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, November 12, 2010

Chesterton on Juries

"Almost 80 years ago, G. K. Chesterton, the English essayist, observed the following about a jury: Our civilization has decided, and very justly decided, that determining the guilt or innocence of men is a thing too important to be trusted to trained men. It wishes for light on that awful matter, it asks men who know no more law than I know, but who can feel the things I felt in the jury box. When it wants a library catalogued, or the solar system discovered, or any trifle of that kind, it uses up its specialists. But when it wishes anything done which is really serious, it collects twelve of the ordinary men standing round. The same thing was done, if I remember right, by the Founder of Christianity.Gilbert K. Chesterton, Tremendous Trifles: The Twelve Men (New York, Dodd Mead and Company, 1922) at p. 86-87." United States v. Diggs, 52 M.J. 251, 256 (C.A.A.F. 2000)

HT:  Brandon Hale

Tuesday, November 2, 2010

The Election: The Problem with the current political arrangements

"As is the case every several years, we are asked to tune in briefly to decide which impersonal agent in the society will work to effect the common good – whether the market or the government. We are then expected, and largely welcome, the freedom to tune back out. And, predictably, our present discontents are born of the fact that neither of these agents is very good at providing for what’s promised, giving birth to extensive civic disillusionment and frustration."  In this essay, Patrick Deneen reminds us of an alternative to the current debate.

Monday, October 11, 2010

The Legacy of Employment Division v. Smith

My OU colleague, Allen Hertzke, has an important and insightful article, "The Supreme Court and Religious Liberty:  How a 1990 decision has come back to haunt us, and how its damage might be undone," in the most recent Weekly Standard.  Comments on his analysis are welcome.

Tuesday, September 21, 2010

Elizabeth Scalia on "Why I Remain a Catholic"

A beautiful, honest, and very personal reflection on her relationship with the Church.

"I remain within, and love, the Catholic Church because it is a church that has lived and wrestled within the mystery of the shadow lands ever since an innocent man was arrested, sentenced, and crucified, while the keeper of "the keys" denied him, and his first priests ran away. Through 2,000 imperfect -- sometimes glorious, sometimes heinous -- years, the church has contemplated and manifested the truth that dark and light, innocence and guilt, justice and injustice all share a kinship, one that waves back and forth like wind-stirred wheat in a field, churning toward something -- as yet -- unknowable."

Read the rest here.

Wednesday, September 15, 2010

Red Mass in Norman, Oklahoma at 5pm on Sept. 19

The 31s annual Red Mass at OU will take place at St. Thomas More parish this Sunday at the 5pm mass.  Our own Susan Stabile will give her reflections on the day's scripture readings and how they speak to law and lawyering.  A wine and cheese reception sponsored the College of Law's Catholic faculty members will follow mass.  Law students, lawyers, judges, and others involved in administering the law are especially invited to join us on Sunday evening.

Friday, September 10, 2010

Catholic Higher Education: An Update on St. Gregory's University

St. Gregory's University in Shawnee, Oklahoma recently added two new board members:  F. Russell Hittinger, Warren Professor of Catholic Studies and Research Professor of Law at the University of Tulsa and W. Perry Hodgden, Associate Director of Investments at Oppenheimer in Kansas City, Mo.  And, I was elected to the Board's Executive Committee.

At yesterday's meeting, the Board of Directors unanimously adopted a statement of identity, confirming clearly its Catholic and Benedictine foundation.  This statement, "May Faith Grant Light:  The St. Gregory's Difference," will provide the vision driving academic and co-curricular planning, hiring, allocation of resources, fundraising, and student recruitment. Here is the statement:

May Faith Grant Light: The St. Gregory’s Difference

“Only in faith can truth become incarnate and reason truly human, capable of directing the will along the path of freedom.”  Pope Benedict XVI

Welcoming all who want to take advantage of the excellent opportunities afforded by St. Gregory’s University, the university especially seeks students from all walks of life who have a burning desire to go into the world and bear witness to Christ’s love and faith’s light with their very lives as they pursue vocations of marriage, parenthood, and consecrated life, utilizing their passions and talents as entrepreneurs, managers, and other members of the business community; teachers, doctors, nurses, lawyers and other members of the professions; and painters, dancers, actors, and other creators of beauty.

St. Gregory’s strives to educate and form the whole person in the context of a Christian community in which students are encouraged to develop a love of learning and to live lives of balance, generosity, and integrity.  The Benedictine motto, ora et laborapray and work, is taken seriously as those who serve the university as faculty, staff, and administrators endeavor to model a balanced life of prayer, study, work, and leisure in a spirit of hospitality, community, reverence, attentiveness, and service.

St. Gregory’s University, with its motto, fides lumen praebeat – may faith grant light,  continues in the United States and Oklahoma a 1500 year old tradition of organically establishing life-giving cultures rooted in an integration of faith and reason and grounded firmly within the Catholic Church.   In those “dark ages” after the fall of the Roman Empire, small lights of faith and learning flickered throughout Europe as Benedictine monks kept the embers of civilization alive by collecting and preserving manuscripts, opening schools, and planting the seeds for the development of vibrant Christian communities.  Several times during his pontificate, John Paul II spoke of the coming of a great springtime for Christianity, the Church, and the human spirit.  He said:  The mission that the Church, with great hope, entrusts to Catholic Universities holds a cultural and religious meaning of vital importance because it concerns the very future of humanity” (Ex Corde Ecclesiae).  We invite you to join us here at St. Gregory’s University to bear the first fruits of the seeds planted so many years ago by living out the Great Commission in the 21st century.

Truth, goodness, beauty, and unity shape our classical liberal arts curriculum.  Pope Benedict XVI reminds us of “the intrinsic unity that links the different branches of knowledge:  theology, philosophy, medicine, economics, every discipline, even the most specialized technologies, since everything is connected.”  The Core Curriculum serves as the lens through which students come to see this unity.  It includes a four semester sequence of seminars –“Traditions and Conversation”- based upon the literary and cultural heritage of Western civilization and four courses in “Faith and Reason” encompassing introductions to theology, philosophy, scripture, and ethics.  Throughout the curriculum, excellence is expected of both faculty and students as we strive to provide an academically rigorous education.  Our favorable student to faculty ratio provides ample opportunity for students and professors to get to know each other both inside and outside the classroom.

Continue reading

Thursday, September 2, 2010

Save the Date - Sixth Annual Conference on Catholic Legal Thought

Mark your calendars!  The Sixth Annual Conference on Catholic Legal Thought will be held at the University of Oklahoma College of Law May 17-19, 2011. I am pleased to announce that  Paul Griffiths, Warren Professor of Catholic Thought at Duke University and Steven Smith, Warren Distinguished Professor of Law at the University of San Diego are confirmed as the two featured speakers.

The conference is designed primarily for those faculty who currently teach or have an interest in teaching courses in Catholic Social Thought or Catholic Legal Theory as well as those whose scholarly work involves a direct engagement with the Catholic and more broadly Christian intellectual tradition.

More details will follow as we get closer to the time of the conference.

In the meantime, if you have questions, I can be reached at [email protected]

Wednesday, August 25, 2010

"Mosque furor echoes early American ant-Catholicism"

“We are awake to the hypocrisy and schemes of that designing, crafty, subtle, far-seeing and far-reaching Power, which is ever-grasping after the whole world, to sway its iron scepter with blood stained hands over the millions of its inhabitants.”  

OSV's editorial tells us that these words were written not in protest to the proposed building of a mosque near ground zero but in protest of "of a gift by Pope Pius IX of a block of marble for the Washington Monument.  The outrage felt by true-blue Americans was so great that the marble was reportedly tossed into the Potomac."

The editorial does not propose a solution to the mosque controversy but rightly hopes that legitimate dialogue and debate will trump heated rhetoric. 

Sunday, July 11, 2010

Links to my Camino de Santiago blog posts

If you have been reading MOJ for some time, you know that I walked 500 miles of the Camino de Santiago last October.  I have been asked to link all my Camino blog posts in one place.  They are linked starting with the oldest first:  here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, herehere, here, and here.

And, here is the YouTube video of "Buen Camino:  The Happy Pilgrim Song," written by Mark Gardner, Bill Stavinoha, and yours truly and performed on Nov. 1, 2009 in front of the Santiago Cathedral..

Finally, the trailer to Emilio Estevez's film, "The Way" starring his father, Martin Sheen, which will be released later this year.  Filming corresponded roughly with my walking the Camino - they were filming in St. Jean Pied de Port, France when I started the Camino and they arrived in Santiago five days after I did.

Friday, July 9, 2010

Response to Aidan O’Neill

In response to my question, “What gives this court the authority to determine whether a particular religious interpretation is misguided?,"  Aidan says:

I think that by using the word “misguided” the court is not suggesting that the views expressed are not in fact true expressions of the particular religious beliefs described, but rather that those religious beliefs when acted upon are morally wrong because inimical to the proper respect for individual human dignity that is incumbent upon all States and societies.  The (anti-relativist) realization that there are absolute moral values (captured in the concept of “human rights”) which are not culturally relative or religiously specific  and which States and societies and religions must protect and promote in order to have legitimacy is a post WW11/post-Nuremberg phenomenon common to the political/legal cultures of the civilised world. 

There are two problems with Aidan’s response, as I see it.  First, there is no universal –or near universal - consensus in the “civilized” world that “respect for individual human dignity” requires recognition of same-sex sexual relationships.  In the aftermath of WWII, the “civilized” world did come to recognize that certain rights were necessary to give “respect for individual human dignity,” but recognition of same-sex relationships was not among these recognized rights.  By contrast, in the asylum context, the world community recognized the right to political and religious freedom as constitutive of human dignity.   The “enlightened” West has for a long time tried to promote abortion as a fundamental right necessary to the proper respect of individual human dignity and now it is trying to promote same-sex relationships on the same ground.  But, without the same sort of consensus that came together in the aftermath of WWII, what gives this court the authority to determine whether a particular religious interpretation is misguided?  Aidan, I look forward and hope for your response.

Second, as Mary Ann Glendon pointed out in her chapter of “Recovering Self-Evident Truths:  Catholic Perspectives on American Law,” the post-WWII/post-Nuremberg consensus involved a pragmatic consensus about some important but minimal international human rights.  What they didn’t decide – and didn’t even discuss much – was the foundation for those rights.  In other words, the anthropological questions, which would have addressed “why human beings have rights and why some rights are universal” (p. 317), were rarely discussed and never resolved.  Aidan states that “An expression by the court that the actions by another State or significant religious or cultural or political non-State institutions within that state contravene fundamental human rights is very much the province and duty of the judge, and I see no usurpation of power in their so doing in this particular case.”   Hmm?  On what ground does the court presume to develop (evolve?) the list of fundamental human rights or legally binding “absolute moral values” beyond those agreed to in treaties without a guiding principle or criterion for determining what rights human beings have and what rights are fundamental.  Isn’t the court really engaged in an exercise of raw judicial power (maybe for good or maybe for ill) without some foundational premises from which to derive their specific conclusion?  Thoughts?