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 7, 2008

NYT: Catholics and Muslims Pledge to Improve Links

Good news, not only re the event, but also (for the most part) the overarching tone of the NYT coverage.

"Catholic and Muslim leaders worked on Thursday to deflate suspicion between their two faiths, pledging at a high-level seminar here to work together to condemn terrorism, protect religious freedom and fight poverty."  Read more.

Catechesis: response to Patrick, Michael M. and Steve

Patrick and Michael M., I’d agree that catechesis, and specifically the work of helping Catholics “translate” what CST means for political and social structures is indeed a challenge of the first order. Steve S., based on my own work in adult and young adult catechesis, I’m still holding out in the hope that this work of “translation,” when done in an atmosphere of listening, love, understanding and trust, can still help regular folks in and out of the pews (include students) not only to trace the work of the Holy Spirit in Church teaching, but also to connect the dots between that teaching and their ordinary lives.  More narrowly (and I don’t think anyone on our blog is suggesting this, but just as a general comment), I don’t think we can draw a reliable inference between lack of catechesis and the outcome of the election or the exit polls.  Patrick and Michael M., I see how the CARA data (“only 18% of Catholics "strongly" agree with the statement: "In deciding what is morally acceptable, I look to the church teachings and statements by the pope and bishops to form my conscience”) can be read as pointing toward a general lack of catechesis, but I also wonder if there’s another dimension to this, too—the comment could reflect not so much a neglect of church teaching, but that their primary vehicle for forming their consciences might not be "document" based (e.g., they may be more drawn to conversation with trusted friends?).  And with this I come back to the beginning: the urgency of our common task not only to help open people’s minds to the depths of CST, but also to help open their hearts to its connection with their daily lives, and to this end, to explore all of the vehicles that can help to reach people where they are.  I think no matter where we come out on the political spectrum, we can work together on that task.

Thursday, November 6, 2008

Invisible or Politically Homeless?

Responding to Patrick's post on the disappearance of the Catholic vote, I wonder if the question could be framed like this: in a two party system, where is the space for Catholic "visibility" when an analysis of both parties from a Catholic social thought perspective leaves many Catholics feeling politically homeless?

Monday, November 3, 2008

Taking a Breath

A couple of weeks ago I was in the middle of an email exchange with a friend, and our discussion of campaign issues was becoming pretty heated.  Before pressing the “send” button, something (Someone?) inside suggested that I take a breath and ask whether my email message would build up or destroy our friendship.  As a result of this, I suggested to my friend that we bracket a part of our conversation until we could continue it in person.  The following week, my friend walked into my office with a hug and a chocolate bar, saying “this is a peace offering, I am sorry for being intemperate.”  I pulled out some homemade chocolate chip cookies, saying “I’m sorry too,” and we picked up where we had left off.  Looking each other in the eyeballs, the conversation took a completely different turn.  We’re not done with our conversation, and we still disagree on significant points.  But I am sure that this friendship will last beyond November 4th.

Monday, October 13, 2008

Conscience and Voting: The Big Question

   My recent essay “It’s Hard Work: Reflections on Conscience and Citizenship in the Catholic Tradition,” is in part a strong critique of the Voter’s Guide for Serious Catholics and similar lines of analyses, which outline voting as a two step process: 1) identify “intrinsically evil” (or "non-negotiable") principles, and 2) vote for a candidate who best matches opposition to these evils.  I argue that this methodology is in sharp contrast with the 2007 analysis approved by 98% of the bishops, Forming Consciences for Faithful Citizenship.   

   Like the analysis in Serious Catholics, the bishops do not hedge on the position that Catholics must hold toward intrinsic evils: “They must always be rejected and opposed and must never be supported or condoned.”  And the bishops also point out that some issues are much more important than others: a well-formed conscience “recognizes that all issues do not carry the same moral weight and that the moral obligation to oppose intrinsically evil acts has a special claim on our consciences and our actions.”

   But Forming Consciences does not stop there.  It also includes a mid-layer analysis. The task is not simply a matter of identifying principles, because a larger role is given to prudence, the virtue which “shapes and informs our ability to deliberate over available alternatives, to determine what is most fitting to a specific context, and to act decisively.”  For the bishops, decisions about voting entail a complex reflection, using “the framework of Catholic teaching to examine candidates’ positions on issues affecting human life and dignity as well as issues of justice and peace.  It also examines the candidates; “integrity, philosophy and performance”; as well as their capacity to influence a given issue.

   A second way in which the bishops’ position differs from Serious Catholics is in its discussion of the moral principle of “cooperation with evil.”  Serious Catholics lifted out of context a 2002 Vatican statement that one is not permitted “to vote for a political program or an individual law that contradicts the fundamental contents of faith and morals.”  The Vatican statement was discussing the duties of elected officials, but Serious Catholics applied the analysis directly to citizen voters, reasoning:  “Some things are always wrong, and no one may deliberately vote in favor of them.  Legislators, who have a direct vote, may not support these evils in legislation or programs.  Citizens support these evils indirectly if they vote in favor of candidates who propose to advance them.”

   The bishops, on the other hand, clearly rejected this leap.  They clarified that the question of the voter’s moral responsibility hinges on the voter’s intent:  “A Catholic cannot vote for a candidate who takes a position in favor of an intrinsic evil, such as abortion or racism, if the voter’s intent is to support that position.  In such cases a Catholic would be guilty of formal cooperation in grave evil.”

   Because intent is the hinge, the bishops warned that the intrinsic evil analysis should not become an excuse for a “single-issue” approach to voting:  “[a] voter should not use a candidate’s opposition to an intrinsic evil to justify indifference or inattentiveness to other important moral issues involving human life and dignity.”  Further emphasizing the role of intent, they stated:  “There may be times when a Catholic who rejects a candidate’s unacceptable position may decide to vote for that candidate for other morally grave reasons.  Voting in this way would be permissible only for truly grave moral reasons, not to advance narrow interests or partisan preferences or to ignore a fundamental moral evil.”

   This brings me to what I consider to be the big remaining question: What counts as a “morally grave reason?”  Some of the analyses currently circulating suggest that a particular candidate’s failure to oppose an intrinsic evil (such as abortion), could only be overridden by the other candidate’s failure to oppose an equally serious intrinsic evil (such as genocide or preemptive nuclear strike)—in other words, it requires a head to head on principles. 

   But I can’t find support in Forming Consciences for the argument that a “morally grave reason” requires a head to head on principles, or in some way excludes a range of mid-level prudential questions. I believe the bishops’ analyses leaves ample space for consideration of questions such as:

  • What institutional role does the position at stake play in shaping the policy against this particular evil—as the bishops put it, what will be the candidate’s “capacity to influence” the issue? 
  • Regardless of the candidates’ statement of principles, how will their specific mesh of social, economic, and legislative policies play out on the ground to remedy the particular evil both nationally and globally?

   I’d like to express sincere “docility” on this point—I’m happy to be educated about perspectives on whether the process for determining what is a “grave moral reason” should focus only principles, or should also account of the mesh of principles and practical judgment.  Thoughts?

Response to Lisa: Identity Politics and Empathy

Lisa, thank you for your Identity Politics post.  I think you hit the nail right on the head in naming one of the roots of the underlying tensions we have been experiencing over the past month.  But what touched me most deeply about your post was your capacity to imagine the ways in which the emotions of close identification were at work in people on the “other” side.  Perhaps one way to shore up strength for the kind of conversation and cooperation that can both withstand the heat of the next few weeks and extend beyond November 4th is right here, in the practice of empathy—the capacity, as Lisa has set out, to imagine not only the thought process of the other side, but also the emotional dimension, how that thought process makes them feel.  Some may fear that the exercise of empathy may lead to loss of identity, or to a watering down of the important principles at stake in our current debates.  But I think it is exactly here that the Catholic tradition has something important to bring to how we talk with each other about politics—a confidence that this expression of love is itself a presence of God, which brings not only the capacity to recognize the dignity of our conversation partners, but also the light to see the complexity of the issues even more clearly. 

Thursday, July 3, 2008

A Ray of Hope

In response to Rick’s sadness over the assisted suicide case in Germany, on a more hopeful front, today Zenit reported that Pope Benedict authorized the promulgation of a decree recognizing that together with seven others, Servant of God Chiara Badano lived a life of heroic virtue.  One of the Focolare youth, she died in 1990 at the age of 18, of a particularly painful form of bone cancer, after leaving an extraordinary witness of light and faith, accompanied and sustained by the whole community and especially friends of her same age who lived the spirituality of unity together with her.  More about her life here and here.  In a world where the sick are often marginalized and profound isolation and loneliness often lead to desperation, her life shines as a ray of hope, and perhaps even helps to illumninate a path for healing the cultural maladies that lead to assisted suicide as well.  Amy 

Wednesday, June 25, 2008

Obama and CST's Constructive Challenge

In reponse to Greg's post on Obama's Catholic advisory panel, the challenge I would like to launch for our conversation here on Mirror of Justice during this campaign season is that we don't lose sight of the possibilty to be constructive.  I think we have the opportunity to in some way move beyond simply reacting to all of the ways in which neither party is completely in line with CST principles, and certainly beyond simply a negative reaction to NARAL's "scoring" system.  As a group I think we have the capacity to bring a significant contribution to the positive articulation of how CST might inform an approach to political life.  (Some of my own initial thoughts on this project are included in this reflection on Forming Consciences, which acknowledges both the priority of reducing abortions, and the complexity and prudential quality of the decisions which will make that a reality in our current system).

Tuesday, June 24, 2008

NARAL Approval Ratings: Let's Shift Gears

Greg, in response to your post can you (or anyone else) point me in the direction of the criteria for the NARAL approval ratings (other than as discussed in the WSJ editorial)?  I am wondering exactly what the Casey 65% approval rating means - eg, is one of their plus signs general access to health insurance for women?  In fairness to the complexity of the debate, and in fairness to the integrity of the folks involved, it seems that a NARAL percentage doesn't really give us the information that we need.  And more to the point for our discussion here, I wonder if we want to shift gears - why should the NARAL scale become a point of reference for our reflection on how we evaluate folks?  Why don't we make up our own categories, starting, perhaps, with the criteria discussed in the US Bishop's 2007 statement, "Forming Consciences for Faithful Citizenship?"   

Discrimination and Perspective

In response to Rob's post on when is discrimination wrong, I wonder if the hardest question here is the one of perspective, and whose perspective should control.  It seems like there would be not infrequent occasions when the actor's intention was not to demean, but where the particular discriminatory action is received as demeaning - or vice versa.  (I haven't read Deborah Hellman's work, she may touch on this in her book - I'm happy to be illuminated).  Seems like the core-CST question would be what vehicles might help bridge the perspective problem - solidarity?  participation?