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.

Thursday, June 19, 2008

The Conversation That Will Happen

After some behind the scenes email, the MOJ conversation on sexual ethics is back on. We are going to start by focusing on Margaret Farley's book, "Just Love," with these two questions in mind: to what extent is her analysis helpful in shaping the questions that Catholics must face as they think about how the Magisterium's teachings on sexuality will be received / understood / framed within the broader culture; and how to dialogue on these issues in that context. For others who are interested in participating and/or following the conversation, we plan to blog on this starting the second week of December.

Michael P., Michael S. and Amy

Monday, June 16, 2008

Catholic Citizenship and Voting Resource Page

Folks, apologies for my long blogging hiatus.  I hope to make it up to you all this summer.  To start, Fordham’s Institute on Religion, Law & Lawyer’s Work has just launched a new resource page on Catholic Citizenship and Voting.  As many of you know, I’m a fan of the 2007 document issued by the United States Bishops, “Forming Consciences for Faithful Citizenship,” so that’s the first link.  It also includes my contribution to the Journal of Catholic Legal Studies symposium on that document, due out this summer.  You may recognize some of the musings in my previous blogging on how the category of intrinsic evil should intersect with voting.  Here’s the blurb: 

Which voter’s guide gives the most reliable account of Catholic teaching? This essay compares Forming Consciences, the document issued by the US Bishop’s Conference in November 2007, with the Catholic Action Answers’ “Voter’s Guide for Serious Catholics.” It argues that Serious Catholics fails to captures the tradition’s nuanced intersection between moral values and their practical implementation in the sphere of politics; and that Forming Consciences serves as a more complete and helpful guide for Catholic voters.

Other musings at the intersection of Catholic social thought and political life touch on the topics of conscience, abortion, torture, and immigration.  Enjoy!  Amy 

Wednesday, March 26, 2008

In Gratitude to Chiara Lubich

I have just returned from Rome where I spent the hardest and most beautiful week of my life…. As many of you know, the founder of the Focolare Movement, Chiara Lubich, concluded her earthly journey on March 14, 2008.  I happened to be in Rome that day, at the conclusion of the tour which followed an interfaith workshop for a small group on “Love of Neighbor and the Legal Profession” held in Loppiano, the Focolare’s international community near Florence.  So I received the enormous gift of being present for the wake at the Movement’s headquarters in Rocca di Papa, and for the funeral on March 18, held at the papal basilica St. Paul Outside the Walls.

 

The church was packed, with overflow crowds (the reports run from 20,000 to 40,000) following on big screens in the courtyard, and through internet and satellite links throughout the world. 

Her coffin was adorned in the simplicity of three red carnations, in memory of the flowers she bought for a few cents to celebrate her consecration to God in 1943; and the open book of the Gospel, the guiding and revolutionary force for the beginning of the movement and throughout her life. 

The message from Pope Benedict read by Vatican Secretary of State Cardinal Tarcisio Bertone during his homily captures the sentiments of gratitude that permeated every detail of the funeral: “There are many reasons for thanking the Lord for the gift given to the Church of this woman of intrepid faith, humble messenger of hope and peace, founder of a vast spiritual family that embraces many fields of evangelization.  I would like to above all thank God for the service that Chiara has rendered to the Church: a both silent and incisive service, always in harmony with the teaching of the Church.”

Cardinal Bertone’s homily captured in a stunning way the heart of her life and her legacy: here is Zenit’s summary.  I had the challenge of being in the translation booth when the Cardinal’s own voice started to crack as he quoted one of Chiara’s own poems: “When I arrive to your door and you ask me my name, I will not say my name, I will say my name is ‘thank you’, for everything and forever.” 

If you’d like a taste of the atmosphere, here’s a snippet, and further coverage by Zenit.  And at least for the moment the entire ceremony is up on the web and accessible.  The first half an hour prior to the funeral includes tributes from representatives of the Jewish, Muslim, Buddhist and Hindu communities that were touched deeply by her work in interreligious dialogue, followed by moving messages from Greek Orthodox, Lutheran and Anglican bishops.  The parts I found especially moving were the witness of a Buddhist monk (on the counter at about 9:06); Cardinal Bertone’s homily (at 39:45); and the concluding good-byes (on the counter, 2 hrs and 2 minutes).

Together with hundreds of thousands of other people throughout the world, I have countless reasons to be thankful for the gift that Chiara's life was for the Church and for humanity, and now simply pray for the grace to be faithful to the profound legacy of life and love that she leaves, so as to continue her work toward the fulfillment of Jesus’ prayer, “that all may be one.”  Amy

Wednesday, March 5, 2008

CST and Pedagogy

I really have no excuse for my long silence other than that I fell in love with an insane teaching method that gobbled up most of my January and February. 

For the first seven weeks of the semester here at Fordham I taught a one-credit mini-course in Catholic Social Thought and Economic Justice.  It’s basically a march through the economic encyclicals (from Rerum Novarum to Centestimus Annus) flanked by selections from the Ken Himes collection of commentaries, Modern Catholic Social Teaching, and further discussion of potential application of CST principles to a variety of legal, social and economic contexts.  Specific topics of discussion included the liberation theology debates, work schedules in law practice, tort law and a critique of consumer culture, and the debates about corporate social responsibility and corporate structures.  The class concluded with the question of how to communicate CST principles in a pluralistic profession. 

At the beginning of the semester I go around the room (it was an elective seminar with 16 students) to get a sense of how much exposure they have had to CST, or to Catholic teachings generally.  The answer is for the most part: very little or none at all, beyond elementary school preparation for the sacraments.  At that point I think the temptation for many of us is to find a way to “open head, pour in concepts”—to try to make up in some way for the lack of formation. 

Instead, I tried an experiment.  I decided to completely let go of my own agenda (other than that they focus on the church documents as primary texts), and let the conceptual flow for the discussion emerge from their own questions, as set out in their reaction papers and blurbs turned in 24 hrs prior to the class.  (This is where the insanity came in – the time to absorb their work prior to our class meeting, set up the discussion so that everyone would contribute, every week, followed by weekly comments on their papers in order to help them push the envelope on their conceptual development).

The result?  It was magic.  Perfect attendance.  A class dynamic that congealed almost immediately, and sparked a sustained energetic conversation throughout the seven weeks.  A sense of equality in diversity – they had very different perspectives on the material, but seemed to genuinely enjoy learning from each other.  Profound intellectual engagement with the documents and the various applications, and in many cases a capacity to appreciate the profound personal and spiritual challenges of CST.  For the Catholics in the class, I noticed that for many, even in just seven weeks, they came to claim their tradition in a pretty profound and genuine way.  As one student put it in her paper for the last class, “On my first day of work last summer, I took off my cross and put on a string of pearls, because I was afraid of what the cross might communicate.  I now think that was a mistake.” 

I will be chewing on this experience in preparation for the upcoming Religiously Affiliated Law Schools Boston College Conference panel on “Teaching Through the Lens of Faith:  Successfully Engaging Religious Issues in the Classroom” and look forward to further conversation with many of you about pedagogy and method while we are there.  Amy

Catholic Common Ground Conf on Ecclesial Movements

On a jaunt that is somewhat related to our broader project of tapping into resources for the "faith-life" connect,  I spent the weekend in Chicago at the Catholic Common Ground’s Twelfth Cardinal Bernardin Conference, which focused this year on “Understanding the Ecclesial Movements and their Interaction with the Local Church in the US Today.”  It generated an incredibly rich conversation about how to foster a better connect between local church communities and the resources that the ecclesial movements and new communities offer for formation, evangelization and building lively faith communities.  BC Theologian Robert Imbelli, also present at the conference, has noted some of the key insights, “Mysticism and Method,” over at dotCommonweal.  Amy

Tuesday, February 26, 2008

"No Law Respecting the Practice of Religion"

A heads up from MOJ friend Andrew Moore on what looks to be a fantastic event in Detroit on March 18:

The University of Detroit Mercy School of Law welcomes Dr. Leslie Griffin, Larry and Joanne Doherty Chair in Legal Ethics, University of Houston Law Center to deliver the 10th Annual McElroy Lecture on Law & Religion, Tuesday, March 18, 2008 @ 5:30 PM

"No Law Respecting the Practice of Religion"

The First Amendment of the U.S. Constitution provides: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” What if the drafters used the words “practice of religion” instead of “religion”? How would this change the jurisprudence surrounding this part of our Constitution? Dr. Leslie Griffin, Professor of Law at the University Houston Law Center will address this compelling question, focusing on government funding for religious organizations, public school prayer and free exercise claims. Through this exercise, Dr. Griffin will explore the meaning our courts have given to the term “religion” as they have addressed these critical issues. For more information please contact Prof. Andrew Moore, (313)596-0220 or [email protected]

Tuesday, November 20, 2007

Forming Consciences: Thank You USCCB

     Way at the top of my list of things to be grateful for this Thanksgiving is the US Conference of Catholic Bishops 2007 Statement on political participation, Forming Consciences for Faithful Citizenship

     First, it is amazing that in the wake of the polarization that emerged during the 2004 election, that the bishops were able to issue the document with almost unanimous (97.8%) approval.  This tremendous show of unity will go a long way, I believe, toward healing the divisions that had so marred our country and our Church during the last presidential campaign season. 

     Second, the document does a terrific job working through how the moral theology category of “intrinsic evil” should operate in how we make practical judgments in the political arena.  It gives a clear definition: “There are some things we must never do, as individuals or as a society, because they are always incompatible with love of God and neighbor.  Such actions are so deeply flawed that they are always opposed to the authentic good of persons.  These are called ‘intrinsically evil’ actions.  They must always be rejected and opposed and must never be condoned.” 

     Then, in sharp contrast with the Voter’s Guide for Serious Catholics short list of “non-negotiable” issues (abortion, euthanasia, embryonic stem-cell research, human cloning and homosexual marriage) the bishops include in their examples: the intentional taking of innocent human life, as in abortion and euthanasia; direct threats to the sanctity and dignity of human life, such as human cloning and destructive research on human embryos; as well as other direct assaults on human life and violations of human dignity, “such as genocide, torture, racism, and the targeting of noncombatants in acts of terror or war.” 

     In a beautiful passage, it highlights how Catholic social teaching is not just about the “no” but must also embrace the constructive “yes”—a positive commitment to rolling up our sleeves to work for the “good that we must do.”  “Opposition to intrinsically evil acts that undercut the dignity of the human person should also open our eyes to the good we must do, that is, to our positive duty to contribute to the common good and to act in solidarity with those in need.”  In fact, the moral obligation to meet basic needs for food, shelter, health care, education and meaningful work, is also “universally binding on our consciences.”  The fact that the political choices about how to best meet these challenges are matters for principled debate “does not make them optional concerns or permit Catholics to dismiss or ignore Church teaching on these important issues.”

     Mark, your seamless garment platform has arrived, and the beautiful bow on the package it its decisive call to unity, recognizing that Catholics may express their faith commitment in the social sphere in a variety of ways.  As we work on a variety of issues, searching for political and social remedies to the problems of abortion, war, poverty or a host of other threats to human life and dignity, “we need to support one another as our community of faith defends human life and dignity wherever it is threatened.  We are not factions, but one family of faith fulfilling the mission of Jesus Christ.”

     In voting, “It is essential for Catholics to be guided by a well-formed conscience that 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 conscience.”  It is also important to note that “the direct and intentional destruction of innocent human life from the moment of conception until natural death is always wrong and is not just one issue among many.” 

     But again, in sharp contrast to the Voter’s Guide for Serious Catholics, that’s not the end of the story.  In fact, the bishops clarify that a candidate’s support for intrinsically evil policies is not the only issue that Catholics should consider in deciding how to vote.  “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.”  In fact, “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.” 

     How about that dilemma that emerged for many in pews in anguish over whether it was a sin to vote for a candidate who supports intrinsically evil policies?  The bishops clarified that the key is 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.”  Further, even when all candidates hold a position in favor of an intrinsic evil, options include “the extraordinary step of not voting for any candidate,” or, after careful deliberation, voting “for the candidate deemed less likely to advance such a morally flawed position and more likely to pursue other authentic human goods.”

     Thank you, USCCB, for what I believe is a clear, courageous, extraordinarily helpful reference point for profound reflection on the gifts that Catholics can bring to our political life and the public square.  I see just a couple of tiny knits in the analysis (you all may have found others), but I think those can be worked through.  I’ll continue chewing on those over Thanksgiving and work them out in a future blog.       

     Other thoughts?  Amy

Thursday, November 15, 2007

Forming Consciences for Faithful Citizenship

Here's the text marked as issued by the USCCB on 11/14/07 (it looks like just the written text, which I imagine will be formatted for print shortly)  http://www.usccb.org/faithfulcitizenship/FCStatement.pdf

Tuesday, October 16, 2007

Finn on the Self-Interest Conundrum

Susan, picking up on your exchange with Sr. Margaret John on self-interest, folks might find food for thought on this in Dan Finn’s recent book, The Moral Ecology of Markets.  I think it’s a terrific resource for all of us who are working with the economic implications of CST.

On page 56, Finn describes the distinction between psychological egoism (“all human action is inevitably egoistic, oriented toward the benefit of the actor . . . ‘Each of us is always seeking his own greatest good, whether this is conceived as pleasure, happiness, knowledge, power, self-realization…’”); and ethical egoism (the moral argument that “an individual’s one and only basic obligation is to promote for himself the greatest possible balance of good over evil.”).  He then outlines a number of problems with psychological egoism, including the underlying tautology— “If every conceivable human action can be explained by self-interest, then self-interest explains nothing.” (57); the distortions entailed in a description of the world “that cannot distinguish saint from sinner, martyr from murderer, altruism from selfishness” (57); and the challenges that it poses for common understanding—most people have trouble absorbing that “technical economic notion of self-interest can include concerns for others.” (57).  Finn concludes: “Leading a moral life is difficult and at various times requires the subordination of one’s interest to those of others.” (57)

Later he discusses two examples: first, presented with the choice of whether to buy dented cans of beans, leaving the good cans for other customers, he notes: “the self-interested thing to do is to buy undented cans, while the neighborly thing to do is to buy the dented cans.” (109).  But in a context where customer complaints may generate systematic improvement in production or delivery, refusing to buy the dented might actually be a service to the common good (or at least efficiency): “Self interest need not result in harmful effects for others.  It can … actually lead to a more careful husbandry of the goods of the Earth.” (111).  In contrast, faced with the dilemma of whether to buy a cheaper rug made by child slave-labor, one may not have the same hope for systematic change. The difference between the two examples “is in the institutional framework within which these two chains of events occur.” (112).  Thus it is futile to look for “a simple rule based on the intention of the actor to determine whether narrowly self-interested action is good or bad.” (113). 

            By way of probing the insights of Sr. Margaret John, here’s my question for Finn: Could this tangle all boil down to a natural law argument about teleological nature of human beings?  Is the reason that most people have trouble absorbing a notion of self-interest that includes others because of a widespread philosophical foundation of individualism?  If that is the case, is that a reason not to push the boundaries on this argument?  If a more relational vision of the self is at the foundation of the analysis, might that shift a sense of when one’s interests are “subordinated”?  Could a relational understanding of the self run parallel to how interest over time (long range interest) adds complexity to the analysis?  Might it actually be more neighborly to refuse to buy dented cans, communicate one’s concern, and push for a systematic change in packing procedures?  Is the bean example in tension with the list of concerns about psychological and ethics egoism?  Might a more robust image of the relational self (eg, the self not essentially in tension with others) make the moral life less “difficult”? 

Amy

Friday, September 7, 2007

Resources for Moving "Beyond Balance"

My short piece “Beyond Work-Life Balance” is has just been published in the Fall 2007 issue of CHURCH Magazine.  It argues that “balance” imagery can actually feed into what Gaudium et Spes termed “among the more serious errors of our age”—the “split between the faith which many profess and their daily lives.” (n.43), and gives a few examples of how a more integrative spirituality might play out in the context of large law firm practice.  All part of a larger project—and life’s work!—to explore the spiritual resources which might help expand the horizons of how lawyers think about time and the role of work in their lives, also developed in Part-Time Paradox).

Church Magazine, a quarterly on pastoral theology and ministry, is a terrific resource.  It is put out by the National Pastoral Life Center, whose projects also include the Catholic Common Ground Initiative and the Social Action Roundtable. 

Amy