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, September 8, 2007

Love Those (Dutch) Dominicans!

Even though I am Jesuit-educated (Georgetown), I have a special affection for Dominicans.  I have a cousin (now deceased) who was a Dominican priest and a great aunt, an aunt, and a cousin all of whom were/are Dominican sisters.

The Tablet
Sept. 8, 2007

Dutch Dominicans call for laity to celebrate Mass

William Jurgensen

THE DOMINICAN Order in the Netherlands has issued a radical recommendation that lay ministers chosen by their congregations should be allowed to celebrate the Eucharist if no ordained priests are available.

In a booklet posted to all 1,300 parishes in the country, it says that the Church should drop its priest-centred model of the Mass in favour of one built around a community sharing bread and wine in prayer.

"Whether they are women or men, homo- or heterosexual, married or single, makes no difference. What is important is an infectious attitude of faith," said the brochure, which has been approved by the Dutch order's leaders. However, the Dutch bishops' conference promptly said that the booklet appeared to be "in conflict with the faith of the Roman Catholic Church". It said it had no prior knowledge of the project and needed to study the text further before issuing a full reaction.

The 38-page booklet, Kerk en Ambt ("Church and Ministry"), reflects the thinking of the Belgian-born Dominican theologian Fr Edward Schillebeeckx. In 1986 the Congregation for the Doctrine of the Faith under the then Cardinal Joseph Ratzinger warned Fr Schillebeeckx that his views on the Eucharist and lay ministry were "erroneous" but took no action against him. The booklet was written by four Dominicans including Fr André Lascaris, a theologian at the Dominican Study Centre for Theology and Society in Nijmegen. Fr Lascaris was involved in peace work for Northern Ireland from 1973 until 1992 and has published numerous articles and books on conflict, violence, forgiveness and reconciliation. The other authors are Fr Jan Nieuwenhuis, retired head of the Dominicus ecumenical centre in Amsterdam, Fr Harrie Salemans, a parish priest in Utrecht, and Fr Ad Willems, retired theology lecturer at Radboud University, Nijmegen.

[To read the rest, click here.]

A Pro-Life Progressive Legal Theory?

MOJ reader Patrick Gallagher has sent an inquiry to some of us at MOJ.  Pat has given me permission to reproduce his e-mail message to me.  If any of you other MOJ readers have any thoughts in response to  Pat's inquiry, please e-mail Pat at this address:   [email protected]

Now, here is Pat's message:

I’m contacting you in hopes that you can help me with some research I’m doing.  I am a Catholic and consider myself politically to be a pro-life liberal.  That’s almost an oxymoron, and I often feel politically homeless because of the generic calculus of pro-life=Republican=conservative and pro-choice=Democrat=liberal.  Recently, I’ve been interested in how that classifying plays out in judicial appointments, where Republicans will only appoint pro-life conservatives and Democrats pro-choice liberals.  My interest is really in whether there are pro-life liberal judges and if there is a pro-life progressive judicial or legal theory.


I’m writing you because I’ve read blog postings or other writings by or about you that lead me to believe that we occupy the same general political neighborhood.  I’d love to get your take as a legal scholar on this question of a pro-life progressive legal theory.  While I think there is likely to be an affinity between them, I also think this would be distinct from a Catholic legal theory.  Is there scholarship in this area?  Can you direct me to it?  More generally, what would you suggest I read to become more familiar with the issue?  (I should confess that I’m not a lawyer.)  Are there pro-life progressive judges, and who are they?

Wednesday, September 5, 2007

Abortion In The Philippines

New York Times
September 5, 2007

Abortion In The Philippines: A National Secret

MANILA (Reuters) - Minda is a masseuse with a difference. Her caress is used to abort fetuses.

The 50-year-old grandmother has lost count of the number of pregnancies she has terminated in this largely Roman Catholic country where abortion is illegal and strictly taboo, but where about half a million women end their pregnancies every year.

The backstreet abortions performed by healers like Minda may become more common as a United States government aid program plans to stop distributing contraceptives in the Philippines in 2008. This will leave birth control up to the government which under the influence of Catholic bishops advocates unreliable natural birth control methods rather than the pill and condoms.

[To read the rest, click here.]

Mother Teresa

New York Times
September 5, 2007

Editorial

A Saint of Darkness

To the extent people ever tried to project themselves into the mind of Mother Teresa, they might have pictured a Gothic vault washed in dazzling beams of saintly conviction. How startling to discover that it was a dark and dispirited place, littered with doubts.

A new book of her letters, “Mother Teresa: Come Be My Light,” published by Doubleday, show her struggling for decades against disbelief. “If I ever become a saint,” she wrote in one letter, “I will surely be one of ‘darkness.’ ” And in another: “If there be no God — there can be no soul. If there is no soul then Jesus — You also are not true. Heaven, what emptiness.”

That may rattle some believers, but it is a welcome reminder that saints, too, are only human, and that stories of dauntless piety tend to be false. The letters — which Mother Teresa wanted destroyed — may help chip away at the lacquer of myth that has been adhering to her since well before her death in 1997.

They reveal, too, a cannily willful nun, who tested the limits of her vow of strict obedience in her campaign to win permission to leave her order, the Loreto Sisters, to found the Missionaries of Charity, with the radical goal of going outside convent walls to live among the poor of Calcutta’s slums. “Please let me go,” she wrote in one of many insistent letters to her archbishop. “If the work be all human, it will die with me, if it be all His it will live for ages to come. Souls are being lost in the meantime.”

When the archbishop relented, the rest became history, until the revelation of the pain that haunted her down the decades.

“I think there is no suffering greater than what is caused by the doubts of those who want to believe,” wrote Flannery O’Connor, the Roman Catholic author whose stories traverse the landscape of 20th-century unbelief. “What people don’t realize is how much religion costs. They think faith is a big electric blanket, when of course it is the cross. It is much harder to believe than not to believe.”

O’Connor suffered from isolation and debilitating illness, Mother Teresa from decades of spiritual emptiness. But — and here is the exemplary part, inspiring even by the standards of a secular age — they both shut up about it and got on with their work. Mother Teresa, sick with longing for a sense of the divine, kept faith with the sick of Calcutta. And now, dead for 10 years, she is poised to reach those who can at last recognize, in her, something of their own doubting, conflicted selves.

Tuesday, September 4, 2007

The Tablet
September 1, 2007

Outlook from the Outback

Stephen Crittenden

 A devastating critique of the Catholic Church in Australia recently published by one of the country's most respected bishops has ignited debate about its future and pushed the progressive majority of the Church back to prominence after years in the shadows

Like the rural horizons of Australia after the worst drought in 100 years, the Australian Church is tinder dry, and a retired auxiliary Bishop of Sydney, Geoffrey Robinson, may have lit the match. His new book, Confronting Power and Sex in the Catholic Church: reclaiming the spirit of Jesus (John Garrett Publishing, Melbourne), accuses the leadership of the Catholic Church of treating the clerical sexual crisis as something to be "managed" in the hope that it will go away and never be referred to again. He says that until it confronts the root causes of this crisis, the Church will continue to be crippled.

One of the most intelligent and capable of the Australian bishops, Geoffrey Robinson, 70, is a former lecturer in canon law and was seen by many as the logical successor to Cardinal Ted Clancy as Archbishop of Sydney. Erudite, shy, rather unsmiling, and certainly no wishy-washy liberal, he is esteemed by Australian Catholics for his integrity in coordinating the Church's national response to the abuse crisis in the late 1990s. I interviewed him for the Australian Broadcasting Corporation at that time, and his bleak and careworn demeanour left a deep impression.

Thanks to this book, we now know that he was struggling both with his own sexual abuse as a boy and his mounting frustration at Rome's silence and lack of support in relation to the crisis: "I eventually came to the point where I felt that, with the thoughts that were running through my head, I could no longer be a bishop of a Church about which I had such profound reservations."

[To read the rest, click here.]

Take a listen to this ...

Listen to what MOJ-reader and legal philosopher Steve Smith has to say about law's quandary, contemporary jurisprudence, and his book Law's Quandary.

Click here.

Fordham Center on Religion and Culture

18 September 2007, 6–8 p.m.
Fordham University • Pope Auditorium
113 West 60th Street • New York City

By September, the U.S. "surge" will have had over six months to make its mark. At that point what moral principles regarding war, peace and intervention will be applicable, and what will they dictate about future U.S. policy toward Iraq?

Four distinguished ethicists with different perspectives--Michael Walzer, Sohail Hashmi, Jean Bethke Elshtain, Gerard Powers--will frame the choices the nation faces. Trudy Rubin, veteran foreign affairs columnist for the Philadelphia Inquirer, will moderate.

Free and Open to the Public.

This Headline Forum will build on a major 2005 Fordham Center on Religion and Culture conference, "The Ethics of Exit," which examined the conditions for the morality of withdrawal from Iraq.

Read the transcript at: www.fordham.edu/religculture

Cosponsors:
The Fordham Center on Religion and Culture
Joan B. Kroc Institute for International Peace Studies, University of Notre Dame

R.S.V.P. [email protected] (212) 636-7347

Monday, September 3, 2007

Some More Labor Day Reading

In the new issue of The Tablet (Sept. 1, 2007), there is an interesting discussion of this new collection of essays:  Catholic Social Justice:  Theological and Practical Explorations (Continuum 2007).  Click here to read.

Saturday, September 1, 2007

This Is Pro-Life?!

New York Times
September 2, 2007

Safety Agency Faces Scrutiny Amid Changes
By ERIC LIPTON

WASHINGTON, Sept. 1 — In March 2005, the Consumer Product Safety Commission called together the nation’s top safety experts to confront an alarming statistic: 44,000 children riding all terrain vehicles were injured the previous year, nearly 150 of them fatally.

National associations of pediatricians, consumer advocates and emergency room doctors were urging the commission to ban sales of adult-size A.T.V.’s for use by children under 16 because the machines were too big and fast for young drivers to control. But when it came time to consider such a step, a staff member whose name did not appear on the meeting agenda unexpectedly weighed in.

“My own view is the situation is not necessarily deteriorating,” said John Gibson Mullan, the agency’s director of compliance and a former lawyer for the A.T.V. industry, according to a recording. The current system of warning labels and other voluntary safety standards was working, he said. “We would need to be very careful about making any changes.”

Robin L. Ingle, then the agency’s hazard statistician and A.T.V. injury expert, was dumbfounded. Her months of research did not support Mr. Mullan’s analysis. Yet she would not get to offer a rebuttal.

“He had hijacked the presentation,” Ms. Ingle said in an interview. “He was distorting the numbers in order to benefit industry and defeat the petition. It was almost like he still worked for them, not us.”

[To read the rest, click here.]

Friday, August 31, 2007

Chris Eberle Responds to Andy Koppelman, A Second Time

Here is Chris's first response to Andy Koppelman.

Here is Andy's reply.

Now, Chris responds again:

The claim that human beings have inherent dignity by virtue of their being loved by God does not commit me to deducing a normative conclusion from exclusively factual premises.  Certainly not to deducing any conclusion about moral 'obligation' solely from factual premises.  After all, the claim that each human being has inherent dignity is a claim about excellence or goodness, not obligation, and so cannot violate the no ought from is dictum (which I accept in some formulation).

Nevertheless, the claim that the inherent dignity of each human being is grounded on the property of being loved by God does involve some claim about the supervenience of the moral on the non-moral, viz., that all moral/normative properties are grounded on some sufficient non-moral features.  (They are not deduced from, they are metaphysically grounded on, non-moral properties.)  So, for example, a person who has the virtue of courage has that virtue *by virtue* of her having some other features that are distinct from the virtue itself -- a set of dispositions or habits that enable her reliably to respond to danger in such and such specified ways.  Possession of those habits or dispitions grounds the virtue -- a person's possession of those features is what makes it the case that she has the virtue of courage.  People don't just have the virtue of courage, full stop.  They have that virtue *by virtue* of something else.

Similarly for inherent dignity -- if human beings have inherent dignity, then they have it by virtue of some property they share -- some property distinct from inherent dignity itself.  Of course, you might deny that all human beings have inherent dignity -- there's a long a venerable tradition of doing so.  And then you'll not be interested in Michael's position -- he *assumes* that people have inherent worth and then asks -- by virtue of what do they have that most wonderful property?  He gives a theistic answer to that question.  Perhaps that is wrong.  Fair enough.  Then we'll want to know what does make it the case that human beings have inherent dignity -- what plausible secular account if there for that property?  Presumably secularists, and even those who affirm the dictum that we can't derive an ought from an is, will want to say something about what it is about human beings by virtue of which they have inherent worth -- even if they are satisfied by the claim that inherent worth supervenes on membership in the human species.

So, in short, Andrew's appeal to the claim that we can't derive an ought from an is, or a good from an is, doesn't settle the question to which Perry provides his theistic answer since the issue has nothing to do with  inferences or deductions in the first place.