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.

Wednesday, February 14, 2007

The Times, They Are A-Changin'

New York Times
February 14, 2007

The Greatest Generation Learns About Great Safe Sex
By COREY KILGANNON   

The sex educators had come to a Queens housing complex to discuss condoms and foreplay and sexually transmitted diseases.

Those assembled were told that their demographic was showing increases in sexual activity and an accompanying rise in promiscuity, homosexuality and H.I.V. infection.

As the teacher, Monique Binford, delved into an unexpurgated discussion covering issues from vaginal dryness to Viagra, one student’s cane clattered to the floor, another student adjusted his hearing aid and a third fidgeted in her orthopedic shoes. By the time Ms. Binford got around to describing a safe sexual act involving Saran Wrap, a woman shouted, “Enough, already!” and the room erupted in laughter.

The sex educators had news for this class of 40 people in their 70s and 80s, just in time for Valentine’s Day: Older folks are friskier than ever, and it’s never too late to learn about safe sex.

Sexually speaking, said Norm Sherman, who organized the presentation, “It ain’t over till it’s over.”

The class last Wednesday, for residents of what is known as a “naturally occurring retirement community” at the Queensview and North Queensview co-op complexes in Long Island City, was run by Selfhelp Community Services, a nonprofit agency that provides services for the elderly across New York City.

The group’s leaders said they started sex-education courses in January after noticing an increase in sexual activity among their elderly clients, something they attribute to the popularity of Viagra and testosterone supplements as well as women shedding the idea that sex is shameful. Along with the increase in sexual activity at senior residences, nursing homes and assisted living facilities, there are increased complications because of lack of knowledge, said Becky Bigio, another of the educators.

A recent survey of people 45 and older, conducted by AARP, reported a sharp increase over the past several years of men using sex-enhancing drugs, and observed a corresponding “re-awakening” among women, who said their own sexual satisfaction had been enhanced. The study concluded that health care providers and patients were in need of sex education.

Indeed, not one of the students raised a hand when Ms. Binford asked who had been to a class before where someone had demonstrated how to put on a condom.

Ms. Bigio said many older people experience problems when resuming sexual activity after a long layoff, as when widows begin new relationships after long marriages that had perhaps slowed down sexually. Then there are sexually transmitted diseases spread by newly promiscuous Viagra takers, often undetected by doctors presuming that older patients are not sexually active.

“We feel this is getting to be an area you can no longer ignore,” Ms. Bigio told the group. In her presentation, Ms. Binford said she had also seen an uptick in homosexual activity among the elderly, and that more and more older people were being diagnosed with H.I.V., citing the recent case of an 82-year-old woman in the Bronx.

{To read the rest of this interesting article, click here.]

Friday, February 9, 2007

Any MOJ Readers in Manhattan on February 20?

If so, come on over to the Lincoln Center Campus of Fordham University:

The Spring 2007 Natural Law Colloquium Lecture
February 20, 2007 (Tuesday)
McNally Amphitheatre, Fordham Law School

Michael J. Perry (Emory University School of Law)
"Natural Law and Human Rights:
Why, contra Finnis, Natural Law Needs Religion"


Commentators:
James E. Fleming, Fordham University School of Law
Linda McClain, Hofstra University School of Law
Charles Kelbley, Fordham Department of Philosophy and School of Law


This lecture is free and open to the public, and will be followed by a reception.  Attorneys may obtain CLE credits (2 non-transitional ethics credits) for attending this event.  The cost for CLE credit is $65 (or $55 for Fordham Law Alumni & public interest attorneys).
In order to register for CLE credit, please send any e-mail note to [email protected], or visit the following web-site and browse to the program for February 20, 2007:
http://law.fordham.edu/calendar.htm


A reception will immediately follow the lecture and discussion.

Thursday, February 8, 2007

American Exceptionalism?

Sightings  2/8/07

On the Migration of Religious Ideas
-- W. Clark Gilpin

The current issue of the New York Review of Books contains a probing article by the noted author and columnist on international relations, William Pfaff.  Entitled "Manifest Destiny: A New Direction for America," Pfaff's essay excoriates the Bush administration for pursuing its international economic and political goals "by means of internationally illegal, unilateralist, and preemptive attacks on other countries, accompanied by arbitrary imprisonments and the practice of torture, and by making the claim that the United States possesses an exceptional status among nations that confers upon it special international responsibilities, and exceptional privileges in meeting those responsibilities."  Increasingly, the American public is joining the international community in criticizing the catastrophic folly of President Bush's violent efforts to impose his vision of democratic virtue.  "A claim to preeminent political virtue is a claim to power," Pfaff rightly observes, "a demand that other countries yield to what Washington asserts as universal interests."

For Sightings, however, with its mandate to identify and assess the role of religion in public affairs, another aspect of Pfaff's essay holds particular interest.  How is it, Pfaff wants to know, that President Bush's political, journalistic, and foreign policy critics find themselves "hostage to past support of his policy and to their failure to question the political and ideological assumptions upon which it was built?"  The ideological assumptions, Pfaff recognizes, have deep roots in an American religious history that has generated a national myth of exceptional mission and destiny.  Pfaff locates the origins of this national myth in the religious beliefs of the New England Puritans and synoptically observes its later appearances in nineteenth-century ideas of manifest destiny, Woodrow Wilson's idealism regarding the League of Nations, and the Cold War rationale for American international involvement, "interpreted in quasi-theological terms by John Foster Dulles." 

The myth-building energies of religious ideas are a perennial source of hope in a world all too frequently cruel and difficult.  Simultaneously, these energies combine with the human will to power to generate many of these very cruelties and difficulties.  Theologians through the centuries have therefore constrained and counterbalanced visions of future possibility with more austere spiritual norms.  Among the New England Puritans, for instance, the first governor of Massachusetts Bay, John Winthrop, did not simply announce that the colony would be "as a city upon a hill" but immediately followed with the warning that the people's failure to observe their covenant with God would invite the wider world to "speak evil of the ways of God and all professors for God's sake."  Embarking on their mission, these Puritans insisted that humility was the "fundamental grace" and the gateway to all the virtues, and they agreed completely with the great Puritan poet John Milton that the primordial sin was pride.

The "failure to question the political and ideological assumptions" of the Bush administration, therefore, lies not only with Congress, the media, and the foreign policy community.  In addition, the public responsibility of the theologian entails appraisal of the role of religious ideas in the formation of ideological assumptions.  When religious vision migrates from its theological context, amidst the constraining and countervailing spiritual norms of responsible humility and wariness of pride as the deepest fault, its hope-engendering powers become perilous indeed.

References:
William Pfaff's article "Manifest Destiny: A New Direction for America" (New York Review of Books, February 15, 2007) can be read at: http://www.nybooks.com/articles/19879.

W. Clark Gilpin is Margaret E. Burton Professor of the History of Christianity and Theology at the University of Chicago Divinity School.
----------
Sightings comes from the Martin Marty Center at the University of Chicago Divinity School.

Freeing God's Children

Thanks to an enthusiastic recommendation by Chris Eberle (Naval Academy, Philosophy), I tracked down this book, and now want to join Chris in recommending it, enthusiastically, to MOJ readers:

Allen D. Hertzke, Freeing God's Children:  The Unliklely Alliance for Global Human Rights (2004).

From Publishers Weekly
Why would liberal Jewish groups team up with conservative Pentecostals to fight human rights abuses? What issues might prompt the Catholic Church to work together with Tibetan Buddhists? In this engaging book, Hertzke, who teaches religion and political science at the University of Oklahoma, argues that 21st-century religious and political activism has made for some strange bedfellows. As religious persecution increases in Africa, Asia and other parts of the world—and most of the West continues to ignore the mounting death toll—some courageous people have banded together to fight for religious freedom and human rights around the world. With surprisingly accessible writing and memorable stories of activists and the victims of religious persecution, Hertzke explores the rise of unexpected religious alliances in the struggles against sex trafficking, against the persecution of Christians in Indonesia and elsewhere, and against the atrocities in Sudan and the repression in Tibet. One startling trend that emerges is the new interest America’s evangelical Christians have evinced in world issues. Hertzke paints a fascinating, and ultimately optimistic, picture of the way that individuals of many different religious backgrounds have chosen to work together on human rights issues. In doing so, he analyzes a neglected aspect of the paradigm shift in religion today, in which affiliation matters far less than ideological affinity.
Copyright © Reed Business Information, a division of Reed Elsevier Inc. All rights reserved.      

Book Description
Given unprecedented insider access, author Allen D. Hertzke charts the rise of this faith-based movement for global human rights and tells the compelling story of the personalities and forces, clashes and compromises, strategies and protests that shape it. In doing so, Hertzke shows that by raising issues such as global religious persecution, Sudanese atrocities, North Korean gulags, and sex trafficking the movement is impacting foreign policy around the world.

Monday, February 5, 2007

My colleague, the Dalai Lama ...

New York Times
February 5, 2007

Dalai Lama Gets Prof's Chair at Emory
By THE ASSOCIATED PRESS

ATLANTA (AP) -- The Dalai Lama, exiled spiritual leader of Tibet, has been named a presidential distinguished professor at Emory University, school officials said Monday.

It's the first university appointment the winner of the 1989 Nobel Peace Prize has accepted, the university said.

The Tibetan leader said in a university statement that he looks forward to offering his services to students and the community.

''I firmly believe that education is an indispensable tool for the flourishing of human well-being and the creation of a just and peaceful society, and I am delighted to make a small contribution in this regard through this appointment,'' he said.

He is expected to deliver his inaugural lecture during an Oct. 20-22 visit to the university, and to participate in a conference on science and spirituality and an interfaith session on religion.

Emory also is creating a fellowship in the Dalai Lama's name to fund annual scholarships for Tibetan students who attend its undergraduate and graduate schools.

------

On the Net:

Dalai Lama/Emory: http://www.dalailama.emory.edu/

Thursday, February 1, 2007

From dot.Commonweal

[I thought that this post, by Grant Gallicho over at dotCommonweal, was worth reproducing here.]

Brzezinski's showstopper

February 1, 2007, 3:05 pm

Here is the must-read statement delivered by Zbigniew Brzezinski in today's Senate Foreign Relations Committee hearing. It's long, I realize, but stick with it. Take it all in.

Your hearings come at a critical juncture in the U.S. war of choice in Iraq, and I commend you and Senator Lugar for scheduling them.

It is time for the White House to come to terms with two central realities:

1. The war in Iraq is a historic, strategic, and moral calamity. Undertaken under false assumptions, it is undermining America's global legitimacy. Its collateral civilian casualties as well as some abuses are tarnishing America's moral credentials. Driven by Manichean impulses and imperial hubris, it is intensifying regional instability.

2. Only a political strategy that is historically relevant rather than reminiscent of colonial tutelage can provide the needed framework for a tolerable resolution of both the war in Iraq and the intensifying regional tensions.

If the United States continues to be bogged down in a protracted bloody involvement in Iraq, the final destination on this downhill track is likely to be a head-on conflict with Iran and with much of the world of Islam at large. A plausible scenario for a military collision with Iran involves Iraqi failure to meet the benchmarks; followed by accusations of Iranian responsibility for the failure; then by some provocation in Iraq or a terrorist act in the U.S. blamed on Iran; culminating in a "defensive" U.S. military action against Iran that plunges a lonely America into a spreading and deepening quagmire eventually ranging across Iraq, Iran, Afghanistan, and Pakistan.

A mythical historical narrative to justify the case for such a protracted and potentially expanding war is already being articulated. Initially justified by false claims about WMD's in Iraq, the war is now being redefined as the "decisive ideological struggle" of our time, reminiscent of the earlier collisions with Nazism and Stalinism. In that context, Islamist extremism and al Qaeda are presented as the equivalents of the threat posed by Nazi Germany and then Soviet Russia, and 9/11 as the equivalent of the Pearl Harbor attack which precipitated America's involvement in World War II.

This simplistic and demagogic narrative overlooks the fact that Nazism was based on the military power of the industrially most advanced European state; and that Stalinism was able to mobilize not only the resources of the victorious and militarily powerful Soviet Union but also had worldwide appeal through its Marxist doctrine. In contrast, most Muslims are not embracing Islamic fundamentalism; al Qaeda is an isolated fundamentalist Islamist aberration; most Iraqis are engaged in strife because the American occupation of Iraq destroyed the Iraqi state; while Iran -- though gaining in regional influence -- is itself politically divided, economically and militarily weak. To argue that America is already at war in the region with a wider Islamic threat, of which Iran is the epicenter, is to promote a self-fulfilling prophecy.

Deplorably, the Administration's foreign policy in the Middle East region has lately relied almost entirely on such sloganeering. Vague and inflammatory talk about "a new strategic context" which is based on "clarity" and which prompts "the birth pangs of a new Middle East" is breeding intensifying anti-Americanism and is increasing the danger of a long-term collision between the United States and the Islamic world. Those in charge of U.S. diplomacy have also adopted a posture of moralistic self-ostracism toward Iran strongly reminiscent of John Foster Dulles's attitude of the early 1950's toward Chinese Communist leaders (resulting among other things in the well-known episode of the refused handshake). It took some two decades and a half before another Republican president was finally able to undo that legacy.

One should note here also that practically no country in the world shares the Manichean delusions that the Administration so passionately articulates. The result is growing political isolation of, and pervasive popular antagonism toward the U.S. global posture.

It is obvious by now that the American national interest calls for a significant change of direction. There is in fact a dominant consensus in favor of a change: American public opinion now holds that the war was a mistake; that it should not be escalated, that a regional political process should be explored; and that an Israeli-Palestinian accommodation is an essential element of the needed policy alteration and should be actively pursued. It is noteworthy that profound reservations regarding the Administration's policy have been voiced by a number of leading Republicans. One need only invoke here the expressed views of the much admired President Gerald Ford, former Secretary of State James Baker, former National Security Adviser Brent Scowcroft and several leading Republican senators, John Warner, Chuck Hagel, and Gordon Smith among others.

The urgent need today is for a strategy that seeks to create a political framework for a resolution of the problems posed both by the US occupation of Iraq and by the ensuing civil and sectarian conflict. Ending the occupation and shaping a regional security dialogue should be the mutually reinforcing goals of such a strategy, but both goals will take time and require a genuinely serious U.S. commitment.

The quest for a political solution for the growing chaos in Iraq should involve four steps:

1. The United States should reaffirm explicitly and unambiguously its determination to leave Iraq in a reasonably short period of time.

Ambiguity regarding the duration of the occupation in fact encourages unwillingness to compromise and intensifies the on-going civil strife. Moreover, such a public declaration is needed to allay fears in the Middle East of a new and enduring American imperial hegemony. Right or wrong, many view the establishment of such a hegemony as the primary reason for the American intervention in a region only recently free of colonial domination. That perception should be discredited from the highest U.S. level. Perhaps the U.S. Congress could do so by a joint resolution.

2. The United States should announce that it is undertaking talks with the Iraqi leaders to jointly set with them a date by which U.S. military disengagement should be completed, and the resulting setting of such a date should be announced as a joint decision. In the meantime, the U.S. should avoid military escalation.

It is necessary to engage all Iraqi leaders -- including those who do not reside within "the Green Zone" -- in a serious discussion regarding the proposed and jointly defined date for U.S. military disengagement because the very dialogue itself will help identify the authentic Iraqi leaders with the self-confidence and capacity to stand on their own legs without U.S. military protection. Only Iraqi leaders who can exercise real power beyond "the Green Zone" can eventually reach a genuine Iraqi accommodation. The painful reality is that much of the current Iraqi regime, characterized by the Bush administration as "representative of the Iraqi people," defines itself largely by its physical location: the 4 sq. miles-large U.S. fortress within Baghdad, protected by a wall in places 15 feet thick, manned by heavily armed U.S. military, popularly known as "the Green Zone."

3. The United States should issue jointly with appropriate Iraqi leaders, or perhaps let the Iraqi leaders issue, an invitation to all neighbors of Iraq (and perhaps some other Muslim countries such as Egypt, Morocco, Algeria, and Pakistan) to engage in a dialogue regarding how best to enhance stability in Iraq in conjunction with U.S. military disengagement and to participate eventually in a conference regarding regional stability.

The United States and the Iraqi leadership need to engage Iraq's neighbors in serious discussion regarding the region's security problems, but such discussions cannot be undertaken while the U.S. is perceived as an occupier for an indefinite duration. Iran and Syria have no reason to help the United States consolidate a permanent regional hegemony. It is ironic, however, that both Iran and Syria have lately called for a regional dialogue, exploiting thereby the self-defeating character of the largely passive -- and mainly sloganeering -- U.S. diplomacy.

A serious regional dialogue, promoted directly or indirectly by the U.S., could be buttressed at some point by a wider circle of consultations involving other powers with a stake in the region's stability, such as the EU, China, Japan, India, and Russia. Members of this Committee might consider exploring informally with the states mentioned their potential interest in such a wider dialogue.

4. Concurrently, the United States should activate a credible and energetic effort to finally reach an Israeli-Palestinian peace, making it clear in the process as to what the basic parameters of such a final accommodation ought to involve.

The United States needs to convince the region that the U.S. is committed both to Israel's enduring security and to fairness for the Palestinians who have waited for more than forty years now for their own separate state. Only an external and activist intervention can promote the long-delayed settlement for the record shows that the Israelis and the Palestinians will never do so on their own. Without such a settlement, both nationalist and fundamentalist passions in the region will in the longer run doom any Arab regime which is perceived as supportive of U.S. regional hegemony.

After World War II, the United States prevailed in the defense of democracy in Europe because it successfully pursued a long-term political strategy of uniting its friends and dividing its enemies, of soberly deterring aggression without initiating hostilities, all the while also exploring the possibility of negotiated arrangements. Today, America's global leadership is being tested in the Middle East. A similarly wise strategy of genuinely constructive political engagement is now urgently needed.

It is also time for the Congress to assert itself.

by Grant Gallicho

Wednesday, January 31, 2007

Response to Rick's Query

Capital Punishment, Rick.  It shows the Tradition in development, enables you to distingsuish the position of John Paul II, which is a bit ahead of the Tradition on the issue, from the  present position of the Tradition, and, above all, permits you to discuss a issue of cardinal importance for LAW STUDENTS.  (Invite Richard Posner to participate in the discussion!)

Tuesday, January 30, 2007

An Item of Interest

[Another interesting item from MOJ friend Gerry White (Trinity College Dublin, Law):]

Cardinal Martini and Euthanasia: When It Is Licit to Cut Life Short
For the former archbishop of Milan, the seriously ill person has at every moment the right to interrupt the care that keeps him alive. No, objects the president of the Pontifical Academy for Life. But the real clash is between Martini and the pope

by Sandro Magister


ROMA, January 30, 2007 – Just nine months after the bombshell manifesto of opposition to the reigning pope published in the Italian weekly “L’espresso” – on artificial insemination, embryos, abortion, euthanasia – cardinal Carlo Maria Martini has returned to the last of these topics, euthanasia, with an article that appeared on January 21 on the front page of the Sunday edition of “Il Sole 24 Ore,” the leading economics and finance newspaper in Italy, and one of the most important in all of Europe.

This time as well his statements have been interpreted as a criticism of the papal line of absolute opposition to intentionally caused “gentle death.”

And again this time – like nine months ago – the official Catholic media have shrouded cardinal Martini’s statements in silence, while the secular media have amplified them.

But a controversy that pits the highest leaders of the worldwide Church against each other with conflicting positions on topics of such importance cannot remain hidden within the Church itself.

It is a controversy with its own concrete proximate cause, background, and developments.

[To read the rest of this interesting article, click here.]

Monday, January 29, 2007

Controversy at Duquesne Law School

The Chronicle of Higher Education
January 29, 2007

Duquesne U. Ban on Politicians at Commencement Draws Protest Petition From Law Students

By KATHERINE MANGAN

Law students at Duquesne University were circulating a petition on Friday protesting a decision to bar two likely presidential candidates and a Pennsylvania congressman from speaking at the law school's commencement this spring.

The university's president, Charles J. Dougherty, said that three of the speakers whom the law dean, Donald J. Guter, had proposed inviting were inappropriate because their political views might offend people, and their beliefs might be at odds with the Roman Catholic Church's teachings.

In a letter to administrators of the Catholic university, Mr. Dougherty explained why he would not allow invitations to be sent to Sen. Barack Obama, an Illinois Democrat; Sen. John McCain, an Arizona Republican; or Rep. John P. Murtha, a Democrat from Pennsylvania. The two senators are regarded as leading contenders for their party's presidential nominations in 2008, although neither has officially declared his candidacy. Mr. Murtha is a strong critic of the Iraq war.

"I had two reasons for disapproving the politicians," the president wrote. "First, I believe that a high-profile partisan political figure is inappropriate for a commencement speaker. Anyone of that description, including all three proposed, is sure to offend large numbers in the audience."

"Even if such a speaker steers clear of political content," Mr. Dougherty continued, "it makes a political statement that we provided them an occasion and a platform -- and one in which there is no possibility for dialogue or the expression of alternative points of view." He said the university had no objection to inviting politicians and policy makers to discuss controversial ideas in forums where different sides could be aired.

The second reason, he said, "is the likelihood that some or all of these politicians have taken public positions on issues in opposition to Catholic church teachings."

"I have not done the research on these individuals to know this is true," he said, "but this possibility is another good reason to avoid politicians as commencement speakers."

The president did approve of Mr. Guter's fourth candidate to speak: Alberto J. Mora, a former general counsel of the U.S. Navy.

Mr. Guter, who became the law dean in 2005 after a high-profile career in the Navy, said he was new to academe but found the president's objections puzzling.

"Each person I invited I felt we had a reasonable chance of getting because I had either worked with him or worked with someone who worked with him," the dean said on Friday. He said he had approached the offices of the four men and asked staff members if their bosses would be interested in speaking. In each case, the answer was either yes or maybe. Mr. Guter had not, however, extended a formal invitation to anyone.

"My intent was to go to the president and ask for blanket approval for all of them and see who could come," he said.

Last year the Duquesne administration did not oppose another politician Mr. Guter invited as graduation speaker: Sen. Lindsey O. Graham, a Republican from South Carolina. "I must have missed a meeting when the policy changed," Mr. Guter said.

He added that he felt the candidates' views on topics like abortion were "non-issues" because they would not be mentioned during a commencement speech.

"Besides," he said, "I don't think Senator Obama has done anything to promote abortion, but he has written about the need to do everything possible to reduce the need for a woman to have an abortion."

The petition being circulated on Friday called on the president to reconsider his decision.

Michael V. Quatrini, a third-year law student and president of the school's Student Bar Association, was among those who objected to Mr. Dougherty's stance.

"I find it ridiculous," Mr. Quatrini said. "Barack Obama wouldn't be there to discuss gay marriage or any social policy the Catholic church is for or against. Graduation speakers are there to give us guidance and inspiration, and it seems crazy to pass up the opportunity to have someone of their stature here."

More on the Controversy in the U.K.

The Guardian
January 29, 2007


These US-style culture wars seeping into Britain are an absurd distraction.
Hysteria over the gay adoption row, while Iraq is barely debated, reflects a wider insecurity among liberal progressives.
By Madeleine Bunting

On the same day as parliament was having its first debate for two and a half years on the Iraq war, the row blew up over the Catholic church's plea for exemption on allowing gay couples to adopt. No prizes for guessing which issue dominated the front pages, the blogs and the airwaves. While gay adoption and Catholicism prompted a vigorous, passionate debate, the one about the Iraq war languished down the running order.

Of course, it's daft. A war that has cost more than half-a-million lives and destabilised one of the most volatile regions of the world is finally being debated in the institution that purports to be at the heart of our democracy. Huge questions are at stake about the nature of Britain's relationship with America, the future of the Middle East and the lives of our servicemen. But a horrible combination of frustration, fear and fatigue has killed off our appetite to consider the Iraq war. In sharp contrast, gay adoption and Catholicism is an issue that will materially affect only a handful of people (no gay couple in their right minds wanting to adopt would approach a Catholic agency) but the set piece battle it provoked attracted huge attention.

Even odder, a cabinet and party which have faithfully followed Tony Blair into the Iraq war, whose squeaks of opposition to his "war on terror" have been so sotto voce as to be barely audible, suddenly discovered their voice last week. For several days, the rebels valiantly took to the airwaves to stand their ground in defence of the Equality Act - Lord Falconer, Peter Hain, Jack Straw and Alan Johnson. Their stolid defiance of alleged Downing Street sympathy for the Catholic church was welcome. But why now, why over this particular issue?

An important principle was at stake, of course. What's the point of an anti-discrimination law that allows exemptions to carry on discriminating? But the incident also illustrates how it's not just Blair who is thinking about his legacy. Many of his colleagues are also reflecting on a near-decade of dutiful loyalty and asking what it has achieved. In the tally, the Equality Act - along with other measures such as civil partnerships, the Human Rights Act and age discrimination - is a powerful balm for consciences bruised from years of marching obediently into the government lobby.

Historians will be able to pick apart Labour's poor record on tackling inequality and encouraging social mobility, its emasculation of democracy and fudged constitutional reform before even starting on its foreign policy. But the advances in human rights will represent Labour's most radical and courageous legacy. The parallel with the Labour governments of the 60s and 70s is striking. Their most enduring achievements were also in civil rights - decriminalisation of homosexuality, race relations and gender equality.

It is as if Labour has been hedged about by an economic system largely beyond its manipulation and it is only in the field of human rights that it finds scope to attempt to reshape society. Only in the area of human rights and anti-discrimination do Labour governments lead from the front, ahead of popular consensus, rather than trying to divine it from focus groups and faithfully reflect it.

Last week's rumpus was about much more than just an uppity cardinal, it was also one of those moments in public life snatched as an opportunity beyond Westminster for a bigger purpose. The hapless villain of the piece - the Catholic church - offered the perfect foil for a demonstration of liberal progressive moral superiority. The blogs hummed with an outpouring of anti-Catholic bile. Catholicism was lambasted as antediluvian, anachronistic and bigoted. In contrast, liberal progressives came out shining with moral fervour. Faith - of all varieties - has become one of the phenomena against which a demoralised post-socialist centre-left chooses to define itself.

AC Grayling offered a masterpiece of the genre on the Guardian's blog site, Comment is Free, in which he bewailed the "enslavement of the European mind by the absurdities of Christianity". He blamed Christianity for a thousand years of dark ages - for the daub and wattle instead of Roman arches and domes. "A struggle to escape the church's narrow ignorance and oppression saw the rebirth of classical learning ... in the Renaissance." Advances in learning and freedoms since are in jeopardy "now that toleration and secularity has allowed the cancers of organised superstition to regrow ... and in battling to stop progress, to return us to the dark of prejudice and irrationality".

Grayling's comic-book history is so extreme that it's funny. It wilfully omits how Christianity (and, incidentally, Islam) has fostered learning and science (even arches and domes) in Europe for hundreds of years - as well as providing the foundations for human rights and secularism itself. But it is his claim of the west's steady march of progress to the happy lands of a universal ideal of rationality and freedom that strikes so hollow. The more vehemently one hears liberal progressives claim progress, the more one wonders who they are trying to convince.

Increasingly, the stridency with which the non-religious attack the religious belies their own profound insecurity - that the progress they like to attribute to western or enlightenment values is a much-compromised property. It is challenged by almost everything we see around us: climate change, rising levels of mental ill-health, growing economic inequality fuelled by debt and hyper-consumerism. As Oliver James's new book, Affluenza, makes clear, the nostrums of the west's "good life" - success, fame, wealth - mask an extraordinary vacuity of purpose, a desperate, restless discontent.

Even on a more prosaic level, Jade Goody and Branscombe beach have been such absorbing spectacles because they echo our fear that the "progress" of rationality and freedom has done nothing to enlarge the human spirit. Indeed, the "larger freedoms of mind and action" of secular Europe cited by Grayling have proved just as much a licence for egotism as for noble achievement.

Having abdicated so much ground in political life - particularly over the economy - liberal progressives have to scrabble together another way to define their notion of progress, and they have recycled old anti-clericalism to attack religion. Faith has become a curiously faddish target in a new, ersatz politics. Judging by the outcry over the past few days, Catholics, or Christians in general, are lurking on every street corner to deprive the English of their most cherished liberties, as they have done all through history. The National Secular Society even raised the cry of English kings down the centuries last week: "Who runs Britain - the government or the Vatican?"

A version of America's culture wars has seeped into Britain, with edges of the same sort of hysteria that is all the more wildly misplaced in a country - as the British Social Attitudes survey last week reminded us - in which the majority is resolutely uninterested in religion. For those caught in the middle of this megaphone battle, sympathetic to the advance in human rights but alienated by the arrogant superiority claimed by liberal progressives and their diatribes against faith, it's an absurd distraction.