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.

Wednesday, November 10, 2004

Building a "Culture of Life" from the left and the right

President Bush has long used the Pope's phrase "culture of life" for talking about aspects of his agenda and his vision for America.  In an article appearing today on Fox News' website, President Clinton was quoted as saying:  "I think the current divisions are partly the fault of the people in my party for not engaging the Christian evangelical community in a serious discussion of what it would take to promote a real culture of life."  And, in her November 7 column, Boston Globe columnist, Ellen Goodman, bemoaned the fact that "[t]he environment never made it onto the screen as central to the progressive 'culture of life.'"

Will we see both the left and the right attempting to appropriate the Pope's "culture of life" language for narrow partisan advantage?  Or, is there a real opportunity for dialogue over what it means to build a "culture of life"?

The Possibility of a Christian Jurisprudence

In an earlier post Rick reported on a Christian Jurisprudence project that he is participating in through Emory's Law and Religion Program.  In that post, he said:  "Several of the participating scholars, though (Professor Milner Ball, in particular), expressed doubts about the very possibility of "Christian Jurisprudence" -- about, as I understood it, both the possibility of "jurisprudence" being "Christian" and about the possibility that "Christianity" contains "jurisprudence.""

Rick:  Could you briefly outline the case against the possiblity of jurisprudence being Christian and the possibility that Christianity contains a jurisprudence?

Thank you, Michael S.

Tuesday, November 9, 2004

McConnell for Chief Justice

Stuart Buck recently voiced his support of Michael McConnell for Chief Justice when the current Chief resigns. Any reaction?

Friday, November 5, 2004

Database of Catholic Social Thought Organizations

I just received news of this exciting project from Michael Naughton:

Dear Colleagues:

It is with great pleasure that we announce the launching of the Database of Catholic Social Thought Organizations
a collaborative project of the John A. Ryan Institute for Catholic Social Thought of the Center for Catholic Studies and the Pontifical Council for Justice and Peace.

The Database of Catholic Social Thought Organizations is a unique, online resource that brings together information that can serve people and institutions involved with different areas of Catholic social teaching.

The results of several months of research, it features information from over 400 institutes, organizations and associations from all over the world, who are active in areas related to Catholic social thought and action. It contains both institutes that pursue theoretical research and academic activities on CST-related issues, as well as organizations that are involved in the practical implementation of the principles of the CST.

It is a free, online, searchable database that can help you discover and contact the organizations and individuals that work on areas of Catholic social thought.  Covering all continents and most language groups, its scope makes it an ongoing project, and we are counting on your observations, suggestions and support to help us keep it current and up to date. We will be most indebted for your comments, opinions, corrections and suggestions, as they will enable us to improve and maintain this as a service for you and for the entire Church. If you are part of an organization that would like to be included in the database or if you know of any organization that is not listed, please contact us through our web site.

Sincerely,

Michael Naughton

Wednesday, November 3, 2004

From Contraception to Gay Marriage

Last weekend at the Christian Legal Society's annual meeting, I presented a paper entitled Sex, Marriage, and Procreation, which is now linked on the right hand side of this blog. My thesis is that a direct link exists between our culture's general acceptance of contraception and the case now being made for gay marriage. Here is my logic: Sex is divorced from its procreative potential (revolutionary technology: the pill; judicial imprimatur: Griswold); sex is divorced from its marital norm (technology: again, birth control; judicial imprimatur: Eisenstadt); sex is divorced from its heterosexual forms and norms (reproductive technology: n/a; judicial imprimatur: Lawrence); and now procreative possibilities are now divorced from heterosexual sex (new reproductive technologies; judicial imprimatur: --US Supreme Court???, Goodridge (Mass)).

The Goodridge court in Mass. appears to make the same point. That court made the connection between Griswold and gay marriage: “It is hardly surprising that civil marriage developed historically as a means to regulate heterosexual conduct and to promote child rearing, because until very recently unassisted heterosexual relations were the only means short of adoption by which children could come into the world, and the absence of widely available and effective contraceptives made the link between heterosexual sex and procreation strong indeed. … But it is circular reasoning, not analysis, to maintain that marriage must remain a heterosexual institution because that is what it historically has been. As one dissent acknowledges, in ‘the modern age,’ ‘heterosexual intercourse, procreation, and child care are not necessarily conjoined.’” Id. at 961-962 n. 23 (citation omitted).

I would appreciate comments from my fellow blogistas as well as any readers.

Tuesday, November 2, 2004

Election Day Strength from Carmel

My wife, Maria Ruiz Scaperlanda, passed this on from a Carmelite listserv. The subject heading on the post was "election day strength":

My soul, give praise to the Lord;
I will praise the Lord all my days,
make music to the Lord while I live.
 
Put no trust in princes,
in mortal men in whom there is no help,
take their breath, they return to clay
and their plans that day come to nothing.
 
He is happy who is helped by Jacob's God,
whose help is in the Lord his God,
who alone made heaven and earth,
the seas and all they contain.
 
It is he who keeps faith forever,
who is just to those who are oppressed,
It is he who gives bread to the hungry,
the Lord, who sets prisoners free.
 
the Lord who gives sight to the blind,
who raises up those who are bowed down,
the Lord who protects the stranger and
upholds the widow and orphan.
 
It is the Lord who loves the just
but thwarts the path of the wicked.
The Lord will reign for ever,
Zion's God from age to age.
 
 
Psalm 146

Monday, November 1, 2004

Aquinas, Prudence, and the Necessity to Vote

On October 31, Professor John O'Callaghan continued this thoughtful reflections on the election at the Ethics and Culture Forum. He concludes his reflections with these thoughts:

"So one's own political prudence must judge in such a situation which candidate is promoting the proportionately lesser evil; voting for such a candidate is an effort to limit the damage to the common good. Particular judgments here may be very difficult, but it is antecedently improbable that there will be some kind of perfect equality in the harm done to the common good by the respective candidates. Here I would recommend the excellent discussion posted earlier on this blog (10/19/04) by Brad Lewis on "Proportionate Reasons." In particular, in my previous post I argued that given the fundamental role of innocent human life in the constitution of the common good, in our own day it is difficult to see that there is any proportionate evil that one may judge to be greater than policies that legitimate and promote the taking of human life in abortion and euthanasia, or as David and Brad have pointed out in earlier posts, the deliberate production and subsequent destruction of a human life solely to farm its parts out for the benefit of others. All the other goods that must be protected in the common good find their point and purpose in the flourishing of innocent human life. They are empty "values" subject to social whim, prejudice, and cunning when divorced from the fundamental good of human life itself. No doubt there will be many who with good will may disagree with me in that judgment. When I listen to the brighter angels of my nature, and avoid irascibility, the thought that one or other of us will be wrong does not inflame me. But, regardless, none of us can fail to act to limit the greater evil we judge to be pressing in upon us. If Aquinas' discussion is relevant to our day, prudence demands better of us.

"What do I want if I love someone else? I want him to be happy. In charity, Thomas says, we love others 'as companions in the sharing of beatitude.'"(Josef Pieper, Happiness and Contemplation) On All Saints and the eve of All Souls, pray for our country, and those who would lead it, and "pray for me, as I will for thee, that we may all meet merrily in heaven.""


John O'Callaghan
[email protected]

Tuesday, October 26, 2004

John O'Callaghan on Catholics and Abortion Politics: SacredMonkeys

Expanding on a theme he articulated in a letter that appeared on this blog on May 20, Notre Dame Philosophy professor, John O'Callaghan, recently explored the reigning confusion over how the faithful Catholic ought to respond when different politicians seemingly emphasize different aspects of the "seamless garment of life." In his October 25 posting (entitled Catholics and Abortion Politics) on the the Ethics and Culture Forum, O'Callaghan convincingly lays out the case for distinguishing abortion from the death penalty (and a host of other issues). He concludes by asking us to ask ourselves whether history will "judge us to be among the Lincolns or the Douglases of our own age."

Monday, October 4, 2004

Catholics and Politcal Parties

After a long slumber, I am back with a short note in response to the posts by Rob, Mark, Michael, and Rick regarding Catholics and Political Parties, including the SGP. Even if the thought experiment succeeded and the SGP party was birthed, I suspect that within a matter of a few years it would adopt some position antithetical to Catholic teaching.

The way I see it, our roots are in a relationship - a relationship with the Living Word made flesh - and not in any particular idea-ology. Political parties, on the other hand, are formed, more or less, around sets of ideas, which may be more or less friendly to the Truths proclaimed by the Church. In short, isn't it the necessary lot of Catholics to live uneasily within the secular world of politics?

Michael S.

Tuesday, July 27, 2004

Cavalier Attitudes Toward Abortion

Several recent posts have highlighted the casual approach to abortion by many segments in our society. Here is another example - Planned Parenthood sells an "I had an abortion" t-shirt.

Planned Parenthood says: "Planned Parenthood is proud to offer yet another t-shirt in our new social fashion line: "I Had an Abortion" fitted T-shirts are now available. These soft and comfortable fitted tees assert a powerful message in support of women's rights."