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, October 13, 2008

There Are Many Gods That Fail

Sightings 10/13/08

 

Another 'God that Failed'

-- Martin E. Marty


"The Fall: Original Sin & Free-Market Capitalism," "After the Meltdown," and "Government Is Not the Problem: Thirty Years of Bad Economic Policy," by William Pfaff, Charles R. Morris and Jeff Madrick, in turn, highlight a single issue of the Jesuit magazine America (October 10). Their articles are typical of the first round of religious responses to the epic or epochal shifts occurring in global economic life this autumn.  There is no Schadenfreude, no joy in the misfortunes of others, in their and most of their colleagues' writings elsewhere in the religious press, because there are no simple "others" when "we" are all in the mix of disasters together.  There is, however, some sense of theological relief and release in such articles because such thinkers are suddenly enabled to get some hearing when they "speak truth to power" on the economic front.

 

"Power" was symbolized in the devotion to, praise, even worship of free-market ideologies in economic, foundation-al, academic, national, and often even ecclesiastical circles by two generations of gifted, articulate proponents of non- and anti-governmental policies which were devoted to unregulated, often unmonitored, market practices and philosophies.  During those decades one would hear muffled witness from some who were devoted to modern Catholic social thought, from often-derided mainstream Protestant inquiry, and from a mix of "free church" and evangelical go-against-the-grain sorts.  One of the rare theological voices which got a hearing was that of Harvey Cox, whose widely-circulated March 1999 Atlantic Monthly article "The Market as God" shook some readers.  The religious right mocked church leadership, claiming it was captive of the left, but such leadership was better known from the attacks on it than on what it set out to say.

 

The God of "The Market as God" turns out to have had clay feet.  One recalls the book by Arthur Koestler, Ignatio Silone, and others, "The God That Failed" (1949), referring to the Communism to which these had previously devoted themselves. "The Nation as God" could signify occasional criticisms of overblown "civil religion" in the same decades.  In favor, however, were the unquestioned defenders, often on theological terms, of the free market as God's intended or preferred way of arranging economic life.

 

To report as I am doing is to risk being seen as naïve or as moving from sulking to gloating.  My writings would reveal little sulking about the main trend of economic life; tenured professors—let's not kid ourselves—live off many of its mixed benefits. I don't think anyone would find a trace of "socialism" in my work. I used to kid that socialism meant standing and waiting in long lines and being wrapped in red tape, and they are not for me and my kind. As for civil religion, nationhood, and patriotism, I hope I've always dealt with paradox, aware of the ironies of American power but celebrating its potential for good and many beneficial actions. What I hope will be seen is that here again we get those once-in-decades, if not  -centuries, clarifying moments in which the "-isms" are shown to have been idolatries.  And in clarifying moments people of good will and skill have a chance to contribute to critical reconstruction in society and personal life.

 

In one of Jesus' parables that comes to my mind daily, we read of an accumulator who built granaries and barns to store his treasures and made himself into a kind of god.  Then he died, having built up those treasures, but not having been "rich toward God." What such richness might look like could be central in America's new spiritual search.

 

References:

Read Harvey Cox's Atlantic Monthly article, "The Market as God", at http://www.theatlantic.com/issues/99mar/marketgod.htm.

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

Sunday, October 12, 2008

Doug Kmiec Review Archbishop Chaput

From this week's Commonweal.

Catholic Answers

Two books for voters who take their faith seriously

Reviewed by Douglas W. Kmiec


Render unto Caesar
Serving the Nation by Living Our Catholic Beliefs in Political Life
Charles J. Chaput
Doubleday, $21.95, 272 pp.

A Nation for All
How the Catholic Vision of the Common Good Can Save America from the Politics of Division
Chris Korzen and Alexia Kelley
Jossey-Bass, $24.95, 176 pp.


It is not clear whether Barack Obama passed on Gov. Kathleen Sebelius as a running mate because her archbishop reprimanded her for refusing to sign laws she deemed threatening to Roe v. Wade. But it didn’t help her chances. Of course, Obama’s vice-presidential pick-Sen. Joe Biden, a Catholic-recently took his own lumps from bishops. Archbishop Charles Chaput of Denver publicly instructed Biden not to present himself for Communion while in town for the Democratic National Convention. Several bishops corrected Biden again after a Meet the Press appearance in which he affirmed his belief that life begins at conception but declared it a private matter.

Is it prudent for bishops to involve themselves so publicly in a national election? Two recent books give contrasting and constructive perspectives. Both are well written and cogently argued. The more optimistic volume is Chris Korzen and Alexia Kelley’s A Nation for All, written to help put an “end to both the politics of division and the culture of going it alone.” Korzen and Kelley are two of the most astute young leaders in the effort to bring Catholic social teaching to bear on American culture. They argue that the United States “is hungry for a new vision of leadership and community.” Satisfying that hunger means strengthening the country’s commitment to peace, to a more just exercise of governmental power, to environmental protection, and to providing essential services to those in need. While those values have declined over the past four decades, corporate power has risen-and church leaders have become preoccupied with abortion.

According to Korzen and Kelley, that preoccupation has played into the hands of Republicans, who have won several national elections promising to address abortion without delivering on that pledge. Catholic voters are therefore free to tackle the problem outside the Republican Party. But in order to do so they must overcome the misinformation from Republicans who would have them believe any antiabortion strategy that goes around Roe is ineffective and, worse, sinful.

In a thoughtful chapter on issues of church and state, Korzen and Kelley demonstrate how emphasizing anti-Roe strategies alone sits uneasily with the church’s promise of religious freedom to all in Vatican II’s Dignitatis humanae (1965). Catholic social doctrine, they write, quoting Benedict XVI’s Deus caritas est, “has no intention of giving the church power over the state. Even less is it an attempt to impose on those who do not share the faith ways of thinking and modes of conduct proper to faith.” And quoting John Paul II’s Evangelium vitae, Korzen and Kelley note that “when it is impossible to overturn or repeal a law allowing abortion which is already in force...an elected official...[may] support proposals aimed at limiting the harm done by such a law.” To reduce abortion they suggest providing health care and economic assistance to women and families, robust alternatives such as support for adoption and appropriate and effective sex education for young people, and a host of other policy measures that have proved capable of reducing the abortion rate in the United States and around the world. Thanks to the efforts of Sen. Obama, much of that language is now in the Democratic Party platform.

In Render unto Caesar, Archbishop Chaput argues that such efforts are insufficient. While admitting to knowing “sincere Catholics who reason differently” (as I do), the archbishop sees a lack of “proportionate reason” in the Korzen-Kelley path. Chaput says that in order to justify a vote for a prochoice candidate, Catholic voters must have a reason of such magnitude that we could, “with an honest heart, expect unborn victims of abortion to accept when we meet them and need to explain our actions-as we someday will.”

That is indeed a high threshold; unfortunately Chaput applies it only to the cultural methods of promoting life usually favored by Democrats. Of course, voting for a “prolife” candidate does not guarantee that he will appoint Supreme Court justices who accept the church’s natural-law arguments against abortion. Nor does it mean that anti-Roe appointees will be approved by what is sure to be a Democratic Congress. Is a Catholic voter supposed to overlook how the Republican Party has failed to deliver Roe’s reversal in thirty-five years? Given that political reality, how could “voting prolife” in that narrow and unsuccessful sense be a sufficient explanation to the victims of abortion?

That criticism aside, Render unto Caesar does offer well-constructed, thoughtful, and accessible arguments. The archbishop displays an impressive command of church documents and literature. Chaput writes because he is “increasingly tired of the church and her people being told to be quiet on public issues.” And it is clear that he has no intention of being quiet, nor, given his insight and erudition, should he be. Still, it is puzzling that, apart from the issue of abortion and related sexual matters, most of the social gospel that dominates Korzen and Kelley’s book is absent from Chaput’s. Korzen and Kelley argue that the GOP’s claim that voting for anti-Roe candidates is the way to vote Catholic has hampered a fuller presentation of the church’s social teaching. Does Chaput make their point for them?

The archbishop is correct to insist that “Christian faith is always personal but never private.” Yet he fails to highlight the tension between that proposition and the (post-JFK) Catholic acceptance of the religious freedom of others who may contest church teaching. Chaput clearly desires the Catholic position on life issues to be the law of the land, but how does that happen when the majority resists? His answer is familiar: truth cannot be denied. But to the unconvinced non-Catholic, that answer begs the question, or at least elides the major difficulty. And if the wrong-headed, truth-denying majority resists for three decades and more, why not look for another way to reduce the number of abortions? Indeed, is not one duty-bound to look?

More than Korzen and Kelley, Chaput blames deficient moral formation and resistance to sexual self-control for the wider culture’s unwillingness to protect the unborn. He stresses the importance of struggling against personal sin. Here the book returns to its underlying emphasis: the truth of the church’s views on contraception and “other inconvenient teachings,” as Chaput puts it. The contraceptive mentality, he argues, reshapes sexual morality, leads to higher divorce and illegitimacy, creates pressures for legalized abortion, and coarsens male-female relations. He speculates that the Catholic Church gets bad reviews in the national media for telling that truth.

Toward the end of the book, Chaput takes up the tendency of politicians to dissemble, which resonates strongly with readers confronted by presidential campaigns fighting over the “change” mantle. But these are passing observations, and the archbishop again returns to the injustice and sinfulness of abortion. “The law must be changed,” he declares. Yes, of course, but why understate how Catholic faith also requires believers to change conditions that apparently give rise to the horrible practice? As Benedict XVI writes in his encyclical Deus caritas est:

"[I]f in my life I fail completely to heed others, solely out of a desire to be ’devout’ and perform ’my religious duties,’ then my relationship with God will also grow arid. It becomes merely ’proper,’ but loveless. Only my readiness to encounter my neighbor and to show him love makes me sensitive to God as well. Only if I serve my neighbor can my eyes be opened to what God does for me and how much he loves me.... Love of God and love of neighbor are thus inseparable, they form a single commandment."

This is common ground worthy of the scholarly work of Archbishop Chaput and the hope-filled effort of Chris Korzen and Alexia Kelley. Both books commend themselves to Catholics who take their faith seriously.


ABOUT THE WRITER

Douglas W. Kmiec

Douglas W. Kmiec, Caruso Family Chair in Constitutional Law at Pepperdine University, is the author of Can a Catholic Support Him? Asking the Big Question about Barack Obama (Overlook Press).

Friday, October 10, 2008

Senator Bob Casey on "the Catholic Vote"

At a September 18 roundtable discussion with religion reporters, five Senate Democrats talked about the role of religion in politics and Democratic outreach to religious leaders and communities of faith. Senator Robert Casey (D-PA) spoke of the need for politicians to respect the importance of faith in the lives of American voters and said "the Catholic vote" is not a monolith but is "every bit as diverse as every other group." Listen to excerpts from his comments.

Listen to audio excerpt

Palin and Paleo

Eduardo's post at dotCommonweal is worth reposting here:

The Courage To Say the Obvious

Posted by Eduardo Peñalver

These days, it takes more courage than usual for conservatives to say the obvious.  So Kudos to Christopher Buckley (son of William F.).  Somehow, I think the 12,000 emails will still manage to find him:

My colleague, the superb and very dishy Kathleen Parker, recently wrote in National Review Online a column stating what John Cleese as Basil Fawlty would call “the bleeding obvious”: namely, that Sarah Palin is an embarrassment, and a dangerous one at that. She’s not exactly alone. New York Times columnist David Brooks, who began his career at NR, just called Governor Palin “a cancer on the Republican Party.”

As for Kathleen, she has to date received 12,000 (quite literally) foam-at-the-mouth hate-emails. One correspondent, if that’s quite the right word, suggested that Kathleen’s mother should have aborted her and tossed the fetus into a Dumpster. There’s Socratic dialogue for you. Dear Pup once said to me sighfully after a right-winger who fancied himself a WFB protégé had said something transcendently and provocatively cretinous, “You know, I’ve spent my entire life time separating the Right from the kooks.” Well, the dear man did his best. At any rate, I don’t have the kidney at the moment for 12,000 emails saying how good it is he’s no longer alive to see his Judas of a son endorse for the presidency a covert Muslim who pals around with the Weather Underground. So, you’re reading it here first.

Sunday, September 28, 2008

A Guide to the Catholic Blogosphere

Here.

Saturday, September 27, 2008

Same-Sex Marriage and Religious Liberty

My copy of a new book arrived in the mail today:  Douglas Laycock, Anthony R. Picarello, Jr., & Robin Fretwell Wilson, eds., Same-Sex Marriage and Religious Liberty:  Emerging Conflicts (Rowman & Littlefield, 2008).

In the best of all possible worlds, Rob Vischer would write an essay-review of this book.  Pending that review, Doug Laycock's conclusion (at page 207) seems to me compelling:

The nature of marriage is a question with profound religious significance and fundamentally disputed answers.  The state has no more business imposing a single answer to that question than to any other religious question.  Marriage is for the churches; government should confine itself to civil unions.  And then we should try as best we can to create rules that enable Americans with fundamentally different views of marriage to live in peace and equality in the same society.

Amen.

Wednesday, September 24, 2008

Religion and Governance

Live in or near the District of Columbia?  Interested in religion and government?  Then you might want to check out this conference.  Click here for the agenda.

American University

Washington College of Law

October 9-11, 2008

Sixth North American Baha’i Conference on Law

 

Exploring the Intersections of Religion and Governance:


Past, Present and Future

 


Miscellanea

Thanks very much, Patrick, for the correction about George Will.  I had thought for many years that he was Catholic.

An editorial in the September 26th issue of Commonweal will interest many MOJ readers.  Here's how the editorial begins, followed by a link to the entire editorial:

Bishops & the Election

Correcting prochoice Catholic pols

The Editors

It is hard to know what is more exasperating, the ill-informed statements of Catholic prochoice politicians about the church’s teaching on abortion, or the response of certain bishops, whose criticism of politicians sometimes seems designed to be exploited for partisan purposes.

Here's the entire editorial.

McCain? Obama?

For better or worse, many MOJ posts during this presidential season (as, indeed, during the last presidential season) have become briefs for supporting, or for opposing, a presidential candidate.

George Will, as many MOJ-readers know, is Catholic.  He is also very conservative, and he is the parent of a child (who is now an adult) with Down's syndrome.

George Will published a piece yesterday in the newspaper for which he writes, the Washington Post, explaining why he opposes the election of John McCain.

You can read Will's column, here.

Friday, September 19, 2008

Catholics, Racism, and Obama

This disturbing post, at dotCommonweal, is definitely worth checking out (here).