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.

Thursday, September 8, 2005

Assigning newborn children to parents

My colleague, Mary Sue Backus, brought the following conference, sponsored by William and Mary's Institute of Bill of Rights Law, to my attention:

Task Force Roundtable:  Reforming Parentage Laws, Sept 30-Oct. 1

The brochure describes the roundtable:  "What would be an ideal set of rules for assigning newborn children to parents?  Participants in this conference will propose and defend statutory rules for state formation of legal parent-child relationships that they believe would serve the children's welfare better than exisitng rules for maternity and paternity, bringing to bear on this issue social science research on the consequences for children of particular characteristics and circumstances."

The assumption underlying this rountable seems to be that nature and nature's god are incapable of assigning newborn children to parents and that the state, relying on the "experts," must fill the void and enter the field of issuing parenting licenses. 

Michael S.

Saturday, August 27, 2005

Mike Schutt's additions to the booklist

Mike Schutt has these recomendations:

1. Augustine, City of God

2. A.P. D'entreves, Natural Law

3. O'Donovan and O'Donovan, From Irenaeus to Grotius: A Sourcebook on
Christian Political Thought

I'll also take this opportunity to remind our readers of his fine bibliography, Law and the Biblical Traditon:  Select Bibliography for Christian Law Students, and another bibliography, The Catholic Dimensions of Legal Study:  The Catholic University Law School Annotated Bibliography.

Friday, August 26, 2005

Puritan Revolution and the Law of Contracts

I just received a copy of Professor Scott Pryor and Glenn Hoshauer's article, Puritan Revolution and the Law of Contracts, published as part of a symposium on the 150th anniversary of Hadley v. Baxendale, 11 Texas Wesleyan Law Review 291 (2005). 

I haven't yet read the article but thought I would share with you part of the abstract:  "Most legal historians have ignored the impact of the Protestant Reformation and the rise of Puritianism on the development of the common law. ... The Authors conclude that Puritan theology was irrelevant to assumpit and consideration ... [T]he Puritan emphasis on discipline - personal, social, and ecclesiastical - [however] represents an independent source of inluence on the development of the common law of contracts.  The disciplined life grew in cultural significance with the Reformation and the subsequent process of confessionalization. ..."

Another book for the list

OU law grad and self-described member of the "Rick Garnett fan club," Jason Reese, suggests reading Joseph de Maistre, especially On Sovereignty.

Thursday, August 25, 2005

Booklist continued

Professor Patrick Quirk has a few suggestions to add to our booklist:

1. Etienne Gilson, The Christian Philosophy of St. Thomas Aquinas

2. Jude P. Dougherty, Western Creed, Western Identity

3. Gray et al., the Philosophy of Law, An Encyclopedia (2 vols)

4. Pinckaers O.P., Morality: The Catholic View

5. Nichols O.P., Catholic Thought Since the Enlightenment

6. Father Copleston's voluminous work on the history of philosophy

7. Simon Lee, Law and Morals

8. Glendon, A Nation Under Lawyers

Wednesday, August 24, 2005

Booklist for Catholic Legal Theory: Another Contribution

Kevin Lee provides the following booklist (with caveat):

I promised Michael Scaperlanda that I would produce a list of some sort. Because I’ve been asked by a very good person, I’ve tried to come up with something, but with some trepidation. I mentioned that I don’t like lists if they suggest that they are complete and comprehensive explorations of a topic. So, I've tried to avoid that presumption here by being a bit eclectic This isn’t a comprehensive list or a course syllabus, but just a list of books that I wish were part of our common reading. I think these are important books because they set the context for thinking and acting as a committed Catholic engaged in the political life. This is what I think we ought to be trying to achieve for ourselves and our students. Note that not all of them are Catholic.


1. Romanus Cessario, Introduction to Moral Theology.  This is one of the best introductory texts on Catholic moral theology. I understand that it is now being used at several seminaries. As Christians we affirm the Lordship of Christ, so to be consistent, one of the challenges to a Catholic approach to legal theory is to see law in the context of Christ’s reign. This is an exercise in moral theology. This book is a good place to start that exercise.


2. Ralph McInerny, The Question of Christian Ethics. This short book has a splendid clarity and grace; written as only the author of the Fr. Dowling mysteries could. It provides a very brief and engaging introduction to moral philosophy in the Catholic tradition.


3. Jacques Maritain, The Person and the Common Good.  This is the classic statement of Maritain’s political philosophy. It should be read by anyone who wants to understand the Church’s teaching on political matters. Maritian was one of the most successful twentieth century Thomistic thinkers, although I personally have never been able to accept his metaphysics.


4. Etienne Gilson, The Spirit of Mediaeval Philosophy. This is one of the most influential books about the nature of Christian philosophy. It helps to set out the relation of faith and reason. This is important because we want to speak to non-believers who might not find our arguments to be entirely reasonable. What can we hope for? What range of possibilities exists? Gilson helps us understand these issues by asking what is distinctive about Christian philosophy.


5. Jean Bethke Elshtain, Democracy on Trial. If anyone hasn’t read Elshtain, please do. She is one of the wisest Christian voices on the scene today. This is her classic defense of civil society.


6. Hans Urs von Balthasar, The Theology of Karl Barth. I’m reading this now. It is an extraordinary engagement with one of the most influential Protestant theologians of the century. The critical focus for this engagement is the right understanding of grace and nature.

7. Reinhold Niebuhr, Moral Man & Immoral Society. I think this book sets out the best arguments for Christian realism, which argues that the Christian has a responsibility to be "in the world" and use force, even violence, when necessary to confront evil. But, Niebuhr is no apologist for brutality. The Christian must at the same time be held to the highest ethical standard of agape. Tough stuff. Bracing.



8. H. Richard Niebuhr, Christ and Culture. This is now a minor classic. H. Richard is Reinhold’s brother who taught at Harvard Divinity School. In this text he identifies five ways that Christians have viewed the relation between Christ and culture. Catholics, he argues, typically follow St. Thomas Aquinas in viewing Christ above culture, leading it as sovereign Lord.


9.   Paul Ricoeur, Symbolism of Evil. This is one of Ricoeur’s earlier works. It is a powerful interpretation of evil that marks the beginning of Ricoeur’s hermeneutical turn. When reading it, keep in mind St. Paul’s admonition to the Romans that government derives its legitimacy from judging evil (Romans 13:6).


10. Pontifical Academy on Peace and Justice, Compendium of the Social Doctrine of the Church. This is available on Amazon.com. It is a comprehensive overview of the teachings of the Church on matters of social doctrine. I recommend it over Professor Curran’s book. A close reading of it might make for a course on Catholic Social Teaching all by itself.

O.K., one more—

11. Dietrich Bonhoeffer, The Cost of Discipleship. Also an uncompromising look at Christian realism, by one who experienced first hand the worst that the twentieth century political ideology had to offer.

Tuesday, August 23, 2005

Booklist for Catholic Legal Theory

At the risk of stating the obvious, I would add the Bible to our list of foundational readings.  Thank you who have contributed so far, and I look forward to more of you jumping in.  In a few days, I will attempt to compile a common list and post it.  And, I look forward to reading your thoughts on how to organize this into course material for students (Susan's post) and how to find and develop faculty with an interest in this Catholic Legal Theory (Mark's post).

Michael S.

Monday, August 22, 2005

A Word from Pope Benedict

"Absolutizing what is not absolute but relative is called totalitarianism."  Pope Benedict XVI, World Youth Day, Cologne 2005

Booklist for Catholic Legal Theory

Professor Lee Stang (Ave Maria) offers a list that places heavy emphasis on natural law sources:

St. Thomas Aquinas, Summa Theologica
Aristotle, Nicomachean Ethics
Aristotle, Politics
Alasdair MacIntyre, After Virtue
John Finnis, Natural Law and Natural Rights
Russell Hittinger, First Grace
Robert P. George, In Defense of Natural Law
Catechism of the Catholic Church
Yves Simon, Theory of Democratic Government
St. Augustin, City of God
Heinrich Rommen, The Natural Law
Jacques Maritain, Man and the State
Plato, Republic
James Gordley, The Philosophical Origins of Modern Contract Doctrine
Thanks Lee!

Booklist for the Development of Catholic Legal Theory

As we start a new academic year, I invite my fellow bloggers and our readers to post their list of the 10-20 books that anyone interested in the development of Catholic Legal Theory should read.  These books could be by Catholic, other religious, or secular authors.  They could address theology, philosophy, science, or any other discipline.  The list could even include fiction.

Thanks, Michael S.