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.

Friday, January 5, 2007

The Story of a Well-Lived Life

From the National Review Online (HT:  Anamaria Scaperlanda-Ruiz)

The Story of a Well-Lived Life
Elizabeth Fox-Genovese, R.I.P.

By Robert P. George

Elizabeth Fox-Genovese was a scholar as notable for her bravery as for her
brilliance. After what she described as her "long apprenticeship" in the
world of secular liberal intellectuals, it was careful reflection on the
central moral questions of our time that led her first to doubt and then to
abandon both liberalism and secularism. Needless to say, this did not endear
her to her former allies.

At the heart of her doubts about secular liberalism (and what she described
as "radical, upscale feminism") was its embrace of abortion and its
(continuing) dalliance with euthanasia. At first, she went along with
abortion, albeit reluctantly, believing that women's rights to develop their
talents and control their destinies required its legal permission
availability. But Betsey (as she was known by her friends) was not one who
could avert her eyes from inconvenient facts. The central fact about
abortion is that it is the deliberate killing of a developing child in the
womb. For Betsey, euphemisms such as "products of conception," "termination
of pregnancy," "privacy," and "choice" ultimately could not hide that fact.
She came to see that to countenance abortion is not to respect women's
"privacy" or liberty; it is to suppose that some people have the right to
decide whether others will live or die. In a statement that she knew would
enflame many on the Left and even cost her valued friendships, she declared
that "no amount of past oppression can justify women's oppression of the
most vulnerable among us."

Betsey knew that public pro-life advocacy would be regarded by many in the
intellectual establishment as intolerable apostasy - especially from one of
the founding mothers of "women's studies." She could have been forgiven for
keeping mum on the issue and carrying on with her professional work on the
history of the American south. But keeping mum about fundamental matters of
right and wrong was not in her character. And though she valued her standing
in the intellectual world, she cared for truth and justice more. And so she
spoke out ever more passionately in defense of the unborn.

And the more she thought and wrote about abortion and other life issues, the
more persuaded she became that the entire secular liberal project was
misguided. Secular liberals were not deviating from their principles in
endorsing killing whether by abortion or euthanasia in the name of
individual "choice"; they were following them to their logical conclusions.
But this revealed a profound contradiction at the heart of secular liberal
ideology, for the right of some individuals to kill others undermines any
ground of principle on which an idea of individual rights or dignity could
be founded.

Even in her early life as a secular liberal, she was never among those who
disdained religious believers or held them in contempt. As an historian and
social critic, she admired the cultural and moral achievements of Judaism
and Christianity. As her doubts about secularism grew, she began to consider
seriously whether religious claims might actually be true. Reason led her to
the door of faith, and prayer enabled her to walk through it. As she herself
described her conversion from secularism to Catholicism, it had a large
intellectual component; yet it was, in the end, less her choice than God's
grace.

Betsey continued her scholarly labors, especially in collaboration with her
husband Eugene Genovese, our nation's most distinguished historian of
American slavery. Not long ago, Cambridge University Press published their
masterwork, The
<http://www.nationalreview.com/redirect/amazon.p?j=0521615623>  Mind of the
Master Class. Soon after Betsey's own religious conversion, Gene (who had
long been an avowed Marxist, but who had gradually moved in the direction of
cultural and political conservatism) returned to the Catholic faith of his
boyhood under the influence of his beloved wife.

As if she had not already antagonized the intellectual establishment enough,
Betsey soon began speaking out in defense of marriage and sexual morality.
Her root-and-branch rejection of the ideology of the sexual revolution - an
ideology that now enjoys the status of infallible dogma among many secular
liberal intellectuals - was based on a profound appreciation of the
centrality of marriage to the fulfillment of men and women as sexually
complementary spouses; to the well-being of children for whom the love of
mother and father for each other and for them is literally indispensable;
and to society as a whole which depends on the marriage-based family for the
rearing of responsible and upright citizens. If her pro-life advocacy
angered many liberal intellectuals, her outspoken defense of marriage and
traditional norms of sexual morality made them apoplectic.

Betsey's marriage to Gene was one of the great love stories of our time.
They were two very different personalities, perfectly united. He was the
head of the family; she was in charge of everything. Their affection for
each other created a kind of force field into which friends were drawn in
love for both of them. Although unable to have children of their own, they
lavished parental care and concern on their students and younger colleagues,
who in turn worshipped them.

Betsey leaves us many fine works of historical scholarship and social
criticism - works admired by honest scholars across the political spectrum.
Even more importantly, her life provides an unsurpassed example of
intellectual integrity and moral courage. Her fervent witness to the
sanctity of human life and the dignity of marriage and the family will
continue to inspire. May the living God who drew her to Himself comfort her
bereaved husband and grant her a full share in His divine life.

Saturday, December 23, 2006

The Santa Question

When our children found out about Santa, we initiated them into our family secret - Santa or St. Nick is real because he lives on in each of us as we take up the task of giving to others.  Therefore, it was now their responsibility to be Santa for others.  My son, Chris, reports that this made sense to him.  At a young age, he understood in some sense that while the Santa of the red suit, sleigh, and reindeer was not a factual reality, the myth of Santa was real in that it told a truth at a level deeper than surface facts.  As a teenager and young adult, he continued to connect the dots, seeing the importance of myth in the stories of Tolkein, Lewis, and even George Lucas.

Happy short fourth week of Advent -

Michael

Wednesday, December 13, 2006

Peter Berger on Relativism and Fundamentalism

Some of you might be interested in this essay by Peter Berger entitled "Going to Extremes:  Between Relativism and Fundamentalism."

Catholic Legal Theory and the Human Body

A few days ago, Rob wrote: 

“Here's the tension, in my view:  Our need for law derives in significant part from our fallen condition.  We are selfish and we need rules to rein in our selfishness.  But the ideal for sexuality (the lifelong coupling of a man and woman) is not in response to our selfishness, but to our incompleteness.  Adam and Eve did not need the criminal law in the Garden of Eden, but they still needed each other.  Corporate management does not need to face punishment for self-dealing because they are incomplete, but because they are selfish.  An authentic view of sexuality allows us to transcend our selfishness; law accounts for our selfishness.  I totally agree that our understanding of the human person must include an articulation of human sexuality.  But I'm still not sure how far the articulation of human sexuality gets us toward a comprehensive theory of law.”

I see the tension Rob proposes if the law is a set of “rules to rein in our selfishness.”  But, doesn’t the tension depend largely upon one’s conception of “a comprehensive theory of law?”  Even if law’s sole function is to provide a set of “rules to rein in our selfishness,” we need a thick enough conception of the human person to understand the category “selfish act.”  Further, if our positive law might legitimately serve in some modest way to promote the common good – to encourage private charitable undertakings might be one example – then it seems to me that our comprehensive theory of law must account for and understand more completely the good of the person and the good of community.  And, if our positive law reflects our participation (or lack of participation) in the eternal law of God through our understanding of the natural law (and possibly revealed law), then we must grasp an even thicker understanding of the person.  Here I suggest that "[r]eflecting on the design of our bodies, our radical incompleteness, our intense desire (especially in males) to ‘use’ another’s body to satisfy our own needs, and a whole host of related topics” might aid in the development of a thick conception of the human person, which, in turn, might aid in the development of a comprehensive theory of law.

For those like me who are interested in reading Margaret Farley's new book, Just Love:   A Framework for Christian Sexual Ethics (2006)(at Michael P.’s suggestion), I would encourage a close examination of Karol Wojtyla’s Love and Responsibility and John Paul II’s Theology of the Body.  I suspect we will get contrasting visions of human and communal goods from Farley and Wojtyla/JPII. After we read these works, I hope we can have a robust discussion about 1) which author has more complete understanding of the human person and the human community, and 2) whether any of this has currency beyond the narrow (albeit important) arena of sex, sexual ethics, and sexual politics; in other words, whether an understanding of these matters can aid in the development of Catholic Legal Theory.

Tuesday, December 12, 2006

The Need for Reduction: A Further Reply to Michael P.

My correspondent replies to Michael P.’s latest post:

“I wonder if Michael would think it reductionist to pay attention to the fact that our efforts at democracy building in the

Middle East

entail a very messy war?  I mean, that's so bogged down in detail.  Can't we just say we're engaged in nation building and integrating humanity?  I supported this war, and now I must check my conscience on that; it requires some "reduction" to the actual acts that support the goals I felt justified them.” 

Settlement of Human Trafficking Case

Kevin Johnson recently posted the following on the ImmigrationProf blog:

"In a story "Trafiicking Case ends for 48 Thai welders: A firm settles claims of immigrants who arrived on work visas and were forced into near-slavery" by Teresa Watanabe, the L.A. Times (Dec. 8) reports that federal authorities will announce a $1.4-million settlement in a case involving 48 Thai welders brought to California four years ago. The case, settled by the U.S. Equal Employment Opportunity Commission and Trans Bay Steel Corp. of Napa, represents what experts call the hidden face of human trafficking: migrant laborers legally recruited — largely from Asia and Latin America — but exploited and abused while here. Though most public attention about human trafficking has focused on women and children in the sex trade, experts say laborers constitute at least half of the approximately 16,000 people trafficked into the United States annually.  Click here to read the story.

Unfortunately, there have been increasing reports of human trafficking and involuntary servitude over the last decade.  As the U.S. government increased border enforcement operations in the mid-1990s, with Operation Gatekeeper in San Diego and Operation Hold-the-Line in El Paso, fees charged by smugglers to migrants seeking to unlawfully enter the United States increased from a few hundred dollars to a few thousand.  Some migrants have been forced to pay off smuggling debts through labor upon arrival in the United States.

As the L.A. Times story states, human trafficking is not simply a problem in the sex industry but a general labor market problem. ...

to read the rest of his post, click here.

Sex and the Incarnation: A Reply to Michael P.

I received this from an MOJ reader:

“I was struck by Michael Perry's recent comment that referring to "homosexual intimacy" as "sodomy" amounts to dismissiveness.  This strikes me as getting things backwards.  I take it that one of the critiques of those who reject the Church's sexual teaching is that it is too abstract, not aware enough of the messy realities of human relationships and human loving.  But in their discussions of homosexual sex, it is precisely these people who retreat from the concrete, from the body, and offer only lofty abstractions that prescind from the real world.

In this season where we reflect upon the Incarnation, we do well to remember that we live not only in a realm of ideas but in the realm of the flesh.  Our bodies have a structure, and that structure reflects purposes that are not invented by one's will or imagination--I cannot turn my stomach in to a pancreas nor my eyes into a nose any more than I can turn my anus into a sex organ just by willing it to be so. 

The Church's understanding of human sexuality is one that attends to the physical facts of human bodies.  It attends to structure and purpose and seeks to learn from how we are built how we ought to behave so that we might flourish.  Therefore, it does not throw all of human sexual conduct under the rubric "intimacy" and thereby regard it as good.  Not all intimacies are equivalent, and having the intention to do good does not absolve one of having to reflect on the morality of the particular acts through which one fulfills that intention.  Thus, it is at least possible that some forms of homosexual intimacy, even when pursued out of the best of motives, might still be wrong.

I encourage Michael Perry and the theologians he finds compelling to reflect upon the fact that the “intimacy” they endorse entails using body parts in ways that they are quite obviously not intended to be used.  In this season of advent, I ask Professor Perry:  whose theology is more respectful of the human body his or the Church's?  Whose theology is more respectful of the Incarnation?  To make a plea for “intimacy” in an abstract form simply is not sufficient.  The Church does not teach that homosexuals may not be friends with one another.  It does not suggest that there are no forms of intimacy that may be engaged in by homosexuals even with those whom they love and would love intimately. 

It teaches, rather, that the act of physical sexual union is ordered by nature and nature's God toward procreation, an act which throughout human history has required male and female to come together.  It teaches that male and female are called to express and experience that most intimate physical union within the relationship of marriage, and that to engage in sexual relations outside of that relationship is to violate one's body.  This is a teaching that is hard, particularly in contemporary culture, to accept.  But it is a teaching most assuredly rooted in a theology concrete and Incarnational. 

To ignore the physical realities of certain forms of human intimacy, homosexual or heterosexual, is more dismissive of the persons involved than to discuss them accurately for what they are.  Those who argue that some people's bodies are called to express the gift of their sexuality through acts that are intrinsically cut off from procreation and complementarity, acts that have historically been called "sodomy" should defend these practices concretely, calling them by name: anal sex, mutual masturbation, and oral sex.  After all, this is not an argument for abstract intimacy but for certain kinds of intimate contact. The argument will require more than suggesting that those who think otherwise are dismissive of homosexuals; it will require more than noting (as if it were disputed) that homosexuals are loved by God, are capable of love, and are called to love.  These facts are not in dispute, and they are not dispositive.  Pace the theologians cited by Prof. Perry, the Church does not dispute that homosexual persons are called to flourish in a way that has integrity; rather, it imagines that its understanding of chastity is the most faithful to our created and received nature, whatever our sexual orientation might be.  It therefore believes that the acts themselves, not just the relationships within which they take place, matter. 

The idea that homosexual sexual activity is required, that a chaste homosexual person cannot be "integrated" without committing the physical acts that remain unnamed by those who defend them, is precisely what Michael Perry is called to defend.  The Church's teaching does not forbid integration, it does not deny that people can be constitutively homosexual, and it does not ask them to deny who they are.  Rather, it invites them to reflect on the possibility that a human life deprived of genital sexual activity can be integrative, can lead to flourishing, and can be holy.  The burden, then, is on those who dismiss this possibility, to explain why the acts they seek to justify but not name are required and are paths to holiness.”

Friday, December 8, 2006

Immaculate Mary

Since Mary has been discussed on this feast day of the Immaculte Conception (with another - Guadalupe - coming up in four days), I thought I'd engage in a little shameless family promotion.  Two good introductions to Mary are the Seekers Guide to Mary (Loyola 2004) and The Complete Idiot's Guide to Mary of Nazareth (Penguin 2006).

Sex and Catholic Legal Theory

Dear Michael P.:  In light of your two most recent posts - on Vice President Cheney's pregnant daughter and the movement within conservative judiasm to allow gay rabbis and unions - I encourage you to respond to my post "Sex and CLT" and Rob's post "Sex as Metatheory"?  As I mentioned my last post, I won't be able to respond for a while, but I would be interested to learn (and learn from) your reflections on these posts.  Thanks, Michael S.

Tuesday, December 5, 2006

Sex and CLT

Recently, we have had several posts (including here, here, and here) on sex, sexuality, gender, and sexual orientation.  Sex AND morals, culture, or law are topics that generate a lot of heat these days.  And, I am thankful that MOJ provides a forum where profound differences can be discussed civilly and with respect.  Here I offer a short reflection on why I think this is one of the most fundamental topics for the development of Catholic Legal Theory (our stated purpose at MOJ).  Unfortunately, other commitments prevent me from engaging in an extended and ongoing discussion of this thesis for at least two weeks, but I want to offer the thesis now while it is fresh in my brain (distracting me from the work I need to do), and I will be happy to come back to it when that work is done.  Exploring these issues is also a heavily frieghted endeavor, but hopefully I have managed to put some of the baggage aside.

If possible, I think we need to bracket the moral, cultural, and legal issues surrounding sex and set those issues aside in order to address what I sense is a deeper and more foundational question – an anthropological question.  What or who is the human person and how does that person relate – to other human beings, to nature, and to the transcendent.  Science, philosophy, and theology can all be helpful here.

I take as an objective biological fact when it comes to human beings that 1 + 1 = 1 for one type of relationship and 1 + 1 = 0 for two other types of relationships.  Yes, I know that the new math is hard to follow.  One man and one woman equal one whole and complete biological unit (at least when it comes to reproduction) in a way that two men or two women do not.  In this sense, Jerry Maguire is stating a truth when he says “You complete me.”  There is something in our design that suggests an incompleteness (perhaps a radical incompleteness) without the other sex. 

I also take as an objective fact that some minority of human beings have subjective preferences that deviate from this biological norm.  Homosexuals, for instance, are attracted to persons of the same sex, transgendered (if I understand this term correctly) are males living in female bodies and females living in male bodies, and pedophiles are attracted to pre-pubescent children.  By using the term “subjective preference,” I am not suggesting that these preferences are chosen.  These subjects may have been born with these desires, inclinations, and preferences.  They may be genetically predisposed or some early life experience may have embedded these preferences deep within the psyche.  All of this is beyond my limited scientific knowledge.  But, I will assume as fact that some subjects have deeply ingrained (non-chosen) preferences that deviate from the biological norm.

If I am correct about everything stated above, we now get to the crucial set of questions.  Does the biological reality (1 + 1 = 1) signify a deeper reality about the human person?  Is there really a complementarity of the sexes that is not just a product of social construction?  If the answer to these questions is “yes,” can we conclude that the coupling of a man and a women is the “ideal form” of coupling?  (Much more argument would need to be made to develop the idea that the coupling should take place within a stable, lifelong relationship that we call marriage.) If the answer to these questions is “no,” then apart from ensuring a replacement population (which can now be done without coupling), is there any reason for society to view one form of coupling as “ideal”?

Assuming that the answers to the first two questions are “yes”; that the biological reality reflects and signifies a deeper design reality involving the complementarity of the sexes, how should we as a society treat deviations from the norm?  Should we pretend that there is no “ideal” and treat all (or most) subjective preferences (as defined above) as if they were equivalent?  Should we celebrate the deviations as if they were unique flowers planted in God’s garden, giving us variety and diversity?  Should we “tolerate” those who act on these preferences, understanding that while not “ideal” there is really no harm (like tolerating a Mohawk hair cut in a school classroom)?  Should we look at these deviations as a product of the fall, acknowledging that each of us is an imperfect and incomplete being?  If so, do we treat the deviations as we would chronic fatigue or blindness or some other deviation from the norm that has to be coped with the best we can (suffering and the cross seem to be built into the plan of redemption) or do we treat the deviation as if it was a cancer killing the subject and requiring immediate and aggressive attention to root it out?

Karol Wojtyla, in Love and Responsibility, provides an extended philosophical examination of some of these questions.  As John Paul II, his Theology of the Body provides a theological examination of some of these themes.

At the outset, I suggested that this topic is fundamental for the development of Catholic Legal Theory.  Reflecting on the design of our bodies, our radical incompleteness, our intense desire (especially in males) to “use” another’s body to satisfy our own needs, and a whole host of related topics can offer insight into the origin and nature of community, the need for rules (and hence the need for promulgators of rules) to govern behaviour, the origins and nature of government and other governing structures (the corporation, etc.). In other words, I suggest that serious reflection on these matters of sex and sexuality is foundational to the CLT project. 

What do others think?