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, August 8, 2006

Interesting Legal Document Site

Not that reading about estate taxes doesn't cure my summer doldrums every time, but if anyone else needs something different, take a look at Yale Law School's Avalon Project, which "posts hundreds of documents from the history of law and government, some of them annotated by Law School Faculty."  The documents are organized by centuries and by categories, and they're searchable.  They include potential MOJ-related documents such as a translation of the transcript of the trial of Joan of Arc, documents from the Nuremberg Trials, and the Decree of 1059 Concerning Papal Elections.

Lisa

Monday, August 7, 2006

More from Lemmons on Bridegroom Analogy

Following up on her discussion of male priesthood, UST philosopher Mary Lemmons sent me some speculation (if not anwers) about the questions raised by Eduardo this past March about applying the bridegroom/bride analogy in the context of the requirement that priests be heterosexual.

It's important to realize that the bridegroom/bride analogy as it pertains to Christ and the Church also pertains to Christ and the people of God.  As such, the analogy teaches that every human being is to relate to Christ as to the bridegroom. Moreover, since Christ as the bridegroom signifies sacrificial love on the Cross and the Church as bride signifies responsive love, it is the feminine paradigm that images how every human being is to correctly relate to Christ, i.e., feminine responsiveness is the properly human response to God. Our responsiveness to Christ transforms us, especially through the Eucharist, into His image. Thus, women as well as men are called to image Christ.
Given this, it remains puzzling that the Catholic Church, in all her rites, has decided to restrict priestly ordination to heterosexual men. By so doing, the Church invites us to mediatate on heterosexuality: why is heterosexuality so important? Why did God create the human race as divided into males and females?
John Paul II in his Catechism on Genesis teaches that human beings image God best in moments of heterosexual, spousal union; because then we best image the Trinity. Could it thus be that part of the reason why the Church restricts priestly ordination to heterosexual men is to call attention to heterosexuality and the radical incompleteness of masculinity without femininity as well as the incompleteness of femininity without masculinity? Such radical incompleteness identifies the indispensability of both sexes as well as the need for each sex to relate to the other through equally reciprocated acts of self-giving love.  Could it be that by restricting priestly ordination to heterosexual men, while also identifying ordained priests to be images of Christ,  the Church is seeking to teach men that their masculinity achieves its highest fulfillment in a self-sacrificial love unafraid to embrace the Cross for the good of others?  Could it be that men especially need this message?
Lisa

Sunday, August 6, 2006

Susan B. Anthony House

Feminists for Life received a lot of press attention at the time of Chief Justice Roberts' nomination, due to the fact that his wife, Jane Roberts, had been a board member and provided them with pro bono legal advice.  I just received a delightful announcement from FFL:

Pro-Life Feminist Purchases Birthplace of Susan B. Anthony

The birthplace of suffragist organizer Susan B. Anthony was sold at auction today, August 5, 2006, after unsuccessful efforts to find a buyer for the historic home in Adams, Massachusetts.

Carol Crossed, a member of the Board of Directors of Feminists for Life of New York, a Chapter of Feminists for Life of America, purchased the historic house.

While Feminists for Life of America will not own the house, the pro-life feminist organization will manage and care for the birthplace. FFL’s national office will remain in the Washington, D.C., area. A panel of experts will be assembled to determine the best use for the dwelling. Others who care about Susan B. Anthony will be provided a means to contribute ideas.

Feminists for Life continues the tradition of Susan B. Anthony and other early American suffragists who fought for women and children—born and unborn.

“Susan B. Anthony challenged us to address the root causes that drive women to abortion—the same problems that face women who parent today,” said FFL President Serrin M. Foster. FFL is dedicated to systematically eliminating the reasons that drive women to abortion—lack of practical resources and support—by challenging the status quo. “Women deserve better than abortion,” she added.

Feminists for Life uniquely works with people on both sides of a contentious debate to redirect energy toward woman-centered solutions. FFL focuses primarily on college campuses to address the unmet needs of pregnant and parenting students, including housing, child care, maternity coverage and telecommuting options. FFL’s College Outreach Program inspired federal legislation currently being considered, the Elizabeth Cady Stanton Pregnancy and Parenting Act. Stanton, together with Anthony, led the first women’s movement.

FFL has also worked alongside other women’s organizations for the passage of the Violence Against Women Act, for enhanced child support enforcement and against the child exclusion provisions in welfare reform. FFL also championed Laci and Connor’s Law, as well as health care coverage for poor and pregnant women through the State Child Health Insurance Program.

Lisa

More from Lemmons on Male Priesthood

My friend and colleague from UST's Philosophy Department, Mary Lemmons, offers this additional explanation of her argument against female priests, in response to Susan's question:

The gist of the argument is that due to Original Sin, men are plagued with a reluctance to respect the equality of women; and, women are plagued with a tendency to expect their men to satisfy all their needs. As a result, men tend to oppress women and women tend to take it--just as described in Genesis. Christ opposes these tendencies by teaching men that love requires self-sacrificial love even to the point of death and by teaching women that only Christ is able to satisfy the deepest longings of their heart. If Christ had been a woman, her death on the Cross would have sent men the message that self-sacrificial love is a "woman's thing." It would not have altered the tendency to regard women as a resource to be managed and controlled. (Watch John Wayne's McClintock for an illustration of this prejudice.)   And if Christ had been a women, women would never have known that men could love them without subordinating them and that God is the one who meets their desires for all-consuming love. For these reasons, the Gender Mission of Christ requires Christ to be a man.  I then extrapolate this argument to give support to the Roman Catholic Church's decision not to ordain women priests in its Latin rite.
But since I've been warned by Lisa not to be lengthy, I can only invite those who cannot access the Godspy article or the Logos article to contemplate the mystery of an institution that sees the refusal to ordain women as a way to support sexual equality. If this seems oxymoronic, then it is because we are making various assumptions that make it so, e.g., the assumption that unless an institution refuses to distinguish between male and female gender roles, it is committed to sexual inequality. If we prescind from these assumptions, the possibility that the refusal to ordain women is prophetic becomes pressing. It may well be the case that in a few decades, the only institution that distinguishes between the work of men and women will be the Roman Catholic Church.
Lisa

Thursday, August 3, 2006

Defending an All-Male Priesthood

Philosopher R. Mary Hayden Lemmons wrote a very interesting a defense of the all-male priesthood in Logos: A Journal of Catholic Thought and Culture, entitled "Equality, Gender, and John Paul II," Logos 5:3 (Summer 2002): 111-130. I don't believe it's available on-line except through "Project Muse", to which your libraries might have a subscription. 

Professor Lemmons summarized her arguments a few years ago on the Godspy blog.  She begins:

The refusal of the Catholic Church to ordain women as priests has left many feeling that the Church considers women to be inferior to men. They have difficulty reconciling the Church's proclamations of sexual equality with the 1994 papal argument of Ordinatio Sacerdotalis. In that document, John Paul II reaffirmed the 1977 teaching of Inter Insigniores and proclaims that the Church lacks the authority to ordain women, since Christ did not appoint women as apostles and since the historical tradition has restricted priestly ordination to men.

These papal arguments have not been very persuasive due to the common conviction that equality requires gender neutrality—even within the ministries of Christ. If this were so, masculinity would be irrelevant for the mission of Christ. But this is not true. The masculinity of Christ is crucial to his mission of remedying the effects of original sin.

According to Genesis, original sin deprived the human race of its original unity with God and deeply affected the original unity of man and woman. As a result, Christ had an humanitarian mission to restore unity with God and a gender mission to restore heterosexual unity. The humanitarian mission required that Christ be fully human and fully God. Accordingly, since women are as human as men, God could have incarnated as a woman. A female Christ could have restored the human race to its original unity with God. It is not Christ's humanitarian mission that required Christ to be male.

Lisa

Monday, July 31, 2006

Response to Confessions of a Genetic Outlaw

Business Week has just published a response to my recent essay, Confessions of a Genetic Outlaw(which Rob graciously brought to your attention a few weeks ago).  In this response, "New Hope for Families with Genetic Risk", Rosie Barnes, the chief executive of the Cystic Fibrosis Trust, explains:

. . .  for those who do not want to bring another child with CF into the world and for whom a termination is unacceptable, pre-implantation diagnosis offers a positive way forward. Until recently it was only technically possible for those who carried the most common CF mutation (more than 1,200 mutations have been identified to date) and some couples could not take advantage of it.

This new technique has changed all that. By identifying a CF-affected gene without having to identify the specific mutation, all couples who know they are at risk of having a child with CF can consider pre-implantation diagnosis.

Again, there have been hostile voices, accusations of "playing God" or creating "designer babies." However, we are not trying to create exceptionally beautiful children, very talented children, or any sort of "super" baby. We are simply trying to ensure that this child makes healthy mucus like most of the rest of us and doesn't have to face a life of constant treatment, clogged airways, and a shortened life expectancy.

Alleviating human misery lies behind a lot of medical research. We try to cure the common cold. We develop vaccines. We attempt to second guess and outwit cancer. Are we redesigning human beings or playing God in those cases? As a practical measure to give families who usually already have one child with CF the option of sparing another child the same condition, this development is to be warmly welcomed.

The trouble I have with this argument is that this pre-implantation selection is not, in fact, ensuring that "this child" makes healthy mucus, and it doesn't spare "another child the same condition."  The child that's being selected out isn't being spared the condition, it's being "spared" experiencing the difficult life it would have with the condition; it's being spared the experience of life, period.  It may ensure that the embryo the parents do decide to bring to term will not have that condition, but it doesn't help the embryo that was diagnosed.

I do have enormous sympathy for parents wanting to make use of these new technologies to spare themselves and their children suffering.  As I explain in my essay, I know that most of these parents are not trying to create perfect super babies.  But I'm afraid there are two especially pernicious consequences to doing more and more of this refined weeding out of the "imperfections" that we're getting so good at identifying earlier and earlier.  First, we're sending a strong message to people currently living with those same conditions that we do not truly believe they are worth the expense and the trouble it takes to integrate them into our lives.  Second, we are making it more and more difficult for those of us who are convinced that God's image is revealed equally in the "imperfections" and in the suffering of those dealing with imperfections to justify NOT doing the same kind of weeding. 

Lisa

Friday, July 28, 2006

Estate Planning . . . with a twist?

I realize Rob is this group's music and dance critic, but here is a rather touching story from the Boston Globe about the last four Shakers left in the world and the estate planning they're doing.

Lisa

Thursday, July 27, 2006

Chicago's Minimum Wage Ordinance

Today's NYT reports

After months of fevered lobbying and bitter debate, the Chicago City Council passed a groundbreaking ordinance yesterday requiring “big box” stores, like Wal-Mart and Home Depot, to pay a minimum wage of $10 an hour by 2010, along with at least $3 an hour worth of benefits.

Regardless of where you stand on the US Conference of Catholic Bishops' support for an increase in the minimum wage, won't this be a fascinating experiment to watch?    If this withstands the threat of Mayor Daley's veto and legal challenges by retailers, it might be a municipal "laboratory for reform" that could test the competing arguments.  Again from the NYT article:

With this ordinance, Chicago has opened a contentious front in the growing national movement, led by labor and poverty groups, to raise the incomes of bottom-rung workers through local minimum wage and “living wage” legislation. Some economists say such measures will stifle development and deprive consumers of access to cheap goods, but many poverty experts say that local efforts elsewhere to raise wages have not choked off growth and that the expanding, low-paying retail sector can be safely pressed to raise pay.

“We’re very confident that retailers want and need to be in Chicago, and the question for the city is what kinds of jobs they will bring,” said Annette Bernhardt of the Brennan Center for Justice at the New York University Law School, which helped draft the Chicago bill and has done economic studies of its likely impact.

I also think the federalism/subsidarity angle to this debate is interesting. Again from the NYT article:

The drive to raise state and city minimum wages has grown out of frustration with Congress, which has left the federal minimum wage at $5.15 an hour since 1997. At least 22 states have enacted somewhat higher minimum wage laws.

San Francisco; Albuquerque; Santa Fe, N.M.; and Washington have across-the-board minimum wage ordinances for all but the smallest businesses. Those in San Francisco and Santa Fe have set levels near that in the Chicago bill without driving out retailers, Ms. Bernhardt said.

In the area of the law more familiar to me, predatory lending, the municipal and state attempts to impose tighter restrictions on certain predatory lending practices than exist at the federal level are almost invariably preempted by federal banking law.  I'm currently trying to work through whether principles of subsidiarity might be helpful in thinking about this issues.  It might be interesting to watch what happens to these municiple minimum wage ordinances through that lens as well.

Lisa

Still More on Estate Taxes

Tom's question about CST's concern for the potential social effects of large inherited wealth, particularly "effects such as increased inequality in life opportunities and starting points (which differs from inequality in outcomes) and the potential for increased stratification and a less fluid society" seems to me to be key to answering Rob's initial question about the estate tax:

can we agree that the existence of the estate tax -- putting aside questions of rate, when it kicks in, etc. -- is supported by CST, and perhaps more strongly, that its elimination would be condemned by CST? 

When Fr. Ken Himes gave his wonderful introduction to CST to those of us gathered at Fordham this past June, he told us that among the foundational principles underlying CST is an understanding of equality not as strict equality, but rather as relative equality.  He cited people like Pope Paul VI and John Ryan as developing this notion that there are ceilings to what's acceptable in terms of accumulation of wealth, just as there are floors to what's acceptable in terms of poverty levels.  When the inequality between those at the top and those on the bottom becomes too severe, it endangers the bonds of community that hold us together.  As I understood this idea, those with too much wealth are in just as much danger of losing the bonds of community, of dropping out of the "human family," as those with too little wealth. 

If I am understanding this idea of "relative equality" correctly, and if Himes is right in suggesting that this is foundational for CST, doesn't that provide general support for at least the existence of an  estate tax, even if the details of it have to be filtered through all the competing claims of prudential considerations like what the effect will be on family farms, whether we should just let Bill Gates & Warren Buffet funnel things back to the community however they want to do it, and whether Paris Hilton has entirely dropped out of the human family?

Lisa

Wednesday, July 26, 2006

Working on Vacation

An office-supply company just came out with a survey showing that about 43 % of office workers work on vacation, up from 23% in 1995.  41% of the workers surveyed said it was their laptop computers that helped them do this.  On top of all that working on vacation, the survey found that only 61% even use all the vacation time they have coming to them.

This might be too incendiary (or hypocritical) a suggestion to make on a blog, but I can't help but think that this has to be one of the major contributors to the breakdown of the family.  I speak as someone who is finding herself having more and more difficulty resisting the siren call of the Internet, both on vacations and even during evenings at home.   Sure, now I can be in the same room with my kids while I'm checking my e-mails, with The Wiggles singing and dancing in the background, but I'm not singing and dancing with my kids.  (Of course, that might just be the effect of age, or of just being sick to death of the jingles of those four goofy Australians and their irritating furry friends, rather than the fact that I'm working on my laptop.)

I recently met a school psychologist, and asked her what the major problem was that she was seeing in elementary school kids these days.   She said it was anger.   Could our kids be getting mad because we are all spending less and less time giving them our total, undivided attention, even when we're not at work?

Lisa