... and read Peter Steinfels's list of the twelve most important religion-related stories of 2008. Yes, that's 2008. Over at dotCommonweal.
Saturday, January 5, 2008
Do yourself a favor ...
Friday, January 4, 2008
More on our Bronze Medal
I think it's great that we (MOJ) won the bronze medal. We deserve it! But I have a problem with the description of MOJ:
271
votes
Mirror of Justice
Where Pope Benedict XVI is the most-cited legal authority. Canon law is interpreted, and Catholic law school news is covered in detail.
The description should include something along these lines: " ... and where dissenting Catholics engage in civil, if unpersuasive, discussion with magisterium-friendly Catholics about such issues as [insert your favorite disputed question here]."
Here's the serious point: We are a vigorously pluralistic group--and that's one of our greatest strengths!!!!!
Best Wishes to Robert Araujo--and to Jesuits Everywhere!
The Tablet
January 5, 2008
Defining Moment for the Jesuits
Michael Walsh
The meeting in Rome this month to elect a new Superior General is the most important gathering of the Society of Jesus for 25 years. It could signal new approaches to both mission and governance
On 7 August 1981 Fr Pedro Arrupe, the popular and charismatic Superior General of the Society of Jesus, suffered a stroke at Rome's Leonardo da Vinci airport as he returned from the Philippines. He was never again capable of governing the order. Unable to speak, he indicated that his American assistant, Vincent O'Keefe, should take over as Vicar General until a General Congregation could be called to elect a successor.
Then the Pope stepped in. In place of Fr O'Keefe, John Paul II simply appointed Fr Paolo Dezza as his own papal delegate/Vicar General. Fr Dezza, known to generations of Jesuits and other seminarians for a singularly tedious Latin tome on metaphysics, was nearly 80 and almost blind. He was therefore to be assisted by Fr Giuseppe Pittau, once rector of Sophia University in Tokyo and at the time provincial superior in Japan. What John Paul II hoped to gain by this is unclear. Jesuits around the globe protested, but obeyed. The surprisingly feisty Fr Dezza governed for a couple of years, and the Society continued much as it had before, until a Congregation was called for September 1983 to accept Fr Arrupe's resignation and elect the present Superior General, Peter-Hans Kolvenbach. In 1991 the Pope rather sportingly made Fr Dezza a cardinal.
Fr Kolvenbach is Dutch, but spent much of his life in the Lebanon - his beard marks the fact that he belonged to one of the Eastern rites - and before his election had moved to Rome to take charge of the Oriental Institute. Whereas Fr Arrupe had been charismatic, Fr Kolvenbach is often described as pragmatic. Fr Michael Holman, the British provincial, told me he was a conscientious administrator, which sounds faint praise but in the circumstances is not. He has helped to rebuild confidence between the papacy and the Society, whose members continue to work in education, missions, social justice and interfaith dialogue.
But his period of office, said Fr Holman, has taken the Society "to new geographical frontiers, to Albania, for example, to Kosovo, Russia and to many other places by promoting the Jesuit Refugee Service ... he has encouraged us in whatever ministry to meet the challenge of secularism and unbelief with a witness to the Gospel made credible by our witness to the poor, to use effectively the tools of technology and the media, to adopt new forms of ministry with young people and young adults".
After 25 years in office, and at the age of nearly 80, Fr Kolvenbach wants to retire and return to the Middle East. Alone among Superiors of Religious orders, the Jesuit General is elected for life, so the forthcoming General Congregation, the 35th in the Society's 468-year history, will first have to accept his resignation before choosing a successor. When I asked Fr Holman about possible Vatican influence on the voting, he diplomatically restricted himself to saying that the Prefect for the Congregation for Consecrated Life would preside at the opening Mass on 7 January and that the Pope, whom delegates are to meet in February, will be the first to be informed of the name of the new General.
There is, however, rather more to it than that. After the problems of the early 1980s, the Jesuit powers-that-be hope that the person selected will be acceptable to the Pope. It is said that a long list of some 60 names of likely candidates has already been submitted to the Vatican, just in case there are problems. And there is another issue where Pope Benedict has had an input. The Society's various provinces send in postulata, or topics they would like to be debated at the Congregation. Several provinces made the suggestion that in future the General should retire, perhaps at 80. Discussion on this, which would be a major change to the Society's Constitution, has been vetoed by the Holy See. Benedict XVI, a Rome-based Jesuit suggested to me, was alarmed by the thought that if the "black pope" was obliged to retire at 80, people might start to expect the same of the "white" one.
[To read the rest, click here.]
Thursday, January 3, 2008
Memo to Rick re Capital Punishment, the Constitution, and the Courts
In response to Rick's post this afternoon, let me say this:
We must distinguish between two questions: (1) Does capital punishment violate the Eighth Amendment's ban on cruel and unusual punishments? (2) Should we want to Supreme Court to rule that capital punishment violates the Eighth Amendment's ban on cruel and unusual punishments?
Rick and I agree that *if* the answer to the first question is no, then the answer to the second question should be no too.
However, if the answer to the first question is yes, it does not follow that the answer to the second question should be yes too. Why not? Well, I answer that question (among others) in my new book: Constitutional Rights, Moral Controversy, and the Supreme Court: A (Partial) Theory of Judicial Review (forthcoming, Cambridge University Press).
As it happens, I think that the answer to the first question is yes--and that the answer to the second question is ... no.
Capital Punishment ... and the Courts
Rick often says that although he opposes capital punishment, he wants the legislatures, guided by true morality--not the courts, guided by their understanding of constitutionality--to abolish it. Well, I thought of Rick's position this morning when I read this piece in the NYTimes.
NYT, 1.3.08
States Hesitate to Lead Change on Executions
By ADAM LIPTAK
When a state panel recommended last April that Tennessee abandon the three chemicals used in executions across the nation in favor of the single drug usually used in animal euthanasia, the state’s corrections commissioner said no.
Though the move would have simplified executions and eliminated the possibility of excruciating pain, the commissioner, George Little, said Tennessee should not be “out at the forefront” of a decision with “political ramifications,” according to recently disclosed evidence in a death row inmate’s lawsuit.
Mr. Little’s decision helps illuminate one of the questions lurking behind the year’s most eagerly anticipated death penalty case: Why have states so doggedly and uniformly clung to an execution method with the potential to inflict intense pain when a simpler one is readily available?
When the Supreme Court hears arguments on Monday in Baze v. Rees, the Kentucky case that has led to a de facto national moratorium on executions, it will mostly be concerned with the question of what standard courts must use to assess the constitutionality of execution methods under the Eighth Amendment, which bars cruel and unusual punishment.
But beyond that is the more practical question of why all 36 states that use lethal injections to execute condemned inmates are wedded to a cumbersome combination of three chemicals.
The answer, experts say, seems to be that no state wants to make the first move. Having proceeded in lock step to adopt the current method, which was chosen in part because it differed from the one used on animals and masked the involuntary movements associated with death, state governments would prefer that someone else, possibly the courts, change the formula first.
“The departments of correction are dug in,” said Deborah W. Denno, an authority on methods of execution at the Fordham University Law School. “There’s safety in numbers. But if one state breaks from that, the safety in numbers starts to crumble.”
“If you change,” Professor Denno continued, “you’re admitting there was something wrong with the prior method. All those people you were executing, you could have been doing it in a better, more humane way.”
[To read the rest, click here.]
Sunday, December 30, 2007
Eduardo speaks ... in today's Washington Post
The End of Sprawl?
By Eduardo M. Peñalver
Sunday, December 30, 2007; B07
The collapse in the housing market and high gasoline prices are bad news for middle-class homeowners left to sift through the wreckage. But if there is consolation to be found amid the rubble, it may be that the inexorable spreading out that has characterized American life since World War II might finally be coming to an end. Given the connections between car-dependent suburban development and social ills from climate change and the destruction of wetlands to obesity and social isolation, the end can come none too soon.
American sprawl was built on the twin pillars of low gas prices and a relentless demand for housing that, combined with the effects of restrictive zoning in existing suburbs, pushed new development outward toward cheap rural land. Middle-class Americans, not able to find housing they could afford in existing suburbs, kept driving farther out into the countryside until they did. Gridlock in the suburbs and the expense of providing municipal services to sparsely populated communities imposed their own limits on how far we could spread. As a result, the density of metropolitan areas, which fell steadily in the postwar years, had begun to creep back up in the 1990s. Despite these infrastructural restraints, however, the now-defunct housing boom and cheap gas kept exerting centrifugal pressure on living patterns, pushing the edge of new development farther out into rural America.
Over the past year or so, both of these forces have dramatically weakened. With credit tight and the demand for housing drying up (sales of new homes fell last month to the lowest level in 12 years) new construction in the exurbs is grinding to a halt. The result is a decline in the building industry's appetite for rural land on the urban edge. The question now is whether that decline will last. In the past, a sudden drop-off in demand for housing in the exurbs would have represented merely a hiatus. Builders would have bided their time until the housing market recovered, and the outward push would soon have begun again. But persistently high gas prices may mean that the next building boom will take place not at the edges of metropolitan areas but far closer to their cores. People are more willing to drive 20 miles each way to work every day, burning a couple of gallons of gas in the process, when gas costs less than milk. But as gas prices climb, long car commutes become a rising tax on exurban homeownership, and the price people are willing to pay for homes in remote areas will fall.
Increasing gas prices may not be enough to cause people to move, which is why demand for gas proves so inelastic in the short term, but it can influence where people choose to live when they are forced to relocate for other reasons. The evidence that this is already occurring is, at this point, still somewhat anecdotal, but it is very suggestive. As the New Urbanist News reported this fall, during the present downturn, accompanied as it has been by high gas prices, homes close to urban centers or that have convenient access to transit seem to be holding their value better than houses in car-dependent communities at the urban edge. A recent story in the Minneapolis Star Tribune blamed flagging growth in the Twin Cities' outer suburbs on rising gas prices. If prices at the pump continue to increase, as many analysts expect, the eventual recovery of demand for new housing may not be accompanied by a resumption of America's relentless march into the cornfields.
The death of sprawl will present enormous challenges, chief among them the need to provide affordable middle-class housing in areas that are already built up. Accommodating a growing population in the era of high gas prices will mean increasing density and mixing land uses to enhance walkability and public transit. And this must happen not just in urban centers but in existing suburbs, where growth is stymied by parochial and exclusionary zoning laws. Overcoming low-density, single-use zoning mandates so as to fairly allocate the costs of increased density will require coordination at regional levels. This in turn will require overcoming the balkanization of America's metropolitan areas. This shift toward a more regional outlook will force broad rethinking of how we fund and deliver services provided by local governments, most obviously (and explosively) public education.
Although the end of sprawl will require painful changes, it will also provide a badly needed opportunity to take stock of the car-dependent, privatized society that has evolved over the past 60 years and to begin imagining different ways of living and governing. We may discover that it's not so bad living closer to work, in transit- and pedestrian-friendly, diverse neighborhoods where we run into friends and neighbors as we walk to the store, school or the office. We may even find that we don't miss our cars and commutes, and the culture they created, nearly as much as we feared we would.
The writer is an associate professor at Cornell Law School, where he teaches property and land-use law.
Saturday, December 29, 2007
If You Can't Tame 'Em, Co-Opt 'Em
What say you, Rick?
New York Times
December 30, 2007
The Times Adds an Op-Ed Columnist
By THE NEW YORK TIMES
William Kristol, one of the nation’s leading conservative writers and a vigorous supporter of the Iraq war, will become an Op-Ed page columnist for The New York Times, the newspaper announced Saturday
Mr. Kristol will write a weekly column for The Times beginning Jan. 7, the newspaper said. He is editor and co-founder of The Weekly Standard, an influential conservative political magazine, and appears regularly on Fox News Sunday and the Fox News Channel. He was a columnist for Time magazine until that relationship was severed this month.
Mr. Kristol, 55, has been a fierce critic of The Times. In 2006, he said that the government should consider prosecuting The Times for disclosing a secret government program to track international banking transactions.
In a 2003 column on the turmoil within The Times that led to the downfall of the top two editors, he wrote that it was not “a first-rate newspaper of record,” adding, “The Times is irredeemable.”
In the mid-1990s, Mr. Kristol led the Project for the Republican Future, an influential policy study group. Before that, he was chief of staff to Vice President Dan Quayle.
A native of New York City, he holds a bachelor’s degree and a doctorate from Harvard.
His father is Irving Kristol, one of the founding intellectual forces behind modern conservatism.
Friday, December 28, 2007
"[I]mpossible for a Catholic to be a Conscientious Objector ..."?
On December 9, Gordon Zahn--an alumnus of the institution at which four (!) MOJ bloggers teach--died. "After World War II ended, Gordon enrolled at St. John’s University in Collegeville, Minn., where his pacifism provoked arguments with monks who had served as military chaplains and with veterans among the students. Transferring after his freshman year, he graduated from the University of St. Thomas in St. Paul. Is it mere coincidence that his alma mater now harbors one of the best programs in peace and conflict studies in the United States?"
Gordon Zahn, a Catholic pacifist, is one of the most influential Catholics of the 20th century. Unlike Zahn, most of us are not pacifists. Nonetheless, each of us have reason to be grateful to Zahn.
This is from a piece on Zahn in the December 21st issue of NCR:
“My subject is war -- and the immorality of war.”
Gordon Zahn wrote that, with acknowledgement that he was paraphrasing “the great war poet Wilfred Owen,” in the forward to a 1967 book, War, Conscience and Dissent.
Although other writers are better known, Zahn is among the most important figures in Catholic social thought in recent history. And for most of his life, his subject was war and the immorality of war. Two early books, German Catholics and Hitler’s Wars: A Study in Social Control (1962) and In Solitary Witness: The Life and Death of Franz Jägerstätter (1964), confirm his place among major influences, including Dorothy Day, Michael Harrington and Thomas Merton. In a preface to the 1969 paperback edition of German Catholics and Hitler’s Wars, Jesuit Fr. Daniel Berrigan wrote, “In the formation of our will to resist legitimized murder, Gordon Zahn’s book had a major influence.”
Had it not been for him, we might never have known about Franz Jägerstätter, a martyr to his faith for refusing to participate in Hitler’s war. Jägerstätter was beatified in a ceremony in Linz, Austria, in October (NCR, Nov. 9). Without Zahn’s work, one can hardly imagine the publication of the American bishops, “The Challenge of Peace: God’s Promise and Our Response” in 1983. There, for the first time in Catholic history, nonviolence received equal billing with the just war tradition. The pastoral letter’s foundation, acknowledged in its footnotes, was the scholarship and research by Zahn.
Other writings important to many of us are his characteristically thoughtful 50-page introduction to Thomas Merton’s The Nonviolent Alternative (1974), a major text in the history of nonviolence ...
To read the rest of this tribute to Zahn, click here.
[Thanks to Larry Joseph of St. John's University School of Law, poet extraordinaire, for calling this piece to my attention.]
A "No Brainer" for Afficianados of Catholic Social Justice?
Thursday, December 27, 2007
"Secularization--The Myths and the Realities"
To read a transcript of a terrific conversation (held at Fordham three weeks ago) between Peter Steinfels and Jose Casanova, one of the preeminent sociologists of religion in the world today, click here.
