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, February 7, 2007

Campaign to Reduce Poverty in America by Half

A few weeks ago Catholic Charities announced a campaign to reduce poverty in America in half by the year 2020.  My apologies if this has already been discussed here, but I honestly haven't seen much about this anywhere in the media.  The announcement starts:

Catholic Charities USA today announced a new multi-year initiative to cut poverty in half by 2020, urging Congress and the Administration to give a much higher priority to the needs of the poor in budget and policy decisions on issues such as health care, housing, nutrition, and economic security.

“Poverty is a moral and social wound on the soul of our country and threatens the health and economic well-being of both families and our nation,” Rev. Larry Snyder, president of Catholic Charities USA, said at a briefing this morning on Capitol Hill. “We must marshal the strength and the collective will of our nation to take on this tragedy that affects 37 million people who are living in poverty in one of the wealthiest nations in the world.”

“The Campaign to Reduce Poverty in America is about who we are as a nation,” Father Snyder said. “We must no longer ignore the injustice of poverty and the extreme inequality in America and instead must seize this opportunity to advocate for changes that promote human dignity and the common good.”

Has anyone taken a look at their program?  Their website contains links to their report, a study guide to the report, poverty statistics, etc.  It might be a good resource for teaching.

Friday, January 26, 2007

Smokers, Singer and Ashley X.

MJ Johnson at The Ragged Edge speculates about the timing of the recent news reports about the identification of the spot on the brain that controls addiction to smoking and Peter Singer's NYT op ed piece about Ashley X, the young girl whose parents authorized surgery to keep her body from maturing.

Johnson notes that the reports about the brain discovery all contain statements assuring people that no one is suggesting that inflicting brain damage on a smoker is a legitimate treatment option, but wonders:

Why is modifying the brain of "normal" people who have a smoking addiction so quickly called "brain damage" or "brain injury" as though it could in no circumstance be countenanced, and yet when the person is already disabled, like Ashley . . .

Johnson also points out this "vintage Singer" part of his op-ed piece:

What matters in Ashley’s life is that she should not suffer, and that she should be able to enjoy whatever she is capable of enjoying. Beyond that, she is precious not so much for what she is, but because her parents and siblings love her and care about her. Lofty talk about human dignity should not stand in the way of children like her getting the treatment that is best both for them and their families.

So Ashley is precious (and presumably thus worth something) only because she has parents and a sibling who love her.   Where does that leave the truly obnoxious people of this world?  Not to mention those who are alone and unloved through no fault of their own, but because of unfortunate circumstances? 

Wednesday, January 24, 2007

Very, very wealthy young associates in trouble

In case you missed it, Simpson Thatcher just announced it is raising first year associate base salaries to $160,000.  Sigh . . .

Monday, January 22, 2007

More on Prenatal Testing Guidelines

Another parent of a son with Down Syndrome, George Will, gives his perspective on the new recommendations of American College of Obstetricians and Gynecologists that all pregnant women undergo prenatal testing for Down Syndrome.  He starts:

What did Jon Will and the more than 350,000 American citizens like him do to tick off the American College of Obstetricians and Gynecologists? It seems to want to help eliminate from America almost all of a category of citizens, a category that includes Jon.

He ends:

Jon has a disability, but he also has some things most men would like to have—season tickets for Nationals and Orioles baseball, Redskins football, Capitals hockey and Georgetown University basketball. He gets to and from games (and to his work three days a week for the Nationals at RFK Stadium) by himself, taking public transportation to and from his apartment.

Jon experiences life's three elemental enjoyments—loving, being loved and ESPN. For Jon, as for most normal American males, the rest of life is details.

And there's a lot of good stuff in between, too.

Friday, January 19, 2007

Mennonite Perspective on Immigration Reform

My colleague, Virgil Wiebe, the Director of Clinical Education here at UST Law, has published a great article in the Mennonite publication Christian Leader about how "the Gospel's call to dual citizenship and the practice of hospitality" should inform the debate about immigration reform.  He begins with the powerful reminder that "Our ultimate citizenship lies in the kingdom of God; we are all aliens and strangers in this land."

Lisa

The Brilliant Rick Garnett

And when I finally made it to the end of the February edition of First Things, there, in the Neuhaus Public Square column, I came across a description of the "brilliant article by Richard W. Garnett, professor of law at Notre Dame, in The Georgetown Law Review (August 2006)."  (Religion, Division and the First Amendment)  Of course, we all knew that already, but it's nice to hear again, isn't it?

Lisa

Max Lewis, "My Lovely Son"

Rick recently posted excerpts from a Washington op-ed by Patricia Bauer on the new prenatal testing recommendations.  Bauer asks why so many people would want to hunt out & abort babies with Down Syndrome:

Among the reasons, I believe, is a fundamental societal misperception that the lives of people with intellectual disabilities have no value -- that less able somehow equates to less worthy. Like the woman in the park, we're assigning one trait more importance than all the others and making critical decisions based on that judgment. . . . .Much of what people think they know about intellectual disabilities is inaccurate and remains rooted in stigma and opinions that were formed when institutionalization was routine.

Here's an absolutely lovely story by the mother of Max Lewis, the young actor with Down Syndrome who appears in the Golden Globe nominated movie "Notes on a Scandal" with Cate Blanchett and Judi Dench.  It's chock-full of obvious and not-so-obvious illustrations of the value of the life of one person with intellectual disabilities.

Lisa

Wednesday, January 17, 2007

Evangelicals and Mary

The Febuary issue of First Things includes a great article by Timothy George, "Evangelicals and the Mother of God."  It's not on the website yet, but it's worth keeping an eye out for it.   It explores "five explicit aspects of [Mary's] calling and ministry" that George thinks are need to be considered in an "evangelical retrieval of a proper biblical theology of Mary":  "Mary as the daughter of Israel, as the virgin mother of Jesus, as Theotokos, as the handmaiden of the Word, and as the mother of the Church.  The article ends with:

Can there be a proper place for Mary in the prayer and devotional life of evangelicals?  The early Protestant Reformers of the sixteenth century thought so.  Evangelicals do not pray to Mary, but we can learn to pray like Mary and with Mary -- with Mary and all the saints.  Evangelicals can join in with all Christians in a prayer like this:  "And now we give you thanks, Heavenly Father, because in choosing the Blessed Virgin Mary to be the mother of your Son, you exalted the little ones and the lowly.  Your angel greeted her as highly favored; and with all generations we call her blessed and with her we rejoice and we magnify your holy name."

Lisa

Friday, January 12, 2007

The Ashley Debate

The disability rights community has been raging about the removal of 9-year-old Ashley's uterus and breasts for days.  As you can probably imagine, the people who most keenly identify with the young girl who was the subject of these procedures, people living with disabilities, tend to be highly critical, to put it mildly.  And much of their outrage is against the way the debate about it tends to utterly ignore their views -- yet again.   This comment from "Edge-centric" on the CNN's coverage is representative:

No vote

In the continuing media attention given to Ashley's Treatment, CNN today posts what I suppose they consider a representative sample of emails they've received on the story. Reading Controversial care: Your e-mails - CNN.com makes you wonder if there has ever been such a thing as a disability rights movement.

As if to underscore the marginality of disabled people as to having any kind of stake in things that are done to them, the CNN Quick Poll appearing in the left-hand column of this web page asks, "Who should have the final say on allowing disabled people to have controversial surgeries?" Voters can select one of two choices: "Caregivers" [sic] -- or "Ethicists."

This speaks volumes.

Here are some other reactions.

On my listservs of caregivers, mostly parents of kids with disabilties, the reactions to the procedure itself seem to be equally negative.  But you also see a lot of sympathy for her parents and outrage at the lack for social support for caregivers of people with disabilities that would cause her parents to consider this a compassionate and rational way to deal with the logistics of the lifetime of care that their daughter is going to need.    

As for me, I find myself wondering if we've really come that far from the days of Buck v. Bell

Lisa

Wednesday, January 10, 2007

More on Law and Christian Feminism

I agree with both Rick and Susan that Saturday's Lumen Christi/Christian Law Professor' Fellowship annual conference was a wonderful and energizing experience.  Of course I thought the contributions by MOJ'ers Susan and Patrick Brennan were highlights, and I'm certain Michael Scaperlanda's contribution would have been a similar highlight had the schedule not been rearranged to delete it!  But I was struck most vividly at this conference by a sort of epistemological insight that is probably self-evident to those of you who have been engaged in inter-religious dialogue for a long time.   It seemed to me that all three of the panels highlighted very distinctly fundamental differences between the Catholic and Protestant perspectives on some basic theological or anthropological notions -- such as how original sin affects our ability to perceive the truth.   The different faith traditions seem to offer entirely different angles of approach to the issues -- different starting points and different prisms through which the concepts were examined.  And yet, despite these differences, we all seemed to be tending toward the same sorts of final  conclusions about the topics we were addressing.  I've never seen that demonstrated so vividly before, and I found it quite exhilerating.

As Susan explained, my contribution to the Christian Feminism panel was an exploration of the philosophical foundations of the concept of complementarity.  Borrowing heavily on the work of Sister Prudence Allen, I described the evolution of philosophical thought about gender relations as weaving back and forth between the unisex view (no difference, total equality) to the polarity view (significant differences, either men or women superior to the other).  Complementarity represents a third view, a view largely developed through the work of Catholic philosophers, which posits both significant differences between men and women AND fundamental equality.  The philosophical foundations for complementarity were set down by (1) Catholic phenomenologists, the von Hildebrands and St. Edith Stein and (2) Catholic personalists, the Mauritains, Mounier & Marcel.  Of course, both schools of thought heavily influenced the most significant philosopher of complementarity, Pope John Paul II.  While JP2's complementarity is, of course, deeply enriched by his theology of the body, I argued that there's a need to elucidate the philosophical, as well as the theological, arguments for complementarity, if we want to make the concept more accessible to non-Catholic Christians and secular feminists.

I also tried to develop more concretely what JP2 thought the complementarity means for the development of the "new feminism" that he challenged women to pursue, and why he thought that "new feminism" was particularly necessary for the transformation of culture to support life.  I argued that many of the goals of "new feminism" and many of the issues JP2 suggested were the particular province of the "genius of women" were the same sorts of issues that are the logical subjects of much of Christian legal theory.   I suggested that the list of topics identified in paragraphs 32 and 33 of Ex Corde Ecclesia  as of particular concern to Catholic Universities might identify the core issues for both Christian legal theory and the new feminism.

I also threw in a couple of observations about the topic of mutual obsession by Susan and me these days -- the need to rehabilitate the image of Mary as an empowered icon of feminism and the need to explore the ways in which Mariology could enrich Christian legal theory.

The dialogue between Susan and our fellow panelist Marie Failinger, who presented a stirring Lutheran critique of secular feminist legal theory, was really exciting.  It provided just a glimpse of what I expect we're going to see at the upcoming University of St. Thomas Law Journal symposium on "Restructuring the Workplace to Accommodate Family Life" in Minneapolis on March 16.  That conference is going to continue the dialogue between feminists approaching these issues from the faith perspective -- like Susan, Marie, and Sr. Prudence Allen -- and feminists approaching them from the secular perspective -- like Joan Williams of UC Hastings, Kathy Baker of Chicago Kent, and Michael Selmi of George Washington.  And we're going to be addressing more general workplace barriers to family life, like immigration laws (Michael Scaperlanda) and effects of poverty on the working poor (Gregory Acs of the Urban League) and family wage (Allan Carlson of the Howard Center for Family, Religion and Society).  It's going to be great.  Save the date.  I'll post further details as soon as we have them on our website.

Lisa