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.

Thursday, December 24, 2009

Venite Adoremus

Merry Christmas from snowed in Norman, Oklahoma

Saturday, December 19, 2009

St. Gregory's University Commencement Speech

I had the honor and pleasure of giving the commencement speech at St. Gregory's University this morning.

Here are remarks:

It is an honor and pleasure to be with you this morning on this important occasion in the life of each of you graduates, your parents and families, and St. Gregory’s University.  For those of you who are concerned that I will talk for too long.  Don’t worry!  As a professor, I only talk in 50 minute increments.  I ask [you] to be my time keeper, stopping me at 51 minutes.  I’m joking.  I’ll try to be brief so that you all can get on with your much deserved celebration.

 

The pleasure of speaking to you today is greater because, here, in this place, we can make a visual connection between education and the Benedictine order.  In other words, we can literally see the debt the world-wide project of education owes the Benedictines.  Look at the gowns you are wearing.  Most of you have worn graduation gowns before – at your high school (and for you master’s students, at your college graduation).  Now look at the gowns -the habits- that the monks are wearing.  The two are intimately connected.   Nearly 1500 years ago, in those dark ages after the fall of the Western Roman Empire, small lights of learning flickered throughout Europe as the Benedictines, founded by St. Benedict, kept the embers of civilization alive by collecting and preserving manuscripts and opening schools.  No, this is not hyperbole, it is history, and you are a vital part of that continuing story.  Cambridge University as well as the universities of Paris, Tours, and Lyon grew out of these monastic schools.  Although Benedictines did not found Oxford, they played important roles in its development by the 13th Century.  The gowns you are wearing today and that your peers at OU, OSU, Tulsa, and OBU down the street wear on such occasions stand as a silent but often forgotten testament to the contributions made by the Benedictine Order to Western Civilization generally and education in particular. 

Joseph Ratzinger, in choosing the name Benedict upon his election as Pope, recognized, I think, these Benedictine contributions and their importance at this pivotal moment in history when, in Ratzinger’s words, we are threatened with” a dictatorship of relativism,” where no one and no thing is sacred.  In a homily given shortly before he was named pope, Ratzinger said: 

Today, having a clear faith based on the Creed of the Church is often labeled as fundamentalism. Whereas relativism, that is, letting oneself be "tossed here and there, carried about by every wind of doctrine", seems the only attitude that can cope with modern times. We are building a dictatorship of relativism that does not recognize anything as definitive and whose ultimate goal consists solely of one's own ego.

In this short reflection, I don’t have time to develop and defend this proposition, but each of us, I would suggest, experience this relativistic influence in our lives, even those of us who attempt to seek God with our whole being.  We can’t help but be influenced by these forces because they are simply part of the “cultural air that we breathe.”  Outback Steakhouse’s “No rules” and Nike’s “Just do it” resonate precisely because the prevailing winds of our society uproot us from faith, family, community, and tradition, whispering to us that the goal of life is to be free of such attachments – such bonds – so that we might become “autonomous,” creating our own meaning, with the freedom to choose our own path in life.

If the Pope’s thesis is correct, our culture faces many problems and is truly in need of a new Benedict.  But, more immediately a problem arises in each of our lives for which these prevailing winds provide no answer:  How should I choose?  By what criterion do I decide how I should live my life?  Far from its promised freedom, this rootless and radical autonomy creates paralysis.  Without an answer – without criteria for choosing, many, especially in your generation, are rudderless in a sea of choices.  How am I to live my life?  How am I to choose?  And, can I be happy – truly and deep down happy however my life turns out?  These questions haunt many people today, carrying, I suspect, particular weight for those wearing graduation gowns.

I spent the month of October this year on pilgrimage in Spain.  During this time, I enjoyed conversations with perhaps 80 or100 young adults, mostly in their 20’s from 30 different countries, as we walked 500 miles across northern Spain on an ancient pilgrimage route called the Camino de Santiago (the Way of St. James).  Some of these encounters were very brief – an hour or two as we walked for a short while together through vineyards on Roman Roads.  Others were extended conversations spread over days or weeks, beginning perhaps while cooking a meal together in the evening and continued during a chance encounter while walking through a medieval town.  If I can generalize, most of these young people had several common traits.  They had recently left jobs, careers, or relationships.  They were unsure of the direction to take in their lives.  And, although they would call themselves spiritual rather than religious, they intuited that walking this Christian pilgrim route would bring them some clarity. 

Permit me to recount one such encounter.  While walking through a small farming town with its magnificent Gothic church, I ran into David (not his real name), a 26 year old Frenchmen who I had met two or three days prior.  He greeted me warmly -“Michael”- and asked if I had eaten lunch.  When I told him I had not, he shared his lunch – including a cookie – with me. During our conversation, he told me that he like so many others in his generation – your generation - was hesitant to make commitments – to the church, to politics, to jobs, and in relationships.  He was interested in leading a good life for himself in service to the community – as reflected in offering me lunch, but this modern or post-modern paralysis of which we have spoken had overtaken him.

David sought answers by committing to walk in the footsteps of Francis of Assisi and the millions of other pilgrims who have walked the Camino over the past 1000 years.  Without being fully aware of it, he had put himself within a tradition in which the answers to life’s most pressing and ultimate questions can be found.  Although we are Facebook friends, I haven’t yet asked David whether he found the answers he was seeking.  And, you parents in the audience can breathe easy because I am not suggesting that your sons or daughters need to spend five weeks walking across Spain in order to find themselves.  What I am suggesting is that the Catholic Christian tradition within which you graduates have been studying these past few years offers answers to the questions that life presses upon young adults as they prepare to find their place in the world.

My friend J-Robert, found himself face to face with this tradition – and these questions - more than 20 years ago.  At the time he was a highly successful business person, owning a large food processing company.  He had faithfully attended church all his life, but I think it is fair to say that in many ways he and Christ were acquaintances or maybe casual friends rather than intimate friends.  At some point this changed, and he fell deeply and madly in love with Christ.  And, this created a problem for J-Robert.  With Christ at the center of his life, shouldn’t he take seriously Christ’s words to the rich young man:  “sell all you have, give to the poor, and come follow me.”  J-Robert decided to do what any good Catholic would do, he’d ask Mother Teresa.  So, he boarded a plane and flew to India, fully committed to selling all he had and giving the proceeds to the poor if that is what Mother Teresa directed him to do. 

J-Robert said:  "I went to see her with one question I had been carrying since birth. I am a fragile Roman Catholic born into the privilege of faith and wealth. I asked her, 'Mother, should I give everything I have?'" “Mother Teresa pondered a reply for 20 seconds and said, ‘You cannot give it: It has never been yours. It has been loaned to you. You can try to manage what has been loaned to you for God, but if you want to go further, you can try to manage what has been loaned to you, with God.'”  "I was getting my answer," J-Robert said. "I knew then I had to follow God's hierarchy of love. My wife was to come first and then our four children. I realized I had my wife at number 200 in priority. Then were to come the families of the organization I was leading, and to branch out from there." His multi-million dollar company’s motto now reads “Pray so as to Manage in God.”

J-Robert is one of those rare people that you meet.  Looking into his eyes, I could tell within five minutes of meeting him that he was filled with great happiness and that peace that passes understanding.  That peace and happiness we all desire!  I found out later that he is also, unsurprisingly, a man of deep prayer. Early on he had recognized his talents and made a commitment to use those talents for the good.  Later, after meeting Mother Teresa, he decided to partner with Love himself in carrying out this vocation.

What I am suggesting is that for each of us, in the circumstances of our lives, God has offered us a unique and important way to be truly happy.  It isn’t the same for each of us, but the opportunity is there.  In short, each of you has the capacity for the happiness and peace experienced by my friend, J-Robert.  Each of you has the ability to contribute to the good of your communities in your own unique ways.  You can make a difference.  I pray that each and every one of you has the wisdom to discern your talents and desires, the courage to commit them to use in service to the human community, and the faith and hope to pursue your unique vocation with great love toward everyone you meet on this pilgrim walk through life. 

Congratulations!  

Saturday, December 12, 2009

Further comments on contraceptives and the environment

Steve, I don't think that suggesting that the availability of contraceptives undermines the environment for women is just a play on words.  Women here are being asked by Goodman to pollute their own bodies in order to save the planet.  That seems odd to me and also somewhat oppressive of women who are being asked to accept this sacrifice.

The environmental damage done by the contraceptive pill goes beyond polluting the bodies of woman.  An MOJ reader sent me two articles (here and here) discussing the environmental damage (to fish and other parts of our eco system) resulting from water pollution caused by water tainted with estrogen.

Contraceptives and the Environment: A reply to Steve

Some questions and comments regarding Steve's post linking Ellen Goodman's column on fertility rate, access to contraceptive information, and the environment.

Steve says:  "Of course, Church leaders will think these considerations [protecting the environment] do not bear on the moral issue [contraceptives]."  Why do you think this Steve?  I suspect at a deep level, Church leaders would disagree with the factual claim that greater access to contraceptives will lead to greater environmental protection.

Goodman asserts that societies that have access to A (access to contraceptives) also have B (fewer children).  She then concludes that C (environmental protection) will follow.  But, does she (or others) make a case for a causal link between A and B and AB and C?

Does Goodman address (or maybe she doesn't care) about the less than replacement fertility rate in much of Europe?

Finally, it seems an odd argument to me that the earth's environment should be cleaned up by polluting (in the case of some contraceptive options) the bodily environment of women.  

 

Wednesday, December 9, 2009

Is this really what government ought to be meddling in?

From ESPN's website:

Federal legislation that could lead to a college football playoff tournament will move a step closer to reality on Wednesday in a hearing before a subcommittee of the U.S. House of Representatives.

The Subcommittee on Commerce, Trade, and Consumer Protection will consider a bill that would allow the Federal Trade Commission (FTC) to prohibit any bowl game from calling itself a "national championship" unless the game is "the final game of a single elimination post-season playoff system." The subcommittee is expected to vote on the proposal on Wednesday after a line-by-line consideration of the bill.

Written and sponsored by Rep. Joe Barton (R-Tex.), the bill is a direct attack on the BCS and, if enacted, would bring the long simmering controversy over the BCS to an end. In a legislative process that is long and can be tortuous, the hearing is a significant step. This is the furthest any bill on the BCS controversy has ever progressed on Capitol Hill.

Tuesday, December 1, 2009

Football and philosophy

From Ivan Maisel's Three Point Stance

It’s important that Notre Dame remain relevant in college football, not only for history and tradition, but because Notre Dame still believes that high academic standards and winning can co-exist. Asked Monday if it’s tough to focus on school while thinking about who the next coach might be, Irish defensive end Kapron Lewis-Moore said, “Actually with me the hardest thing is thinking about if I want to write about Aristotle in my philosophy paper.” Beautiful.

Monday, November 30, 2009

Authority: The Church, the classroom, and the Camino

Continuing the thread on "Rebellion Against Church Leadership" (here, here, and here) and a post from the Camino (here), I offer some thoughts on the question of" authority," a word that has gotten a bad rap for a generation or two. 

Each of us voluntarily submits to numerous authorities in our lives. 

  • When I fly, I voluntarily submit to the authority of the airline, the FAA, and the TSA..  If I am not entitled to check-in in the line for elite travelers, I can be told to go to the back of the regular persons line.  I must submit a proper form of identification to proceed past security, and I can't take my water bottle with me at this point.  Airlines have been known to make unscheduled landings to deplane passengers who rebel against the airline's rules.  In short, the airline proposes rules (doesn't mandate them for anyone), but once you decide to fly, you are bound by the rules, and the authorities have the right and the means to enforce the rules. 

Individuals choose to submit to our authority when they enroll in law school and register for our classes.  In my class, I reserve the right to count tardy students absent, decrease grades for excessive absences, and call on students with the expectation that they will be prepared.  In short, the law school proposes rules (doesn't mandate them for anyone), but once you decide to attend the law school, you are bound by the rules, and the authorities within the law school have the right and the means to enforce the rules. 

  • On the Camino, I voluntarily submitted myself to the authority of yellow arrows and blue/yellow concha shells for 500 miles, trusting that they would lead me to my destination.  Although I was free to desregard the signs, ignoring them (ignorance?) came at a cost.  Unlike the airline situation or my classroom, there was little in the way of an external authority enforcing the rules.  This really only came about in two instances.  First, the albergues (the pilgrim's hostels) turned away people who had arrived by motorized vehicle, reserving the valuable bed spaces for walker's first,followed by those on bicycle or horseback if there was room.  Second, in Santiago, a pilgrim could apply for a Compostela (a certificate indicating that the person had completed a religious pilgrimage).  Those who were walking for purely non-religious reasons got a piece of paper acknowledging their walk in lieu of a Compostela.  (more on this later)

    The Catholic Church, it seems to me, is similar to the Camino in the exercise of its authority.  It provides signs (like the yellow arrows and blue/yellow concha shells) that point those who are following the path to greater love and holiness.  It proposes that if you partake in the Sacraments regularly with an open heart, if you spend time in prayer with an open and broken heart, if you perform works of charity and love with an open heart, if you live a chaste life and follow the commandments (the moral law) with an open heart, you will be on the path to wholeness and happiness in this life and the next. 

    • No one (at least in our day) is requred to be on the  path proposed by the Church. 
    • Most if not all of us who choose this path, proceed imperfectly, failing in multiple ways more often than we succeed.
    • Like the Camino (and unlike flying and law schools), the Church rarely uses external authority to enforce its rules.  In short, unlike the TSA, it isn't normally checking credentials in the communion line. And, unlike my classroom, it isn't calling on its members to answer for themselves.  For the rank and file Catholic, it is only when someone wants something from the Church (the sacrament of marriage, for instance), that the Church checks the credentials of its members. 

    Most of the people on the Camino would describe themselves as spiritual and not religious.  Like so many others today, they are leary of commiting themselves to an authority outside of themselves.  Yet, when questioned (by me in casual conversation), they saw some profound power in following this ancient pilgrimage tradition.  They were seeking answers to life's ultimate questions (which is a religious quest) and chose this path because of its tradition.  Upon arriving in Santiago, they received the Compostela from the issuing authority because their's had a religious/spiritual journey. 

    I met two people who were refused the Compostela by the issuing authority because, when questioned, they responded that they had walked the Camino solely for non-religious reasons.  Their very different responses highlighted their notions of authority.  One person was completely fine with not receiving the Compostela.  He understood that the issuing authority had a right to set its own rules, and even though it had set a fairly low bar, he couldn't in good conscience meet it.  The other person was irate.  She had walked the 500 miles and was, in her words, entitled to the Compostela.  She wanted to define the rules by which the issuing authority had to live.

    How do we respond to the authorities in our lives?  How should we respond?  How is Church authority similar or different to other authorities?  And, when we feel that an authority, especially the Church authority, is abusing its power, how should we respond?  Like Martin Luther or Matthew Fox?  Or, like Dorothy Day, Francis of Asissi, Catherine of Siena, and Teresa of Avila?


     

  • Saturday, November 21, 2009

    "Realism in Christian Public Theology"

    The Murphy Institute for Catholic Thought, Law and Public Policy (co-directed by Lisa Schiltz and formerly co-directed by Tom Berg) is hosting an engaging conference entitled "Realism in Christian Public Theology:  Catholic and Protestant Perspectives."  Today's offerings include Rob Vischer on lawyering, Victor Romero on immigration, David Skeel on "Law, irony, and the Church in Reinhold Niebuhr," and Bill Cananaugh on "A Nation with the Church's Soul:  Realism and Ecclesiology."  Yesterday, Susan Stabile (following her talk at Georgetown last week) provided us with some thought provoking questions in her talk entitled "An Effort to Articulate a Catholic Realist Approach to Abortion."  The questions centered around where, when, and how can we work with and find common ground with our pro-choice opponents.  I'll let her elaborate if she feels so inclined.

    The conference started with two excellent talks by Jean Elshtain and Gerry Bradley.  The two papers provided a good comparison and contrast Niebuhrian realism and unicity of morality found in Catholic moral thought.  During the lively Q & A, Bradley articulated his understanding of the development of Catholic thought on capital punishment, which as Bradley noted, has not yet been fully fleshed out.  If I understood him correctly, he said:   1) The Church teaches that intentional killing is always morally wrong.  2) Under the principle of double effect, self-defense or the defense of others using lethal force if necessary  is not morally wrong (you are trying to stop and aggressor, not kill a person). 3)  capital punishment is justified but only for the purposes of defending the community.  4)  SInce western nations have other means for protecting the community from aggressors, there is no (or almost no) justifiable reason to use the death penalty in those nations.

    Monday, November 16, 2009

    The Center for Ethics and Culture and our Baptist Friends

    With the "Summons of Freedom," Center for Ethics and Culture once again put on an outstanding interdisciplinary conference as reported in a couple of posts by Rick.  Although there is much to report from the many excellent panels and discussions, the defining moment of the conference for me came at the 5pm Mass on Saturday at the Basilica of the Sacred Heart.  As I looked around, I saw prominent Baptist academics - a college president, former provosts, and esteemed professors along with some of their students - reverently joining their prayers with ours in what I view as a hopeful sign of and desire for Christian unity. 

    Monday, November 9, 2009

    "Buen Camino: The Happy Pilgrim Song"

    On the day we arrived in Santiago, Mark, Bill, and I wrote a song titled "Buen Camino:  The Happy Pilgrim Song."  We recorded it on All Saints Day thanks to Johan, a German studying in Santiago.  It is now posted on YouTube if you are interested.