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.

Monday, March 28, 2005

Meaning of "Pro-Life"

Rick calls the criticism of the lack of consistency of pro-lifers contained in an E.J. Dionne op-ed column a cheap shot.  I agree with Rick's response to the question "[w]hat is the point of standing up for life in an individual case but not confronting the cost of choosing life for all who are threatened within the health care system or by their lack of access to it?"  Rick is clearly correct that it is neither pointless nor hypocritical “to oppose, and to try to stop, intentional homicides of disabled people, just because one is not also lobbying for medical-insurance reform.”

However, it is also the case that it is difficult to persuade others to buy into the ethic of sanctity of life if one is not consistent.  And Dionne’s criticism is particularly aimed at lawmakers.  Can one argue that there is a distinction between the imposing the death penalty on a guilty person and causing an innocent disabled person’s death?  Of course.  Can one distinguish between a ban on assault weapons and cessation of artificial nutrition and hydration?  Assuredly.   But, leaving aside the question whether Congress had any business at all getting involved in the Shiavo matter, it is difficult for people to take seriously the claims of support for the dignity of life made by Republican lawmakers who have at every turn undermined human dignity by their decisions about health care, tax policy and the like.  Moreover, even where distinctions can be defended, the more distinctions one makes, the more difficult it is to persuade those who do not already buy into a consistent ethic of life to do so.  Thus, while I disagree with the framing of Dionne's criticism, I think there is more there than a cheap shot.

Susan

Wednesday, March 9, 2005

Universities and Religious Missions

The March 10 issue of the New York Review of Books has an interesting article entitled, Colleges: An Endangered Species.  The article describes the history of American higher education in three phases, the current third phase of which is described as one in which colleges have "became essentially indistinguishable from one another (except in degrees of wealth and prestige), by turning into miniature liberal states themselves—prescribing nothing and allowing virtually everything."  The author in a footnote observes as an important exception to this generalization institutions that retain a strong religious affiliation. The footnote cites none other than our own Mark Sargent's 2001 Toledo Law Review piece on the role of the dean in an inclusive Catholic law school, "for a thoughtful account of how a university, in this case a law school at a Catholic university, can retain a sense of religious mission while being open to students of any, or no, faith."

The article can be viewed here.

Tuesday, March 1, 2005

Another Small Step on the Death Penalty

The Supreme Court just rendered its decision (5-4) that those who are younger than age 18 when they commit a crime cannot be executed for that crime.  I am obviously happy with the Court's decision, but I can't help but feel that there is not much to congratulate ourselves about in the snail's pace at which we are determining that there is  a problem with the death penalty.  The fact that it is taking so long to reach agreement (and only 5-4 at that) that there is something wrong with executing those whose age (or mental state, in the case of the last Court decision) makes them less culpable for their crimes, suggests we are a long way away from putting an end to this practice.

Susan

Friday, February 25, 2005

Engineering Eden

The St. John's Journal of Legal Commentary held its annual symposium today, entitled, Engineering Eden: Investigating the Legal and Ethical Dilemmas of Modern Biotechnology.  It gathered a group of terrific speakers  who raised important questions with respect to minority health care disparities, stem cell research, human cloning and the question of humanness vs. personhood.  The proceedings will appear in a forthcoming issue of the Journal.

Susan 

Friday, February 18, 2005

Discontinuing Life Support of Terminally Ill Baby

Christine Hurt of Marquette forwarded to me this Houston Chronicle article involving a mother's appeal of a ruling by Houston judge to allow a hospital to discontinue life support on a seriously ill infant.  The hospital believes that continuing treatment is inhumane, a position that mother (whose mental competence is unclear from the article) disputes.  This is apparently the first ruling allowing a hospital to discontinue life support on a living infant.

Susan

Monday, February 14, 2005

Calling Evil Evil

Regarding Rick's post about the NYT's article last week discussing evil, I wonder whether the NYT may be overstating it when it says that most psychiatrists assiduously avoid the term evil.  My sense it that it is more than just a few rogue forensic scientists who are willing to recognize the existence of evil.  I just finished attending a workshop on Carl Jung and the Spiritual Exercises.  When I brought the article to the attention of the person running the workshop, his comment was that the most interesting discussions of evil occuring today involve not moral theologians, but psychologists and psychiatrists. 

As I understand it, Jung himself was critical of Christians for being too naive about evil.  Jung thought it important not to underestimate the fact that there is an archetypal shadow, a collective force that moves us to disintegration and alienation. 

Susan

Sunday, February 13, 2005

Parochial Schools

I read with interest both Rick's post on the demise of parochial schools and the article in today's times to which it refers.

I can't speak for other urban areas, but as a product of a Brooklyn parish and its parochial school, I can say there is much truth in the observation that parishes were something like "mini-states," that, as Rick expresses it, were often more important to urban geography, and to city-dwellers' identity, than the conventional markers and boundaries."  Virtually everything in our lives revolved around the parish.  Not only were we educated in the parochial grade school, but all of our activities - scouts, sports, Great Books Club, etc. were run by the parish, as was a teen youth center and various other activities for adults, teens and children.  The priests and nuns were constant presences in the streets of the neighborhoods or in our homes for meals or coffee.  As a result, our faith was not just something we learned in our religion classes or in church, it was in the air we breathed.

When asked where I grew up in Brooklyn, I'm still as likely as not to respond by saying: "Sts. Simon and Jude."  (Amusingly...although perhaps only to me....as the child of a NYC police officer, the other way I typically identify Brooklyn neighborhoods is by precinct number.)

For all the complaints I've made over the years about various aspects of Catholic school education, I think something is lost with the closing of so many parochial schools.  But I think perhaps more may have been lost with the demise of the parish as a central part of the lives of parishioners.

Susan

Friday, February 11, 2005

Allowing Suits Against Churches for Sexual Harassment

Rick's post about the the Ninth Circuit's decision in Elvig vs. Calvin Presbyterian, which holds that a suit for damages may be brought against a church for sexual harassment committed by a pastor/supervisor to a minister, quotes the dissent position that the decision is "an invasion by the federal government into the church's core prerogatives and autonomy.''

I disagree with the position that the availability for damages for harassment is an impermissible interference with the church's constitutionally protected decisions to hire and retain ministers.  It is one thing to say that a church may engage in what would otherwise be termed employment discrimination in hiring its ministers.  It is another to suggest that respect for religious freedom requires protecting the ability of pastors to sexually harass those employees they choose to hire.  If the pastor had physically assaulted the minister, would anyone think it inappropriate if the minister sued for damages to compensate for those injuries?  (The court in this case was clear that there could be no damages for the resulting termination of employment of the harassed employee, only for the harassment itself.)

Dissenting from the Ninth Circuit's decision not to rehear the case en banc, Judge Kleinfeld argued that the availability of damages for sexual harassment necessarily interferes with hiring decisions becuase "to prevent lawsuits alleging sexual harassment, churches will fire ministers who they think expose them to risk of damage awards and hire those who they think will not."  I'm not entirely sure how one determines whether a potential employee is likely to expose the church to damage awards, but unless a church is trying to preserve its ability to engage in sexual harassment of its employees, it is difficult for me to see the danger here.

  As the Ninth Circuit said in denying a rehearing en banc, there was no allegation by the church that that there was a religious justification for the sexual harassment.  Thus the court did not address the question left open in its prior decisions concerning whether sexual harassment based on a religious justification was constitutionally protected.

Susan

Thursday, February 3, 2005

Congratulations Amy

The Guild of Catholic Lawyers of the Archdiocese of New York held its 22nd Annual Charles Carroll Award Reception this evening.  The recipient of this year's Charles Carroll award was MOJ blogger, Amy Uelmen, recognized for her outstanding work as Director of Fordham Law School's Institute on Religion, Law & Lawyer's Work and for her example in living an integrated life of faith.  It was a privilege for me to be there (along with fellow MOJ blogger Rob Vischer) to share in the honoring of a member of our community.

Amy's remarks at the award reception were very inspiring and I am hopeful that she will post them here.

Susan

Thursday, January 27, 2005

Promoting Liberty or Death?

We've been remarkably silent on the question of the war in Iraq.  Joan Chittister's National Catholic Reporter column this week, titled "What the rest of the world watched on Inauguration Day," contrasts the percentage of wartime casualties in World War I (15%) with that today (75%) and tells the horrific story of one family destroyed last week.  She ends with the questions: "Who or what will free us from the 2st century's new definition of bravery?  Who will free us from the notoin that killing children or their civilian parrents takes courage."  The entire column can be read here.

Susan