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.

Saturday, December 22, 2007

Who's Correct--Edwards or Romney? Recommended Reading

New York Times
December 23, 2007

Age of Riches

2 Candidates, 2 Fortunes, 2 Views of Wealth
By David Leonhardt
 

By the final weeks of 1984, well before either turned 40, John Edwards and Mitt Romney had already built successful careers. But the two men were each on the verge of an entirely new level of financial success.

Mr. Edwards, then making a nice salary as a lawyer at a small North Carolina firm, spent early December staying at the Inn on the Plaza in downtown Asheville. Scattered around his room were legal documents relating to his first big malpractice case, a lawsuit filed by a man named E. G. Sawyer, confined to a wheelchair after his doctor had overprescribed a drug. On Dec. 18, at the courthouse opposite the hotel, a jury awarded Mr. Sawyer $3.7 million.

In Boston, Mr. Romney had risen to become a vice president at Bain & Company, an upstart management consulting firm, and had recently been chosen to run a spinoff investment firm known as Bain Capital. He spent the end of 1984 flying around the country — in coach class, to save money and to show his investors how serious he was about turning a profit — visiting companies and deciding whether to invest in them.

In the decade that followed, Mr. Edwards would win one big verdict after another, and Mr. Romney would oversee a series of hugely profitable investments.

Like thousands of other Americans in a global, high-technology economy in which government was pulling back and wealth was being celebrated, Mr. Edwards and Mr. Romney used talent, hard work and — as both have suggested — luck to amass multimillion-dollar fortunes. They became a part of a rising class of the new rich.

Whether this class is a cause for concern — whether it deserves some blame for the economic anxiety felt by many middle-class families — has become a central issue in the 2008 presidential race. And Mr. Edwards and Mr. Romney are basing their candidacies in large measure on the very different lessons each has taken from his own success.

[This balanced article is well worth reading ... here.]

 

Friday, December 21, 2007

The Catholic Church, the Death Penalty, and "Development of Doctrine"

I think many MOJ readers will be interested in John Allen's Friday missive over at NCR (here).  Some execrpts follow:

It would probably be pushing things a bit far to suggest that Tuesday's vote in the General Assembly of the United Nations in favor of a global moratorium on the death penalty is a victory for the Catholic church. It is, however, a result difficult to imagine without the Catholic contribution.

Consider the following footprints of Catholic influence:

  • The principal NGO lobbying for the measure, the World Coalition Against the Death Penalty, composed of 64 member organizations in various parts of the world, was founded in Rome in 2002 under the auspices of the Community of Sant'Egidio, one of the "new movements" in the Catholic church;
  • Ten nations co-authored the resolution: Albania, Angola, Brazil, Croatia, Gabon, Mexico, New Zealand, the Philippines, Portugal, and East Timor. Eight of the ten are majority Catholic states, where numerous Catholic associations and activists, as well as bishops' conferences, have been in the forefront of abolitionist efforts;
  • The nation that formally presented the resolution was Gabon, one of nine majority Catholic nations in Africa. In announcing its own decision in September to remove the death penalty from its statute books, the government of Gabon specifically cited the work of Sant'Egidio;
  • When Egypt attempted to scuttle the measure by attaching an anti-abortion amendment, both the Philippines and the Vatican responded by saying that while they would enthusiastically support a separate resolution on abortion, they did not want the pro-life cause to be instrumentalized in order to block progress on the death penalty, thereby saving the resolution;
  • Perhaps the diplomatic mainstay of the campaign for a global moratorium over the last 15 years has been Italy, with the strong backing of the Vatican.

The non-binding resolution passed by a vote of 104 nations in favor against 54 opposed, with 29 abstentions and five nations not present. The United States joined China, Iran, Sudan, Singapore and several Caribbean states in opposing it.

Though legislative success is always the result of heterogeneous coalitions, it's quite possible that without the strong anti-death penalty activism that's taken shape within global Catholicism over the last several decades, which came to a crescendo under Pope John Paul II, Tuesday's result may never have occurred. In 1996, then-Cardinal Joseph Ratzinger said that Catholicism has witnessed a "development in doctrine" on the death penalty. The UN vote hints at the social capital of the Catholic church which this development has unleashed.

I sat down this week for an interview with Mario Marazziti, the leading spokesperson for Sant'Egidio after its founder, Andrea Riccardi, and a key figure in the World Coalition Against the Death Penalty. Marazziti was in New York for Tuesday's vote.

How important has the church been?
Very important. The Catholic church, especially under John Paul II and continuing with what it's doing now, has had a real role in accompanying this change over the last 20 years, and the Philippines is one of the cases where you see that most clearly.

We've worked side-by-side with Cardinal [Renato] Martino [President of the Pontifical Council for Justice and Peace]. He gave me a short interview to be used on Nov. 30, when we had our "Cities Against the Death Penalty" event. He said something to us that has never been said at such a high level before: "The death penalty is homicide." Unfortunately the media didn't pick up on it, but the clear meaning is that you can't answer one crime with another.

By 'the Vatican,' you mean in this case Archbishop Celestino Migliore, the nuncio of the Holy See as a Permanent Observer to the UN?
Yes. The central point was that the Holy See supports the defense of life in every circumstance, but on this very important subject we don't want to see [the resolution] instrumentalized for other questions. It was a very interesting position. Of course, the Vatican doesn't vote at the UN. Nevertheless, they said the defense of life is an important subject, but exactly for that reason it has to be without exceptions. In substance, the point was that the Holy See doesn't support the way some say, 'We have to abolish the death penalty' but don't care about abortion, and meanwhile those who were now proposing something against abortion were doing so to uphold the death penalty. We shouldn't get into deciding which lives are worth defending. It was a very sharp, well-constructed position, and I thought it was quite clear.

In the end, what does this result mean?
First of all, the death penalty has officially become a question of human rights. From the point of view of the international community, this is new. … It fixes an official standard of justice without death. Even if it's not obligatory, it creates a moral standard. It will become ever more embarrassing for those countries that still use the death penalty.

* * *

So far, most global press coverage of the UN vote has not highlighted the Catholic contribution. In Italy especially, the tendency has been to attribute the outcome to the efforts of the Italian government and various secular humanitarian groups, especially those linked to the Radical Party, which has long campaigned against the death penalty.

On Thursday, L'Osservatore Romano, the official Vatican newspaper, carried an interview with Cardinal Renato Martino, President of the Pontifical Council for Justice and Peace, in the wake of the General Assembly resolution. In part, the interview focused on a perceived lack of recognition for Catholic efforts. Martino suggested that the church's role may be more difficult to appreciate since, for Catholics, the death penalty is part of a continuum of life issues that also features war, employment, and especially abortion.

Thursday, December 20, 2007

Robby George responds ... [Updated]

UPDATE:  Robby's message below was posted as a comment at dotCommonweal, where there are now comments on Robby's message.  If you're interested:  at dotCommonweal, scroll down past Robby's message (in the comments) to read the comments on Robby's message (here).

[Robby asked me to post this, and I am delighted to do so.]

Dear Michael and Cathy,

I notice that on MoJ and on the Commonweal blog you linked to Max Blumenthal's story about the Nava case at Princeton.  You also linked to the Anscombe Society's statement.
 
Since Blumenthal's story contained serious allegations against me, I'm sorry that you did not (since we are friends and can easily be in touch with each other) first ask me whether these allegations are true.

In fact, those allegations are despicable lies.

The worst of them is this:

"But before George pointed to Nava's beating as proof of anticonservative bias on campus, he had been presented with evidence that Nava, while at the Groton boarding school, had fabricated a threat against himself and his roommate, head of the Gay-Straight Alliance, in the form of a letter containing the phrase 'die fags.' The letter may have raised doubts in George's mind, but not strongly enough to deter him from attacking Princeton's administration."

This is utterly false---the very reverse of the truth.  Fortunately, it is demonstrably false.  The moment I learned about what Nava had done at Groton, I demanded that he reveal it to the campus police and then I followed up with Alvan Flanders, the detective in charge of the investigation, to make sure that Nava had given him the facts.  I did not "point to Nava's beating as proof of anti-conservative bias on campus."  Nor did I criticize (much less "attack") the administration's handling of the case.  On the contrary, I praised it.  And I praised it because it deserved to be praised.  Moreover, I continued working with Detective Flanders and others to uncover the truth, and I counseled students against holding a candlelight vigil, a day of silence, or any other "solidarity event" before the investigation settled the facts.  I was determined to prevent Princeton from repeating the errors made at Duke in the lacrosse case and, earlier, at Claremont-McKenna and Amherst College where enormous uproars occurred before it was discovered that what appeared to be hate crimes had been staged by the alleged victims.

If you have any doubt about my veracity, please call Detective Flanders at 609-258-1000 and Kathleen Deignan, Princeton's Dean of Undergraduate Students (whose office took the lead in the administration's handling of the case) at 609-258-5431.

Charles Davall, Deputy Director of Princeton's campus security force, wrote to me thanking me and the Anscombe Society students who had been victims of the false threats.  Here is what he said about our role in helping to unravel Nava's story and reveal the truth:
 
"We owe a debt of gratitude to you and the rest of the students who under extreme adversity, did the right thing at many stages of this investigation.  Because of their actions, and yours, we were able to quickly resolve this matter before it became an even bigger media and University event."
 
I also received a message from Dean Deignan.  Here are her words to me (please recall here Blumenthal's charge that I used Nava's claims to "attack" the Princeton administration):
 
"Princeton is indeed lucky to have you here.  Perhaps because I spend so much of my time working with undergraduate "trouble" of one sort or another, I have a special appreciation for how difficult it can be to approach situations like this one in the careful and measured way you did.  These things can sometimes take on a life of their own and it's often difficult to provide immediate and supportive responses while at the same time refraining from drawing precipitous conclusions.  I have great admiration for the guidance you provided to the students and deep gratitude for the trust you placed in the rest of us. I hope you'll have a little rest from this ordeal in the next few weeks and that you and your family will enjoy the Christmas season as it is meant to be -- peace."

You will, I trust, find it instructive in light of Blumenthal's claims that yet another member of the Princeton University administration has written to acknowledge and thank me for the role I played in the Nava investigation.  Here is what Shirley Tilghman, President of Princeton University, wrote to me in an e-mail message this afternoon:

"Let me say that everyone has greatly appreciated the way you collaborated so effectively with public safety and the Office of the Dean of Students.  They are very grateful for your caution, your good judgment and your solicitude for the students.  I join them in thanking you for everything."

If you would like additional evidence, Michael, please let me know.  There is plenty more where this came from.  But again, you needn't take my word for any of it.  I urge you to make the calls so that you can know with certainty whether Blumenthal is lying or I am.

Among his gross misrepresetations, Blumenthal says that I "immediately went to the neoconservative daily the New York Sun, and exclaimed, "Are there double standards and reforms that need to be made?  Absolutely."  In fact, I did not go to the New York Sun or any newspaper---"immediately" or otherwise.  A reporter from the Sun got in touch with me.  I told her that Princeton's administration and campus security people were handling the Nava investigation in an exemplary manner and without discrimination of any type.  She then asked me if there is any unfairness towards conservative points of view at Princeton, and I said "absolutely," and told her about ideologically biased presentations in the freshman orientation program (especially a presentation entitled "Sex on a Saturday Night" which new students are required to attend) that Anscombe Society students and others have been working with Princeton's Vice President for Student Life Janet Dickerson to reform.  Fortunately, on this point too I can provide documentary evidence.  (As to the highly responsible way that the Anscombe students have conducted themselves in seeking reforms, please ask Vice President Dickerson.)

Among Blumenthal's gross falsehoods (echoed by Grant Gallicho on Commonweal), is that I began by attacking the administration and then later changed my tune in order to claim credit for assisting the detectives in solving the case.  As to whether I (and the Anscombe students) did play important roles in assisting the detectives, ask Charles Davall, Alvan Flanders, and any of the administrators at Princeton who were involved.  Again, there is no need to take my word for it.  As to whether I changed my tune, ask Kathleen Deignan.  She will confirm that on Friday---that is, even before anyone suspected Nava was perpetrating a fraud---I was defending the administration''s handling of the matter and offering to write a letter to the student newspaper saying that the administration's actions were exemplaryWhen the article in the New York Sun appeared, I wrote a letter to the reporter praising the administration's handling of the case and criticizing her story for depicting the administration in a negative light.  So, you see Blumenthal and Gallicho simply couldn't be more wrong.  They evidently published what they wanted to be true about me and the Anscombe students, but it turns out to be, once again, the very reverse of the truth.
 
And there is another very important point on which Commonweal bloggers and Max Blumenthal have managed to get things completely wrong.  Their portrayal of the Anscombe students could not be farther from the truth. The overwhelming majority of events touching on political or moral questions on Princeton's campus tend to promote the liberal point of view, and there are numerous student advocacy organizations on that side of the political spectrum.  Surely that comes as no surprise to you.  On questions of sexual morality and marriage, Anscombe students have worked to ensure that there is a hearing for a competing perspective by sponsoring lectures and discussion groups, and even offering to co-sponsor balanced intellectual events with groups that take positions opposed to theirs.  They do not engage in hate speech or abusive rhetoric, nor do they rely on appeals to revelation or mere tradition (much less emotion or other subrational factors).  Following the example of the late Elizabeth Anscombe, they make calm and rational arguments, and have won the respect of administrators as well as many faculty and fellow students.  Time after time, I have been told by liberal students:  "While I disagree with everything that the Anscombe Society stands for, I'm grateful they're on campus because they make me think and challenge my presuppositions."  Moreover, the organization has attracted some of Princeton's most outstanding students.  It was created in 2005, and two of its officers---Christian Sahner '07 and Sherif Girgis '08---have won Rhodes Scholarships. 
 
In the Nava episode (as the comments of Charles Davall and Dean Kathleen Deignan make clear), the Anscombe students conducted themselves admirably.  Three in particular—Sherif Girgis, Kevin Staley-Joyce, and Jonathan Hwang—demonstrated extraordinary strength, wisdom, and character.  In my opinion, they are the true heroes of the story.  At every step, they showed great sensitivity and compassion towards Francisco Nava, even as they worked with Detective Flanders and others to determine whether someone they had known as a friend had perpetrated a grotesque fraud.  Then, on Monday night, these young men on whom Francisco had imposed profound anguish and misery sat with him in the presence of University officials, quietly listened to his apology, and offered him ungrudging words of forgiveness, consolation, and encouragement.  I was filled nearly to bursting with admiration for them.  Commonweal blogger David Gibson should have checked with Princeton's administrators (Dean Deignan, for example, or Vice President Dickerson) before cruelly libeling these students with the charge of "kicking [Nava] to the curb."  But again, don't take my word for it.  Please make the calls.
 
There are lessons in this case about jumping to conclusions instead of waiting for the evidence, and about seizing on opportunities to politicize tragedies in the hope of blackening those with whom one disagrees.  I hope that writers for Commonweal and the Nation will learn the lessons.  Checking with me about the facts would have been an elementary courtesy.  Checking with the leadership of Princeton's campus security and with the persons in Princeton's administration responsible for coordinating its actions was something any responsible journalist would have done. 
 
I respectfully request that you post this letter on the Commonweal blog and MoJ.  In case you prefer for any reason not to phone those Princeton University officials who can substantiate each of the claims I have made, I will copy Charles Davall and Dean Deignan on this message with a request to write to you if anything I have said is in even the slightest respect inaccurate.
 
Best wishes,
 
Robby
 
===========================================
Robert P. George
McCormick Professor of Jurisprudence
Director, James Madison Program in American
    Ideals and Institutions
Princeton University
244 Corwin Hall
Princeton, NJ  08544
(609) 258-3270
(609) 258-6837 (fax)

Still More About Princeton and the Nava Hoax

Given Rick's post , MOJ readers may want to check out the comments at dotCommonweal--18 comments as of this moment.

Wednesday, December 19, 2007

" ... self-deceiving smugness ..."

"[Miguel de Unamuno] sought to challenge the self-deceiving smugness of anyone who fails to experience anguish rooted in our irreducible uncertainty about personal immortality.  He shared Pascal's horrified astonishment and anger at those insensitive to their eternal destiny, a concern for which, he believed, lies at the root of all religious striving:  'Religion is the yearning not to die, and is faith in immortality . . . reason by itself kills, and imagination gives life . . . for myself, I do not wish to make peace between my heart and my head, between my faith and my reason:  I want them to fight one another and to deny one another reciprocally, since their combat is my life.'"

--Eric Southworth, "Nigh Is the End," Times Lit. Supp., Dec. 7, 2007, at 25 (reviewing Miguel de Unamuno, Treatise on the Love of God).

I must be missing something ...

Bob Araujo writes in his post:

I could say, “You may be right, Secularist, that it is all over when we die. But I ask you to consider the following: we both will die (however that happens), and this event is inevitable. You may look at me and say, ‘see I (the Secularist) was right. You have wasted a lifetime.’ But, my suggestion to you is this: But if I (the theist) am right, I will not have wasted a lifetime, but you will have wasted an eternity.”

What?  Given that many believers--including many Christians--live morally abominable lives, and given that many nonbelievers live morally exemplary lives, why would Bob think that "the Secularist . . . will have wasted an eternity"?    Surely Bob doesn't think that being a believer is a necessary (though not sufficient) condition of gaining eternity, whatever one means by "gaining eternity".

Update on the sad situation at Princeton

For my earlier post on this, click here.

For an update, click here (the Anscombe Society) and here (The Nation).

HT:  dotCommonweal.

An Uncomfortable Truth

The Tablet
Dec. 22, 2007

Lowest-paid give most to charity, Tablet survey finds
Isabel de Bertodano

PEOPLE ON the lowest incomes will be among those donating most generously to the Church and to charities this Christmas.

The results of a Tablet survey show that more than a quarter of people on salaries of less than £20,000 a year will give in excess of £100 to charity at Christmas, while 5 per cent will also give the same amount to the Church. The survey, completed by visitors to The Tablet's website and subscribers to our enewsletter, shows that the vast majority of people give a special donation to charity at Christmas. Most tend to donate a larger sum to charities than they do to collections at Christmas Masses.

Nonetheless, more than half of respondents said they would be giving at least £20 to the Church, with 20 per cent of those on large salaries giving in excess of £100. Priests rely on Christmas to boost their income, with all donations put into collections at Midnight Mass and on Christmas Day going straight to the clergy rather than into the parish coffers. Fr Tom Jordan, chairman of the National Conference of Priests, said Christmas was essential to priests but that many felt awkward about asking people to give generously. "It is the mainstay of clergy income and for our financial existence," he said. "A tradition has built up and the collections are bigger at Christmas but I'm not sure if parishioners always realise how important it is to us." However, it is to charities that people give really generously. Among respondents to our survey 40 per cent of people said they would be giving more than £100, while just over 3 per cent planned to give in excess of £1,000. Around 700 people responded to our survey, which also found that people prefer to give directly to charity at Christmas rather than buying "alternative gifts" for friends and family such as goats or latrines for the developing world.

While 57 per cent of all respondents said they were not planning to buy any alternative gifts this year, 70 per cent of these people said they would make a special donation to charity instead.

Tuesday, December 18, 2007

Uruguay OKs Gay Unions In Latin American First

New York Times
Dec. 18, 2007

MONTEVIDEO (Reuters) - Uruguay's Congress legalized civil unions for homosexual couples on Tuesday in the first nationwide law of its kind in Latin America.

Under the new law, gay and straight couples will be eligible to form civil unions after living together for five years. They will have rights similar to those granted to married couples on such matters as inheritance, pensions and child custody.

Uruguay's Senate passed the bill unanimously after the lower house approved it last month, a congressional spokesman said. The country's center-left president is expected to sign it into law.

Several cities, including Buenos Aires and Mexico City, already have gay civil union laws on the books. Uruguay's law would be the first nationwide measure in Latin America, which is home to about half the world's Roman Catholics.

In Uruguay, couples must register their relationship with authorities to gain the cohabitation rights, and they will also be able to formalize the end of a union.

Gay marriage remains illegal in Uruguay, a small South American country known for its secular streak.

The Catholic Church has said its opposition to gay marriage is non-negotiable and Catholic politicians have a moral duty to oppose it.

Earlier this year in Colombia, a group of senators shot down a landmark gay rights bill at the last minute, using a procedural vote to back away from the measure.

Interesting New Paper by MOJ-er Susan Stabile

Can Secular Feminists and Catholic Feminists Work Together to Ease the Conflict between Work and Family?

SUSAN J. STABILE
University of St. Thomas - School of Law (Minnesota)


U of St. Thomas Legal Studies Research Paper No. 07-39
University of St. Thomas Law Journal, 2008
 
Abstract:     
Anti-essentialist critiques of feminist legal theory have led to a broadening of feminist theory to reflect the voices of women of color, those of different classes and those of homosexual orientation. However, despite both the insistence on the need to include other voices and the growing development of Catholic feminist theologians, mainstream feminist legal thought has paid insufficient attention to what a religious perspective might add to the secular feminist dialogue about the law. This paper represents the first step in a broader project to explore a Catholic feminist legal perspective.

The Article begins by exploring the theoretical underpinnings of what may be called a Catholic Feminist Legal Theory to see what such a theory adds to secular feminist legal theory. It then considers how that theoretical framework speaks to the relationship between work and family. Work and family make a good starting point for this inquiry in that secular feminists and Catholic feminists share a concern about issues that affect women both generally and in their ability to participate fully in the workplace. They also share a concern about family, albeit not always in the same way. That is, while there are places secular and Catholic feminists can walk together in promoting a restructuring of the workplace to accommodate family, there are also areas in which they part company. This Article represents an effort to see where those points of convergence and divergence lie.

Click here to download.