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.

Sunday, September 6, 2009

The loss

Thanks Michael P.  Setting Bradford's injury aside, ESPN's Pat Forde had these damning words for Coach Bob Stoops and the Sooners: 

Say this much about the Sooners: they're not Michigan. This performance was compelling evidence that they're not violating the 20-hour weekly practice rule in Norman. At times it looked like they'd barely practiced 20 hours all August.

Friday, September 4, 2009

Tony Blair on the importance of faith in the public square

Last week Tony Blair spoke at Communion and Liberation's annual meeting in Rimini.  The full text of his speech is here.  Here are some highlights:

[T]here is not just room, but a growing space today for organisations of civic society to step forward and do things that neither market nor state can do.

Many such activities derive from people of Faith; many from our Church. I think of the work it does in tending the sick, comforting the distressed, befriending those without friends on our streets, in our cities but also in remote parts of Africa where without our Church, driven by our Faith, many would be without hope, without love, even without life itself. I only wish these good works received as much publicity that any failings receive.

But such work has a more profound significance and this I also learnt in my years running the government of a major country. I learnt over time that person and state, even bolstered by community is insufficient. That a society to be truly harmonious, to be complete, also requires a place for Faith.

The limits to individualism are in one sense, plain. We only need to contemplate the financial crisis to understand that the pursuit of maximum short-term profit, without proper regard to the communal good, is a mistake and leads to neither profit nor good. Yet, at a deeper level, the case against a purely individualistic or materialistic philosophy has to be made. Young people today have access to technology, to opportunity, to experiences good and bad on a scale my generation never knew and my father’s generation would find fantastical, like something out of science fiction.

The danger is clear: that pursuit of pleasure becomes an end in itself. It is here that Faith can step in, can show us a proper sense of duty to others, responsibility for the world around us, can lead us to, as the Holy Father calls it “Caritas in Veritate.”

*    *    *

Faith enlarges and enriches the idea of community. The recent Papal Encyclical is a remarkable document in many respects. It repays reading and re-reading. But one strand throughout it, is a strong rejoinder to the notion of relativism, to the description of the human condition in society as just some amoral negotiation or set of compromises with modernity; or even just obedience to the majority opinion. Not that it is anti-technology or anti-modern; or indeed anti-democratic.

But it widens and deepens the relationship between individuals and the community in which they live. It puts God’s Truth at the centre of it. In one passage, it describes humanism devoid of Faith as “inhuman humanism”: “Without God, man neither knows which way to go, nor even understands who he is.”

*    *    *

How will we deal with the world’s scarce resources? Who will speak up for the poor, the dispossessed, the refugee, the migrant? How will we bring understanding in place of ignorance and tolerance in place of fear?

It is into this space that the world of Faith and of course the Catholic Church, the universal Church – itself the model of a global institution – must step.

Political leaders on teir own – I tell you very frankly – cannot do this. Not because they are bad people; but because the context and constraints within which they operate make it hard for them to do so. But they can be helped.

*    *    *

This is surely the role of Faith in modern times. To do what it alone can do. To achieve what neither a person, nor a state, nor a community, on their own or even together, can achieve. To represent God’s Truth, not limited by human frailty, or by the interests of the state or by the transient mores of a community, however well intentioned; but to let that Truth bestow on us humility, love of neighbour, and the true knowledge that indeed passes all understanding.

This is Faith, not as superstition, not as an insurance against life’s pitfalls, but Faith as the salvation of the human condition.

Faith not as magic, not as an escape from life’s complexities, but Faith as purpose in life. Faith, not as a mystery we seek to solve; but Faith as a mystery which expresses the limitations of the human mind.

Faith and Reason are in alliance, not opposition.

They support each other; embrace each other; strengthen each other. They are not in a struggle for supremacy. Together they are supreme.

That is why the voice of the Church should be heard. That is why it should speak confidently, clearly and openly. Because within any nation and beyond it, in the community of nations, the voice of Faith needs to be and must be heard,

It is our mission for the 21st century. For modern times. For the future. Science, technology, all the advances of humankind, do not make its voice less important. They make it more so.

So, even with all the diffidence of someone newly into full communion with the Catholic Church, I say: be strong and of good courage. The best days of our Faith, with God’s will, lie ahead of us.

Thursday, September 3, 2009

"Caritas in Veritate: The Truth about Humanity"

Jennifer Roback Morse reflects on Pope Benedict's latest encyclical at the Acton Institute blog.  Her essay begins this way:

Many commentators read Pope Benedict XVI’s Caritas in Veritate as if it were a think tank white paper, and ask whether he endorses their particular policy preferences. It is a mistake to read the encyclical in this way. A close look at the document’s introduction makes plain that Benedict is not a man of the Left or of the Right: He is a non-ideological man of God.

The opening sentence soars above any political platform: “Charity in truth, to which Jesus Christ bore witness by his earthly life and especially by his death and resurrection, is the principal force behind authentic development of every person and of all humanity.” This is our first clue that we are not dealing with a technocrat or ideologue. “Authentic development” points away from the deliberations of politicians and policy wonks. Benedict does not define his objectives in material terms, such as maximizing GDP. Neither does he conduct focus groups or consult experts to figure out what people want. Rather in this encyclical, Benedict reflects on what it means to be authentically human and what the human good actually entails. That is to say, he seeks the truth about man in society.

Some readers will no doubt assume that it is hubris to believe that one can know Truth with a capital “T.” Others may fear that Benedict will somehow impose his “ideology” on the rest of the world. Now, how a city state a few miles across, defended by a handful of guys with medieval weapons is going to impose its will on anyone is beyond my imagining, but put that to one side. Truth has taken such a beating in our time that our contemporaries routinely flinch at its mere mention.

But Benedict is not now, nor has he ever been, afraid of the concept of truth. He is not intimidated by postmodern doubts. He knows where the truth is to be found. The Truth is a person: Jesus Christ.

Woodstock at 40

OSV's Greg Erlandson writes:

We really thought for a short while that the past had no hold on us and that the future was entirely within our grasp. Those illusions took a beating in the last four decades, but I think a lot of the Woodstock philosophy survived: a do-it-yourself moral libertarianism that wants to let everyone do their own thing and distrusts authority. This philosophy, contrary to stereotypes, penetrated both the new left and the new right. Both ideological extremes see Big Brother everywhere and long for a world with as few restraints -- be they social or economic -- as possible.

I came away from this era with a chronic distrust as well, but my distrust is for utopianism, and slogans, and charismatic leaders explaining it all. At the end of the day, any change involves small successes and lots of hard work, and enlightenment comes slowly.

It might not make for a good concert or a good movie, but I think it's the only way to make a good life.

For his full essay, click here.

Red Mass This Evening in Lawrence, Kansas

If you are in the Lawrence, Kansas area this evening, consider  attending the Red Mass, which will be celebrated at 5:15 pm at St. Lawrence Catholic Campus Center.  For more information, click here.

HT:  Emily Friedman

Wednesday, September 2, 2009

Of Football and Politics

As the liturgical calendar turns from Ordinary Time to College Football Time (has the Vatican approved this change yet?), I thought some of our readers might be interested in this WSJ article "Why Your Coach Votes Republican."

Here is a snippet:

Mr. Holtz, who coached Notre Dame to its last national championship in 1988, draws a parallel between the standards and rules that most coaches set for their players and the Republican vision of how American society ought to operate.

"You aren't entitled to anything. ... You get what you earn—your position on the team," Mr. Holtz said. "You're treated like everybody else. You're held accountable for your actions. You understand that your decisions affect other people on that team…There's winners, there's losers, and there's competitiveness."

Hook 'Em Horns!  Go Irish!  Rock Chalk Jayhawk!

Tuesday, August 25, 2009

"The Church and the University"

The August 31 edition of America has Bishop D'Arcy's "pastoral reflection on the controversy at Notre Dame."  Read it here.

Monday, August 24, 2009

"Judge Upholds Law Requiring Doctors to Tell Women Abortion Ends Life"

According to the Catholic Spirit (Archdiocese of St. Paul and Minneapolis):

A federal judge in South Dakota ruled Aug. 20 that a 2005 South Dakota law requiring doctors to inform patients that abortion kills a human being is constitutional.

U.S. District Judge Karen Schreier handed down the decision in a lawsuit filed against the state by Planned Parenthood Minnesota, North Dakota and South Dakota.

Schreier said that although doctors must use the term "human being," it can be used in a "biological sense" and not an "ideological" one. The law specifies that a woman must be told that abortion "will terminate the life of a whole, separate, unique, living human being."

In the same ruling she overturned a requirement in the law that women be informed that abortion can spur suicidal thoughts, increasing the risk of suicide. She termed such disclosures "untruthful and misleading."

Health Care Reform and "Abortion: Which Side is Fabricating?"

Factcheck.org has this to say about health care reform and abotion: " Despite what Obama said, the House bill would allow abortions to be covered by a federal plan and by federally subsidized private plans."  Read the rest at the link provided. 

Sunday, August 23, 2009

A Paper of Possible Interest: The Nuremberg Trials


Douglas Linder
University of Missouri at Kansas City - School of Law


2007


Abstract:     
No trial provides a better basis for understanding the nature and causes of evil than do the Nuremberg trials from 1945 to 1949. Those who come to the trials expecting to find sadistic monsters are generally disappointed. What is shocking about Nuremberg is the ordinariness of the defendants: men who may be good fathers, kind to animals, even unassuming - yet who committed unspeakable crimes. Years later, reporting on the trial of Adolf Eichmann, Hannah Arendt wrote of the banality of evil. Like Eichmann, most Nuremberg defendants never aspired to be villains. Rather, they over-identified with an ideological cause and suffered from a lack of imagination or empathy: they couldn't fully appreciate the human consequences of their career-motivated decisions.

Twelve trials, involving over a hundred defendants and several different courts, took place in Nuremberg from 1945 to 1949. By far the most attention - not surprisingly, given the figures involved - has focused on the first Nuremberg trial of twenty-one major war criminals. Several of the eleven subsequent Nuremberg trials, however, involved conduct no less troubling - and issues at least as interesting - as the Major War Criminals Trial. For example, the trial of sixteen German judges and officials of the Reich Ministry (The Justice Trial) considered the criminal responsibility of judges who enforce immoral laws. (The Justice Trial became the inspiration for the acclaimed Hollywood movie, Judgment at Nuremberg.) Other subsequent trials, such as the Doctors Trial and the Einsatzgruppen Trial, are especially compelling because of the horrific events described by prosecution witnesses.

HT:  Kevin Lee