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.

Monday, February 20, 2006

Martin Marty on "Deus Caritas Est"

Sightings  2/20/06

Hoping in Pope Benedict XVI
-- Martin E. Marty

You don't need Sightings to find cartoons in Denmark or hunting accidents in Texas, so let's turn this week to a subject too small to make the front pages, namely Roman Catholicism.  It's on my mind in part because a subscriber forwarded me a critique from a friend to whom he had forwarded a recent Sightings. The friend dismissed that column by saying, "Of course Marty would write that way, because he's such a firm Roman Catholic," or something to that effect.  I pushed the "delete" button at once, concerned about identity theft, and snuggled back under my firm Lutheran roof.  But for a moment, I dreamed ....

This dream: What if not too far into the new millennium a pope would come along and issue something important about a positive theme?  What if such a piece were de-polarizing, meaning that it would appeal not just to one faction or another?  What if the face such a figure presented were not scowling, and the voice going with it not crabby or scolding?  What if what he wrote aspired to present something of the Christian gospel, Good News?  The public image of Catholics, evangelicals, and plenty of others shows them to be rather brutally seeking power or defensively holding on to it.  Must it always be so?

I pinched myself to read this headline in the February 10th issue of the National Catholic Reporter: "Encyclical Finds Favor in Unexpected Quarters" -- the Reporter itself being an unexpected favorer of the encyclical, the pastoral letter from Pope Benedict XVI. Deus Caritas Est, "God Is Love," is the first encyclical from the former cardinal Joseph Ratzinger, who bore the tough image of an inquisitor.  Most Catholics with whom the Reporter folks hang out (and non-firm non-Catholics like M.E.M.) nursed grievances and bruises from the then-cardinal in his earlier role.  Of course, they have to keep their guards up. "God Is Love" is only one document, one action, and there will be many others, maybe of other kinds.

For the moment, though, John L. Allen, Jr., a reporter with a reputation for fairness who was not "expected" to see the new pope in such a friendly light, could cite critics like Paul Collins, an over-examined and edged-out "victim" of Ratzinger; Andrew Sullivan, who criticizes Catholic critics of gay priests; Hans Kueng, old friend-turned-foe-turning-friend; and a half-dozen others marked as liberal who are now applauding this first shot out of the encyclical cannon.

"Just what Catholicism needs, really" (Collins); "a beautifully written document (Sullivan); "solid theological substance" (Kueng); and from a spokesperson for a liberal Catholic group: this could be a "human face for Christianity and for the Catholic church."  Of course, all these praisers saluted with fingers crossed.  For the moment, however, they simply enjoyed the fact that Benedict XVI chose to write about and seek to exemplify Christianity's central but so often overlooked themes: divine Love and the way it relates to human loves.

Deus Caritas Est takes off from and is critical of a modern classic Lutheran treatment of Agape and Eros, though the pope tries to bridge to other such interpretations of the two loves.  So there is homework to be done. For the moment, however, most critics have parked their grudges at the door, and they consider with hope that Benedict XVI has set a promising tone for what will follow.

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Sightings comes from the Martin Marty Center at the University of Chicago Divinity School.

Friday, February 17, 2006

Response to Rick on Bioethics

In response to Rick's question, I consulted a friend who has a Ph.D. in philosophy as well as a J.D., and an expertise in medical issues.  The friend had this to say:

I am not a fan of "professional bioethics" or "beeper bioethicists."  These
are usually individuals who complete a specialty degree in bioethics (what
ever that means) without being grounded in a classic discipline like
philosophy or biology.  Sometimes these individuals are hired by hospitals
and the like for ethics consults, where they mostly provide personal
opinions or (if they also have training as lawyers) explain legal
constraints to action or inaction.  While they are meant to be impartial
parties, they often reflect the interests of their employers (which may be
influenced by the biotech industry).  I assume these are the types of
bioethicists to which your co-blogger refers.  I find these folks completely
divorced from the academic pursuit of grappling with the application of
ethical theories to medicine.  I take issue with calling them "academic
bioethicists."
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"Liberal archbishop installed in San Francisco"

Thus reads the caption of a news item in the February 18 issue of The Tablet [London].  Read on:

American Catholicism’s most progressive archdiocese this week warmly welcomed its new head and his message of inclusion. At Wednesday’s installation Mass in San Francisco, Archbishop George Niederauer was handed the crosier by his predecessor, Archbishop William Levada, who the Pope named last May to succeed him as Prefect of the Congregation for the Doctrine of the Faith.

Quoting T.S. Eliot in his first homily to the city’s 425,000 Catholics, Archbishop Niederauer, 69, made his own the poet’s assessment of the Church: “She is tender where you would be hard, and hard where you would like to be soft.” The new Pope’s first major appointee in the United States indicated that Benedict’s recent encyclical, Deus Caritas Est, would “guide” his stewardship of a diocese known for its significant contingent of gay Catholics and its efforts in caring for the sufferers of HIV/Aids.

In an interview with The Tablet on Monday, Archbishop Niederauer spoke of his distaste for the labelling which he said had brought the American Church further from God and nearer to the dust.

Before being named bishop of Salt Lake City – home to 150,000 Catholics and the headquarters of the Mormon Church – in 1994, George Niederauer spent most of his priesthood in seminary work in his native Los Angeles. His nuanced interpretation of the Vatican’s November document banning gays from priestly formation has attracted the fury of church conservatives, one of whom recently castigated the archbishop’s appointment to San Francisco as “troubling” and called his position on the document as being analogous to the views of “dissenters”.

Speaking to the San Francisco Chronicle, Archbishop Niederauer said that, in his oversight of the archdiocesan seminary there, the document would come up “in the context of an entire programme of priestly training and formation, not as a headline item”. He reaffirmed his opinion on its contents, emphasising the importance of a seminary candidate being “able to maintain the appropriate boundaries … able to retain his commitment to that celibate relationship with Christ in priesthood”. He added that this “would be true, also, for the heterosexual candidate”. He also dismissed the hypothesis, prevalent in some US church circles, that the sexual orientation of priests was the prime cause for the abuse scandals. He said this was a “mistaken” construct that “doesn’t make sense”.

The first American bishop to acknowledge publicly that he had seen the controversial film Brokeback Mountain, which centres on the romance between two cowboys, the archbishop said he found it “very powerful”, seeing as one of its lessons “the destructiveness of not being honest with yourself, and not being honest with other people – and not being faithful, trying to live a double life, and what that does to each of the lives you try to live.”
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Wednesday, February 15, 2006

More on Unborn Human Life

MOJ-friend and occasional contributor, Gerry Whyte of Trinity College (Dublin) writes:

"Further to your recent posting on MOJ re start of life [here], last year the Irish
Commission on Assisted Human Reproduction, of which I was a member,
published its report in which a majority, inter alia, rejected the argument
that legal protection for the embryo should commence once fertilisation was
complete. I was the only dissentient on the 'start of life' question. You
can read the full report here.  My dissent is here."

I heartily recommend that MOJ-readers read Gerry's dissent.
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Tuesday, February 14, 2006

CHRISTIAN BIOETHICS

Rick asks, in his post below, whether "'bioethics' . . . is anything more than a political movement masquerading as an academic discipline or as moral reflection."  The answer is yes.  Click here to read about a quarterly titled Christian Bioethics:  Non-Ecumenical Studies in Medical Morality, which brings together Catholic, Orthodox, and Protestant writers.
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Monday, February 13, 2006

The Doctrine of Double Effect

Some MOJ-readers are interested in the Doctrine of Double Effect (especially as it relates to capital punishment and abortion).  The following book--a collection of essays by various writers, some of whom are quite prominent--was recommended to me and certainly seems to be excellent.  Some of the essays defend the doctrine; other of the essays challenge it:

P.A. Woodward, ed., The Doctrine of Double Effect:  Philosophers Debate a Controversial Moral Principle (University of Notre Dame Press, 2002).

Click here to learn more about the book.
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Evangelical Ecology

Sightings
2/13/06

Evangelical Ecology
-- Martin E. Marty

Two cheers for the evangelicals who disturbed the peace and drew headlines this week with the "Evangelical Climate Initiative."  Why two and not three?  I've often been told that if people outside the evangelical camp favor a faction inside it, this can hurt the cause.  If a "secular humanist," a "mainline Protestant," or a fanatic Lutheran like M.E.M. praises certain evangelicals, there must be something wrong with them.  So I'll think three cheers and utter two.

The Initiative drafters, who took out a full-page ad in the New York Times, received a page in Newsweek and hundreds of column inches in newspapers for their message of commitment to stewardship of the environment.  The signers, half of whom I know, are evangelical Evangelicals, not people on the fringes.  To find that speaking up for care by God's people for God's created order is treated as "man bites dog" -- exceptional news -- is a comment on evangelicals.  Line one of the Bible and line one of the creeds affirm Creator and creation, and are not licenses for despoiling the environment and helping make the globe uninhabitable -- as we are on course to doing.

Few believers have a good record.  Mainline Protestants have probably written most and spoken out most, but two-score years ago most of them stopped knowing how to mobilize citizens.  Jeffrey J. Guhin, in the Catholic weekly America, asks, "Where Are the Catholic Environmentalists?" (February 13).  They have been slow comers, but are documentably doing better now.  I have no space here to deal with the substance of the call to commitment; it is easy to track down.  What interests me first is the evident passion of big-name popular and scholarly evangelicals (from Rick Warren to Wheaton College president Duane Litfin, from journalist David Neff and veteran activist Ron Sider to National Association of Evangelicals biggies and professors of note) who are now on the line.

Equally interesting are the attacks by other evangelical parties, some of whom, bizarrely, still cite as relevant the Genesis mandate to "subdue" or "dominate" the created order.  Well, consider it subdued into a coma and dominated so much that it needs life-support.  Why have evangelicals been so late in acting that their rallying cry is so newsworthy?  Many reasons.  They have had other priorities that crowded this one out.  They've gotten two or three cheers in recent years for taking up the cause of religious liberty and human freedom in many neglected corners of the world.  Yet most of their energies have gone elsewhere.

What else?  Well, you can always find a Danish scientist or two and a dozen right-wing talk show hosts who tell us not to worry about global warming, the mercury in the fish we eat, or de-treeing the landscapes, and it is to the advantage of some political interests to take as a motto, "What, me worry?"  Some evangelicals stood back because they thought that caring for the environment was a New Age monopoly, a fashionable preoccupation with the secular order.  We are told that some apocalypticists say, "Don't think about this world; Jesus is second-coming to end it all!"  I think that voice is being muffled a bit now. So on second thought, in these times, "Three cheers!" for the ecologically-minded evangelicals.  Perhaps others of us will follow.

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Sightings comes from the Martin Marty Center at the University of Chicago Divinity School.

Sunday, February 12, 2006

UNBORN HUMAN LIFE

Although, as H. Tristam Engelhardt has observed, "many describe the status of the embryo imprecisely by asking when human life begins or whether the embryo is a human being . . . no one seriously denies that the human zygote is a human life.  The zygote is not dead.  It is also not simian, porcine, or canine."

Philosopher Peter Singer, who is famously and enthusiastically pro-choice, has acknowledged that "the early embryo is a 'human life.'  Embryos formed from the sperm and eggs of human beings are certainly human, no matter how early in their development they may be.  They are of the species Homo sapiens, and not of any other species.  We can tell when they are alive, and when they have died.  So long as they are alive, they are human life."

Similarly, constitutional scholar Laurence Tribe, a staunch pro-choice advocate, has written that "the fetus is alive.  It belongs to the human species.  It elicits sympathy and even love, in part because it is so dependent and helpless."
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Friday, February 10, 2006

Catholics and Muslims

The Tablet
February 11, 2006

Editorial:  A gulf that Catholics can bridge

The self-appointed Chief Inquisitor of Religions, Richard Dawkins, presented a series of television programmes recently in which he dismissed and derided various religious fundamentalists. By treating them as if they were representative of the whole, he was able to persuade himself that it was religion per se he had exposed as absurd, not just extreme and distorted expressions of it. A certain truth was unwittingly revealed by his efforts: secular fundamentalists like himself need religious antagonists with equally closed minds. The current row about the Danish cartoons that ridiculed the prophet Muhammad must please him immensely, for the reaction is exactly what he needs to prove his point. The burning of embassies abroad and the carrying of placards on London streets containing the words “Kill” or “Death to …” only add to the impression that Islam is irrational, absurd and dangerous.

This week’s conviction of the Egyptian-born imam Abu Hamza al-Masri at the Old Bailey for incitement to murder and other similar offences fits this picture entirely. In vain do the great majority of Muslims and their leaders cry “Not in our name!” Thus does the gulf of mutual incomprehension and distrust grow ever wider.

But it must be bridged, if the degree of harmony necessary to social cohesion is to survive. That places a special responsibility on the shoulders of those in the West who have not in principle closed their minds to the claims of religion, and can reach out to understand and explain what Muslims in Britain must be feeling. Catholics and Jews, because of their own experience as minority religions which have not always been popular, have a particular role in this; and Catholics being the more numerous, have the greater responsibility.

As well as being a model for integration without assimilation, Catholics have a religious sensibility that enables them, at least more readily than secular intellectuals, to empathise with what Muslims are feeling. They too have not rejected the help of metaphysics in shaping their conception of reality; they too have an absolute rather than a relativistic morality; they too value the family and want to pass their beliefs on to their children; their faith also has a strong international dimension. They understand how much pain ridicule and contempt can cause when directed at revered religious figures, and why that pain can quickly turn to indignation and anger. And they have learnt when it is best to turn the other cheek. Being more familiar with the secular mindset, Catholics may help to explain Muslim feelings. In short, they may be in a position to supply the missing link. It is sorely needed.
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Thursday, February 9, 2006

Religion Scholars Challenge Patriot Act

Sightings  2/9/06

Religion Scholars Challenge Patriot Act
-- W. Clark Gilpin

On Wednesday, January 25, the American Academy of Religion (AAR), the world's largest association of scholars of religion, joined a lawsuit that challenges a key provision of the USA Patriot Act.  Citing the 2004 revocation of a travel visa for noted Swiss scholar of Islam Tariq Ramadan, the suit contends that an "ideological exclusion" provision of the Patriot Act is being used to impede the free circulation of scholars and scholarly debate that are integral to academic freedom.  Commenting on the suit, AAR Executive Director Barbara DeConcini stated that "preventing foreign scholars like Professor Ramadan from visiting the U.S. limits not only the ability of scholars here to enhance their own knowledge, but also their ability to inform students, journalists, public policy makers, and other members of the public who rely on scholars' work to acquire a better understanding of critical current issues involving religion."

The American Civil Liberties Union filed the suit on behalf of the AAR and two other major associations of scholars and writers: the American Association of University Professors (AAUP) and PEN American Center.  As quoted in the suit, the Patriot Act includes among the persons ineligible to receive visas those who have used their "position of prominence within any country to endorse or espouse terrorist activity, or to persuade others to support terrorist activity or a terrorist organization, in a way that the Secretary of State has determined undermines United States efforts to reduce or eliminate terrorist activities."

The plaintiffs contend not only that Professor Ramadan has been a consistent critic of terrorism but also that the ideological exclusion provision of the Patriot Act violates their own First Amendment rights to hear a full range of ideas.  A press release from the AAUP quoted the reaction of its general secretary, Roger Bowen: "Fearing another's ideas enough to prohibit their expression is perplexing to scholars and troubling to citizens .....  The freedom to teach and the freedom to learn are protected freedoms in this nation and the AAUP and its co-plaintiffs must insist that these two freedoms be respected.  Now is the time when we should be listening to and learning from Muslim scholars, not trying to silence them."

The specific case of Tariq Ramadan came to the attention of American scholars of religion most forcefully in 2004, when he was offered a tenured faculty position as the Henry R. Luce Professor at the University of Notre Dame's Joan B. Kroc Institute for International Peace Studies.  Although Ramadan was initially granted a visa in order to accept the faculty post, this visa was suddenly revoked only days before he and his family were to move to Indiana.  Neither he nor the University of Notre Dame received any written explanation of this reversal, and, subsequently, Ramadan has been denied visas to speak at the professional conventions of the AAR and other scholarly organizations in the United States.  Ramadan's many writings have focused on the relations of Islam to the West and to modernity, most recently in his book Western Muslims and the Future of Islam.

The study of religion is necessarily international in scope and actively engages scholars from other cultures and nations.  At a moment in history when religion is perceived to have exceptionally volatile connections to international politics, it is not surprising that the scholarly exchange of ideas about religion may include political views the government disfavors.  It is, however, precisely in such volatile circumstances that sustaining free academic deliberation about the relations among religion, culture, and politics becomes imperative.

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