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.

Tuesday, February 2, 2010

Nitpicking the Tebow Ad

Honestly,I think it's verging on petty to be complaining about the Tebow ad because of all the little collateral messages one could read into it, like Rob's concern about only celebrating dramatically successful lives, or Saletan's concern about underplaying the particular risk that Pam Tebow assumed (placental abruption).  Rob, Tebow's story makes for a good ad because it's a particularly dramatic telling of the story of the value of all life.  (If you want an equally dramatic telling of the story of the value of life for a single mom living in poverty, please, please, please go out and see the movie Precious).  The risk of placental abruption that Pam chose to take is potentially dangerous, but it is not irresponsible to share a story of someone taking that risk and having everything come out fine.

No one should underestimate the tremendous amount of pressure put on women to abort pregnancies based on the slightest suggestion of any sort of a risk, to the baby or the mother, whether based on a real physical condition, or the statistical possibility of such a condition.  It doesn't take a rocket scientist to figure out why -- why should any doctor concerned about litigation not prefer every woman she is treating to "chose" to eliminate any possibility that something might go wrong with the pregnancy?   An excellent book with a great introduction documenting some of these pressures, followed by stories of women throughout the world encountering such pressures is Melinda Tankard Reist's Defiant Birth:  Women who Resist Medical Eugenics .  (Full disclosure:  one of the stories is mine; a version of it as originally published in another collection is available here.) 

A couple of minutes of having the beer-guzzling masses watching the Game, sandwiched in between ads of bikini-clad women hawking beer, see a dramatic story where a woman assumed such risks and everything came out just fine isn't going to do that much to counter all of that pressure.  But God Bless the Tebow's and Focus on the Family for whatever good it does do!

Thursday, January 28, 2010

Difficult Realities of Engaging the Abortion Debates

Some of the comments on Rob's post about the reaction to the pro-life ad at the Superbowl touched on a reality about the abortion debate of which I am always acutely aware whenever I'm speaking about abortion -- the fact that, statistically, so many people in the audience are likely to have had abortions.  It's also something that I always think about when I see an odd reaction by someone when I'm out and about with my son, who has Down Syndrome.  Are those odd reactions hurtful expressions of discomfort with his condition or his "otherness", or are they instead expressions of hurt based on a decision that person may have made in his or her own life?  Those are such difficult realities to accommodate when figuring out how to engage in the abortion debate.

So here's something more positive:  A website that my brother brought to my attention, as a resource for parents faced with a prenatal diagnosis of a disability:  Be Not Afraid!

Christian Realism Presentations Now Available On-line

Video and audio of the excellent presentations at the Murphy Institute's November symposium on "Christian Realism and Public Life:  Catholic and Protestant Perspectives", are now available online here.  They include the plenary presentations by Jean Bethke Elshtain, Gerry Bradley, James Johnson, John Carlson, Robin Lovin, Jeanne Heffernan Schindler, David Skeel, and Bill Cavanaugh, as well as many of the interesting concurrent sessions.

Friday, January 22, 2010

Faith-based investing

MOJ friend Elizabeth Brown sent me this article from the Financial Times, about religiously-based investment funds.  According to the article, more than 1/10th of all US managed funds are now invested according to some sort of socially-responsible criteria.  The occasion for the article was Monday's opening of the NYSE session by the investment advisor "FaithShares", which offers different investment funds that invest according to values of different faith traditions:  Baptist, Catholic, Lutheran, Methodist, or 'Christian'.  Apparently the Baptist fund invests in no sellers of alcohol, the Lutheran fund avoids seller of spirits, and the Catholic fund has no qualms about alcohol.   Islamic funds, avoiding both sellers of alcohol and banks, have apparently been performing pretty well lately.

Candy-making Nuns

Speaking of being more open to the influence of the spiritual world, here's the best explanation I've seen for Scott Brown's victory in Massachusetts.

More Thoughts on Allen's First Trend -- "World Church"

Continuing Amy's and Rick's reflections on John Allen's first trend, the World Church, one of the things that intrigued me most was something of a contradiction.  On the one hand, as Amy pointed out, he characterizes attitudes toward the supernatural as "perhaps the fundamental dividing line between the religious climates of the North and the South."  He says that we Christians of the North are reluctant to talk too openly about the spiritual world, citing skepticism about things like appearances of the Virgin Mary, miraculous healings, and demonic possession.  In the South, in contrast, the spiritual world is "tangible, palpable, and constantly nearby -- in some ways, more real than the physical world."  He speculates that a future pope from the global South might "issue an encyclical presenting Jesus Christ as the definitive answer to the 'spirits of the world' . . . A document from the Vatican along these lines would arguably stand a better chance of finding an audience at the global Catholic grassroots than virtually any other subject that Western theological elites might desire a future pope to address."  (I have to confess, as a Northern Christian (1) with a great fascination for Marian apparitions, and (2) who gets REALLY creeped out by demonic possession movies like "The Exorcist" and "Paranormal Activity", I'd be among that eager audience.)

But, Allen also makes some very interesting observations about the vantage point of the global South in its dialogue with the secular world and with other faiths that seems somewhat at odds the way that characterization of the South as more 'superstitious', less sceptical.  I found this one in particular absolutely fascinating -- he suggests that in the global North:  "Where the main rival to Catholicism is agnostic secularism, popular caricatures of Catholicism will style it as a conservative social institution, perhaps a little hide-bound.  Where the alternative [as in the global South] is Islam or Pentecostalism, however, Catholicism often appears comparatively moderate and sophisticated, arguably better able to engage modern science, politics, and economics than its competitors." 

What would these two trends mean for us as Catholic legal theorists, if we ourselves really open ourselves up to these somewhat contradictory influences from the Global South?  If we considered our debating partners as being NOT the agnostic, secular world of the American legal academy, but instead the Islamic or Pentacostal world, and if we were more open to the influence of the spiritual world into the physical world, could we still be credible as legal theorists?

I think I've opened this for comments.

Thursday, January 7, 2010

Mulieris Dignitatem and Pornography

Mary Leary at Catholic Law School has posted an article based on an excellent presentation I heard her give at a symposium on the 20th anniversary of Mulieris Dignitatem:  "Mulieris Dignitatem:  Pornography and the Dignity of the Soul:   An Exploration of Dignity in a Protected Speech Paradigm."  The abstract:

This article, part of a symposium celebrating the 20th anniversary of Mulieris Dignitatem, reflects on Mulieris Dignitatem’s teachings, and how they can inform the issue of pornography. Modern day pornography has increased in both its quantity and severity of content. Mulieris Dignitatem offers a pathway out of this reality with its focus on the concept of dignity. The article reviews John Paul II’s emphasis on the dignity of woman and applies it to the modern day issue of pornography. The article suggests a paradigm shift from examining pornography solely through a “speech and expression lens” to examining the issue through a “dignity lens. In so doing, the article explores John Paul II’s discussion of dignity of both men and women, as well as society as a whole. It examines some parallels between this approach and the previous civil rights approach of the feminist movement. Finally, the article invokes John Paul II’s emphasis on vocation and proposes a social movement targeting a paradigm shift to a dignity perspective rather than relying on a legal movement.


More important than the legal solution (criminalization), Leary argues, is a change in the social norms governing pornography today in the U.S.   She describes how the law "followed the dictates of the societal shift" in attitudes toward smoking, driving under the influence, and dangerous sexual practices.  She argues for increased public education about findings of researchers who have identified online pornography as 'a hidden public health hazard'.  She also argues for greater efforts to combat "the normalization of the sexualization of girls."

As a mother of a nine-year old girl who watches far too much Nickelodeon and Disney Channel, I say, AMEN, Mary!

Wednesday, January 6, 2010

2009 Law School Survey of Student Engagement

The latest Law School Survey of Student Engagement is getting press for its finding that more law-school students (even those with high debt loads) are responding to the economic situation by seeking more lower-paying public interest jobs.  Since the higher-paying jobs are becoming more scarce, that's hardly a surprising finding.  But it's certainly something that ought to be in the forefront of our minds, as law professors, when we think about the sorts of things Rob raises concerning tuition increases, student debt loads, and the "mission" of Catholic law schools.

And some of the other findings ought to present personal challenges to all of us, whether at Catholic law schools or not, committed to living our faith commitments in our professional lives.  As summarized in today's Chronicle of Higher Education":

Among the report's other findings:

  • Students who are not involved in extracurricular activities study less than their peers and more frequently come to class unprepared.
  • More than one-third of all law students say that their legal education places little emphasis on acting with integrity in personal and professional settings.
  • Only about half of all law students frequently receive feedback from their professors that is helpful to their academic development.
  • One in 10 law students say they never receive feedback from professors that stimulates their interest in the study or practice of law.
  • Male students are more likely than female students to receive oral feedback from professors, both during class and outside of class.

Monday, December 21, 2009

Contemporary American (Film) Culture, cont'd

If Michael is inviting us to engage in movie ratings, I feel compelled to contribute.  I have a 16-year-old son who is a somewhat rabid movie fan and we take the film awards season very, very seriously around my household.  Between my older son who needs someone to drive him to & get him into R-rated art films, and my youngest daughter needs someone to drive her & sit with her through movies like the Hannah Montana 3-D Concert and Beverly Hills Chihuahua, I see a LOT of movies.  Plus, I love movies.

I agree with Michael that both craft and content being equally important in judging films.  I just saw Avatar yesterday.  That's an example of a film where the brilliance of the craft does not elevate the film to "great" status, because of lack of content.  It was a visually stunning movie; the CGI and subtle 3D effects were simply dazzling.  The movie transported you to another world for a couple of hours -- well worth the ticket price.  BUT, the story was basically Disney's Pocahontas meets Peter Jackson's The Return of the King.  I found myself wanting to leave the movie early (it's way too long) to get home & watch the Lord of the Rings  trilogy again. 

I also agree with Michael about The Hurt Locker and Precious being two of the best films of the year.  But I'd switch the order. I agree that The Hurt Locker was masterful in both craft and content.  (As an aside, it's one of the few war movies directed by a woman.  It did not have a single element of conciously portraying any sort of "woman's perspective" on the war.  I couldn't help but wonder, though, if that untraditional gender perspective might have given the movie some of the complexity and depth that gave the film its resonance.  I'm not trying to say anything like "women are more complex and deeper than men", but rather that the different perspective on such a familiar topic might have changed the focus just enough to engage the viewer more intensely.)

But Precious beats out The Hurt Locker, for me, hands down.  That film was one of the most profound artistic presentations of the complexity of the human condition that I have ever seen.  The characters in that movie displayed almost every type of behavior you could imagine on the spectrum of evil.  The unflinching acting behind those portrayals of evil was truly award-worthy.  But the message of that movie was one of the dignity of each and every human being.   The most powerful force in that story, more powerful than evil, was the power of love -- most particularly the love that a mother had for two children who came into the world under indisputably tragic circumstances.  I think that a movie that can take the viewer through an emotional journal through despair at Precious' circumstances, to the horror of how evil people could be, to end up with a feeling of hope and love, is a great movie.  

Tuesday, December 15, 2009

O brave new world......

Check out this new article posted on SSRN:

MAOA Gene Predicts Credit Card Debt

Abstract:     
Economists have long realized the importance of credit markets and borrowing behavior for household finance and economics more generally. However, none of this previous work has explored the role of biological constraints. Here we present the first evidence of a specific gene that may influence borrowing behavior. Using data from the National Longitudinal Study of Adolescent Health, we show that individuals with a polymorphism of the MAOA gene that has lower transcriptional efficiency are significantly more likely to report having credit card debt. Having one or both MAOA alleles of the low efficiency type raises the average likelihood of having credit card debt by 7.8% and 15.9% respectively. About half of our population has one or both MAOA alleles of the low type. The results suggest that economists should integrate innate propensities into economic models and consider the welfare consequences of possible discrimination by lenders on the basis of genotype.