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, December 2, 2008

In ABA's Top 100 again

Although the folks who do the ABA blog rankings continue to think that we "deliberate over canon law," I do appreciate the fact that Mirror of Justice has been included among the top 100 legal blogs for the second year in a row.  Here is the email I received from the ABA:

"Congratulations. Editors of the ABA Journaltoday announced they have selected your blog as one of the 100 best websites primarily written by lawyers, for lawyers. Your blog is one of the 15 in the Legal Theory category.

'New legal blogs are springing up on a daily basis—we now have more than 2,000 in our online directory. Competition for the time and attention of lawyers is getting fiercer,' says Edward A. Adams, the Journal’s editor and publisher. 'Half the blogs on last year’s inaugural Blawg 100 list didn’t make the cut this year. That’s a testament to the quality of this year’s honorees, and evidence of the increasing amount of valuable information all legal blogs are publishing.'

Now lawyers are being asked to vote on their favorites in each of the Blawg 100’s 10 categories. We encourage you to vote for blogs in all of the categories. To vote, click here. Voting ends Jan. 2, 2009."  

Monday, December 1, 2008

Gregory Wolfe: The Culture Wars Revisited

In 2004, ten years after publishing "Why I am a Conscientious Objector in the Culture Wars," Gregory Wolfe wrote "The Culture Wars Revisited," which is also well worth the read.  Here is a sample:

"Being an intelligent participant in political life is a responsibility everyone should embrace.

But in [a] passion for total war, [some cultural warriors don’t] seem to believe that there should be any civilians tending to other matters back home: everyone should be armed and dangerous. The brilliant poet, philosopher, and political thinker Charles Péguy, who wrote in the heat of France’s culture wars of the early twentieth century, understood the all-consuming demands of modern ideological politics. Péguy’s analysis carries weight precisely because he was an utterly political animal. But he also understood the role of culture in maintaining a healthy polity. So he could write with some authority about political activists who scorn those who look after a society’s mystique, the religious and imaginative symbols and narratives that give a culture its identity:

'For the politically minded always recover their balance, and think they can save themselves, by saying that they at least are practical, and that we are not. That is precisely where they are mistaken. Where they mislead. We do not even grant them that. It is the mystic who is practical, and the politically minded who are not. It is we who are practical, who do something, and it is they who are not, who do nothing. It is we who accumulate and they who squander. It is we who build, lay foundations, and it is they who demolish. It is we who nourish, and they who are the parasites.'

A socialist turned Catholic, Péguy became convinced that in the modern era 'Everything begins as a mystique and ends as a politique.... THE MYSTIQUE SHOULD NOT BE DEVOURED BY THE POLITIQUE TO WHICH IT GAVE BIRTH.' As Alexander Dru writes in the introduction of Temporal and Eternal, the book from which these quotes are taken, Péguy believed in the need for 'Christianity always to return to its source, its mystique, and to refound its institutions by allowing the mystique the freedom to create tradition afresh.'”

Beyond Politics IV

Beyond Politics, BP II, and BP III have explored a couple of essays by Gregory Wolfe who conscientiously objects to the culture wars.  In this fourth and final post on the subject, I’ll attempt to tie the previous three posts together by suggesting what I think Wolfe has to offer our project.

 

We are a politically obsessed world.  Just look at the media, mainstream or otherwise.  Or, take a look at many of our posts on MOJ over the last year.  McCain’s caricature of Obama as “the One” worked because it had an element of truth in it.  Some – maybe many – Obama supporters viewed his candidacy in salvific terms.  But, Republicans weren’t immune from viewing politics (and this election) in these same terms.  A victory would deliver us from the evils of Roe.  For many on both sides, politics has become, whether we admit it or not, an idol.

 

I don’t want to unduly diminish the stakes in the election.  I grieve over the fact that we elected someone who promised to be the most abortion-rights friendly president ever.  And, even if the number of abortions is reduced under Obama (I’m highly skeptical), I fear the continued corrosive effects of Roe on our culture.  Others are joy-filled that we have ended 8 years of Republican (and George Bush) rule with all that entailed.  Much was at stake.  But, Politics is not all and all, and we make it into a false god if we treat it as such.  God is still sovereign, and His grace can still find its way into our fallen world no matter who wins an election.

 

Wolfe decries the politicization of culture.  He laments the primacy of politics over every other aspect of our communal life.  He says:  "One clear lesson ... from the culture wars is that the process of politicization endangers the ability of religion to permeate and renew the very culture that is being fought over."  And, I think he is right.

 

We are a blog dedicated to the development of Catholic legal theory.  Legal theory and politics are necessarily connected in a way that literature and politics, for example, are not.  Law gets enacted and administered by political means.  But, it seems to me the development of legal theory, although intertwined, is a distinct discipline from politics.  Viewing our project narrowly through a political lens zaps it of creative energy and insight.  Wolfe invites us to open ourselves up to the mysteries of our faith in order to creatively place ourselves, our work, and our vocation at the disposal of the Mystery Himself.

 

To undertake this task, we ought, I think, to embrace another paradox suggested by Wolfe:  "a tragic sense of life - an awareness of our falleness and the limits of human institutions - with a strain of persistent hope."  To this Virgil Nemoianu, cited by Wolfe, would add the virtue courage.

Beyond Politics III

In his essay “Religious Humanism:  A Manifesto,” Wolfe argues that “religious humanism offers the best antidote to the ravages of the ‘culture wars.’”  He says that “the term ‘religious humanism’” suggests “a tension between two opposed terms – between heaven and earth.  But it is a creative, rather than deconstructive, tension.  Perhaps the best analogy for understanding religious humanism comes from the Christian doctrine of the Incarnation, which holds that Jesus was both human and divine.  This paradoxical meeting of these two natures is the pattern by which we can begin to understand the many dualities we experience in life:  flesh and spirit, nature and grace, God and Caesar, faith and reason, justice and mercy.”

 

When I read “it is a creative, rather than deconstructive, tension,” a light suddenly went on and I realized that Wolfe was what he claimed, a conscientious objector to the culture wars.  My mind went to Gandhi and MLK, Jr.  Both fought vigorously for cultural, legal, and political transformation.  But, they refused the role of combatant, embracing instead the role of creative sufferer.  Creative rather than deconstructive or destructive!

 

Anticipating the objection that religious humanism, with its ambiguities and paradoxes, is really a masked form of the liberal position, Wolfe reminds the reader that “the majority of religious humanists through the centuries have been deeply orthodox, though that does not mean they don’t struggle with doubt or possess highly skeptical minds.”  Wolfe is not surprised by this orthodoxy.  Religious dogma restates the mysteries of faith.  Wolfe quotes Flannery O’Connor:  “dogma [are] an instrument for penetrating reality.  Christian dogma is about the only thing left in the world that surely guards and respects mystery.”

 

Wolfe says:  “So we arrive at yet another paradox:  that the religious humanist combines an intense (if occasionally anguished) attachment to orthodoxy with a profound spirit of openness to the world.”

In America, Wolfe sees “imaginative writers” as the leading religious humanists.  “Nathaniel Hawthorne’s insistence on the reality of evil, the inexorable presence of the past, and a tragic sense of life stood in stark contrast to Emerson’s optimism and utopianism.  Throughout his career, Hawthorne struggled to achieve a more sacramental perspective, which placed self in relation to the transcendent, and which encompassed a vision of redemptive suffering.  It is possible to draw a direct line from Hawthorneto such modern American writers as T.S. Eliot, Flannery O’Connor, Walker Percy, Richard Rodriguez, and Annie Dillard.”

The next post will more directly draw a link between Wolfe’s ideas and our MOJ project.

See Beyond Politics and Beyond Politics II.

Beyond Politics II

In my last post, I encouraged us to look beyond politics as we creatively engage the task of developing Catholic Legal Theory.  Gregory Wolfe has helped clarify my thinking, giving voice to my intuitions.  He describes himself as a “conscientious objector” in the culture wars, and although I was skeptical of his claim at first, I have now come to see it.

 

His objection is different than many other Catholics who find it difficult to take sides in the culture wars because they think that the right (Republicans) is correct on some issues and the left (Democrats) is correct on other issues.  His objection, as I understand it, is more fundamental.  He objects to the primacy given to politics in our culture.  I will address this in posts entitled Beyond Politics III and Beyond Politcs IV.  But, first his view of religious conservatives and liberals.

 

In an essay with the “half-serious, half-ironic” title, “Religious Humanism:  A Manifesto,” Wolfe argues that conservatives err by emphasizing the divinity of Christ at the expense of his humanity with a tendency to “hold such a negative view of human nature that the products of culture are seen as inevitably corrupt and worthless.”  He sees the liberal error as emphasizing the humanity of Christ at the expense of his divinity, making him “nothing more than a superior social worker or popular guru.”  Liberals, he posits, have the tendency “to accommodate themselves to the dominant trends of the time  baptiz[ing] nearly everything, even things that may not be compatible with the dictates of faith.”

 

He suggests that it is difficult to maintain “the incarnational balance of the human and the divine” because “human beings find it difficult to live with paradox.  It is far easier to seek resolution in one direction of the other; indeed, making such a choice often seems to be the most principled option.”  I can relate to this in my own life, but that is for another day.

Sunday, November 30, 2008

Beyond Politics

Now that the election is past, I’d like to encourage us to move beyond politics (at least for two years but maybe longer) and to think more creatively about how MOJ and the development of Catholic Legal Theory can contribute its small part to the transformation of our culture.  And, yes, I believe we have been given only a small but important portion of this vineyard to till. 

As most of you know, I intentionally do not blog directly (at least not very often) on partisan politics, and I did not publicly endorse a candidate, although there was probably little doubt about who I thought was disqualified.  As I have mentioned before, I don’t like to blog directly on partisan  and especially electoral politics because of an intuition that we are engaged in a much more important, longer-term, and deeper project than the partisan bickering (no matter how important) of the moment.

Thanks to my children directing me to Gregory Wolfe, his collection of essays, Intruding Upon the Timeless, and his journal Image, I now have some words to express this intuition.  In an essay entitled “Why I am a Conscientious Objector in the Culture War,” Wolfe states that he has strong opinions on most of the current hot button issues and will give voice to those opinions where appropriate.  He is not bothered by the conflict but by the means used to wage the culture wars.  “[T]he urgent need at the moment is to recognize that we cannot reduce culture and its various modes of discourse to nothing more than a political battleground.  The political institutions of a society grow up out of a rich cultural life, and not the other way around.  As it etymology indicates, the word culture is a metaphor for organic growth.  Reducing culture to politics is like constantly spraying insecticide and never watering or fertilizing the soil.”

His words resonated with me.  But, after reading this essay, I argued with my daughter that far from being a conscientious objector, Wolfe was fighting the culture war on another perhaps nobler front.  Another of his essays showed me I was wrong, but that is for another post... 

 

My thoughts are further developed in Beyond Politics II, BP III, and BP IV.

Thursday, November 27, 2008

Lincoln's 1863 Thanksgiving Proclamation

By the President of the United States of America.

A Proclamation.

The year that is drawing towards its close, has been filled with the blessings of fruitful fields and healthful skies. To these bounties, which are so constantly enjoyed that we are prone to forget the source from which they come, others have been added, which are of so extraordinary a nature, that they cannot fail to penetrate and soften even the heart which is habitually insensible to the ever watchful providence of Almighty God. In the midst of a civil war of unequaled magnitude and severity, which has sometimes seemed to foreign States to invite and to provoke their aggression, peace has been preserved with all nations, order has been maintained, the laws have been respected and obeyed, and harmony has prevailed everywhere except in the theatre of military conflict; while that theatre has been greatly contracted by the advancing armies and navies of the Union. Needful diversions of wealth and of strength from the fields of peaceful industry to the national defence, have not arrested the plough, the shuttle or the ship; the axe has enlarged the borders of our settlements, and the mines, as well of iron and coal as of the precious metals, have yielded even more abundantly than heretofore. Population has steadily increased, notwithstanding the waste that has been made in the camp, the siege and the battle-field; and the country, rejoicing in the consiousness of augmented strength and vigor, is permitted to expect continuance of years with large increase of freedom. No human counsel hath devised nor hath any mortal hand worked out these great things. They are the gracious gifts of the Most High God, who, while dealing with us in anger for our sins, hath nevertheless remembered mercy. It has seemed to me fit and proper that they should be solemnly, reverently and gratefully acknowledged as with one heart and one voice by the whole American People. I do therefore invite my fellow citizens in every part of the United States, and also those who are at sea and those who are sojourning in foreign lands, to set apart and observe the last Thursday of November next, as a day of Thanksgiving and Praise to our beneficent Father who dwelleth in the Heavens. And I recommend to them that while offering up the ascriptions justly due to Him for such singular deliverances and blessings, they do also, with humble penitence for our national perverseness and disobedience, commend to His tender care all those who have become widows, orphans, mourners or sufferers in the lamentable civil strife in which we are unavoidably engaged, and fervently implore the interposition of the Almighty Hand to heal the wounds of the nation and to restore it as soon as may be consistent with the Divine purposes to the full enjoyment of peace, harmony, tranquillity and Union.

In testimony whereof, I have hereunto set my hand and caused the Seal of the United States to be affixed.

Done at the City of Washington, this Third day of October, in the year of our Lord one thousand eight hundred and sixty-three, and of the Independence of the Unites States the Eighty-eighth.

By the President: Abraham Lincoln

William H. Seward,
Secretary of State

Monday, November 24, 2008

Obama Skips Church, Head to the Gym

President Obama may reject Sally Quinn's advice that he attend the National Cathedral.  Instead of attending church, he might favor a good physical workout on Sunday morning.  This article is from Politico:

"President-elect Barack Obama has yet to attend church services since winning the White House earlier this month, a departure from the example of his two immediate predecessors.

On the three Sundays since his election, Obama has instead used his free time to get in workouts at a Chicago gym. ..."

Monday, November 17, 2008

The Catholic Church and Labor: Questions

In response to the news of the labor dispute between a teacher’s union and the Scranton diocese, one of the students in my Catholic Perspectives on American Law seminar asked this: 

Is the Church's position on Labor inconsistent?  Does the Church expect companies/American industry to do what it will not (i.e. recognize and negotiate with organized labor)?  Is it possible that, in the Church's eyes, what is good for American workers may not, in some cases, be consistent with Church doctrine?

Do we have enough facts to judge the situation in Scranton?  In addition to questions about the facts on the ground in Scranton, I have several others of a more general nature. 

Does the “right” of employees to organize depend, at least partly, on the nature of the employer’s activity?  In other words, does it matter whether the employer is a huge for-profit corporation where no personal relationships between upper management and lowly workers are possible; a small for-profit company, a public school district, a police or fire department, a non-profit agency large or small, or a religious organization, including a religious school?  Is there a difference between being employed by an entity that simply wants your labor for 40 hours a week vs. one that expects you to participate in its life?

Is the right to unionize an absolute right in the eyes of the Church?  Or, is the employee’s right a right to participate in decisions, including decisions at work, that effect the worker’s well being. (Scranton does have an Employee Council).  Can a union in any setting – but especially in a setting like a Church – become so belligerent in its attitude and demands and so antithetical to the work of the employer that the employer has a legitimate right to refuse further dealings with the union?

What do others more knowledgeable than I think?

Tuesday, November 11, 2008

"Real Change" is coming

The Catholic News Agency reports:

.- President-elect Barack Obama’s transition team is preparing the first actions of his presidency, planning to lift embryonic stem cell research funding restrictions and rules which prevent international organizations that receive U.S. aid from counseling women about the availability of abortion.

The latter rules, known as the “Mexico City Policy,” were developed under the Reagan administration, revoked by the Clinton administration, and restored by President George W. Bush’s administration. 

Cecile Richards, president of Planned Parenthood Federation of America said her organization had been communicating with Obama’s transition staff almost daily. “We expect to see a real change,” the Washington Post reports.

...