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.

Tuesday, March 15, 2005

Deja Vu All Over Again: Religion, Politics, and Abortion ... in the United Kingdom

[My friend Gerry Whyte, a member (and former dean) of the law faculty at Trinity College, Dublin, rightly thought that many MOJ readers would be interested in this piece:]

The [London] Times
March 15, 2005

Cardinal tells Catholics to reject Labour over abortion

THE Roman Catholic Church made a dramatic entry into the election campaign yesterday by backing Michael Howard’s stance on abortion and withdrawing its traditional support for Labour.

Cardinal Cormac Murphy-O’Connor ensured that abortion would play a greater part in the coming election than any other by praising the Tory leader’s call for a cut in the legal abortion limit from 24 to 20 weeks.

The Archbishop of Westminster went on to admit that Labour was no longer the natural party of choice for the UK’s six million Catholics.
. . .

Yesterday’s statement indicates the determination of the Church to engage fully in pre-election politics.

Cardinal Murphy-O’Connor said: “Sometimes people say religion and politics do not mix and they should not mix. Religion is about the love of God and the love of our neighbour. It is clearly the second of those where religion and politics do mix.”

[To read the whole piece, click here.]

Sunday, March 13, 2005

Can God and Caesar Coexist?

MOJ readers may be interested in Judge John T. Noonan Jr.'s review of a new book by Robert F. Drinan, SJ:  Can God and Caesar Coexist?  Balancing Religious Freedom and International Law (Yale University Press 2005).  For the review, click here.  Strangely, as of this morning, I can't locate Drinan's book either on amazon.com or on the Yale University Press website.

Human Rights and Religion

Within the next few weeks, I expect to post a new paper here, titled:  The Morality of Human Rights:  A Nonreligious Ground?  Meanwhile, though, consider this:

"SURPRISINGLY, the Weberian vision of a modernity characterized by 'specialists without spirit, sensualists without heart' applies much more to modern Europe than to present-day America. Europe today is a continent that is peaceful, prosperous, rationally administered by the European Union and thoroughly secular. Europeans may continue to use terms like 'human rights' and 'human dignity,' which are rooted in the Christian values of their civilization, but few of them could give a coherent account of why they continue to believe in such things. The ghost of dead religious beliefs haunts Europe much more than it does America."

--Francis Fukuyama, "Thje Calvinist Manifesto," New York Times Book Review, March 13, 2005, page 35.

Saturday, March 12, 2005

Contemporary, Obsessive Materialism

The following piece appears in today's New York Times.  It sometimes seems that science and religion converge rather than diverge (i.e., some science and some religion).  To read the whole piece, which is quite interesting and provocative, click on the link below.

In New Book, Professor Sees a 'Mania' in U.S. for Possessions and Status

By IRENE LACHER

 
 

LOS ANGELES - Aldous Huxley long ago warned of a future in which love was beside the point and happiness a simple matter of consuming mass-produced goods and plenty of soma, a drug engineered for pleasure. More than 70 years later, Dr. Peter C. Whybrow, the director of the Semel Institute of Neuroscience and Human Behavior at the University of California, Los Angeles, has seen the future, and the society he describes isn't all that distant from Huxley's brave new world, although the soma, it seems, is in ourselves.

In his new book, "American Mania: When More Is Not Enough" (W. W. Norton & Company), Dr. Whybrow argues that in the age of globalization, Americans are addictively driven by the brain's pleasure centers to live turbocharged lives in pursuit of status and possessions at the expense of the only things that can truly make us happy: relationships with other people.

"In our compulsive drive for more," writes Dr. Whybrow, 64, a professor of psychiatry and bio-behavioral science, "we are making ourselves sick."

[To read the rest, click here.]

Thursday, March 10, 2005

Followup on Euthanasia Post

[My friend Gerry Whyte, a professor of law (and former dean) at Trinity College, Dublin, sent me the following message this morning.  Some readers of this blog may want to check out the case to which Gerry refers.  --mp]

"Further to your last posting on MOJ, last October the UK High Court had to deal with a very sad case of a severely disabled baby and, acting in accordance with the court's perception of the infant's best interests, it granted an order sought by  the medical staff (and opposed by the parents) restraining the hospital from putting the baby on a ventilator. The judgment may be read at the following address ..."

Click here to read the judgment.

Euthanasia

[I thought this item would be of interest to many readers of this blog.  --mp]

The NewYork Times
March 10, 2005
 

When Torment Is Baby's Destiny, Euthanasia Is Defended

By JOHN SCHWARTZ

 
 
 

Babies born into what is certain to be a brief life of grievous suffering should have their lives ended by physicians under strict guidelines, according to two doctors in the Netherlands.

The doctors, Eduard Verhagen and Pieter J. J. Sauer of the University Medical Center in Groningen, in an essay in today's New England Journal of Medicine, said they had developed guidelines, known as the Groningen protocol. The guidelines have been described in some news reports over the last several weeks, and the authors said they wrote their essay to address "blood-chilling accounts and misunderstandings."

"We are convinced that life-ending measures can be acceptable in these cases under very strict conditions," the authors wrote. Those conditions include the full and informed consent of the parents, the agreement of a team of physicians, and a subsequent review of each case by "an outside legal body" to determine whether the decision was justified and all procedures had been followed.

Stephen Drake, a research analyst at Not Dead Yet, an organization based in the United States that views euthanasia and assisted suicide as threats to people with disabilities, said "there's nothing surprising about the medical profession wanting to formalize and legitimize practices that have wide acceptance in the medical community worldwide," and added, "Obviously, we're against that." The Groningen protocol, he said, is based on "singling out infants based on somebody else's assessment of their quality of life."

Doctors commonly abort fetuses when grave medical conditions like Tay-Sachs disease are diagnosed in utero, and after birth will commonly withdraw treatment from infants with no hope of survival, or even end the lives of some of those newborns. In a telephone interview, Dr. Verhagen said that he and Dr. Sauer were trying to bring a measure of accountability to acts that go on every day around the world. "Given the fact that it is already happening," he said, "we find it unacceptable that it is happening in silence."

In the Netherlands, euthanasia is legal  for patients older than 16 who request it.

"The question under consideration now is whether deliberate life-ending procedures are also acceptable for newborns and infants, despite the fact that these patients cannot express their own will," the authors wrote. "Or must infants with disorders associated with severe and sustained suffering be kept alive when their suffering cannot be adequately reduced?"

The doctors divided the newborns who might be considered for end-of-life decisions into three groups. The first is made up of infants "with no chance of survival" because of severe underlying diseases. Babies in the second group have "a very poor prognosis and are dependent on intensive care." Although intensive treatment might help them to survive, "they have an extremely poor prognosis and a poor quality of life." The third group has a "hopeless prognosis" and experience "what parents and medical experts deem to be unbearable suffering," whether or not they need intensive medical care. Within this group, the doctors include "a child with the most serious form of spina bifida," a condition in which the spinal column does not close completely.

According to the doctors, in the Netherlands there are 15 to 20 cases of euthanasia each year in newborns who fall into the third group. Two cases reviewed by the authors resulted in court cases in the mid-1990's, and in each case, the Dutch courts "approved the procedures as meeting requirements for good medical practice." The authors also examined 22 cases of euthanasia of newborns with severe cases of spina bifida that have been reported to district attorneys' offices since 1997. None of those doctors were prosecuted.

Publishing the Groningen guidelines "is not about our preparedness or joy in ending life," Dr. Verhagen said. "It's another phase, the phase that comes afterward. If you end the life of children, are you prepared to be accountable for it?"

Douglas J. Sorocco, a lawyer in Oklahoma City who has spina bifida, said that doctors might be quick to classify a baby as a hopeless case who might, with the right medical care, lead a happy and productive life. He said he might be classified as having "the most serious form" of the condition, since he was born with an open spine.

"People with spina bifida are having families, and making a contribution to their communities," said Mr. Sorocco, who is chairman of the board of directors of the Spina Bifida Association of America. "I would say I have a life worth living. My wife would say I have a life worth living. My family would say I have a life worth living."

Dr. Verhagen said that he did not question the quality of life of people like Mr. Sorocco, but argued that there was no comparison between those healthy people and the developmentally devastated newborns described in his paper.

Arthur Caplan, a professor of bioethics at the University of Pennsylvania, said he could not imagine such guidelines and practices becoming the norm in the United States. "It's not acceptable to the culture," he said.

The doctors in the Netherlands appeared to agree. "This approach suits our legal and social culture," they wrote, "but it is unclear to what extent it would be transferable to other countries."

Wednesday, March 9, 2005

The "Common Ground" Gathering; the Court's Recent Death Penalty Decision

I have nothing to add to Mark's posting below (March 7) about this past weekend's gathering in DC, except to highlight something Mark said in which I strongly concur and which merits emphasis:

    "[One often hears, frequently] from the right, ... that the [Consistent Ethic of Life] is philosophically and theologically incoherent because abortion involves a fundamental evil, a primordial affront to life, while the other values all involve prudential decisions about which people can disagree reasonably, i.e. the non-equivalence argument. We spent some time talking about this (tho not enough). I think part of the response is that there are at least some prudential issues to be considered by both citizens and lawmakers as to how the moral evil of abortion is to be handled as a matter of law in a pluralistic democracy, and that the questions of just war, capital punishment, amelioration of poverty involve the principle of life in such a way that not all disagreements can be dismissed as reasonable prudential disagreements. So there is more equivalence than is assumed by critics on the right. Furthermore, the argument that all of these issues are not 'equivalent' in importance, even if true, does not mean that they are not linked by the principle of life in a way that requires a consistent approach to them all."

    In his posting below (March 8) on the idea of a Seamless Garment Party, Rick asserts that the Supreme Court's recent death penalty decision was "raw, unprincipled, intellectually flabby, anti-democratic judicial posturing".  I have enormous respect for Rick--I wish he were my colleague--but I strongly disagree with his judgment (and with the language with which he makes it).   And, eventually, in something I plan to write, I'll explain why I disagree with Rick's judgment.  But for now I just wanted to register here my own judgment that the Court reached the right--the constitutionally right--result.   Of course, for a constitutional scholar to say this is rarely for him or her to say that the Court's opinion  was ideal.

mp

Friday, March 4, 2005

Million Dollar Baby

[I know that many MOJ readers will be interested in this posting, by philosopher Elizabeth Anderson over at Left2Right.  I assume that in the days to come, there will be some interesting comments on the posting at the Left2Right blog.  One can access the blog by clicking here.  mp]

Million Dollar Baby

Thursday, March 3, 2005

Religious Freedom in the UK

[Gerry Whyte, a constitutional scholar who teaches at, and was recently dean of, the Trinity College, Dublin, Law School, thought that readers of this blog might be interested in the item below.  mp]

'I could scream with happiness. I've given hope and strength to Muslim women'

Schoolgirl tells Guardian of her battle to wear Islamic dress

Dilpazier Aslam
Thursday March 3, 2005

Guardian

A schoolgirl who yesterday won the right to wear the Islamic shoulder-to-toe dress in school said the landmark ruling would "give hope and strength to other Muslim women".

In an exclusive interview with the Guardian, Shabina Begum, 16, described the court of appeal verdict against Denbigh high school in Luton as a victory for all Muslims "who wish to preserve their identity and values despite prejudice and bigotry".

After a two-year campaign by Shabina, Lord Justice Brooke found her former school had acted against her right to express her religion by excluding her because she insisted on wearing the jilbab. The ruling, overturning a high court decision which dismissed her application for a judicial review last year, will affect every school in the country.

Almost a year after the French government banned "conspicuous" religious symbols, including the hijab, in schools, the judge called on the Department for Education to give British schools more guidance on how to comply with their obligations under the Human Rights Act. "I really feel like screaming out of happiness," said Shabina, who was represented at the court of appeal by Cherie Booth QC.

"I don't regret wearing the jilbab at all. I'm happy that I did this. I feel that I have given hope and strength to other Muslim women.

"I also feel a bit sad when I think why couldn't this judgment have been made two years ago? In the end it's my loss. No one else has lost anything."

Shabina had worn the shalwar kameez [trousers and tunic] from when she entered the school at the age of 12 until September 2002, when she decided it was against the tenets of her religion. When Denbigh refused her request to wear the jilbab, she was excluded, becoming the reluctant poster girl of a campaign that has been reported in 137 countries.

"I thought it would be acceptable to wear because most people at the school are Muslim," she said. "Then when I was refused I thought a month maximum. Then it just carried on. I get recognised when I go out and other people point to me. They say, 'Are you that girl?'"

Denbigh high school, which has a 79% Muslim intake, said it had lost on a technicality and the school was proud of its multi-faith policy. It said in a statement that it takes into account the cultural and religious sensitivities of pupils.

Girls at the school were permitted to wear skirt, trousers or a shalwar kameez and headscarves, which complied with school uniform requirements. The statement said: "The policy was agreed by the governing body following wide consultation with the DfES, pupils, parents, schools and leading Muslim organisations."

The local education authority, Luton borough council, said all schools would now be advised to take pupils' religion into account when imposing dress rules.

Shabina, who was forced to switch to a school that did not prevent Muslim girls from wearing the jilbab, said her campaign had taken its toll.

"I can't be normal with friends if I do not go to school with them. I feel like my social skills have really been lacking. I do not really have many friends at my new school."

At times, even some of her peers cast doubt on her case. "Some of my friends said to me, 'It's not an obligation, why are you going to get yourself excluded because of it?' I said that it is - look at verse number 3.59," she said referring to the Qur'anic passage which she believes obliges Muslim women to cover their bodies bar their hands and face.

In April last year Shabina's mother died, a month before she lost her case at the high court. Excluded from school and fighting a daunting legal battle, she said the 12 months leading up to her mother's death were the worst of her life.

Her initial defeat did not come as a complete surprise. "Our solicitors told us we only had a 5% chance of winning the case because it's a radical judgment. They would prefer the court of appeal to do that. After I heard that I felt like I had nothing else to lose."

In a statement after the judgment, Shabina added: "Today's decision is a victory for all Muslims who wish to preserve their identity and values despite prejudice and bigotry."

She said the school's decision has been "a consequence of an atmosphere that has been created in western societies post-9/11, an atmosphere in which Islam has been made a target for vilification in the name of the 'war on terror'."

She told the Guardian: "I hope in years to come policy-makers will take note of a growing number of young Muslims who, like me, have turned back to our faith after years of being taught that we needed to be liberated from it.

"Our belief in our faith is the one thing that makes sense of a world gone mad, a world where Muslim women, from Uzbekistan to Turkey, are feeling the brunt of policies guided by western governments. I feel I've made people question the jilbab issue again.

"Both France and Britain are calling for freedom and democracy, but something as simple as the jilbab still takes two years to get okayed."



Monday, February 28, 2005

Religion and Liberalism

[Thought this item would be of interest to readers of this blog.]

Sightings  2/28/05
Conservative Hopes for Liberalism
-- Martin E. Marty

Sightings likes to look both right and left.  Few magazines in our library or mailbox are liberal, but the sometimes somewhat liberal New Republic, which celebrates its ninetieth anniversary this very day, is here with an issue dedicated "To Liberalism!  Embattled ... And Essential."  The authors of eight articles on the subject are very hard on what remains of liberalism, and offer rather modest signals of hope for tomorrow.  Religious language and themes run through many of these articles.

Peter Beinart reminds us that "great causes and missionary impulses that rouse citizens to engage with the world" -- old liberal themes -- have largely passed to conservative mission-minders.  Jonathan Chait asks us to "imagine that God were to appear on Earth for the unlikely purpose of settling, once and for all, our disputes over economic policy," presenting irrefutable empirical data that conservatives were correct.  "How would liberals respond?" Chait asks.  They would bow down and change.  Suppose, on the other hand, that God's empirical data agreed with the liberals' claims.  Conservatives would be unmoved; they believe in certain dogmas, no matter what the situation, claims liberal-chiding Chait.

Martin Peretz joins so many others these days in wishing that "the most penetrating thinker of the old liberalism, the Protestant theologian Reinhold Niebuhr," could reappear -- though heirs of those to and for whom Niebuhr spoke would not listen because he "held a gloomy view of human nature."  No spokesperson has succeeded him as philosopher-theologian for liberals.  Someone should come along and wake them up.  Leon Wieseltier speaks of his own "Augustinian heart," and criticizes another author for "his sunniness about salvation" from economic problems -- a limiting factor today.

E. J. Dionne, who for years has fused religious themes with moderate liberal economic and political philosophy and concerns, anchors the issue with a long altar call worth the price of the issue: " Faith Full: When the Religious Right Was Left."  He, too, wishes for a Reinhold Niebuhr to infuse liberalism with now-neglected Augustinian views of original sin.  Dionne's historical sweep is impressive.  Today's media has stood in awe of evangelicalism as a phalanx devoted to anti-abortion, anti-gay, anti-stem-cell research, pro-school prayer, pro-gun, pro-death penalty, pro-war concerns.  Such portrayals present a distorted picture, and the many dimensions of evangelicalisms also suggest other issues.  And they have different, usually unknown or overlooked, histories.

Dionne is concerned that the new assertiveness by political evangelicals has helped drive liberals into secular(istic) positions, postures, and camps.  And he shows why, if that is the case, these are futile situations to be in -- situations that also obscure the religious ancestry of modern political liberalism.  The "Social Gospel" was part of the program of both William Jennings Bryan-type progressive-conservatism and liberal Christian social activism.  The same goes for Catholicism, whose Bishop's Program of 1919 pioneered New Deal measures.  And, of course, liberal Protestantism was then in the vanguard.

Look to your roots, Dionne seems to be saying to evangelicals, Catholics, and liberal Protestants alike.  The current growths and branches do not reflect those roots very well.

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