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, June 26, 2007

Special Olympics vs. Plastic Surgery

I think most of us would agree that equal access to health care is a pressing social justice issue (e.g., Lisa Sowle Cahill's Theological Bioethics).  I had an experience of severe cognitive dissonance this past weekend that raised some questions about the allocation of our nation's health care resources. 

I spent four hours Saturday afternoon at my son's State Special Olympics gymnastics meet.  I was particularly captivated by many of the young women athletes.  Various forms of mental retardation are associated with low muscle tone and various metabolic conditions that can lead to body shapes and sizes that are very different from the images of women athletes we're accustomed to seeing in televized sporting events.   Yet the athletes that I watched on Saturday were uniformly graceful, confident, and so evidently proud of themselves as they soared over vaults and performed their floor exercises all afternoon in their gym.  They were in their element, performing physical feats that they had practiced for years with their supportive, capable, and loving volunteers, and they KNEW they were truly beautiful, and they truly WERE beautiful.

Later that evening, I went out to dinner with some friends at the outdoor patio of a restaurant on the shores of a lake near where we live.  It's a dockside restaurant, where boaters can pull up to the dock, hop on shore, and eat dinner.    As we ate, we couldn't help but notice the conspicuous parade of, shall we say, "surgically-enhanced" female bodies in bikinis popping in and out of the boats docking for dinner.  The basic tenor of the conversations I overheard in a visit to the ladies' room revealed that, for all the conventional physical beauty on display on that dock, many of these women seemed to be suffering an inordinate amount of insecurity and lack of confidence about their appearance.

Surely, whatever it is that the Special Olympics volunteers do with their athletes every weekend in their practice sessions must cost society a fraction of what is spent on plastic surgery in the U.S.   And, based on my observations last Saturday, it's much more effective in promoting self-esteem and self-confidence.  Isn't there some sort of CST argument for reallocating some of our nation's health care resources from the plastic surgery business to a Special Olympics-type program for people with too much money?

Saturday, June 23, 2007

Thoughts about the Early Christians

I haven't read Ratzinger's Jesus of Nazareth, but some of the points raised by Michael S's  post on it have been on my mind lately.  I'm in the extremely fortunate position of being able to spend much of my time over the next year as a student, working on a Master's Degree in Catholic Studies here at St. Thomas.  I'm taking two courses this summer, one an introductory survey, "Catholic Thought & Culture I" (covering the first 13 centuries of Christianity in one semester....), the other "The Church and the Biomedical Revolution."  In both classes, we started off with some reading and discussion of the beginnings of Christianity.  My imagination has been utterly captured by the struggle of the early Christians to define and explain this revolutionary new religion, both for themselves and for the rest of the world, the pagan world they were trying to live in and make peace with.

For the Catholic Thought & Culture class, we read an excerpt from Robert Wilken's The Spirit of Early Christian Thought.  The very first chapter talks about the efforts of Justin Martyr and Origen to respond to the pagan philosophers challenging this new religion.  Wilken makes the point that, despite the brilliance of the arguments these early Christians formulated to engage the philosophers on their own terms, they never lost their awareness that the truly revolutionary thing about this religion was that it was centered on the life of Jesus.  He writes:

What had been handed on in the church's worship and practice, in prayers and catechetical instruction, in the words and images and stories of the Bible was set on a firm intellectual foundation.  Yet, and this is the central point, the biblical narrative was not reduced to a set of ideas or a body of principles;  no conceptual scheme was allowed to displace the evangelical history.  Christianity, wrote Leo the Great, bishop of Rome in the fifth century, is a "religion founded on the mystery of the Cross of Christ."  Christian thinking did not spring from an original idea, and it was not nourished by a seminal spiritual insight.  It had its beginnings in the history of Israel and the life of a human being named Jesus of Nazareth, who was born of Mary, lived in Judea, suffered and died in Jerusalem, and was raised by God to new life.

It just stuck me, reading that, how easy it would have been for all of these brilliant Church fathers to take the "sayings" of this historical person, Jesus, and take on the pagan world intellectually by reducing the words to a "set of ideas or a body of principles" or a "conceptual scheme."  But that's not what happened.  It's really a rather extraordinary thing, when you think about it on the human level of very smart people (not unlike, say, law professors) trying to explain themselves and their revolutionary faith to a secular world.

In my other class, "The Church and the Biomedical Revolution", I learned another fascinating thing about the early Christians, perhaps not really related to Michael's point, but something that has similarly seized my imagination.  We read a chapter from a book by Rodney Stark, The Rise of Christianity:  A Sociologist Reconsiders History.  In a chapter called "Epidemics, Networks, and Conversion", Stark suggests that contributing to the rapid rise of Christianity throughout the Roman Empire were two epidemics, one in 165 (probably smallpox) and another in 251 (probably measles).  One of many interesting points that Stark makes is that far greater numbers of Christians survived those epidemics than pagans, for the simple reason that they were living basic Christian values of love and charity.  The simple act of not abandoning the sick -- as their pagan neighbors generally did -- but instead sticking around and providing for their elemental needs for food and water, greatly reduced mortality.  (He writes "Modern medical experts believe that conscientious nursing without any medications could cut the mortality rate by two-thirds or even more.")  In addition to the higher survival rates of the Christians, the fact that the Christian ethic led them to care for pagans as well, and the power of the seemingly "miraculous" survival of so many Christians, affected the subsequent conversion of surviving pagans.  I'm not sure what that has to do with CLT, and I'm not sure why it has so seized my imagination, but isn't it fascinating?

And next week, we get to Augustine, organ transplantation, and the theological foundations of medical research ethics.  Am I not just the luckiest girl around?

Sunday, June 17, 2007

Minneapolis meeting of the Conference on Catholic Legal Thought

I'm happy to report that the second meeting of the Conference on Catholic Legal Thought, which we hosted here at the University of St. Thomas this year, was a thoroughly successful follow-up to last year's organizational get-together at Fordham.  The model that we generated at Fordham seems to have worked very well.  The deliberately interactive sessions generated wide-ranging, broad discussions among all the participants, during which we were able to expore multiple dimensions of each issue -- from the theoretical frameworks of the ideas, to the practical challenges of implementing the theories in our teaching and scholarship, to the pastoral challenges of modeling Christianity while engaging the culture. 

We began with a day of introduction to Catholic social thought through the lens of economic life, led by the economist/theologian Daniel Finn from St. John's University in Collegeville, MN.  (Just before joining our conference, Finn had been presiding over the meeting of the Catholic Theological Society of America, as outgoing President.  John Allen's current column describes Finn's Presidential Address there last Sunday as one of the most impressive talks he's ever heard, explaining:  "When I say "impressive," I mean not just intellectually provocative or rhetorically satisfying, though Finn's address was both, but also brave and potentially transformative -- not only for the CTSA, but for American Catholicism.")

We then continued with two days of roundtables, panels, workshops featuring, among many other wonderful contibutors, theologians Paul Wojda and Bill Cavenaugh, medical doctor Sr. Marie Paul Lockerd, and MOJer's Amy Uelmen, Patrick Brennan, and Michael Scaperlanda.  One of our guests was the sociologist Sr. Edith Bogue of the College of St. Scholastica in Duluth.  She has posted a discussion of the conference (with pictures!) on her blog, Monastic Musings (scroll down -- you'll recognize the people in the pictures.)  MOJer Susan Stabile graced us with an extraordinary Ignatian prayer excercise, and Fr. Reggie Whitt (who will be rejoining us at UST in a few weeks after 4 years as President of the Dominican House of Studies in D.C.) and Fr. Greg Kalscheur (Boston College) celebrated Masses for us.

And, of course, there was some time for the other goal of this group -- community building. We had a fun (if rather boisterous by the end) dinner together at an Italian restaurant downtown, and a much more mellow outing to the Loome Theological Bookstore in Stillwater  (where everyone found at least one book they were looking for or didn't know they needed, but where, we all agree, Patrick Brennan won the prize for buying the most), followed by dinner on the outdoor patio of a bar on the banks of the St. Croix River, on a picture-perfect beautiful summer evening.

Next year, we'll be meeting at Seattle University School of Law.  Our introductory day is going to grapple in some way with how we deal with issues of authority in incorporating Church teachings in our work.  We'll be putting together segments on legal theory, the pastoral implications of teaching as a Catholic law professor, developing a "scholarly persona" as a Catholic, and workshopping Rob Vischer's current book project on conscience.  Although it has been a true joy to work on pulling together this year's meeting, I'm happy to hand over the reins to Russ Powell.  I am already looking forward to what I will learn from this extraordinary group of scholars and friends next year!  Expect to start hearing from Russ as the year goes on.

Lisa

Saturday, June 9, 2007

What came first, secular Europe or small families?

Mary Eberstadt has fascinating piece in the Hoover Institution's Policy Review called "How the West Really Lost God", suggesting a different explanation for the securalization of the Western world than the one posited by Ross Douthat in the Atlantic article Michael P. recently posted ("a symbolic statement against the religious right").  It's a really rich essay, and my synopsis below won't do justice to the depth of her arguments, but here's the basic outline.

She challenges a particular step in the "conventional story line about how and why religion collapsed in Western Europe" -- namely the assumption that "religious belief comes ontologically first for people and that it goes on to determine or shape other things they do -- including such elemental personal decisions as whether they marry and have children or not."  Most particularly, she argues that "many Western European Christians did not just stop having chldren and families because they became secular. At least some of the time, the record suggests, they also became secular because they stopped having children and families."

Her arguments are fascinating, beginning with demographic arguments such as, for example, the argument that the widespread use of birth control  in France brought down the total fertility rate to 3.25 per thousand (the same as the Netherlands in the early 1960s) as early as the 1880's!

She rejects the simple counterargument that religious people have more children because of things like the Catholic Church's prohibition against birth control.  That doesn't explain the relatively higher birth rates among Evangelical Christians, Orthodox Jews, or Mormons, none of whom are subject to theological injunctions against birth control (or even, in some cases, against abortion). 

She explores some possible explanations about what it might be about the experience of families that would incline people toward religion -- such as the transcendence of the experience of birth ("the sequence of events culminating in birth is nearly universally interpreted as a moment of communion with something larger than oneself, larger even than oneself and the infant"); the primal connection between parents and children; the intimate connection with another generation that is "literally death-defying -- another feature that might make it easier for those living in families to make related transcendental leaps of the religious variety." 

She makes the interesting suggestion that women's more immediate experience of the act of birth could help explain another puzzling aspect of secularization trends.  She says her theory "ties up another theoretical loose end that should be troubling to the secularizationists, despite having no apparent standing in their discussion.  That is the well-known fact -- one that is curiously unmentioned in the latest vogue of atheism as well -- that women as a whole are more observant than men. . . .If news of God's death is moving throught society slowly but surely, why should it be that one sex in one country and culture after another seems to be getting the news faster than the other?"

She ends with some speculation about what it might mean for the fate of religiosity in the advanced West if she's right.  Noting that fluctuations in birth rates are common (compare the birth rate in the U.S. during the Depression with the rate a few decades later, in the Baby Boom), she suggests that people might start getting seriously worried about the collapse of the social security system and begin appreciating the value of children as sources of support in old age, or that society as a whole might start really heeding the lessons that are causing marriage and childbirth rates to rise among more affluent educated American women, or that perhaps family-friendly political reforms such as "restoration of public education, meaningful tuition tax credit, innovations in home-school networks" could influence family size.

I encourage you to read the full piece.  It's really fascinating.  Here's a final excerpt:

.  .  .  it appears that the natural family as a whole has been the human symphony through which God has historically been heard by many people — not the prophets, not the philosophers, but a great many of the rest. That is why the conventional story of secularization seems to be missing something: because it makes its cases by and to atomized individuals without reference to the totality of family and children through which many people derive their deepest opinions and impressions of life — including religious opinions and impressions.

Tuesday, June 5, 2007

EEOC Guidance on Discrimination against Caregivers

The EEOC just published guidelines on when discrimination against caregivers might constitute unlawful disparate treatment under Title VII of the Civil Rights Act of 1964 or the Americans with Disabilities Act.  The preamble stresses that, while no federal law prohibits discrimination against caregivers per se, there are circumstances in which particular employment decisions affecting a caregiver might constitute unlawful discrimination on the basis of some prohibited characteristic, such as gender, pregnancy, race, or association with a person with a disability. 

The examples are fascinating, covering a broad range of caregivers -- mothers, fathers, people caring for elderly parents and disabled spouses.  The EEOC cites many of the strong recent works of scholarship on the effect of caregiving on employment, including Joan C. Williams & Nancy Segal, Beyond the Maternal Wall:  Relief for Family Caregivers who are Discriminated Against on the Job, 26 Harv.Women's L.J. 77 (2003), Mary Still, Litigating the Maternal Wall:  U.S. Lawsuits Charging Discrimination Against Workers with Family Responsibilities (2005) and Joan Williams, One Sick Child Away from Being Fired:  When "Opting Out" is Not an Option, (2006)

Thursday, May 31, 2007

More prayers to saints

Following up on prior posts about praying to saints, Fr. James Martin, S.J., writes in the May 28 edition of America that there are, in fact, petitionary prayers to Mother Cabrini and St. Therese of Lisieux "to find a parking space", and a common prayer for single women to Mary's mother:  "Saint Anne, Saint Anne, find me a man."

He traces the Catholic tradition of praying to saints back to "second-century graffiti on the walls near the martyrs' graves in Roman cemeteries."

He writes:

For me, it is both natural and sensible to call on the saints for help from time to time. Since we often ask for prayers from friends on earth, why would we not turn to our friends in heaven?

When it comes to serious matters, like a life-threatening illness, the intercession of the saints is easy to explain. Why wouldn’t someone as generous as, say, Thérèse of Lisieux want to help us during difficult times, just as she prayed for her sisters, for missionaries in Vietnam, and for a notorious murderer, during her life? The doctor of the church specifically hoped for this role in the afterlife. “After my death I will let fall a shower of roses,” she wrote. “I will spend my time in heaven doing good on earth.”

Even with less significant matters, like the lost set of keys, the saints may be happy to help us, much as a big brother or sister will bend down to help a younger sibling tie a stray shoelace or zip up a winter coat.

Wednesday, May 30, 2007

The Successes of Secret Evangelicals and "Quasi-religious" Catholics

Our local paper today reprints, side by side, two fascinating op ed pieces from national papers.  One is Hanna Rosin's piece from the Washington Post "A New Evangelical Establishment", which has a strong tone of warning about the phalanx of accomplished young Evangelicals -- overwhelmingly politically conservative -- positioned to take over our government.  An excerpt:

A 1996 study found that evangelical college students were remarkably unified in their political identification: More than two-thirds called themselves Republicans, and only 9 percent said they were Democrats. At Patrick Henry, I heard a rumor that someone had voted for John Kerry. I chased down many leads. All dead ends. If it was true, no one would publicly admit it.

While testifying this week, Goodling admitted that she had asked inappropriately partisan questions of applicants for civil service jobs. But she never asked about religion, she said. Unlike their elders, the new generation of evangelicals does not turn the cubicle into a pulpit. If they are intent on implementing God's will, they do it with professional discretion.

It took the conservative political movement 30 years to become a fixture in American politics, and it's taken evangelicals about the same. Like conservatives, evangelicals may remain chronically ambivalent, afflicted with a persecution complex despite their obvious successes. But they are embedded firmly enough into Washington to provide jobs for smart young Christians for generations to come.

The other is a David Brooks column appearing in the New York Times on May 25, "The Catholic Boom".  (I can't get it on line at the Star Tribune site and you have to be a TimesSelect subcriber to pull up on the NYT site.  UPDATE:  Faculty & students can sign up for TimesSelect for free at:  http://www.nytimes.com/gst/ts_university_email_verify.html)   The Brooks column explores an article by a Duke sociologist, Lisa Keister, "Upward Wealth Mobility:  Exploring the Roman Catholic Advantage."  Here's the abstract of Keister's article:

Wealth inequality is among the most extreme forms of stratification in the United States, and upward wealth mobility is not common. Yet mobility is possible, and this paper takes advantage of trends among a unique group to explore the processes that generate mobility. I show that non-Hispanic whites raised in Roman Catholic families have been upwardly mobile in the wealth distribution in recent decades, and I find that unique fertility, marriage and education patterns contributed to this change. I also show that Catholic values related to work and money contributed to relatively high saving and portfolio behavior that facilitated mobility. The results provide important insight into the process by which childhood experiences shape adult well-being, particularly adult wealth ownership.

I haven't read all of Keister's article but what Brooks seems to add to Keister's empirical analysis of the data is the judgment that the economic success of these upwardly-mobile young Catholics is related to their shift from being "thoroughly religious" to being "quasi-religious."  He defines the "quasi-religious" as people who "attend services, but they're bored much of the time.  They read the Bible, but find large parts of it odd and irrelevant.  They find themselves inextricably bound to their faith, but think some of the peole who define it are nuts."

Here's how he characterizes the "quasi-religious" young, upwardly mobile Catholics:

On the one hand, modern Catholics have retained many of the traditional patterns of their ancestors -- high marriage rates, high family stability rates, low divorce rates.  Catholic investors save a lot and favor low-risk investment portfolios.  On the other hand, they have also become more individualistic, more future-oriented and less bound by neighborhood and extended family.  They are now much better educated than their parents or grandparents, and much better educated than their family histories would lead you to predict.

That's all demographic-type description that I imagine is documented by the Keister study.  But Brook then adds his thesis on the "quasi-religious" nature of these Catholics:

...if you really wanted to supercharge the nation, you'd fill it with college students who constantly attend church, but who are skeptical of everything they hear there.  For there are at least two things we know about flourishing in a modern society.

First, college students who attend religious services regularly do better than those that don't. . . . Second, students who come from denominations that encourage dissent are more successful, on average, than students from denominations that don't.

This embodies the social gospel annex to the quasi-religous creed:  Always try to be the least believing member of one of the more observant sects.  Participate in organized religious, but be a friendly dissident inside.  Ensconce yourself in traditional moral practice, but champion piecemeal modernization.  Submit to the wisdom of the ages, but with one eye open.

So what are we to make of these two observations?  Conservative Evangelicals are suceeding by hiding their religious views?  Catholics are succeeding by retaining their faith, but substituting boredom and skepticism for religious fervor?  Interesting set of opinions to read side by side.....

Friday, May 18, 2007

Women in the French Cabinet

Hmmm..... Perhaps there are some other reasons, in addition to those surfaced by the debate between Tom and Greg, to pay attention to what France does over the next few years . . . .

Another high-profile appointment is Sarkozy's election campaign spokeswoman Rachida Dati at the justice ministry. Not only is she one of the pioneer women in the government, she also becomes the first politician of North African origin to hold a top French government post.
    . . .     With the appointment of seven women ministers, France has now joined Chile, Finland, Spain and Sweden as a country that has sought to end male domination of politics by embracing gender parity in government.

Spiderman 3

I agree wholeheartedly with Tom's review of Spiderman 3, which I also saw with my family this weekend.  (And I would add that the special effects are fantastic.  The feeling that you are swinging along with Spidey though the canyons between the skyscrapers in Manhattan is worth the price of admission!)

But I think that the scene in the Church referenced in the Christianity Today quote was theologically troubling in one respect.  If I am remembering this correctly, that pivotal scene begins with one of the villains going into the church to pray for God to kill Peter Parker (aka Spiderman).   Now, really, is that appropriate?  I'm totally at home with praying to St. Anthony to "come round" when "I've lost something that can't be found" (really works for me all the time);  and even with burying the statue of St. Joseph in my back yard when I'm trying to sell a house (works for me, too).  But praying to smite a particular enemy of mine?  Seems to be going a bit too far.   

Benedict the Communicator

John Allen's current column has a fascinating analysis of "the paradox of a pope who is a master communicator, but who nonetheless needs to work on his communications skills."  Allen writes that:

On the one hand, Benedict is an exceptionally lucid communicator.  He's a gifted logician, so his conclusions flow naturally from his premises.  Moreover, he's able to synthesize complex ideas in easy-to-understand formula, so you don't need a degree int heology to get his point.  Yet Benedict can also be remarkably tone-deaf to how his pronouncements may sound to people who don't share his intellectual and cultural premises. 

Allen suggests an explanation that seems to me to get at the heart of what makes what we are trying to do with "Catholic legal theory" so difficult:

Benedict is close to the communion school in Catholic theology, whose key figures accent the need for the church to speak its own language. It's an "insider's" discourse, premised on the conviction that Christianity is itself a culture, often at odds with the prevailing worldview of modernity. All this is part of Benedict's project of defending Catholic identity against pressures to assimilate in a relativistic, secularized world.

Benedict also has tremendous interior freedom, meaning he doesn't conduct focus groups before deciding what to say. Certainly no one wants Benedict shackled to a platitudinous form of political rhetoric, designed principally to avoid offense.

Yet a pope is, inevitably, Catholicism's chief ambassador to the outside world, including people not predisposed to give the church the benefit of the doubt. That implies a special responsibility to weigh one's words carefully, not just for their inner logic, but also for their potential cultural and political repercussions. It's not enough to insist that the world take the church on its own terms -- one has to meet it halfway.

Part of what I think many of us are trying to do is figure out the vocabulary and arguments of that "insider's" discourse, to determine for ourselves how it ought to be applied to legal issues -- to be, for our Church, where it "does its thinking" about the law.  But part of what we are also all trying to do is be Catholicism's "ambassadors to the outside world, including people not predisposed to give the church the benefit of the doubt."   How far do we go in meeting the world halfway in that effort, without compromising the "project of defending Catholic identity against pressures to assimilate in a relativistic, secularized world"?  It's tricky, isn't it?