "in ways that are
(a) substantial enough to allow the United States to lead the world ...
in the direction of reform, and also (b) objective enough to avoid the
hazards of cultural parochialism and ethnocentrism -- for, as [the
President stated] We have no intention of imposing our culture."

Schweder, a former colleague and lively skeptical questioner, calls this
triad "the missionary position." Advice: haste ye to the library and
read his "George W. Bush and the Missionary Position" in Daedalus
(Summer, 2004), as it would make an excellent charter for discussion in
church, state, school, town hall, or Great Books Club. I'm serious.
Reaction to the State of the Union's claims suggest a notable divide,
"not between Left and Right, liberal and conservative, Democrat and
Republican" but "between those who embrace universalizing missionary
efforts of either a religious (Christian, Islamic) or secular (human
rights, international liberationist) sort -- and those who react to such
missions with diffidence, doubt, distrust, indignation, and even fear."

Schweder, of course, is in the second group. For what it's worth, with
Isaiah Berlin, I would be ready to say that there are absolutes, but
that no one can be sufficiently sure of one's own grasp of any to impose
them on societies. Schweder's analysis is so tightly packed that I
cannot reproduce it here; he is not interested in promoting mere
relativism. But he does show that past attempts -- I'd say every past
attempt -- to live out, always by force (for states need force of arms
or capital or clout), this "missionary position" has been shown in later
times or by others to have been parochial, provincial, and
culture-bound. Exhibit A: when the British took the missionary position
in the 19th century, accepting "the white man's burden" to impose its
civilization on a savage world. Schweder illustrates by referencing the
different ways freedom of speech, freedom of religion, family privacy,
and respect for women have been lived with, often creatively, beyond the
scope of any missionary position and imposition.

My question, using his four illustrations: we "Bible believers" would be
hard pressed, would we not, to find Old or New Testament or Christendom
era (313-1776?) discoveries, claims, or supports for what the President
called defenses of liberty and justice "because they are right and true
and unchanging for all people everywhere." All people? Ancient Israel?
Early, medieval, or most "Reformation" Christianity? We had to borrow
from the Enlightenment (1776, 1789) to find the right and true things
that we have come to support.

One Christian "right and true and unchanging" virtue professed in the
biblical tradition is humility. Even with Bob Dylan's phrase, "with God
on our side," the "missionary position" always lacks that central motif.

Reference: Daedalus:
Journal of the American Academy of Arts and Sciences, Volume 153, No. 2,
pp. 26-36. Schweder's essay is one of eight on "Progress."

----------

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

Saturday, August 14, 2004

An Addendum to Rob's "Summer Book Report"

The Church and JPII have an ally in Noam Chomsky, who wrote the following in his book For Reasons of State (1973) at page 404:

"A vision of future social order is . . . based on a concept of human nature. If in fact man is an infinitely malleable, completely plastic being, with no innate structures of mind and no intrinsic needs of a cultural or social character, then he is a fit subject for 'shaping behavior' by the state authority, the corporate manager, the technocrat, or the central committee. Those with some confidence in the human species . . . will try to determine the intrinsic human characteristics that provide the framework for intellectual development, the growth of moral consciousness, cultural achievement, and participation in a free community."

Michael

Tuesday, August 10, 2004

Cum Hoc Ergo Propter Hoc

[A reader of this blog, who is also an alum of Notre Dame--Eric Kniffin--kindly answered the question I included in my most recent post. Here's the answer, from an online encyclopedia:]

Correlation implies causation, also known as cum hoc ergo propter hoc, is a logical fallacy by which two events that occur together are claimed to be cause and effect.

For example:

Teenage boys eat lots of chocolate.
Teenage boys have acne.
Therefore, chocolate causes acne.

This argument, and any of this pattern, is an example of a false categorical syllogism. One observation about it is that the fallacy ignores the possibility that the correlation is coincidence. But we can always pick an example where the correlation is as robust as we please. If chocolate-eating and acne were strongly correlated across cultures, and remained strongly correlated for decades or centuries, it probably is not a coincidence. In that case, the fallacy ignores the possibility that there is a common cause of eating chocolate and having acne.

For example:

Ice-cream sales are strongly (and robustly) correlated with crime rates.
Therefore, ice-cream causes crime.

The above argument commits the cum hoc ergo propter hoc fallacy, because in fact the explanation is that high temperatures increase crime rates (presumably by making people irritable) as well as ice-cream sales.

Another observation is that the direction of the causation is wrong and should be the other way around.

For example:

Gun ownership is correlated with crime.
Therefore, gun ownership leads to crime.

The facts could easily be the other way round: increase in crime could lead to more gun ownership with concerned citizens. See: wrong direction.

Another example illustrating this fallacy was a study which found that British arts funding levels had an extremely close correlation with Antarctic penguin populations.

The statement "correlation does not imply causation" notes that it is dangerous to deduce causation from a statistical correlation. If you only have A and B, a correlation between them does not let you infer A causes B, or vice versa, much less 'deduce' the connection. In fact, if you only have these two occurrences, even the most powerful inference techniques built on Bayesian Networks can't help much. But if there was a common cause, and you had that data as well, then often you can establish what the correct structure is. Likewise (and perhaps more usefully) if you have a common effect of two independent causes.

But while often ignored, the advice is often overstated, as if to say there is no way to infer causal structure from statistical data. Clearly we should not conclude that ice-cream causes criminal tendencies (or that criminals prefer ice-cream to other refreshments!), but the previous story shows that we expect the correlation to point us towards the real causal structure. Robust correlations often imply some sort of causal story, whether common cause or something more complicated. Hans Reichenbach suggested the Principle of the Common Cause, which asserts basically that robust correlations have causal explanations, and if there is no causal path from A to B (or vice versa), then there must be a common cause, though possibly a remote one.

Reichenbach's principle is closely tied to the Causal Markov Condition used in Bayesian networks. The theory underlying Bayesian networks sets out conditions under which you can infer causal structure, when you have not only correlations, but also partial correlations. In that case, certain nice things happen. For example, once you consider the temperature, the correlation between ice-cream sales and crime rates vanishes, which is consistent with a common-cause (but not diagnostic of that alone).

In statistics literature this issue is often discussed under the headings of spurious correlation and Simpson's paradox.

David Hume argued that any form of causality cannot be perceived (and therefore cannot be known or proven), and instead we can only perceive correlation. However, we can use the Scientific method to rule out false causes.

An entertaining demonstration of this fallacy once appeared in an episiode of The Simpsons (Season 7, "Much Apu about Nothing"):

Homer: Not a bear in sight. The "Bear Patrol" must be working like a charm!
Lisa: That's specious reasoning, Dad.
Homer: Thank you, dear.
Lisa: By your logic I could claim that this rock keeps tigers away.
Homer: Oh, how does it work?
Lisa: It doesn't work.
Homer: Uh-huh.
Lisa: It's just a stupid rock. But I don't see any tigers around, do you?
Homer: Lisa, I want to buy your rock.