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, February 9, 2009

WALL STREET

Sightings  2/9/09

 

Wall Street

-- Martin E. Marty

 

This week's collage of Wall Street Journal headlines, none of them explicitly but all of them implicitly evoking "public religion" themes, is broken up by passages from the King James Version of the Bible, and from me – my attempts to see if we can find perspective.  For beginnings:  Since some of the public some of the time trusted the princes of finance (and government, the church, the academy, et cetera), recall the bracing word of Psalm 146:3: "Put not your trust in princes, nor in the son of man, in whom there is no help."  What follows are some effects of helpless princedoms, chronicled.

 
These headlines appeared in theWednesday, February 4th Wall Street Journal: ¨Detroit Reels as Auto Sales Skid."  "California Credit Rating Lowest in U.S."  "Disney Net Sinks As All Units Lose Steam."  "Heat Rises on Dow Chemical…$1.55 Billion Loss."  "Motorola Chiefs under Pressure to Stem Losses."  "After Uproar, Wells Fargo Calls Off Trip to Las Vegas."  "CME Took Hedge-Fund Hit."  "The Battle Over Lehman Brothers' Real-Estate Carcass."  "Condo Boom Goes Bust for Corus Bankshares."  "Early Filers Pile on Errors."

 

Now for comment:  Most of these devastations occurred because the princes were confident about the future, made bad investments, gave worse advice.  Micah 5:12 warns, "...and thou shalt have no more soothsayers."  Or: "Go to now, ye that say, Today or tomorrow we will…buy and sell, and get gain: Whereas ye know not what shall be on the morrow…But now ye rejoice in your boastings: all such rejoicing is evil."

 

From the Thursday, February 5th Wall Street Journal:  "More Call for Probe on Financial Crisis."  "Kodak Fails to Calm Skeptical Investors."  "Auto-Parts Makers Seek Bailout."  "Kraft, Sara Lee Reduce Forecasts as Consumers Trade Down."  "Roche Offers Dim Outlook as Profit Drops 8 Percent."  "Cisco CEO Presages Gloom for Retailers."  "Allergen Net Drops 6.1 Percent; Job Cut…"  "Station Casinos Mulls a Bankruptcy Filing."  "Forget Golf: [Wall] Street Junkets Get Junked."  "Securities-Lending Business Made Risky Bets. They Backfired on Insurer."  "Mortgage Banks Push for Federal Support." "Prudential Says It Lost $1.57 Billion."  "Lazard's Net Falls 36 Percent."  "AIGs Risky Wagers Helped Cripple Firm."  "Costco's Profit Warning Creates A Warehouse of Worry for Investors."

 

From Psalm 2:4:  "God  that sitteth in the heavens shall laugh: the Lord shall have them in derision."

 
From the Friday, February 6th Wall Street Journal:  "Madoff Clients Exposed."  "Deutsche Bank Fallen Trader Left Behind $1.8 Billon Hole."  "Connect, Fabulous…and Broke."  "Retailers Stop Making Sales Forecasts."  "Estée Lauder Profit Declines 30 Percent."  "Glaxo Net Fall 7.1 Percent ; Job Cuts Planned."  "McClatchy Posts Loss."  "At UBS, Questions Over Bonuses."  "Watchdog Says U.S. Overpaid For Troubled Assets of Banks."  "Traders Wonder How Low These Banks Can Go."  "Buyers: Beware False Profits."

 

And a postscript:  Reinhold Niebuhr, in The Irony of American History,  comments about Psalm 2:4's "sting of judgment upon our vanities," that "if the [divine] laughter is truly ironic it must symbolize mercy as well as judgment.  For whenever judgment defines the limits of human striving it creates the possibility of an humble acceptance of those limits.  Within that humility mercy and peace find a lodging place."
 
[Sightings comes from the Martin Marty Center at the University of Chicago Divinity School.]

Monday, January 26, 2009

Inaugural Jesus

Sightings, 1/26/09

-- Martin E. Marty

 

The apostle Paul claimed that Jesus, in the form of "Christ crucified," was "a stumbling block [skandalon=scandal=offence] to Jews and foolishness to Gentiles."  (I Corinthians 1:23) Jews+Gentiles=pretty much everybody.  You may ask, "What is Jesus doing in Sightings," given this column's assignment to deal with religion in public life?  Try this:  Saturday my internet search engine turned up 484,000 references to "Jesus" or "Christ" linked with "inauguration," and yours will find even more by today.  That's "public."

           

So Jesus is my topic, as we leave the inaugural events behind but still have controversies ahead.  Many citizens are at ease with prayers in pluralistic America when they are generic, civil, God-ly.  Invoke Jesus, however, and not a few are scandalized by the reference, while others are scandalized by the scandalized.  I propose a thesis; correct me if I have it wrong, lest I keep spreading wrongness.  Thesis: Jesus is not the scandal.  The use of Jesus in public at "we the people of the United States" occasions is usually the offence.  Jesus gets from one- to four-star ratings in the following publics:

           

First the company of non-believers, secular humanists, atheists, deists, et cetera, who often admire teachings of Jesus.  Their American patriarch Thomas Jefferson even published his annotated anthology of The Life and Morals of Jesus of Nazareth.

           

Jews have suffered at the hands of millions of followers of Jesus, but some very fine books on Jesus as rabbi get published – by rabbis – without scandalizing.  My wife and I attend the "Music of the Baroque" series with many Jews in the audience and some in the chorus and orchestra, as they perform music with Jesus-words, some of them not kind toward Jews.  "No problem."  Yet many are uneasy with the invocation of Jesus in general-public and often official events.

           

Muslims revere Jesus the prophet.  Of course, with the other groups just mentioned, they do not accept his divinity, but he is in the Qur'an, and they are respectful, except, again, in certain public settings.  Jesus is not in Hindu scriptures, but most Hindus say "no problem" about many of his teachings and about him – in context.

           

No matter what is said in public, what do the inhabitants of the previous three paragraphs hear?  First, they hear:  "We belong, and you don't."  They hear assertions of majority privilege in the religious realm, where such privilege often has taken form in power against others.  Second, they hear:  "We have things figured out, and you don't," and find such claims insulting, since issues of truth based in scriptural revelations cannot be settled in civil discourse and civic debate.

           

Christians are taught to pray in the name of Jesus, and I join the two billion Christians around the world in doing so.  It is theologically correct, liturgically appropriate, and personally, as in matters of piety, clarifying and warm.  But such beliefs and practices do not license privilege, assertions of power, or exclusivity in public settings.  Because of our confusion on this, we Americans spend more energy debating inaugural and other prayers than praying them, to the point that their point is obscured.

           

We should devise some signal by which those who pray particular prayers (as I believe all are) let everyone know that while praying in their own integral style and form, they are aware and will at least implicitly assure their audiences that they are not speaking for everyone.  They can then encourage others to translate what is being said into contexts they find congenial, and still share a communal experience.

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

Thursday, January 15, 2009

Abortion Views by Religious Affiliation

Jan. 15, 2009

Thursday, Jan. 22 marks the 36th anniversary of the U.S. Supreme Court's landmark abortion ruling, Roe v. Wade (1973). Abortion remains a divisive issue in the U.S., with a slim majority (53%) in favor of keeping it legal in all or most cases and four-in-10 in favor of making it illegal in all or most cases. However, the U.S. Religious Landscape Survey, conducted in 2007 by the Pew Research Center's Forum on Religion & Public Life, finds that most religious traditions in the U.S. come down firmly on one side or the other. Religious beliefs and practices also influence views on abortion; individuals exhibiting high levels of religious commitment are much more likely to oppose legalized abortion in all or most cases than those who are less-observant.

For an overview of the abortion debate in the U.S., public opinion trends, religious groups' official positions on the issue and more, go to the Pew Forum's abortion resource page »

abortion chart
Data on "Total U.S. Population" from October 2008 survey by the Pew Research Center for the People & the Press. All other data from the Pew Forum's U.S. Religious Landscape Survey. For question wording, see the survey topline.

1"Other Faiths" includes Unitarians and other liberal faiths, New Age groups and Native American religions.

Monday, January 12, 2009

Sightings  1/12/09

Sex and Seminaries
-- Martin E. Marty

Did you know that there is a Religious Institute on Sexual Morality, Justice and Healing?  Last Thursday, January 8, the Institute, together with Union Theological Seminary in New York, issued a fifty-two page report, which is a call for North American Theological Seminaries to offer more courses and programs to help prepare ministers, rabbis, priests, and other religious professionals to address issues of sexuality better than they now do.

Through the years I have met with leaders and constituents of the Association of Theological Schools; I have some awareness of how many pressures are on them to add teaching personnel, field-work opportunities, and courses to deal with every kind of ethical and cultural issue of the day: pop culture, science-and-theology, war and peace, dealing with technology, and many more.  All this at a time when the schools are under serious budgetary constraints.  Seasoned leaders are cautioned against curricular faddism and are conscientious about sustaining integrity in biblical, theological, historical, and practical basics.  So they tend to wince or groan when asked to do more and offer more for and with future ministers

But the Institute people do make a good case to be taken seriously in this report. Their two-year study finds that more than ninety percent of the thirty-six leading seminaries surveyed do not require full-semester, sexuality-based courses for graduation, and two-thirds do not offer a course in sexuality issues for religious professionals.  A generational issue is involved.  Mention, for example, the churches' controversy over same-sex marriage, and in most denominations seniors will observe that it's not much of an issue for the younger generations.  They've generally approved it and want to move on to issues they consider more urgent.  But for the next thirty years ministers will be dealing with church and synagogue issues where it is still the hottest-button kind of issue, and they need to understand the pros and cons.

As I picture it, the Institute's concern that more seminaries deal with lesbian, gay, bisexual, and transgender studies in a major way will not get a hearing in denominations where there are strictures against positive dealings with church and synagogue members in LGBT camps.  Yet it is hard to get around the observation that, overall, sexual issues -- be they biological, theological, or moral – are the most controversial subjects in religion today.  For a discussion group on the Trinity or Pelagianism (if you could get one together), you would rent a classroom.  For sex and gender debates, you would crowd the field house, because everyone knows that the subject will quicken passions, lead to walk-outs, and give the press much to disseminate.

In this half-century, like it or not, understandings of human sexuality combined with issues of authority – who decides about practices? – concern every body from Mennonites to Greek Orthodox.  Clerical abuse scandals have undercut trust relations in parishes and denominations. The press, understandably, "eats this up," knowing how little anyone knows about how to handle sexual themes and incidents and how hungry elements in the public are for stories about ethical lapses in matters sexual.  The Institute's report may not please everyone, but it is an important wake-up call.

For Further Information:

Visit the Institute's website, and request a copy of the report, at www.religiousinstitute.org.

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

Monday, December 22, 2008

A Consistent Ethic of Life

'Seamless garment' marks 25th anniversary
Fr. Richard McBrien

National Catholic Reporter
December 22, 2008

Sunday, December 14, 2008

Tom Berg, Too, Responds to Nelson Tebbe

Religious Choice and Exclusions of Religion

Thomas Berg
University of St. Thomas, St. Paul/Minneapolis, MN - School of Law


PENNumbra, 2008
U of St. Thomas Legal Studies Research Paper No. 08-32

Abstract:     
Among the most important recent questions under the Religion Clauses has been whether and when government programs that support private activities, such as education or social services, may exclude religious institutions or activities that include religious content. Nelson Tebbe's article, Excluding Religion, argues that government should have "considerable latitude" to make such exclusions, even though he concedes they will discourage citizens from choosing religious options. In this response, published in PENNumbra (the University of Pennsylvania Law Review's online companion), I argue that Tebbe's justifications for excluding religion fail if the protection of citizens' religious choices against government influence is a central purpose of the Religion Clauses. I then turn to the key question whether preserving religious choice is indeed central, and I argue that it is, based on precedent, on traditions and concepts associated with the Religion Clauses, and on the fact that they are counter-majoritarian while Tebbe's position gives majorities great discretion over religious matters

[To download the paper, click here.]

Friday, December 12, 2008

Dignitas Personae: A Christian Scientist Comments

<p>Scientist reacts to Vatican bioethics paper</p>
National Catholic Reporter
December 12, 2008

Scientist reacts to Vatican bioethics paper
By William B. Neaves

Thursday, December 11, 2008

Mike Huckabee and Jon Stewart on gay marriage

Here.  The interchange, which took place this week, begins at about 13:50.

Wednesday, December 10, 2008

An Important Anniversary

The Merton Institute for Contemplative Living
 
On this 40th anniversary of Thomas Merton's death,  we offer a reflection by Frederick Smock, Chair of  the English Department at Bellarmine University.
 
 
 
 The monk/poet's journey toward silence
 
By Frederick Smock
 
Special to The Courier-Journal
 
On the occasion of the 40th anniversary of Thomas Merton's death, I want to think about silence. Certainly, Merton took a vow of silence, and he was occasionally silenced by the Vatican. But I am not thinking of those forms of silence. Rather, I want to think about silence and the poet's art.
 
Much of a monk's life is spent in silence. Much of a poet's life is spent in silence, too -- a poet spends a fraction of his time actually writing poems. Merton was both a monk and a poet, and thus well-acquainted with silence. Like meditation, and like prayer, poetry is surrounded by silence. Poetry begins and ends in silence. Silence is also inherent within a poem, like the silences between notes in music. As the great Chinese poet Yang Wan-li said, a thousand years ago, "A poem is made of words, yes, but take away the words and the poem remains."
 
Still, when we think of silence, we do not necessarily think of Merton. He was a voluble man, and a prolific writer. He continues to publish, posthumously. He always seems to be speaking to us. Bookshelves groan under the accumulating weight of his oeurvre. However, late in his life, Merton lamented the fact that he had written so many editorials, and not more poems and prayers -- forms that partake of silence. "More and more I see the necessity of leaving my own ridiculous 'career' as a religious journalist," he wrote in his journal (Dec. 2, 1959). "Stop writing for publication -- except poems and creative meditations."
 
"What do I really want to do?" Merton asked himself, in his journal (June 21, 1959). "Long hours of quiet in the woods, reading a little, meditating a lot, walking up and down in the pine needles in bare feet." What a man commits to his journal is, at once, the most private and the most authentic version of his self. Books written for public consumption are not errant, just not as heartfelt. In his journal for the Feast of St. Thomas Aquinas (March 7, 1961), Merton wrote, "Determined to write less, to gradually vanish." He added, at the end of that entry, "The last thing I will give up writing will be this journal and notebooks and poems. No more books of piety."
 
Life is a journey toward silence, and not just the silence of death. Youth talks a lot -- is noisy. Old age is reticent. There is so much to consider, after all. Older men tend to hold their tongues. They know the wisdom of forbearance. To have seen many things is to reserve judgment. In this modern era, when news and politics are dominated by endlessly talking heads, silence becomes a precious commodity. The mere absence of speech sounds like silence. But true silence is a presence, not an absence. A fullness. A richness that depends for its worth on the purity of intent, not just the lack of distractions.
 
In a late journal entry (Dec. 4, 1968), Merton wrote of visiting the grand stupas of Buddha and Ananda at Gil Vihara, Sri Lanka. "The silence of the extraordinary faces. The great smiles. Huge and yet subtle. Filled with every possibility, questioning nothing, knowing everything, rejecting nothing...." Speaking of the figure of Ananda, Merton concluded, "It says everything. It needs nothing. Because it needs nothing it can afford to be silent, unnoticed, undiscovered." He also photographed these statues, focusing on their beatific serenity.
 
When we are silent, we can hear the wind in the trees, and the water in the brook, and is this not more eloquent than anything that we ourselves might have to say? Of living in his newly-built hermitage, Merton wrote in his journal (Feb. 24, 1965), "I can imagine no other joy on earth than to have such a place and to be at peace in it, to live in silence, to think and write, to listen to the wind and to all the voices of the wood, to live in the shadow of the big cedar cross, to prepare for my death...."
 
Is it ironic for a writer to praise silence? No more so, perhaps, than to praise ignorance, which is what Wendell Berry does in his poem "Manifesto: The Mad Farmer Liberation Front." There Berry writes, "Praise ignorance, for what man has not encountered, he has not destroyed." So, perhaps we should praise silence, for as much as a man has not said, he has not lied.
 
Praise of silence runs throughout Merton's meditations. For just one example: of his teaching of the novices at Gethsemani, he wrote (July 4, 1952), "Between the silence of God and the silence of my own soul stands the silence of the souls entrusted to me."
 
Certainly, since his death, Merton has been silent -- if not silenced. There is also the soft rustle, just out of hearing, of the poems and prayers he did not live to write.
 
Frederick Smock is chairman of the English Department at Bellarmine University. His recent book is Pax Intrantibus: A Meditation on the Poetry of Thomas Merton (Broadstone Books).

 

 
 
Robert Toth
Executive Director 
The Merton Institute for Contemplative Living




Tuesday, December 9, 2008

A Law Student Writes

Professor Perry,

I write to you concerning an article you posted on Mirror of Justice by Kate Childs Graham....

I’m wondering if you feel, as I do, that room can easily be made, and should be, for a marriage like Kate and Ariana’s within the Church. Obviously, this would require that the “institutional Catholic Church” (as Childs Graham put it) adopt a change to its definition of marriage. The Catechism in Paragraph 1660 refers to marriage as “an intimate communion of life and love… ordered to the good of the couple, as well as to the generation and education of children.” This, to me, is very broad and seemingly could be opened to couples not consisting of a man and a woman. Even the “generation… of children,” by virtue of modern science, does not require a heterosexual union in order to be effected. Perhaps more to the point, and directly on point with the sentiment of Ms. Childs Graham’s editorial, “From a valid marriage arises a bond between the spouses which by its very nature is perpetual and exclusive; furthermore, in a Christian marriage the spouses are strengthened and, as it were, consecrated for the duties and the dignity of their state by a special sacrament.” (Catechism, Paragraph 1638)

Granted, we are provided a one-sided and biased account, but the relationship between Kate and Ariana exhibits all of the qualities valued by the Church in a marital union, save heterosexuality. What ill can come from such communion based on love and dedication between two people? I know that I am short shrifting the Church’s definition and understanding of “marriage,” but is the position of the modern Catholic Church (emphasis on modern) sustainable on principle? Or, is it as I fear, merely clinging to tradition and a (possibly flawed) interpretation of Old Testament allegory?

I ... often find myself critical of the tradition I grew up in. This is at least one of the reasons I find myself drawn to many of your posts. (The latest by John Kavanaugh is no exception. By the way, I think he puts easier “questions” to the pro-life extremists than those he puts to the pro-choicers.) For all of the good done by the Church, and for the strength and beauty of its tradition, I have a hard time imagining myself returning to weekly mass if the Church does not address what I feel is its immoral treatment of many people within and without of its sanctuaries. The LGBTQ community, Catholics and non-Catholics alike, represents one group that I believe gets such treatment from the Church. The thought-provoking columns in your posts suggest that you may share some of this sentiment. Is there any truth to this, or are you dedicating yourself to making sure that all voices and viewpoints are heard from in the MOJ discussion?

Respectfully,

[a law student]

[I replied, explaining that in my judgment, the Church's teaching on homosexuality is false teaching and that the Church's position on gay and lesbian unions is unjust.]