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, February 18, 2007

Edith Stein Conference at Notre Dame

If you'll be in the South Bend area next weekend, you might want to check this out:

Students host Edith Stein conference to address healing in women

By: Shannon Chapla
Date: February 15, 2007

A group of University of Notre Dame students is hosting a two-day conference to address healing for women who have been victimized in body and spirit and to discuss the manner in which contemporary culture imperils the dignity of women.

The conference, titled “The Edith Stein Project: Toward Integral Healing for Women and Culture,” will be held Feb. 23 and 24 (Friday and Saturday) in McKenna Hall on campus, and is open to the public.

For more of the article, click here.

Friday, February 16, 2007

Realism and the Law

Rob's post, Getting Real About Realism, raises this question for me:  Did the realist project undermine the foundations of belief in the law leading to the crits even though the realists themselves believed in law in the same way that the Enlightenment project undermined the foundations of belief in truth leading to postmodernity even though its adherents believed in truth?    

Thursday, February 15, 2007

More on "24"

In the New Yorker:
The politics of the man behind “24.”
by JANE MAYER

Sunday, February 11, 2007

Detaining Families

Critiqued family detention center opens its doors

TAYLOR — Painted sunflowers bloomed on the cinderblock. Teddy bears smiled from metal bunk beds in the cells. Slides and swings adorned a small playground rimmed in razor wire.

At the T. Don Hutto Residential Center, shown to the media Friday for the first time since it opened nine months ago, images of childhood were juxtaposed against the cavern-cold feel of a former prison. It's a place where standard-issue navy detention uniforms come in infant onesies.

The Hutto Center, built as a correctional center for adults, is now one of only two facilities in the country at which immigrant parents and children seeking asylum or facing deportation are detained, at a cost of $2.8 million a month, U.S. Immigration and Customs Enforcement officials who led the tour said.

"We've been historically criticized for breaking families apart," said Gary Mead, ICE assistant director for detention and removal operations in Washington, D.C. "We feel this is a humane approach for keeping families together."

After the Sept. 11 attacks, the immigration department abandoned its "catch and release" method of handling immigrant families from countries other than Mexico, largely because most immigrants failed to report to their court hearings.

Human rights groups say that Hutto, operated by the for-profit Corrections Corporation of America, is no place for children. Detainees have complained of poor food, lagging medical attention, substandard education and a sharply structured penal-like environment that Congress has specifically advised against where children are concerned. ...

For more of the article.

Tuesday, February 6, 2007

Archbishop Gomez on the New Evangelization

"The New Evangelization calls Christians to “go fearlessly into the heart of our culture, into the heart of our people's lives, bringing the Gospel into their homes, into all their many occupations, into their schools and into their arts and sciences, into the media and into the political arena,” the prelate said.

“The New Evangelization means we must inspire people to seek Christ in everything they do, to seek to be his friend, to seek to love him, and to glorify him,” he said. The arts, media and ordinary work must point to the mystery of God. It also involves helping people to discover their vocation.

Gomez said the faith of Catholics has been eroded by consumerism and secularism and there must be new efforts in faith education. The areas of focus must be the identity of Christ and the identity of the Church, he said."

Click here for the full article.

Objective Moral Truth Without God

Rob asks:  "If there are certain observable truths about human nature (whether it's a created nature or an accidental nature that has taken hold at this stage of our evolution), those truths have moral implications, don't they?" 

My answer (and I am open to being persuaded otherwise) is "no" in the absence of created nature.  If there is a "moral law giver," then the truths He placed in human nature have moral implications.  But, if all of this is an accident, why should I be morally bound by what is observable in human nature at this stage of our evolution? In other words, why does accidental nature have a claim on how I ought to live and treat other human beings, animals, the environment, etc.?  Grotius posited that the natural law held whether or not God existed.  Am I being overly simplistic to suggest that the Enlightenment and modernity were a long attempt to work out Grotius' hypothesis?  Am I wrong to think that the postmodernists have shown the hypothesis to be false?

For another post in this thread, click here.

Thursday, February 1, 2007

Garnett on school choice

Garnett’s dedication to Catholic school choice rooted in law, and life

By: Gail Hinchion Mancini
Date:

February 1, 2007

If interested, read on....

(HT:  Maria Ruiz Scaperlanda)

Sunday, January 28, 2007

Jack Bauer and evil

I agree with Rick (BTW, I am hooked on "24" also) that Jack Bauer has used evil means to obtain arguably good ends.  Jack seems to understand that engaging in morally evil conduct has a corrosive effect on his own personhood.  A couple of years ago, (am I remembering this correctly) his daughter Kim was seeing another field agent.  Jack wanted him assigned a desk job not justbecause of the danger involved but also because the negative personality effect.   

Friday, January 26, 2007

Catholic Legal Theory Outside the United States

I would like to compile a list of fellow travelers (those interested in Catholic Legal Theory) outside the United States.  And, while I would like to develop a comprehensive list, at this moment I am particularly interested those who are engaged in this enterprise in and around London.  Email replies would be great.  Thanks.

The Embarrassing Preamble? Understanding the Supremacy of God and the Charter

Here is an abstract to an article that will be of interest to some of us:

"The Embarrassing Preamble? Understanding the Supremacy of God and the Charter"

University of British Columbia Law Review, Vol. 39, No. 2,

p. 287, 2006

Contact: JONATHON W. PENNEY

University of Oxford - Faculty of Law, Dalhousie

University

Auth-Page:

http://ssrn.com/author=574775

Co-Author: ROBERT JACOB DANAY

Department of Justice - Government of Canada

Email: [email protected]

Auth-Page:

http://ssrn.com/author=548572

Full Text:

http://ssrn.com/abstract=941221

ABSTRACT: The reference to the supremacy of God (the clause) found in the preamble to the Canadian Charter of Rights and Freedoms has been either marginalized or completely ignored by Courts and legal scholars. This leaves the impression that most are either embarrassed by the clause, or just wish to ignore it.

Given the importance the Supreme Court of Canada has ascribed to constitutional preambles, it is time to acknowledge the supremacy of God clause and make a good faith attempt to determine its meaning and role in Canadian constitutionalism. This paper constitutes just such an attempt. Our thesis is straightforward.

The clause recognizes a fundamental principle upon which the theory of the Charter is based: people possess universal and inalienable rights derived from sources beyond the state, and the Charter purports to enumerate positivist protections for these pre-existing human rights. This understanding of the clause is rooted in the historical development of human rights theory out of the natural law tradition and finds support both in the dicta of the Supreme Court of Canada as well as the thinking of the Charter's framers. This analysis restores meaning and dignity to the clause and, as we will argue, has important normative and practical implications for our understanding of the Charter itself, including the limitation of people's rights under Section 1.