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.

Saturday, September 29, 2007

Make Room for Singles

A recent essay in the Chronicle of Higher Education, "Make Room for Singles in Teaching & Research" argues that

In the academy, much research and teaching is based on the outdated assumption that marriage and the nuclear family dominate adult life. As a result, people who are single, and perspectives not based on conventional marriage, are greatly underrepresented or misrepresented in scholarship and public policy.

As examples, the authors continue:

Marriage and family studies, for example, is a burgeoning, multidisciplinary field that has recently expanded to incorporate the study of nontraditional families. But single people are still likely to appear in its research and courses only if they have an important life experience in common with adults in nuclear families — for example, if they had been married, have children, or are cohabiting.

Scholars in psychology, sociology, and many other disciplines have contributed to the growing field of relationship science — which, in theory, is about all relationships and hence broader than the study of marriage and family. In practice, however, research in that field focuses on romantic and marital attachments, using "relationship" as a shorthand for conjugal ties.

The marriage-centered view of singles assumes that they are alone, and that the growth of one-person households means the nation is at risk of a national epidemic of loneliness. Research from a singles perspective by one of us — The New Single Woman (Beacon Press, 2005), by E. Kay Trimberger — and other scholars challenges such assumptions. It shows that singles have strong ties to their extended families, are adept at forming networks of friends, and are more involved in their communities than married people are.

The relationships that are important to single people, like close friendships and ties to members of the extended family, are invisible to or devalued by scholars who consider marriage the norm. Some of them might argue that singles have close friendships because they are compensating for not having a spouse. A singles perspective would generate other hypotheses — for example, that many single people prefer to maintain a diversified relationship portfolio, rather than investing most of their emotional capital in just one person.

My first impulse on reading this was to mentally retreat into what is probably a stereo-typical Catholic sort of "Oh, my heavens, look how far the assault on the family is going in our society!  We must resist this attempt to validate the sybaritic singles life-style!" 

But upon further reflection, I realized that the article isn't suggesting anything like that, and in fact taps into something that does trouble me about some of the Catholic conversations about family and men and women (including, I freely admit, some of my own work).  I don't think we give enough thought to, let alone intellectual support to, those whose  vocations call them to a life that can't include raising a family themselves -- not just religious vocations, but also those who recognize that the work they are called to do must be so absorbing that they cannot responsibly start their own families.  The discussion in Mulieris Dignatem of "spiritual motherhood" suggests a start, but it doesn't really go very far.  Is there more discussion of this issue directed at priests that I don't know about?  I think it would be very interesting to see some Catholic contributions to this kind of research. 

Wednesday, September 26, 2007

But where's the "gap"?

Thanks, Rob, for bringing this interesting NYT article to our attention.  But, personally, I think you missed the most interesting finding -- the explanation for the growing gap in happiness between men and women:

Since the 1960s, men have gradually cut back on activities they find unpleasant. They now work less and relax more.

Over the same span, women have replaced housework with paid work — and, as a result, are spending almost as much time doing things they don’t enjoy as in the past. Forty years ago, a typical woman spent about 23 hours a week in an activity considered unpleasant, or 40 more minutes than a typical man. Today, with men working less, the gap is 90 minutes.

Ladies???

Monday, September 24, 2007

Paper Call: 2nd Ann. Conf. on MacIntyrean Philosophy

Call for Papers

Theory, Practice, and Tradition: Human Rationality in Pursuit of the Good Life

The Second Annual Conference of the International Society for MacIntyrean Philosophy

The International Society for MacIntyrean Philosophy invites submissions focusing on Alasdair MacIntyre’s accounts of theory, practice, and tradition as a foundation for ethical and political work. Diverse philosophical approaches and methodologies are welcome and the theme can be broadly interpreted. Papers should not exceed 30 minutes reading time.

Select papers may be published in a special journal for the International Society for MacIntyrean Philosophy.

The International Society for MacIntyrean Philosophy was founded by the participants of “MacIntyre’s Revolutionary Aristotelianism: Ethics, Resistance and Utopia,” a conference organized by Kelvin Knight, held at London Metropolitan University in June 2007.

The society includes professional philosophers from different traditions, experts in political theory, the social sciences, the humanities and education, as well as members of non-philosophical communities and practices, and others interested in the relevance of their commitments and professions. Please submit a 100 word abstract no later than January 10, 2008 by email.

Conference Dates: July 30 through August 3, 2008

Location: Saint Meinrad School of Theology, St. Meinrad, Indiana, USA

Website: http://macintyreanphilosophy.googlepages.com/home

Contact: Christopher S. Lutz, Conference Secretary

Email: [email protected]

Phone: 812-357-6209

Saint Meinrad School of Theology

200 Hill Drive

St. Meinrad, IN 47579

Monday, September 10, 2007

Stem Cell Research on Fragile X Syndrome

Yet another report of more good science (dealing with brain functioning affected by Fragile X Syndrome, "the most common genetic disorder associated with mental impairment) coming out of good old, Catholic Church-sanctioned ADULT stem cell research.

Friday, August 17, 2007

St. Elvis?

On the assumption that Elvis Presley is of such universal interest that this transcends the need to justify as having any relation to Catholic legal theory, I offer this link to "Five Catholic Facts about Elvis."

Thursday, August 16, 2007

A Rose by any Other Name......

Bishop urges Christians to call God 'Allah'
Catholic leader believes it would help ease tensions between religions

Catholic churches in the Netherlands should use the name Allah for God to ease tensions between Muslims and Christians, says a Dutch bishop.

Tiny Muskens, the bishop of Breda, told the Dutch TV program "Network" Monday night he believes God doesn't mind what he is called, Radio Netherlands Worldwide reported.

The Almighty is above such "discussion and bickering," he insisted.

Muskens points to Indonesia, where he served 30 years ago, as an example for Dutch churches. Christians in the Middle East also use the term Allah for God.

Tuesday, August 14, 2007

A Protestant Perspective on MOJ & the Bible

My new colleague, Joel Nichols, had this response to Brian McCall's comments:

I’ve read with interest a couple of the MOJ posts on scripture and found them interesting – since (as a Protestant brought up in an “evangelical” tradition, for lack of better terminology) I have found it curious that the MOJ project so rarely refers to the Bible in its discussions.

While the other extreme to Brian McCall’s post would be the severe “proof-texting” sometimes practiced by some Christians, I would surely hope (and indeed believe) that there is something in between.  I’m particularly troubled by Brian statement below that “Protestants only having one aspect of Revelation are obviously left starting with all they have.”  This is a pretty extreme over-simplification of Protestant positions, as there are surely gradiants in between (A) having “only” Scripture and (B) Brian’s description of having “Scripture and Tradition” but then only approaching Scripture after first consulting Tradition. 

Just by short examples, at seminary we often discussed John Wesley’s so-called “Methodist quadrilateral” of sources, which advances (1) Scripture; (2) tradition; (3) reason; and (4) experience (as informed by the Holy Spirit).  Or, the Episcopal Church regularly talks about (1) Scripture; (2) Tradition; and (3) Reason as sources of authority.  There is some interesting thinking and writing within Protestantism (including evangelicalism) right now regarding how much weight to give to the various sources of authority, and I know of individual churches having classes on exactly this question.  Personally, to my traditionally evangelical mind, it still seems imperative to start with Scripture – although I would be very quick to add caveats about “proper” interpretation and the use of other sources.  (One could argue this just a variant of legal “originalism,” I suspect.)  While part of the difference between Protestants and Catholics about sources likely stems, I suspect, from the still-strong difference in some Protestant and Catholic thought regarding the propriety of individual interpretation versus a more hierarchical interpretation, we shouldn’t be too quick to mis-characterize the Protestant position here either.  The best Protestant sources (to my mind, at least) have never advocated pure individual interpretation outside the boundaries of Christian tradition – but have rather insisted that individual interpretation can/should only take place in the context of community (including both current and past community). 

While I would not at all condone the proof-texting that has been done in various circles in the past but instead insist that we should have a more robust understanding of Scripture, including its themes and overall tenor more than just singular passages, neither does it seem the right starting point to work “backwards,” if you will, by beginning with tradition and only later going to scripture.  [Interesting also to my mind is that underneath such a discussion about sources lie serious issues about revelation, authority, human nature and capabilities, polity, and other deep matters, even though this seems on the surface only an issue of sources.]

Relative Authority of Scripture & "Sacred Tradition"

Brian McCall of Oklahoma University College of Law offers these thoughts on the MOJ & the Bible question, raising the question of the relative "authoritative value" of Scripture and "Sacred Tradition."  Any thoughts on this?   The issue of the relative authority of different Church teachings is something that we ended up discussing quite a bit at the June Conference on Catholic Legal Thought meeting, and something we think we'll address in more depth at next year's meeting.

Unlike Protestants, Catholics do not have “an” original text.  Scripture and Sacred Tradition are of equal original authoritative value and both of which are inerrant.  In fact Sacred Tradition could be seen as taking priority over the Scripture in researching a topic because part of Tradition is to authoritatively interpret Scripture.  Therefore, I think it is wholly Catholic to begin with Tradition (Fathers, Scholastics, Encyclicals, Catechisms) when reviewing a question.  From these sources relevant biblical texts will emerge.  After orienting ourselves in the answer we can then turn to the passages and read them in light of the interpretation preserved by the Church. 

I don’t think this is radically different from legal research (at least as I do it).  We often begin with a treatise/law review and then from there read the statute discussed in light of the explanation.  Protestants only having one aspect of Revelation are obviously left starting with all they have.

Monday, August 13, 2007

MOJ and the Bible

I found Rob's question about why the Catholic Legal Theory project hasn't made more space for the Bible quite interesting.  In trying to answer for myself, I was struck by how my first impulse in trying to think through any sort of legal question from a CLT perspective is definitely to start with the index of some "secondary source", like the Compendium,  or the Himes collection, or (now that it's out) Recovering Self-Evident Truths.  I would never think of starting with the "original text," and I will often stop short of actually ever resorting to the "original text."  The couple of recent articles I've written on Catholic feminism do contain a fair number of direct Bible quotes, but all were filtered through Pope John Paul II's brilliant exposition of Jesus' relationships with the women in his life, in the encyclical Mulieris Dignitatem.

I don't think it's only because I don't know what's in the Bible -- though I'd hastily concede that a cradle Catholic like me most likely has only a fraction of the familiarity with the Bible that Rob's evangelical buddies have before they leave elementary school.  I think it's more because I don't have confidence that I can correctly discern all the layers of meaning that those words in the Bible contain on my own.  I think it's the same impulse that would lead me, if I were trying to figure out some aspect of a Constitutional law topic, to start with some general treatise or law review article from someone whose work I respect, rather than just opening up my pocket Constitution.

Is that the Catholic in me, or the lawyer in me, or the legal scholar in me, or just some personal quirk?  I don't know.  But it does strike me, when I really think about it, as maybe not a good thing.  At the very least, it is sort of odd.  Shouldn't the legal scholar in me want to check her conclusions against the ultimate authority -- the sacred scripture?  I honestly have no answer for why I find myself shying away from that impulse rather than being drawn to it.   

This train of thought reminds me of a book my brother brought to my attention recently, Tod Lindberg's The Political Teachings of Jesus.  Has anyone read it?  You can read an excerpt on the Sermon on the Mount here.  A sample:  "The Beatitudes provide a dizzying commentary designed to turn upside down the political and social world of the Roman Empire of Caesar Augustus and of the Jewish religious elite of Judea and Jerusalem. This is the opening move of a more drastic and fundamental reassessment of political and social affairs, applying not only to its own time but to all future times, down to our day."

Here are some reviews:

“What Tod Lindberg attempts to do here is, so to speak, bring Jesus down to earth by teasing out and separating from his other worldly or religious teachings those that concern the question of how life in this world can best be lived and how society can best be organized. It is a fascinating analysis, and it sheds a bright new light on the extent to which our own form of government is rooted in the law of the Old Testament as interpreted and modified by Jesus in the New.” — Norman Podhoretz, author of The Prophets: Who They Were, What They Are

“You will never read the Bible or hear a sermon the same way again after reading The Political Teachings of Jesus. Tod Lindberg outlines Jesus’s teachings for this world, not the next — for how we can and should strive for a global “community of goodwill.” It recovers the profound simplicity and power of the most fundamental Jesusian teaching: the freedom and equality of all human beings. In an age in which politics and religion are so often dangerously distorted and intertwined, this political teaching of one of our greatest religious figures could not be more timely.” — Anne-Marie Slaughter, Dean, Woodrow Wilson School of Public and International Affaris, Princeton University; former president, American Society for International Law

Sunday, August 12, 2007

Recusal for Being Catholic?

An attorney in Ft. Lauderdale, Florida has filed a motion for recusal of U.S. District Court Judge William Zloch from an employment case for bias, based on his "deep religious beliefs."  Law.com reports that:

In a 110-page motion for recusal filed last month, Spolter cited Zloch's hiring of several law clerks from Ave Maria Law School, a donation to the Roman Catholic school and his attendance at several junkets for judges sponsored by conservative organizations.

The motion itself is offensive on so many levels it's hard to know where to begin, but most salient perhaps is the fact that supportive statements from lawyers who have appeared before him representing clients like abortion clinics and strippers all claim that he is scrupulously fair.  As "evidence" of bias, the attorney charges that:

Zloch has employed more law clerks from Ave Maria -- three in all -- than any other judge in the nation. Currently, two of his three clerks are Ave Maria graduates.

The school lists Zloch as one of its advocates, featuring him among its "honor roll of donors" for contributing $100 to $500 in 2004.

"Having faculty with strong beliefs favoring one end of the political spectrum would not be troublesome in and of itself," according to Spolter's motion. "It does, however, become problematic when a judge rewards and endorses a law school -- through monetary contributions and by aggressively hiring its graduates as law clerks -- when the faculty is comprised solely of those advocating a certain limited range of political and religious beliefs."

Does anyone else find this sort of scary?