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.

Saturday, September 13, 2008

Another Response to Atheism and the New Urbanism

Another reader responds to Atheism and the New Urbanism:

In Joel Kotkin's The City, he points out that classically, one of the main aspects that defined cities was their religiosity. Specifically, religion, along with commerce and defense, brought the people of the city together to live as a community, to have a shared experience of their lives. And he further posits that one of the problems with modern cities is that they don't have religion as a part of the fundamental cultural experience. But this is not to say that urbanism created atheism - I'm sure that the great Ancient and Medieval Cities were no less testaments to our abilities to create, to shape our environment. Somehow those people didn't seem to become atheists when faced with man's ability to build great things.
Instead, It seems much more likely that atheism seems to be coming out of the cities because it is a cultural trend and (as Kotkin points out) EVERY cultural trend begins in the cities.
Finally, theologically speaking, we build and create because we are made in the image and likeness of God. He allows us to co-create with Him. Anything humans can build is thus, automatically, a sign of God's love and fidelity to us. To live with that constant reminder shouldn't create in us a tendency towards atheism. The problem is that we can sometimes forget that what we've built is a sign of something else, and think that it is great because we made it so. But this is true of every sign of God's presence in our lives. I would wager that we are no more likely to see the sign of God that is the city and make it our God (or make ourselves God) than we are to look at nature and make make it our God.

A Response to Atheism and the New Urbanism

In response to my student's post on Atheism and the New Urbanism, one reader wrote:

In response to your most recent Mirror of Justice post on atheism and urbanism, I wanted to share with you a thought I had recently:  The downtown Chicago Temple Building, home of the First United Methodist Church of Chicago, has a steeple and cross at the top.  When I first saw it a month ago, I suddenly realized that for all of human history, the biggest building in any community has been its house of worship.  Even here, in the birthplace of skyscrapers, the Temple Building was the tallest in Chicago, from 1924 to 1930.  Then it was surpassed by the Chicago Board of Trade, and now it is dwarfed by nearly all of the neighboring office buildings.

Approaching a medieval European town or an ancient Greek city or a vast Mayan metropolis, a visitor could see where the residents’ hope lay, as the steeples and hill-top temples proclaimed from miles away: “God dwells here.”  Chicago’s Sears Tower calls out only that humans live here, and the hope it offers is an economic prosperity that tellingly has eluded the corporation which erected the steel behemoth.  So here’s hoping that the top of the new Chicago Spire, which will spin higher into the air than the Sears Tower, looks more like a cross than a dollar sign.

Wednesday, September 10, 2008

Atheism and the New Urbanism

This semester, I am once again teaching a Jurisprudence Seminar, using as the primary text Recovering Self-Evident Truths:  Catholic Perspectives on American Law. (The syllabus is here).  Vince Rougeau’s chapter on the New Urbanism is still a long way down the road, but one student has already raised a question for Catholic New Urbanists.  Reflecting on Benedict Ashley’s chapter (A Philosophical Anthropology of the Human Person), the student writes:

Commenting briefly on the technological implication of free will, Ashley notes:  “It is precisely because we have used this power that our culture has become so artificial, that we sometimes forget that all of these innovations and culture itself are based in our unique nature, and so have come to doubt that we have a human nature.”  (Ashley, 63).  This idea was expressed slightly differently in an essay I read in college (the title and author of which I do not recall at the moment) that provided a theoretical explanation for the correlation between modern urban centers and atheism.  Modern cities, according to this author, represent the power to become our own gods when we refashion the world in our own image, bending it to serve our own “needs” and interests, rather than preserving the natural order, through which we obtain glimpses of the divine.  And while this may or may not be an overstatement of the symbolic meaning of urban centers, there is something compelling about the idea that it is easier not to believe in God (or the natural law) when one only comes in contact with a world of human creation.  As Ray Bradbury put it in Fahrenheit 451 (though I’m paraphrasing from memory):  when we live in a world where “flowers grow on flowers rather than putting down deep roots in the rich loam of the earth,” we become disconnected from the wisdom of past generations.

Any response?  Can urban centers be breeding grounds for atheism?

"The Importance of Trig Being"

Here is a part of an op-ed by Michael Gerson (the whole thing is worth the read):

Trig's moment in the spotlight is a milestone of that movement. But it comes at a paradoxical time. Unlike African-Americans and women, civil rights protections for people with Down syndrome have rapidly eroded over the last few decades. Of the cases of Down syndrome diagnosed by pre-natal testing each year, about 90 percent are eliminated by abortion. Last year the American College of Obstetricians and Gynecologists recommended universal, early testing for Down syndrome -- not just for older pregnant women. Some expect this increased screening to reduce the number of Down syndrome births far lower than the 5,500 we see today, perhaps to less than 1,000.

The wrenching diagnosis of 47 chromosomes must seem to parents like the end of a dream instead of the beginning of a life. But children born with Down syndrome -- who learn slowly but love deeply -- are generally not experienced by their parents as a curse but as a complex blessing. And when allowed to survive, men and women with an extra chromosome experience themselves as people with abilities, limits and rights. Yet when Down syndrome is detected through testing, many parents report that genetic counselors and physicians emphasize the difficulties of raising a disabled child and urge abortion.

This is properly called eugenic abortion -- the ending of "imperfect" lives to remove the social, economic and emotional costs of their existence. And this practice cannot be separated from the broader social treatment of the disabled. By eliminating less perfect humans, deformity and disability become more pronounced and less acceptable. Those who escape the net of screening are often viewed as mistakes or burdens. A tragic choice becomes a presumption -- "Didn't you get an amnio?" -- and then a prejudice. And this feeds a social Darwinism in which the stronger are regarded as better, the dependant are viewed as less valuable, and the weak must occasionally be culled.

Monday, September 8, 2008

Northern Exposure

An MOJ reader sent me the following:

"I thought this was an interesting perspective on the election from a fellow in Canada:

'Regardless of his political persuasions, I doubt any reader is himself in doubt about the views of McCain and Palin on, say, abortion, or same-sex marriage, or the ramifications of the U.S. First Amendment. Messrs Obama and Biden have more "nuanced" views -- i.e. more likely to say one thing and do another -- and yet their own positions are clear enough, when the lights are trained on them.

If I were a woman, and the most important issue to me were the preservation of my unfettered legal right to kill my unborn children, I would have no difficulty in choosing the Democrat ticket. Whereas, up here in Canada, it really wouldn't matter if I voted Conservative, Liberal, New Democrat, Bloc, or Green.'

Thursday, August 14, 2008

Unnecessarily Evil

A couple of days ago, Linda Hirshman posted an essay on Slate titled “Unnecessarily Evil: Reclaiming the Morality of Abortion and the Overdue Change to the Democratic Party Platform.” In it, she argues that it is time for pro-choicers to leave the pragmatic “safe, legal, and rare” language behind and reclaim the moral highground in the abortion debate.  Toward that end, she is pleased that “The Democratic Party platform of 2008 finally dropped its old abortion language ("safe, legal and rare"), which had asked that women not have abortions unless they absolutely must. The 2008 platform … says instead, ‘The Democratic Party strongly and unequivocally supports Roe v. Wade and a woman's right to choose a safe and legal abortion, regardless of ability to pay, and we oppose any and all efforts to weaken or undermine that right.’"

The essay ends with this:  “The wrong question will always lead to the wrong answer. Not coincidentally, the founding text of the Post-Abortion Syndrome movement is called "Making Abortion Rare." The Democratic platform of 2008 offers an opportunity to put an end to this self-destructive cycle of Safe, Legal, and Rare, otherwise known as regret, depression, and self-denigration. In its place, it can finally argue for the value of women's lives.”

For the rest, click here.

Thursday, July 31, 2008

More on Humanae Vitae: A Response to Eduardo

Expecting a response like Eduardo’s, I almost didn’t include in my post the reflections on the complicated family situations of the two young men.  Yes, at first blush and without being snarky, the reaction is maybe those creating the complicated family situations should have used birth control.  But, at second blush, maybe the answer is that they should have exercised self-control.

Here are the questions.  Has widespread acceptance of birth control contributed to a general lowering of moral standards in society as Paul VI predicted?  Has it contributed to a rise in infidelity?  Has it contributed to a lessening of respect for women by men?  We might rephrase this last one:  Has it contributed to an objectification of persons, both men and women?  If the answer is “yes” to any or all of these questions, then might it be conceded that possibly, just possibly, the Church has an insight into the human condition that has been overlooked by much of the rest of society, including many within the fold?

*          *          *

I’m not sure that looking to Europe undermines the modest connection I attempted to make between human development and contraceptive use.  First, I think it is way too early to tell whether Europe’s social safety net (human development) is sustainable given a declining and culturally changing population. (As an aside for another day, I am not sure why the phrase "demographic suicide" has “some extremely unfortunate eugenecist overtones.”).  Second, although it appears that Europe has been more successful – maybe too successful for its own long-term good – in avoiding the “risk” of pregnancy in an era of sexual revolution than the United States, what is point to be drawn from this fact? 

Can’t we concede that a sexually and relationally “liberated” society with high divorce rates, high rates of children born out of wedlock, high rates of personal and material absenteeism by fathers, is bad for human development?  Aren’t these conditions related to a general atmosphere of self-indulgence predicted by Paul VI?  And, isn’t it possible that the widespread acceptance of artificial birth control with its illusion of giving us control over sexual lives has contributed to this atmosphere of self-indulgent autonomy where a 21 year old fathers three children by at least two women and a 17 year old has six siblings with four different last names?

*          *          *

Eduardo concludes his post with this:  “I think I'd be willing to accept our president's current policy of official hostility to contraception (e.g., abstinence-only sex education, etc.) if the trade-off were a serious governmental commitment to human development among the poorest Americans.  Unfortunately, that deal has never been on the table, at least not during my lifetime.” 

In friendship, I offer two critiques of this statement.  First, if widespread acceptance of contraception is problematic, then why not embrace “abstinence-only sex education, etc.” regardless of what other people are doing or whether the government is serious about human development?  In other words, if “abstinence-only sex education, etc.” is a social good why condition acceptance of it on a trade for some other good?  Second, I want to note the state-centric nature of Eduardo’s concluding lines.  Whether or not the state is involved in the contraception business or abstinence business, we as individuals, professors, Catholics, spouses, parents, members of various communities, can acknowledge that today’s hook-up culture made possible by wide-spread acceptance of contraceptives is not healthy for many reasons.  Can’t we? 

Maybe I am naïve about this, but there shouldn’t be a left/right, liberal/conservative divide here.  We ought to be able to take a common sense look at society and acknowledge that Paul VI had some important insights into what would happen to a society that artificially uncoupled sex from the possibility of procreation. 

Saint Batman?

Fr. Raymond J. de Souza reviews society through the lens of "The Dark Knight."  In the middle of his column, he says:  "The fight between Batman and the Joker is not a fight between good and evil, but about something more fundamental than that: the question of whether good and evil exist at all. Is there order, including moral order, or chaos?" 

Tuesday, July 29, 2008

Human Development and Humanae Vitae

A couple of weeks ago, Eduardo posted the disturbing results on Human Development in the U.S.  The authors of the report stated:  “The report shows that although America is one of the richest nations in the world, it is woefully behind when it comes to providing opportunity and choices to all Americans to build a better life.”

There are many contributing factors, I suspect, to a person’s or a group’s lack of thriving.  One cause, predicted by Pope Paul VI forty years ago last week (Michael P., Rick, and Fr. Araujo have each posted on this anniversary), is the widespread acceptance and use of contraceptives.  Mary Eberstadt lays this out in her article, “The Vindication of Humanae Vitae, in the September 2008 First Things.

Paul VI warned that widespread acceptance of artificial contraception would result in four trends, as Eberstadt reminds us:  “a general lowering of moral standards throughout society, a rise in infidelity, a lessening of respect for women by men, and the coercive use of reproductive technologies by governments.”

Eberstadt writes:  “Four decades later, not only have the document’s signature predictions been ratified in empirical force, but they have been ratified as few predictions are:  in ways its authors could not possibly have foreseen, including by information that did not exist when the document was written, by scholars and others with no interest whatever in [the Church’s] teaching, and indeed by many proud public adversaries of the Church.”  She then lays out the evidence, which I encourage you to read here for free.

The other day, I read the obituaries of a 21 year old male with three children bearing two different last names and an unrelated 17 year old with six siblings carrying four different last names.  (May they rest in peace).  As I read, I couldn’t help but wonder if there was a connection between the lack of human development (flourishing), the predictions of Paul VI concerning the widespread acceptence of contraceptives, and the complicated family situations of so many people, including these two young people. 

BARF: In thanksgiving for friendship

I have returned relaxed from my annual BARF weekend on the Frio River in the Texas Hill Country.  I am blessed with the friendship of these ten wonderful guys, our wives (the wives congregate on the Frio in September for their own weekend), and our combined 34 children (our children now plan an annual trip to the beach).  Over the past quarter of a century plus that our lives have intertwined we have experienced marriages – at first our own and now the kids, births, baptisms and other sacraments, a divorce, physical and mental illness, sickness and death among many of our parents and some of our siblings, semi-annual camping trips when the kids were young (imagine 30 kids, many in diapers experiencing the great outdoors), multiple fights followed by multiple reconciliations… You get the picture.  We have shared the highs and lows of life during our entire adult lives.  I am never sufficiently grateful for the gift of these friendships.

Texas Monthly’s August 2008 issue hit the newsstand just as we were departing for our annual excursion.  Charlie Llewellin’s cover story scoped out the 25 Best Swimming Holes in the State Republic of Texas.  Three of us took seven hours to make the three hour trip from Austin to Leakey as we sampled five of the top twenty-five.  The group tried another two over the weekend, and we hit one more on the way back to Austin yesterday.  As expected, Austin’s Barton Springs ranks numero uno,  But, our number one is a secret spot (shown in this photo of yours truly - click on picture to enlarge) within a few miles of Texas Monthly's No. 6.

100_2395

Oh, and by the way, BARF stands for Boys Assembled for Reflection on the Frio. Thanks for indulging me with the post that is light on "legal" and "theory."