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.

Friday, September 29, 2006

Has everyone forgotten?????

I shouldn't have to be the one to do it, but, hey, I'm not complaining.

Question:  This day--September 29--is the feast day of whom?

Answer:

St. Michael, the Archangel

Feastday:  September 29

St. Michael, the Archangel
St. Michael, the Archangel

St. Michael, the Archangel - Feast day - September 29th The name Michael signifies "Who is like to God?" and was the warcry of the good angels in the battle fought in heaven against satan and his followers. Holy Scripture describes St. Michael as "one of the chief princes," and leader of the forces of heaven in their triumph over the powers of hell. He has been especially honored and invoked as patron and protector by the Church from the time of the Apostles. Although he is always called "the Archangel," the Greek Fathers and many others place him over all the angels - as Prince of the Seraphim. St. Michael is the patron of grocers, mariners, paratroopers, police and sickness.

For Robert Araujo and Others

Thanks so much to Robert for his post.  Robert pointed out that he and other non-subscribers to TNR are unable to access the article, so let me post it here in full.  (I hope I'm not breaking any copyright laws!)

(This seems an opportune moment to emphasize again that the fact I post something does *not* mean that I agree with it.  I post things I think will be of interest to MOJ-readers.)

What Benedict really said.

Paleologus and Us

by David Nirenberg
Post date: 09.28.06
Issue date: 10.09.06
 

qFaith, Reason, and the University: Memories and Reflections"--the title seems an unlikely one for a papal speech that has triggered protests, even violence, across large parts of the Muslim world. Benedict XVI's remarks, made on September 12 at the University of Regensburg, where he was once a professor, have been denounced by the parliament of Pakistan, protesters in India, Iraq's Sunni leadership, the top Shiite cleric of Lebanon, the prime minister of Malaysia, and the president of Indonesia, among many others. Less verbal critics (that is putting it much too politely) have thrown firebombs at churches in the West Bank and murdered a nun in Somalia. In Turkey, where the pope is scheduled to visit in November, the deputy leader of the governing Islamic party characterized Benedict's thinking as dark and medieval, the result of a Crusader mentality that "has not benefited from the spirit of reform in the Christian world," and predicted that "he is going down in history in the same category as leaders such as Hitler and Mussolini." 

It is the rare homily, and certainly the rare academic talk, that triggers firebombs and comparisons to Hitler. So what did the pope actually say? At the center of the storm are a few lines of his remarks, quoted from the "dialogue with a Muslim" that the Byzantine emperor Manuel II Paleologus claimed to have had in the winter of 1391-1392:

Show me just what Muhammad brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached.... God is not pleased by blood.... Faith is born of the soul, not the body. Whoever would lead someone to faith needs the ability to speak well and reason properly, without violence and threats. ... To convince a reasonable soul, one does not need a strong arm, or weapons, or any other means of threatening a person with death.

Muslim anger has concentrated on the first words of the papal citation, about Muhammad's essential inhumanity. In response to this anger, the papal palace duly announced that His Holiness's respect for Islam as a religion remains undiminished. Vatican spokesmen insisted that the offending line was incidental to the pope's broader message, and that he was not endorsing the medieval emperor's views, but simply quoting a historical text to make a historical point. In his extraordinary expression of regret on September 17, the pope himself adopted this position, declaring that "these were in fact quotations from a medieval text, which do not in any way express my personal thought." "The true meaning of my address in its totality," Benedict continued, "was and is an invitation to frank and sincere dialogue, with great mutual respect." Many in the First World will be inclined to accept the pope's clarification. Though few of them will say it openly (except perhaps Silvio Berlusconi), the violence following Benedict's comment will only confirm for them the legitimacy of his portrait of Islam. Hasyim Muzadi, the head of Indonesia's largest Muslim organization, was right to warn his coreligionists that a violent response to Benedict's words would only have the effect of vindicating them.

Still, we need to ask why, if the medieval text is so incidental to Benedict's argument and he does not endorse its meaning, he cited it at all. It was certainly not owing to the text's originality. The emperor's attack on Muhammad as a prophet of violence is among the oldest of Christian complaints (we might even say stereotypes) about Islam and its founder. Already during Islam's early conquests in the seventh century, Christians were suggesting that its spread by the sword was sufficient proof that Muhammad was a false prophet. Of course we cannot blame medieval Christians conquered by Islam for characterizing it as a violent religion, any more than we can blame medieval Muslims for later failing to appreciate the claims of Christian crusaders that their breaking of Muslim heads was an act of love. The history of the alliance of monotheism with physical force is both venerable and ecumenical. The question is, why in our troubled times did Benedict choose to bring the world's attention to the unoriginal words of this Byzantine emperor? 

One answer is that Turkey has long been on the pontiff's mind. Readers may recall then-Cardinal Ratzinger's interview with Le Figaro in 2004 in which he commented that Turkey should not be admitted to the European Union "on the grounds that it is a Muslim nation" and historically has always been contrary to Europe. Courtesy Bibliotheque NationaleLike Ratzinger, Manuel II Paleologus also worried about keeping the Turks out of Europe. As the antepenultimate emperor of Byzantium and the last effective one (he ruled from 1391 to 1425; Byzantium fell in 1453), he spent his life fighting--sometimes in the Muslim armies, but mostly against them--in the final great effort to keep Constantinople from becoming Istanbul. He traveled across Europe as far as London in a vain attempt to awaken the Latin West to the growing threat to European Christendom in the East. And he wrote letters and treatises (such as his Dialogue With a Muslim) against Islam, rehearsing for his beleaguered subjects all the arguments against the religion of their enemies. For all these reasons, history remembers the emperor Manuel as an exemplary defender of Christian Europe against Islam. In 2003, in fact, there appeared a German translation of Dialogue With a Muslim, and the book's editor states in his preface that the work is being published in order to remind today's readers of the dangers that Turkey poses to the European Union. The pope may have been making a similar point.

The emperor may serve the pope as a historical allegory, but the specific meaning of his words is useful as well. It is true that Manuel's sentence about Muhammad's inhumanity is incidental to Benedict's arguments. It was doubtless included for the simple reason that it opened the portion of the text that Benedict wanted to use. (Fortunately, he did not quote the preceding paragraphs of Manuel's treatise, which present Muhammad's teachings as plagiarisms and perversions of Jewish law.) But the medieval emperor's claim that Islam is not a rational religion--"To convince a reasonable soul, one does not need a strong arm"--lies at the heart of the pope's lecture, and of his vision of the world. That vision should be a disturbing one, not only for Muslims but for adherents of other religions as well.

In order to understand why, we need to unpack the pope's learned thesis, which will be immediately intelligible to connoisseurs of German academic theology and to almost no one else. (The pope's website promises that footnotes are forthcoming.) Simply put, the theological argument is this: Catholic Christianity is the only successful blend of "Jewish" obedience to God (faith) with Greek philosophy (reason). This marriage of faith and reason, body and spirit, is what Benedict, following a long Christian tradition, calls the "logos," the "word of God." 

The pope chose to make his point about the special greatness of his own faith through the negative example of Islam, which he claims has not achieved the necessary synthesis. Like Judaism, Islam in his view has always been too concerned with absolute submission to God's law, neglecting reason. It was to make this point that Benedict invoked his reading of Manuel II Paleologus, which he supplemented with an allusion to the claim by Ibn Hazm (systematically misspelled by the Vatican as Hazn) that an omnipotent God is not bound by reason. Like Manuel, Ibn Hazm (994-1064) is an interesting authority for Benedict to have chosen. He, too, lived through the collapse of his civilization, in his case the Muslim Caliphate of Cordoba. He, too, produced a defense of his faith against its rising foes, though his took the form not of a dialogue but of a massive history of religions, charting the eternal struggle of the godly against the evils of Judaism and Christianity. This view of history, together with his adherence to a Zahiri sect of Islam that emphasized obedience to the literal meaning of the Koran, have led some contemporary commentators to see in Ibn Hazm a precursor to modern Islamism. He thus serves the pope particularly well as an example, but he can scarcely be called representative of medieval Islam. 

The role of Islam in Benedict's argument is important, but it is worth noting that it is not the only religion the pope finds deficient in reason. Even within Christianity, the marriage of faith and reason has often been strained by attempts at what Benedict calls "de-Hellenization," or de-Greeking. Luther's move toward faith, for example, occasioned his attack on the Catholic philosophical movement known as Scholasticism. This meant that much of Protestant Christianity became unbalanced, inclining too far away from "Greek" reason and toward "Jewish" faith, while the Catholic Church strove to safeguard the proper balance. And of course there have been movements inclining too far in the opposite direction, the most important of these being the triumphant "scientific" or "practical" reason of modernity.

All these systems of thought fail to make sense of man's place in the world insofar as they fail to achieve the necessary balance between faith and reason. That balance, Benedict explains, was born in the New Testament, which "bears the imprint of the Greek spirit, which had already come to maturity as the Old Testament developed." It was disseminated and preserved over the centuries through the Catholic Church in western Europe. Indeed, for Benedict, the "inner rapprochement between Biblical faith and Greek philosophical inquiry" is really a European phenomenon: "Christianity, despite its origins and some significant developments in the East, finally took on its historically decisive character in Europe. We can also express this the other way around: this convergence ... created Europe and remains the foundation of what can rightly be called Europe." The pope concedes that not all aspects of the Christian synthesis, brokered in the particular culture of Greco-Roman Palestine and consummated in that of Catholic Europe, need to be "integrated into all cultures." But the marriage of faith and reason does, for it is now universal, fundamental to "the nature of faith itself."

 

In sum, the pope's essay is a declaration of the ongoing and universal truth of Catholic dogma: exactly what we should expect from the vicar of St. Peter. What we should not do, however, is confuse this declaration for an adequate description of Islam, medieval or modern. Any Islamic historian, any historian of religion, could easily object that Benedict has his history wrong. It is easy to show that Islam, too, was heavily influenced by Greek philosophy: indeed, the Catholic West would not have known much of that philosophy without the Islamic transmission of the ancient texts in Arabic translation. Aquinas learned his Aristotle from Muslim philosophers such as Averroës and Avicenna (as did Maimonides). And what kind of historian, what kind of serious intellectual, pretends to characterize a religion as vast and diverse as Islam with a single quotation from an embattled medieval Christian polemicizing against it? Insofar as the pope's job description is not that of historian but defender of the Catholic faith, such objections are to some extent beside the point. Still, we might have hoped for more from a learned leader at a time when the Western world is desperately in need of greater knowledge about Islam and its history. 

There is another problem. Benedict's plea for Hellenization draws on a German philosophical tradition--stretching from Hegel's The Spirit of Christianity through Weber's sociology of religions to the post-World War II writings of Heidegger--whose confrontations of Hebraism with Hellenism contributed to, rather than prevented, violence against non-Christians on a scale unheard of in the Muslim world. We may grant that such an intellectual dependence is hard to avoid, given the deep and abiding influence of this theological and philosophical tradition on the modern humanities and social sciences. From a Eurocentric point of view, we might even concede the pope's well-worn claim that, as Heine put it in 1841, the "harmonious fusion of the two elements," the Hebraic and the Hellenic, was "the task of all European civilization." 

What we cannot accept without contradiction or hypocrisy is the pope's presentation of the speech as an invitation to dialogue. It is true that the talk concludes with an invitation: "It is to this great logos, to this breadth of reason, that we invite our partners in the dialogue of cultures." But it also concludes with the claim that "only through [rationality of faith] do we become capable of that genuine dialogue of cultures and religions so urgently needed today." The bulk of "Faith, Reason, and the University" is explicitly dedicated to the thesis that European Catholicism has effectively mixed faith and reason in the logos, and that other religions, specifically Islam, have not. Forget for a moment the historical inaccuracies (not just about Islam, but about other religions as well) in such a statement, and focus only on the logic. What kind of invitation begins by denying its guests the qualifications for attendance at the party? The pope's "invitation" at Regensburg was not to a "dialogue of cultures" at all. What he was advocating was a kind of conversion, or at least a convergence of all religions and cultures toward a logos that is explicitly characterized as Catholic and European.

Just like Manuel's medieval "dialogos" with a Muslim (the Greek title of the emperor's treatise means "controversy" or "debate" rather than "dialogue" in our modern sense), Benedict's lecture was a polemic posing as a dialogue. Some among the faithful will rejoice that Benedict, once known as "the Rottweiler" for his dogged defense of doctrine as a cardinal, has bared his teeth as pope. But his speech must not be mistaken for something more noble or more ecumenical than the articulation of Catholic dogma that it was, even if the extreme response in certain quarters of the Muslim world casts it in a more sympathetic light. There are no champions of dialogue in this story. In the harsh universe of religious polemic, there rarely are.

David Nirenberg is a historian and professor in the Committee on Social Thought at the University of Chicago, and the author of Communities of Violence: Persecution of Minorities in the Middle Ages (Princeton University Press).

Thursday, September 28, 2006

More on Benedict on Islam

[This item of interest from dotCommonweal:]

Dialogue or monologue?


September 28, 2006, 12:17 pm
University of Chicago historian David Nirenberg dissects the pope's Regensburg lecture at the New Republic. A sample:

Benedict's plea for Hellenization draws on a German philosophical tradition--stretching from Hegel's The Spirit of Christianity through Weber's sociology of religions to the post-World War II writings of Heidegger--whose confrontations of Hebraism with Hellenism contributed to, rather than prevented, violence against non-Christians on a scale unheard of in the Muslim world. We may grant that such an intellectual dependence is hard to avoid, given the deep and abiding influence of this theological and philosophical tradition on the modern humanities and social sciences. From a Eurocentric point of view, we might even concede the pope's well-worn claim that, as Heine put it in 1841, the "harmonious fusion of the two elements," the Hebraic and the Hellenic, was "the task of all European civilization." 

What we cannot accept without contradiction or hypocrisy is the pope's presentation of the speech as an invitation to dialogue.

For the rest of his analysis, click here.

Tuesday, September 26, 2006

Embryonic Stem Cell Research: Two Responses to My Post

In response to my post yesterday (here), I have received these two very informative/helpful responses.  Thanks so much to Robby George and Carter Snead (Notre Dame, Law) for their messages.

Dear Michael:
 
If we lay aside the profound ethical issues pertaining to the deliberate destruction of human embryos, there are good reasons to prefer stem cells derived from embryos created by somatic cell nuclear transfer (cloning) to those obtainable from IVF "spare" embryos being stored in assisted reproduction clinics.  First, the spare embryos are stored in a frozen condition (cryopreservaion). It is possible that the freezing has a negative impact on the embryos and the cells harvested from their inner cell mass.  ("Embryonic" stem cells are produced in the lab by culturing these inner cell mass cells.  Pluripotency appears to be induced by the culturing process.) Second, very few IVF cryopreserved embryos are actually available for use in biomedical research.  Even if President Bush's restrictions on federal funding of embryo-destructive research were lifted, there would be fewer than 12,000 embryos available for funded research.  If embryonic stem cells were ever to become useful in regenerative medicine (as Senators Kerry and Edwards and Ron Reagan Jr. said they would be in the last campaign), this would be only a tiny fraction of the number needed for the treatment of even a single disease (Juvenile Diabetes, Parkinson's, what have you).  The IVF spares would quickly be used up and it would be necessary to produce a massive number of additional embryos.  But the most important reason is the third:  the IVF spare embryos are of very limited utility in regenerative medicine because they are not a genetic match to the person needing treatment. They are, after all, products of the genetic lottery.  Cloned embryos, by contrast, are a genetic match to the somatic cell donor.  So scientists could produce a cloned embryo using a somatic cell from the patient needing treatment, then treat the patient with stem cells produced by "disaggregating" the embryo.
 
Given the advantages of cloned embryos over the IVF spares, I have been trying to persuade people who support the use of the spares (whether or not they are willing to go along with cloning) to shift their allegiance to alternative methods of producing pluripotent stem cells---methods that give us the advantages of cloning, but without creating or killing embryos.  There are two leading possibilities.  In the first, known as "altered nuclear transfer," the basic cloning technology is used, but genetic and or epigenetic alterations to the somatic cell nucleus (and possibly the oocyte cytoplasm) are made prior to its transfer to the enucleated ovum to ensure that embryogenesis cannot occur.  What is produced is a nonembryonic entity that is the biological (and thus the moral) equivalent of a teratoma or a complete hydatidiform mole. Rudolf Jaenisch's research at MIT has shown that pluripotent stem cells (indistinguishable from those obtained from embryos) can be produced from these entities.  (I should note here that some pro-lifers object to altered nuclear transfer because they believe--mistakenly in my view--that it would produce a damaged or disabled embryo, rather than a truly non-embryonic, tumor or mole-like entity.)   The second alternative method is even more exciting.  In what is known as "dedifferentiation," an ordinary somatic cell is "reprogrammed" to, in effect, return it to its primitive, stem cell state.  The most celebrated work in this area so far is that being done by Kevin Eggan at Harvard.  He used existing embryonic stem cells (I believe they were taken from the presidentially approved lines) as the reprogramming agents.  (Another possibility would be to use egg cytoplasm, which will also effectuate the reprogramming by causing an overexpression of key transcription factors, such as Nanog and Oct 3/4---factors that control other genes.)  Eggan's use of existing embryonic stem cells leaves a problem to be solved, namely, an extra set of chromosomes is left in the stem cells produced by the process.  A way will have to be found to remove them for usable cell lines to be produced.  Dr. Yuri Verlinsky in Chicago says that he has solved this problem, but his research has not been published.  (My understanding it that he is going for a patent.)  A number of other people are working on it, including a very important stem cell researcher in Australia named Alan Trounson.
 
Altered nuclear transfer has a problem that cloning also has, namely, oocytes are needed.  The same is true in forms of dedifferentiation using oocyte cytoplasm as an epigenetic reprogramming agent.  Where will the eggs come from?  Today when eggs are needed (eg., in in vitro fertilization), they are obtained by subjecting women to hormonal stimulation in a procedure known as "superovulation."  This is painful and potentially dangerous.  In my statements in favor of further research on altered nuclear transfer, I have always said that I am absolutely opposed to the use of superovulation.  If we cannot find another way to obtain the needed oocytes, I am for abandoning the project.  My fear is that any strategy requiring hundreds of thousands and eventually millions of eggs will result in the exploitation of poor women -- probably in developing nations where the poor are even more vulnerable than they are in the U.S. and Europe.
 
A couple of weeks ago, a team led by Professor Yamanaka in Japan published research showing that they had dedifferentiated somatic cells using neither embryonic stem cells nor egg cytoplasm.  They immersed the cells in a bath containing factors found in standard reprogramming agents.  I believe their research used mouse cells.  If they can now do it using human cells, it will be a great thing.
 
But even then, our excitement must be tempered by the knowledge that embryonic stem cells and their equivalent cannot now be used in therapies because of their tendency to tumor formation.  No one knows when, if ever, they will have therapeutic utility.  The problem is profound, and no one seems to have much of an idea of how to go about solving it.  That is why there is not a single embryonic stem cell-based therapy even in stage one of FDA clinical trials.  (By contrast, there are about 1,200 adult stem cell-based therapies in trials -- some quite far along.  A few have already been approved.) Cells are stabilized naturally during gestation by an unimaginably complicated process of intercellular communication.   This leads some supporters of embryonic stem cell research to say that the real value of embryonic stem cells is in basic research, the construction of disease models, and the testing of pharaceutical products; not in regenerative medicine.
 
I hope that these comments are responsive to your inquiry (and not more than you wanted to know).
 
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)
[email protected]


Hi Michael:

I hope you are well.  If you are wondering why someone would support so-called
therapeutic cloning, you might find the following chapter of the PCBE's 2002
cloning report useful:

http://www.bioethics.gov/reports/cloningreport/research.html

This chapter sets forth what I believe to be the most powerful case for cloning
for biomedical research.  It also contains the most powerful case against
cloning for biomedical research.

A few points to keep in mind:  It has been estimated that literally millions of
embryos (preferably of diverse genetic profiles) will be necessary to realize
the aspirations of stem cell researchers.  Such aspirations include the
development of disease/injury-specific (and immune-compatible) ES cell lines
for regenerative therapies (should they ever arrive), as well as the
development of models for study.  Among the 400,000 supernumerary embryos in
cryopreservation, less than 3% have been designated by their caretakers for use
in research.  Thus, there is a problem of scarcity that requires the production
of embryos solely for the sake of research (either by SCNT or IVF).

As always, it's important to be clear-eyed about the state of the science.
Scientists have yet been unable to isolate embryonic stem cells from cloned
human embryos.  The only researcher who claimed success in this regard is the
now-discredited Dr. Hwang, who not only flouted basic principles of ethical
research involving human subjects (by paying poor women, and coercing his lab
assistants into "donating" ova), but also falsified all of his research
findings.  This is not to say that derivation of stem cells from cloned embryos
is impossible in principle, but no one has been able to do it so far despite
many concerted efforts and millions of dollars spent.

Hope this is helpful.

Best,
Carter

Monday, September 25, 2006

Elite Universities and the Class System

[I assume that many MOJ-readers are are associated with colleges or universities, whether as students or as faculty.  So, this piece may be of interest to those many readers.]

Poison Ivy

Sep 21st 2006
From The Economist print edition

Not so much palaces of learning as bastions of privilege and hypocrisy

AMERICAN universities like to think of themselves as engines of social justice, thronging with “diversity”. But how much truth is there in this flattering self-image? Over the past few years Daniel Golden has written a series of coruscating stories in the Wall Street Journal about the admissions practices of America's elite universities, suggesting that they are not so much engines of social justice as bastions of privilege. Now he has produced a book—“The Price of Admission: How America's Ruling Class Buys Its Way into Elite Colleges—and Who Gets Left Outside the Gates”—that deserves to become a classic.

Mr Golden shows that elite universities do everything in their power to admit the children of privilege. If they cannot get them in through the front door by relaxing their standards, then they smuggle them in through the back. No less than 60% of the places in elite universities are given to candidates who have some sort of extra “hook”, from rich or alumni parents to “sporting prowess”. The number of whites who benefit from this affirmative action is far greater than the number of blacks.

The American establishment is extraordinarily good at getting its children into the best colleges. In the last presidential election both candidates—George Bush and John Kerry—were “C” students who would have had little chance of getting into Yale if they had not come from Yale families. Al Gore and Bill Frist both got their sons into their alma maters (Harvard and Princeton respectively), despite their average academic performances. Universities bend over backwards to admit “legacies” (ie, the children of alumni). Harvard admits 40% of legacy applicants compared with 11% of applicants overall. Amherst admits 50%. An average of 21-24% of students in each year at Notre Dame are the offspring of alumni. When it comes to the children of particularly rich donors, the bending-over-backwards reaches astonishing levels. Harvard even has something called a “Z” list—a list of applicants who are given a place after a year's deferment to catch up—that is dominated by the children of rich alumni.

University behaviour is at its worst when it comes to grovelling to celebrities. Duke University's admissions director visited Steven Spielberg's house to interview his stepdaughter. Princeton found a place for Lauren Bush—the president's niece and a top fashion model—despite the fact that she missed the application deadline by a month. Brown University was so keen to admit Michael Ovitz's son that it gave him a place as a “special student”. (He dropped out after a year.)

Most people think of black football and basketball stars when they hear about “sports scholarships”. But there are also sports scholarships for rich white students who play preppie sports such as fencing, squash, sailing, riding, golf and, of course, lacrosse. The University of Virginia even has scholarships for polo-players, relatively few of whom come from the inner cities.

You might imagine that academics would be up in arms about this. Alas, they have too much skin in the game. Academics not only escape tuition fees if they can get their children into the universities where they teach. They get huge preferences as well. Boston University accepted 91% of “faculty brats” in 2003, at a cost of about $9m. Notre Dame accepts about 70% of the children of university employees, compared with 19% of “unhooked” applicants, despite markedly lower average SAT scores.

Why do Mr Golden's findings matter so much? The most important reason is that America is witnessing a potentially explosive combination of trends. Social inequality is rising at a time when the escalators of social mobility are slowing (America has lower levels of social mobility than most European countries). The returns on higher education are rising: the median earnings in 2000 of Americans with a bachelor's degree or higher were about double those of high-school leavers. But elite universities are becoming more socially exclusive. Between 1980 and 1992, for example, the proportion of disadvantaged children in four-year colleges fell slightly (from 29% to 28%) while the proportion of well-to-do children rose substantially (from 55% to 66%).

Mr Golden's findings do not account for all of this. Get rid of affirmative action for the rich, and rich children will still do better. But they clearly account for some differences: “unhooked” candidates are competing for just 40% of university places. And they raise all sorts of issues of justice and hypocrisy. What is one to make of Mr Frist, who opposes affirmative action for minorities while practising it for his own son?

Two groups of people overwhelmingly bear the burden of these policies—Asian-Americans and poor whites. Asian-Americans are the “new Jews”, held to higher standards (they need to score at least 50 points higher than non-Asians even to be in the game) and frequently stigmatised for their “characters” (Harvard evaluators persistently rated Asian-Americans below whites on “personal qualities”). When the University of California, Berkeley briefly considered introducing means-based affirmative action, it rejected the idea on the ground that “using poverty yields a lot of poor white kids and poor Asian kids”.

There are a few signs that the winds of reform are blowing. Several elite universities have expanded financial aid for poor children. Texas A&M has got rid of legacy preferences. Only last week Harvard announced that it was getting rid of “early admission”—a system that favours privileged children—and Princeton rapidly followed suit. But the wind is going to have to blow a heck of a lot harder, and for a heck of a lot longer, before America's money-addicted and legacy-loving universities can be shamed into returning to what ought to have been their guiding principle all along: admitting people to university on the basis of their intellectual ability.

A Question About Embryonic Stem Cell Research

Given these two recent posts (here and here), I am puzzled.  Can someone--anyone:  Robby George, Rick Garnett, anyone--help me solve the puzzle.

Let's assume that we agree with Louis Guenin--as of course both Robby George and Rick Garnett do--that
 "[i]f you and I are human individuals, so too are early embryos."  We can nonetheless reasonably disagree about whether embryos created in the course of IVF may be used in embryonic stem cell research.  Robby and Rick are of the view that IVF embryos may not be so used.  Guenin and others are of the view that IVF embryos may be so used.  This is a reasonable disgreement among persons who agree that "[i]f you and I are human individuals, so too are early embryos."  For Guenin's position, click here.

HOWEVER, one who agrees that
"[i]f you and I are human individuals, so too are early embryos" cannot, as I see it, support therapeutic cloning.

So why would any large organization many of whose members agree that
"[i]f you and I are human individuals, so too are early embryos" (e.g., the Democratic Party) want to support therapeutic cloning rather than support just the use of embryos created in the course of IVF?  Supporting the former rather than just the latter seems so unnecessary.

That's my puzzle.

Robby, Rick, anyone:  Can you help me understand?
_______________
mp
 

The Pope on Islam

[I received this notice today.  MOJ-readers may be interested.]


The Pope on Islam

An Interview with Kevin Madigan, SJ

By Nandagopal R. Menon

What Benedict said, what he didn't, and what it means.

Today, Pope Benedict XVI met with representatives from Muslim-majority countries that maintain diplomatic links with the Vatican "in order to strengthen the bonds of friendship and solidarity between the Holy See and Muslim communities throughout the world." Benedict said he hoped "to reiterate today all the esteem and the profound respect that I have for Muslim believers."

How did he get to this point? To help make sense of the pope's remarks on Islam and their aftermath, Commonweal presents an interview with Kevin Madigan, SJ, president of the Institute for the Study of Religions and Cultures at the Pontifical Gregorian University in Rome, available only on our Web site.

Madigan tackles several important questions surrounding the controversy:

Can one make sweeping statements about Islam's views on violence and religious tolerance relying solely on the Qur'an?

Would it be correct to say that, as the pope does, God is absolutely transcendent for Muslims? What is the view of the Qur'an when it comes to natural theology and to reason?

Are the pope's comments indicative of a change in the Holy See's policy towards Islam. Do they indicate a more hard-line, reciprocity-based approach?

Will the damage be corrected by the clarifications issued by the Holy See and the personal apology of the pope?

For answers to these questions and more, visit http://www.commonwealmagazine.org/article.php3?id_article=1743.

Sunday, September 24, 2006

On Interrogation and Torture

Peggy Steinfels, over at dotCommonweal, links to this.  Click and read--including the comments.

Saturday, September 23, 2006

The Tablet
23 September 2006

On the path to mutual respect
Faith, Reason and Islam

Mona Siddiqui

Muslims must learn that differing views are at the core of a civil society, according to a leading Islamic scholar, and violent calls for revenge over perceived slights only fuel criticism of their religion

Once again we are seeing images of Muslims rioting, burning effigies and shouting for more deaths. Even the more respectable press is speculating on the precise nature of the link between Islam - more specifically the Qur'an - and violence. And once again "moderate" Islam is being asked to explain the actions of a menacing few. Except that the increasing worry is that it might not be a few and that the images of violence are actually a reflection of the hostility that most Muslims feel towards any criticism of their faith, culture or history.

As a Muslim I remain perplexed. Why are Muslims magnifying every incident to the level of a global conflict? Adulation and veneration of the Prophet may be laudable qualities but is this really what this furore is about? I don't think so. The ease with which marches are mobilised and threats directed are symptoms of a community not only feeling under siege but slightly revelling in their victim status. From Cairo to London, we have seen calls for apologies for a comment that could have been consigned to the annals of papal intellectualism; instead the comment became yet another mark of mutual distrust and suspicion between some Muslims and the Western world. This has damaged no one but it has made Islam appear like a complete idiosyncrasy in the West. Islam is a major world religion which doesn't need this kind of weak defence.

I'm sure that Pope Benedict did not deliberately intend to offend the Prophet in particular. But as someone who was previously the head of the Congregation for the Doctrine of Faith, he is not naive and must have known that his speech could be contentious and open to all sorts of interpretations. Whether he was ill advised or advised at all, the fact remains that he now symbolises far more than his academic credentials.

This incident is not about defending freedom of speech - that red herring brought out as the ultimate achievement of Western civilisation - it is about recognising that pitting one faith against another to show the superiority of one and the deficiencies of the other is a dangerous and arrogant exercise. By all means, explore genuine theological differences, but not on the assumption that one faith perspective has all the right answers. Both Christianity and Islam have blood on their hands. Both are missionary religions often struggling to accept the essential truth of any other faith. Both come together mostly when they want to condemn certain sexual or fertility practices as an affront to human dignity.

Intellectuals and academics must have the right to posit any arguments they want if they can support them with rigorous evidence. But in this speech one of the connections being made by the Pope was that Islamic views of divine transcendence have left very little room for reason or logos in Islam. This is unlike in Christianity, where reason and revelation have complemented each other for a very long time and provided the fundamental basis for Western society, a society where religious violence and coercion have no place. Eradicating religious violence must be a desirable objective for all of us.

The problem here is that if we continue to judge Islam only by the current images of violence then there will be very little desire to tolerate this faith, never mind see it as a legitimate expression of the Divine. Why some Muslims are so quick to resort to violent acts may be more about political self-interest than any genuine search for justice. There are no easy answers as to why acts of intense violence have become such a defining aspect of the Muslim faith.

Unfortunately, very little seems to have changed since the Rushdie affair. But let's remember that there have always been different intellectual conversations and ideologies within Islam and, even today, it would be completely wrong to think that such debates are no more than peripheral or academic to mainstream Islam. One has only to look at the discussions around sharia law and pluralism to understand that there are many people from all levels of society who are actively engaged in working for a more inclusive and just world.

The real reason why Pope Benedict's lecture touches on so many sensitivities is because the theological analysis carries within it serious political ambitions. For Pope Benedict, Christianity cannot just be Europe's past; it must also be Europe's future. It is the Pope's aspirations to make Christianity once again a living force in the West that underlies so much of his current thinking both in relation to other faiths and in his attempts to unify the Christian Church. As a Pope, he has every right to work towards this goal but Europe is not just the Catholic Church, nor is the Catholic Church just the pontificate.

The Pope cannot ignore the growing diversity within his own faith nor in the other faiths that are also a major part of Europe. True, he is concerned about the challenge of secularism, which sees itself as the repository of reason, but if religion and reason are to come together to face contemporary challenges, can it be any religion or can it only be Christianity?

Muslims must learn that differing viewpoints and multiple voices are the very essence of civil society. Even when the viewpoint touches on something as sacred as the Prophet and his legacy, responses must be dignified and respectful. This would reflect the true essence of Islam; calling for revenge and retribution is doing little more than proving all the critics right.

Professor Mona Siddiqui is Director of the Centre for the Study of Islam at Glasgow University.

Friday, September 22, 2006

Report from Ireland, by Gerry Whyte

MOJ-friend and Trinity College Dublin Law Prof Gerry Whyte writes:

The Irish High Court has handed down an interesting freedom of religion decision this afternoon. This morning, a Congolese woman gave birth to a healthy child in a Dublin maternity hospital but then suffered a massive haemorrhage, losing up to 80% of her blood. When the hospital went to give her a blood transfusion, she objected on the ground that she is a Jehovah's Witness. The hospital went to court and got an order authorising the transfusion. In what must have been an ex tempore judgment, the High Court judge accepted that the woman was compos mentis but pointed out that she was the sole relative of her son living in Ireland, whose interests were paramount, and that in the circumstances, he, the judge, had to act in favour of life, leaving it to the lawyers to argue about it afterwards.

{To read about the case, click here.]