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, September 2, 2005

Katrina and Justice and Equality

I share the difficulty with the images Amy describes.  We all have seen over the years images depicting the horrors faced by refugees in third world countries.  But the images of people in our own country, rich as it is in so many ways, without any food or water for days, using the floor as toilets, sitting among rotting cadavers, or women with infants (in one report I read) being given two diapers and told to scrape them off and reuse them, are hard to accept.

I agree with Amy that this raises questions about how our vision of justice and equality "can inform a push toward social structures which reflect a commitment in which no one – in this country or in any country – is left without what they need to lead a dignified human life."  It also not only raises questions about how we treat the poor among us, but forces us to confront some difficult issues about race in this country.  Ann Althouse asks over on her blog, "Were the provisions for flood prevention and for evacuation and shelter so inadequate because mostly black people were affected? Would the rescues have come more quickly if the victims were white? Would viewers and reporters express more outrage at the pace of relief if we were seeing white victims?"  Good questions.

Wednesday, August 31, 2005

Increase in Poverty Rate

The Census Bureau released figures yesterday showing that the number of Americans living in poverty last year increased by 1.1 million to 37 million.  Of the 37 million, almost one third are children.  (The figures also show that the number of Americans without health insurance increased to 45.8 million.)

In Sollicitudo rei socialis, Pope John Paul II called the option for the poor "a special form of primacy in the exercise of Christian charity, to which the whole tradition of the Church bears witness....[T]his love of preference for the poor, and the decisions which it inspires in us, cannot but embrace the immense multitudes of the hungry, the needy, the homeless, those without medical care and, above all, those without hope of a better future.  It is impossible not to take into account the existence of these realities.  To ignore them would mean becoming like the 'rich man' who pretended not to know the beggar Lazarus lying at his gates."  He goes one to say that both our daily life and "our decisions in the political and economic fields must be marked by these realities." (par. 42)

Seems like we have a little work to do here.

Tuesday, August 30, 2005

Do Catholic Still Care About Labor?

With Labor Day one week away, the current issue of America includes an article entitled, "Do Catholics Still Care About Labor?  The article concludes they do, giving examples of some grass roots efforts to support workers.  I'm not sure that is enough to give a full answer to the question and it is a question worth asking. 

Catholic Social Teaching on labor is quite clear and strong, yet the teaching gets remarkably little emphasis.  In 1891 Pope Leo XII wrote in Rerum Novarum that "some opportune remedy... [must] be found quickly for the misery and wretchedness pressing so justly on the majority of the working class."  In 2005, companies in the U.S. still engage in violation of child labor laws and actively oppose unionization efforts, most new jobs being created are paying poverty level wages, and day laborers and undocumented workers are abused in a myriad of ways (just to provide a few examples in the U.S. - not even reaching the issue of workers in foreign countries).  Shouldn't we be hearing a louder Catholic outcry and demand that "some opportune remedy...be found quickly"?

Monday, August 29, 2005

Neutrality and Free Exercise

My new colleague, Nelson Tebbe, has recently published a piece in the Hastings Law Journal that will be of interest to MOJ readers.  The article, "Free Exercise and the Problem of Symmetry" (56 Hastings L.J. 699 (2005), parts company with the critics of the Supreme Court's decision in Employment Division v. Smith whose claim is that that Court should have adopted a principle of substantive neutrality rather than one of formal neutrality.  Because of tensions with what he terms the problem of symmetry, Tebbe argues that "neutrality of any stripe will insufficiently protect free exercise."  He thus proposes the addition of a liberty principle for evaluating free exericse claims, finding a liberty principle both easier to defend and one that "better captures the affirmative value of free exercise" and avoids the symmetry problem.  The article elaborates on his "substantive liberty" principle and defends it against anticipated objections, including the claim that the principle violates the Establishment Clause.

Vincentian Chair of Social Justice Conference

On October 22, the St. John's University Vincentian Center for Church and Society will hold its biennial Vincentian Chair of Social Justice conference.  The biennial conferences convene academics, practitioners, church leaders and policy makers to explore perspectives on poverty in an effort to move toward systemic solutions.  In this 40th anniversary year of Gaudium et spes, the theological virtue of hope is celebrated. 

For additional information concerning speakers, sessions and registration information, see the conference web page here.

Sunday, August 28, 2005

Another comment on the Compendium

Kevin Lee asked me to post his reaction to Alison Sulentic's reaction to my question about the use of the Compenium as a teaching tool.  (Sorry for the delay in posting - I just returned from picking up my daughter from summer camp.)  Kevin does not share Alison's sense that the Compendium overemphasizes the writings of Pope John Paul II, given the length of his tenure during a time of "radical development" in the Church's social teaching.  He observes:

"It may be that students will have difficulty grasping the accomplishments of this soon-to-be-canonized pope, but I think rather than presenting his thought against other less authoritative voices, it might be more productive to attempt to locate his thought in the fullness of the Catholic intellectual heritage by clearly articulating his reading of that tradition with as much hermeneutical good will as can be brought to the task. This is a very demanding task, indeed, because he was a complex thinker and the text tradition of his work is in a nascent stage. But, I would encourage all of us to read deeply of John Paul II’s thought in order to make a cogent critique of it, rather than to risk allowing the students to dismiss it without fully appreciating what it has to offer.

"I understand all too well the problems involved in trying to come to terms with the complexity of John Paul’s thought. I’ve been working for several years on my doctorial dissertation, which attempts to unfold the meaning of his conception of the human person for the Rule of Law. What I have found is that to understand his thought it is vital to get into the primary sources from his early life as a scholar of philosophical ethics. Here you can find a number of helpful works. In addition to the standard ones, Acting Person, Love and Responsibility, etc., what I have found most important for understanding his assessment of moral philosophy in the Catholic intellectual heritage is his collection of essays known as the “Lublin Lectures.” It is here that he takes up Aquinas, Kant, Scheler and several others in a robust discussion of the nature of the moral good and justice in the context of a magnificent discussion of the phenomenology of moral action. This is heady stuff, but well worth reading. That’s the rub. For all its value, there is no reliable and authoritative English translation of the Lublin Lectures on the market today. If you read German, they are available in Lubliner Vorlesungen, ed. Juliusz Stroynowki (Stuttgart-Degerloch: Seewald Verlag, 1981).  This translation seems very good, but my German is very bad. Kenneth Schmitz relied on this translation in his very useful book, At the Center of the Human Drama (CUA Press).  This text, along with Rocco Buttiglione’s Karol Wojtyla, The Thought of the Man Who Because John Paul II, are excellent background sources on John Paul’s thought and its relation to twentieth century Neo-Scholastic thought and phenomenological ethics. I think, given the relative innocence of most students of the Catholic intellectual tradition in general and Catholic moral philosophy, let alone secular moral philosophy, that picking and choosing among texts is quite difficult. Unfortunately, there is no single work on the market today with a sustained analysis of his Lublin Lectures, although I plan to have one out soon."

I don't disagree with the importance of John Paul II to the development of Catholic Social Thought (and did not read Alison as doing so either).  That does not mean, however, that having students read other sources in addition to his teachings risks the students dismissing his thought without fully appreciating it.  Certainly it can't be said that no other voices are worthwhile and important to the development of the Church's thought.  It is this that leads Alison (and several others whom I have read) to hesitate about overreliance on the Compendium.

Thursday, August 25, 2005

Another Reaction to the Compendium

Alison Sulentic from Duquesne sent this reponse to my query about the possible use of the Compendium as a teaching tool:

"I have spent some time reading the Compendium over the past few months. I teach a class at Duquesne Law School entitled "Faith, Justice & Social Responsibility" and, like you, I assign the encyclicals and other magesterial documents. However, at this point I don't think I will be assigning significant portions of the Compendium in lieu of the original encyclicals and Vatican II documents. I agree with the review in America a few months ago (I think it was by Tom Massaro) which noted that the Compendium is heavily footnoted to JP II's writings and that this has the somewhat unfortunate effect of unduly emphasizing his writings in comparison to other sources.

"While JP II's contribution to CST is important, I think it is equally important for the students to see that CST's roots extend well beyond JP II's work. In my class, I assign excerpts by Aristotle and Aquinas, as well as materials from most of the major social encyclicals and Vatican II. Then I supplement this with materials from the Catholic Bishops' Conference and other non-magisterial writers. My concern is that the intellectual history of the development of CST might be less apparent if one relied solely on the Compendium. So, that's my two-cents on the issue that you raised on MOJ, for what it's worth."

Thanks to Alison for her helpful comments.

Wednesday, August 24, 2005

Solicitation of Views on the Compendium

Mike's Scaperlanda's most recent post contains some suggestions by Kevin Lee for the Catholic Legal Theory booklist.  One of Kevin's suggestions is the Compendium of the Social Doctrine of the Church, which as he observes provides a nice comprehensive overview of the Church's social teachings. Kevin suggests that "[a] close reading of [the Compendium] might make for a course on Catholic Social Teaching all by itself."  On the other side, I have also heard some critical views expressed of the book.

I'm curious about people's assessments of the Compendium both generally and specifically with respect to the following.  Last spring, when I taught my seminar in CST in the Law I assigned either the entirety of or portions of vaious encyclicals and other church documents, requiring the students to purchase the O'Brien and Shannon collection and posting links for them to other documents not included in that collection.  As we all know, many of these are not the easiest readings for students.    I'm wondering whether, when I teach the course again in the spring, I ought to consider having them purchase the Compendium instead, using primarily that rather than the original documents.  I have mixed feelings and would be grateful for the thoughts of those who have evaulated the Compendium.

Tuesday, August 23, 2005

Reading Lists and Catholic Legal Education

Since Mike posted his request for a reading list for those interested in the development of Catholic Legal Theory on Aug. 22, a number of people (including myself) have weighed in with suggestions.  The list is already fairly extensive and I sense we have only scratched the surface.

Obviously one question is what reading (foundational or otherwise) is necessary or useful for those of us engaged in Catholic legal theory scholarship.  However, since the discussion is in the context of discussing what is an essential (or important) part of a Catholic legal education, an important question is also how do we turn this list into a workable list of reading for our students.  As Kevin Lee's comments to Mark point out, we can't assume familiarity with any texts, regardless of how foundational.  I taught Catholic Social Thought and the Law for the first time last spring at St. John's and culling a "reasonable" amount of reading for my students was no easy manner.  (I put "reasonable" in quotes, since I suspect some of the students in the seminar would argue that the reading each week exceeded reasonable...although to their credit, they read it all.)  So I'd be interested in some discussion of reading lists in the context of courses (either specific courses or broader courses of study, depending on how the school structrures their offerings), which requires some prioritizing among an almost endless number of books.

Monday, August 22, 2005

Mark's List of CST Reading

Mark's advanced  list of CST literarure is a good start.  Just a reminder that in addition to readings with a broad coverage of CST, there are a number of books that address applications of Catholic thought to particular questions/legal areas that should be included as well.  The couple that jump to mind are:

Massaro and Shannon, Catholic Perspectives on Peace and War

Cortright and Naughton, Rethinking the Purpose of Business: Interdisciplinary Essays from the Catholic Social Tradition.

Naughton, Managing as if Faith Mattered