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.

Friday, November 14, 2008

Another Comment on Choice

Thanks to Robert for his response.  Perhaps my own earlier response was not clear that I agree that what was done to Mr. Eckern was wrong.  My hypothetical was intended to try to clarify the scope of what constitutes wrong behavior in this context.  The behavior in my hypo might very well intimidate the small business owner from exercising his rights - indeed, that is the hope of the boycotter - but I (and I take it Robert, since he called the hypo inapposite) think that that is different from what happened here and constitutes an acceptable private response.  So there may be no disagreement between me and Robert.

Denise Hunnell draws the same distinction in an e-mail she sent me earlier today:

"You are absolutely right that it is proper to boycott a shop if the owner supports a cause one opposes. I didn't buy General Mills cereals for years because General Mills donated money to Planned Parenthood. If the sole owner of a small business or the corporate representative of a large company publicly support an offensive cause, by all means, vote with your feet.

"In the case of Mr. Eckern, I believe it is very different. He acted as an individual. He was in no way publicly supporting Prop 8 other than by his financial donation. His vote was by secret ballot and therefore not a public act. He did not use his professional position to support or campaign for Prop 8.

"I think it is very dangerous to allow such bullying. Does this mean that if I work for a coffee house where the clientele predominantly supports Democrats and I give a contribution to the RNC, I am at risk for losing my job? My action is private and in no way reflected by anything I do at work. However, this private act is subject to public scrutiny if anyone cares to scan the donation logs. It seems to me that a private political donation is similar to free speech. Allowing such coercion will have a chilling effect on democracy."

Tuesday, November 11, 2008

Moral Guidance?

Regarding Sean's comment, whether it was "vote Republican" or "don't vote for Obama," it is the "or be eternally damned" part of the sentence (which is pretty close to the exact language I heard in one radio quote) which for me moves the statement out of the realm of moral guidance.

Let me be clear.  I don't think there is anything wrong with a bishop saying some version of, "Here is how I weigh things out...here is how I believe the principles apply in comparing candidate x and candidate y....here is why I don't think candidate x's positions on other issues outweigh his position on an instrincis evil.." and any number of other variations.  In fact, I think such statements consitute entirely appropriate moral guidance and are an important part of helping people to form their consciences.

Where Sean and I appear to differ is whether it constitutes moral guidance (as opposed to moral oppression) for a Biship to tell voters they may not come to a particular judgement without risking eternal damnation.  I do not believe that is something that helps form consciences and therefore don't find it to be consistent with the spirit of the document. 

It is also the case that a number of Catholic leaders did more than say "Don't vote Obama."  My recolleciton now is that some of the statements sounded a lot more like Republican endorsements.

Monday, November 10, 2008

Even More Questions on Election Reflections

Amy, I'm a little confused about how you articulate some of your questions/statements in your most recent post.

First, regarding disqualifying a candidate because of a position on a single issue of intrinsic evil, you say that you "think many people read the “may” (not “must”) as leaving room for discretion and prudential judgment."  I guess I'm not sure how one could read the "may" in any other way.  The document states explicitly that although “[a] Catholic cannot vote for a candidate who takes a position in favor of an intrinsic evil, such as abortion or racism, if the vote’s intent is to support that position,” that “a voter should not use a candidates’ opposition to an intrinsic evil to justify indifference to inattentiveness to other important moral issues involving human life and dignity” and that “a Catholic who rejects a candidate’s unacceptable position may decide to vote for that candidate for other morally grave reasons.”  That seems to me pretty strong support for reading "may" disqualify in a way that does not require "must."

Second, if I'm reading you correctly, you appear to posit as one possible pole "the notion that lay people must simply follow how a particular bishop has worked out the prudential application of the teaching in a given social context."  If the Conference itself takes the position, as it does in Faithful Citizenship, that their role is to help people form their consciences and not "to tell Catholics for whom or against whom to vote", how can it possible be the case that people must vote the way an individual Bishop instructs them to?  That seems to me completely inconsistent with what the document calls for, which is why many people reacted negatively to the statements of some individual Bishops in this campaign.  In the view of many of us, "vote Republican or be eternally damned" is not an exercise in helping people form their consciences.

Wednesday, November 5, 2008

Race in the United States

One hundred years ago, an African-American man could not be invited to the White House without inciting near riots.

Fifty years ago an African-American could not sit at the same lunch counter or drink at the same water fountain as a white person.

Yesterday, the United States for the first time elected an African-American to serve as President of the United States.

In 1963, Martin Luther King, Jr. expressed the dream that "one day this nation will rise up and live out the true meaning of its creed: "We hold these truths to be self-evident: that all men are created equal"...that my four little children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character."

Whoever one supported in the election, this is an historic occasion. It neither erases our past history of slavery and its aftermath nor means that there is no longer any racism in this country. It does, however, signal hope for the attainment of Dr. King's vision for the future of our country.

Saturday, November 1, 2008

We Interrupt this Broadcast...

...to say, Blessings to all on this solemnity of All Saints Day.  For me this is a day to contemplate the saints in my life - canonized and not, living and dead.  And it is a day to give thanks for those who inspire me by their example of discipleship, for those who (to use Pope Benedict's description of the saints) "bring to light in creative fashion quite new human potentialities."

My extended reflection on the day is posted on my blog.

Thursday, October 30, 2008

It is Not Just About Educational Choice

The last several MOJ posts that have addressed the issue of education have focused on school choice, with both Greg and John's latest comments criticizing Obama's position on vouchers for Catholic schools. 

I applaud a focus on education, but want to underscore that when we are considering what we think about the candidates' positions regarding education, a lot more than choice is involved.  The New York Times reports this moring that the U.S., which once had the highest high school graduation rate in the world is not 13th, behind such luminaries as the Czech Republic and Slovenia.  It also cites a report form the nonpartisan Education Trust that the U.S. is the only industrialized country where young people today are less likely to graduate high school than their parents.  We have a failure here that has to be addressed and it is going to require a lot more than allowing some people to choose to go to Catholic schools.

I'm not here making a case for one candidate or the other.  I simply want to remind us not to be too narrow in our identification of the relevent questions for purposes of evaluating the candidates when it comes to education.

Wednesday, October 29, 2008

When I was hungry, when I was cold

We are all understandably focused on the election and politics, but let's also devote attention to the immediate needs of those around us.  This is the post I made on my blog this morning:

Here in the Twin Cities, the weather is already starting to turn colder.   With heating bills expected to be at an all time high this year, winter will bring increased challenges to those living on the economic edge.  Some won’t be able to pay their heating bills, others don’t have a home to heat.  The St.  Vincent de Paul Society is already reporting an increased need for blankets and warm clothing.

In addition, every day we read reports from food charities and food banks that donations are down, even as increasing numbers of people are seeking aid.   The number of Americans living in households at risk of hunger was increasing even before the current economic fiasco, and the situation for many is getting worse day by day.  The needy keep coming and the food pantry shelves simply do not have enough food to provide to all who need it.

I’m probably not saying anything here that anyone reading this doesn’t already know, but I write it anyway to urge us all to dig a little deeper to see how we might help in whatever way we are able.  If you haven’t already gone through the closet to see if there are extra jackets and blankets to donate, this would be a good time to do so.  If you are able to make an extra donation this week (and next week) to your food pantry, do it.   If your own situation is such that you can’t do either of those, then add the poor and the hungry and the homeless to your daily prayers.  And as you do whatever you can, hear Jesus reminding you that “whatever you do for these least brothers and sisters of mine, you do for me.”

We have different views here about what the role of the government should be in alleviating poverty.  But this isn't about politics and what the governmnent should do.  It is about recognizing that there is an enormous and immediate need...and about each of us thinking about what we can do to improve the lives of our brothers and sisters.

Friday, October 10, 2008

A Catholic Dialogue on Voting

Yesterday, the Murphy Institute for Catholic Thought, Law and Public Policy sponsored a forum at the University of St. Thomas School of Law entitled, Faithful Citizenship: A Catholic DIalogue on Voting.  The two speakers for the program, which I was privileged to moderate, were MOJ'ers Amy Uelmen and Michael Scaperlanda.

The dialogue was enriching for all of us who have been struggling with questions relating to how to exercise faithful citizenship in the context of the upcoming election.  In a media world that tends to eschew nuance, both Amy and Michael approached the issue with deliberation, fairness and nuance.  Amy devoted the first part of her talk to the "elephant in the room," the question of whether a Catholic voter could vote for a pro-choice president.  Once she got past the easy (or easier) portion of the answer - i.e., no if the voter's intent is to promote abortion and probably yes if all of the candidates are pro-choice - she offered a range of questions that one must ask in order to determine if one could vote for a pro-choice candidates if the race included at least one pro-life candidates.

The second part of Amy's talk was a broader discussion of what faithful citizenship entails, an important subject that is often lost because of the focus on the narrower questions.  Here she emphasized a couple of things.  First, the need for a commitment on the part of Catholics to speak up in an evenhanded way and to challenge both parties for being insufficiently mindful of the broad range of principle of Catholic Social Thought that should guide decisions about social policy.  Second, the need for Catholics to take active steps to buils a culture of life and to contribute to the common good.  this includes the need to open ourselves to how much we need each other and to listen to each other in love.

Michael Scaperlanda's talk addressed the general role politics plays in the life of a Catholic as well as the particular issues the Church asks us to take seriously as Catholics.  Regarding the first, he started by talking about the importance of being models of civility and of the need to help end the divisions of red state/blue state, etc.  The starting question for Michael is: do we believe Jesus Christ is our Savior, that the Gospel is the Word of God and that the Church is the true Church founded by Jesus.  If the answer is yes, than the Gospel is the organizing principle of our lives; if we believe Jesus is Lord, our primary commitment is to relationship, not ideology.  He also talked about the need to confront squarely the question whether we (as a country) should retain our fundamental Judeo-Christian culture, suggesting that if the answer to that is no, difficult questions arise as to what we replace it with and by what standard will we judge what is right and what is wrong.  Michael then moved to a discussion of the need for a consistent ethic of life, at the same time stressing that not all issues are equal.  He suggested that although single-issue voting is not appropriate, a candidate could disqualify himself from consideration on the basis of a single issue.

Following Amy and Michael's talk, there was some back and forth between the two of them and then some thoughful questions from the audience.  It was, all in all, a terrific program.

As with any gathering the brings together members of our "community" (which I broadly define to include the intersecting universes of the MOJ folk and the members of the Conference  of Catholic Legal Thought), for me a significant part of the joy of the day was time to visit with Amy and Michael over lunch, dinner and informal discussions that went on over the course of the day.  We look forward to welcoming them and others back to UST at opportunities arise.

Tuesday, September 30, 2008

The Social Meaning of the Eucharist

One MOJ reader sent the following in response to my post on the relationship between the Eucharist and Social Justice:

"I enjoyed your MOJ and Creo en Dios! posts concerning Eucharist and social justice.  I also have very much enjoyed the work of your colleague at St. Thomas, Professor Cavanaugh, on that crucial topic.  While you're undoubtedly familiar with his work, two pieces available on the web seem particularly pertinent to Archbishop Flynn's observations: "The Social Meaning of the Eucharist," (presented at the 33rd Annual Lturgy Conference at Notre Dame in 2005) [available here] and "The World in a Wafer: A Geography of the Eucharist as Resistance to Globalization," Modern Theology 15, no. 2 (April 1999): 181-96 [available here]. 
"Michael Baxter of Notre Dame authored an important piece on my hero, Dom Virgil Michel, which also highlights the connection between Eucharist and justice, but which is unfortunately not available on the internet: "Reintroducing Virgil Michel: Towards a Counter-Tradition of Catholic Social Ethics in the United States." Communio 24 (Fall 1997): 499-528.
"Perhaps the apparent collapse of the American economy will produce a different sort of ressourcement."

Eucharist and Social Justice

Archbishop Harry Flynn, retired archbishop of the St. Paul and Minneapolis diocese, is giving a mission in my parish.  Although I missed the taco dinner beforehand, I was able to make it for the evening program last night.  The focus of the Archbishop's remarks was on the Eucharist and its relation to social justice.

He emphasized that Catholics do not have the option of viewing social ministry as something reserved for a few, as a parish sideline.  Rather, it must be integrated into all of our lives and a central part of our lives as a parish community.  He emphasized that this is not some new teaching of modern theologians, but is rooted in Scripture, particularly in the human life of Jesus.  He reminded us that in Luke, the beginning of Jesus ministry is his action in the temple at Nazareth.  Jesus stands up and quotes Isaiah: "The Spirit of the Lord is upon me, becuse he has anointed me to being glad tidings to the poor.  He has sent me to proclaim liberty to captives and recovery of sight to the blind, to let the oppressed go free, and to proclaim a year acceptable to the Lord."  He then tells the people that the scripture passage is today fulfilled in their hearing.

Flynn emphasized that social ministry means both charity and justice.  Direct service to those in need is important, but we must also work to create a more just society.  As Christians we can't just sit back, and we can't just write a check.  We must be an active part of transforming the world into Kingdom by working to change the structures that allow the diminution of the human dignity of our brothers and sisters.

It was a powerful talk and a needed one, since I think too many people either don't understand the centrality of social justice to our lives as Christians or forget that social justice has two legs - justice as well as charity.

In a post on my own blog this morning, I focus on Flynn's remarks about the Eucharist transforming us into Christ.  You can find that post here.