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, September 25, 2006

George on Penalver/Garnett

Over at First Things, Robert George weighs in on Eduardo and Rick's exchange on pro-life Catholics and the Democrats:

But Peñalver’s case is even weaker than Professor Garnett’s damning points against him reveal. Here’s why. Even if Peñalver’s optimism about the effect of Democratic policies on the abortion rate were warranted, it would not justify supporting the Democrats. All the major Democratic presidential aspirants and the Democratic leaders of both houses of Congress (together with the vast majority of Democratic senators and representatives) support federal funding for the creation of human embryos by cloning for biomedical research in which they are deliberately killed. That means that if the Democrats come into power, hundreds of thousands—over time it would surely be millions—of human lives will be created and destroyed as a direct consequence. Even if the abortion rate were to drop by 20 percent, the number of lives saved would be massively offset by the authorization and federal funding of embryo-destructive research. If there is one thing we can predict with confidence about the platform the Democrats will adopt at their 2008 convention, it is that the party will not be calling for embryo-destructive research to be “safe, legal, and rare.” On the contrary, the Democrats will promise to pour hundreds of millions of dollars into “therapeutic cloning.”

Of course, there are Republican renegades such as Arnold Schwarzenegger, Arlen Specter, and Orrin Hatch who side with the Democrats on this issue. But most Republican leaders firmly oppose the creation of human embryos, whether by cloning or the union of gametes, for research in which they are killed. So, however much one might dislike Republican policies in other areas, it’s clear that the death toll under the Democrats would be so large as to make it unreasonable for Catholic citizens, or citizens of any faith who oppose the taking of innocent human life, to use their votes and influence to help bring the Democratic party into power.

Rob

What Islam Needs

In USA Today, Jonah Goldberg disputes the common assertion that Islam needs to undergo a Protestant Reformation; in his view, Islam already has countless Martin Luthers -- what it really needs is a pope.

Rob

Redefining Parenthood

The Institute for American Values and the Institute for Marriage and Public Policy have issued a new report, The Revolution in Parenthood: The Emerging Global Clash Between Adult Rights and Children's Needs.  Produced by the Commission on Parenthood's Future (including Don Browning, Jean Elshtain, Robert George, and John Witte), the principal author is Elizabeth Marquardt.  Here is an excerpt from the introduction:

Right now, our societies urgently require reflection, debate, and research about the policies and practices that will serve the best interests of children—those already born and those yet to be born. This report argues that around the world the state is taking an increasingly active role in defining and regulating parenthood far beyond its limited, vital, historic, and child-centered role in finding suitable parents for needy children through adoption. The report documents how the state creates new uncertainties and vulnerabilities when it increasingly seeks to administer parenthood, often giving far greater attention to adult rights than to children’s needs. For the most part, this report does not advocate for or against particular policy prescriptions (such as banning donor conception) but rather seeks to draw urgently needed public attention to the current revolutionary changes in parenthood, to point out the risks and contradictions arising from increased state intervention, and to insist that our societies immediately undertake a vigorous, child-centered debate.

Rob

Sunday, September 24, 2006

Veggie Tales / NBC Update

NBC's understanding of appropriate and inappropriate God-talk on network television has been attracting considerable attention in the last few days.  NBC initially claimed that its cuts to Veggie Tales were only in the interests of time.  My brother pointed out that that explanation did not quite comport with reality.  The story has exploded into what hopefully will contribute to a productive conversation on the place of religion in the public (network) square.  In today's New York Times, NBC offers the following justification for its edits:

“We are not a religious broadcaster,” [the spokesperson] said. “There are universally accepted religious values that we do think are appropriate,” but the promotion of “any particular religion or a particular denomination” is not allowed.

Of course, one of the most glaring cuts was to Bob and Larry's closing line: "God made you special and loves you very much."  If that claim does not reflect an appropriate "universally accepted religious value," what religious statement could possibly pass muster?  Since networks constantly point to parents as bearing the burden of protecting their children from offensive programming, why is religious content a non-starter?

Rob

Wednesday, September 20, 2006

The Pope & The Witch

Finally, a theatrical production to argue about besides The Vagina Monologues.  Next March, the University of Minnesota will be putting on Dario Fo's play, The Pope and the Witch.  Here is the theater department's description:

A wild send-up of Catholicism and politics by Italy’s Nobel Prize-winning farceur.  In the Piazza San Pietro thousands of hungry children, the fruits of the Pope’s birth control doctrine, are crying for food.  Meanwhile he contends with assassination attempts, Mafiosi, drug dealers, sinister bankers, and inept cardinals.  Fo’s point is that it is easy for a rich church to rage against abortion when millions are born into poverty, and become victims of the drug trade, from which people under the Vatican’s protection can fill their pockets.

Bill Donohue has protested, albeit unsuccessfully.  As a university spokesman said, this is "a mainstream production."

Rob

Tuesday, September 19, 2006

Conscience & Airport Taxis

Here is an interesting new venue for the battle over rights of conscience; the response of airport officials is encouraging.

Rob

Religion of Violence / Religion of Greed

Uber-megachurch pastor Joel Osteen may be the only person left who has not commented on the fallout from Pope Benedict's speech.  But the brand of the Gospel preached by Rev. Osteen -- little talk of sin, lots of talk of financial prosperity -- informs my reaction to the fallout; in particular, to any suggestion that the violence of some Muslims must be attributed to the faith tradition they proclaim. 

The fact that Rev. Osteen's congregation has become the largest in the nation, having taken over a major sports arena, tells us something about the state of American Christianity.  So does the fact that Time magazine saw fit to devote its current cover to the question, "Does God Want You to Be Rich?"  So does the fact that the vast majority of citizens in the most intensely consumer-driven society in history are quick to identify themselves as Christians. My intimate knowledge of greedy Christians (including myself) does not lead me to dismiss Christianity as a religion of greed.  It simply brings to mind G.K. Chesteron's famous saying, "Christianity has not been tried and found wanting; it has been found difficult and not tried."

It is beyond dispute that a deplorable amount of violence in the world today is the work of Muslims.  And yes, many find explicit justification for their acts in certain passages of the Qur'an, just as many wealthy Christians grasp for more wealth while reciting "the Prayer of Jabez."  I'm not an expert on Islam by any stretch of the imagination (though I confess that I enjoyed Karen Armstrong's "Islam: A Short History"), but when I'm tempted to label Islam based on the headline-making work of its followers, I need to ask whether I'm ready to label my own faith based on similar criteria.

Rob

Monday, September 18, 2006

Miller on Benedict on Islam

Villanova law prof Robert Miller has weighed in on Pope Benedict's quote:

Now, in one sense, it’s clear that, in context, Benedict was not endorsing the statement that every innovation of Mohammed was “evil and inhuman”; by no means do we endorse all the words we quote. Such scholarly niceties, however, are largely irrelevant here. Given the exquisite sensitivity that European politicians generally show for Muslim sensibilities, when a pope, speaking in public and before television cameras, quotes a text embodying a statement that will predictably result in explosive anger in the Muslim world, does so without needing to quote the specific language to make his point, does not expressly disavow the offending statement when quoting it, and even endorses a larger point that the author of the quotation is making, a decent respect for the intelligence of the man on the Throne of St. Peter demands that we conclude that he quoted the text intentionally, knowing what the consequences would be, and did so for a reason.

And I have a suggestion as to what that reason might be. The rumor has long been that Benedict intends to take a new diplomatic approach toward the Muslim states, an approach based on reciprocity, i.e., a demand that the religious freedom accorded by European states to their Muslim minorities be accorded by Muslim states to their Christian minorities. He intends, in other words, to hold Muslim states to the same standard that the Western states hold themselves. This would be a significant break with the diplomacy of John Paul II and former Vatican Secretary of State Cardinal Angelo Sodano, which avoided criticism of Muslim states in the hopes of obtaining good treatment for Christians living within their borders. Under Benedict XVI, it seems, there will be no more appeasement.

* * * *

Still, Benedict went about this noble business in a very imprudent way. The statement he quoted—that everything new Mohammed brought was “evil and inhuman”—is simply untrue and so obviously hurtful that it will prevent anything else the pope might say from getting a hearing. Given the predictable reactions in the Muslim world, it is patently counterproductive to try to make the legitimate point that Muslims have sometimes used violence to spread their faith by quoting, even without endorsing, the untrue and much more sweeping statement that everything peculiar to Islam is “evil and inhuman.” If Benedict wishes to call Muslims to account for wrongful acts, current and historical, committed by Muslims against Christians, well and good, but he ought not do so by grossly overstating the case in an obviously provocative way that he himself does not believe and then apologize in stages for having done so.

The larger point, however, remains. When the pope reminds the Muslim world that Islam has sometimes been spread by the sword and implies that Muslims ought to acknowledge and deplore this, some Muslims respond violently and many respond angrily. No matter what the pope may have said, firebombing churches or shooting nuns is a morally unacceptable reaction and represents a level of moral wrongdoing out of all proportion to the offense, even if that offense be as bad as perceived. I would not have made the point quite as Benedict did, but in opening a frank conversation about the historical use of force by Muslims in spreading their faith, Benedict has done the world a service.

Saturday, September 16, 2006

The Times on Benedict

It should hardly be surprising that the New York Times has jumped on the opportunity to criticize Pope Benedict's comments about Islam.  What is somewhat surprising is the sloppiness of their analysis.  Consider this statement from today's editorial:

A doctrinal conservative, his greatest fear appears to be the loss of a uniform Catholic identity, not exactly the best jumping-off point for tolerance or interfaith dialogue.

I'm not sure what a "uniform Catholic identity" is, nor how it flows from Benedict's emphasis on doctrinal orthodoxy.  More fundamentally, why would a clearly defined communal identity preclude dialogue with other communities?  I wouldn't expect the Times editors to be familiar with Benedict's own work on these issues, but is it too much to expect a passing familiarity with Habermas?  His influential "discourse ethics" holds that the promise of meaningful dialogue turns on the substantive norms provided by a specific community.  Habermas argues, for example, that "it would be utterly pointless to engage in a practical discourse without a horizon provided by the lifeworld of a specific social group."  I agree that Pope Benedict displayed a lack of sensitivity in selecting the 14th century quotation (a quotation that, in my reading, was entirely unnecessary to his broader analysis), but that's no basis for contending that his doctrinal orthodoxy somehow disqualifies him from meaningful interfaith dialogue.

Rob 

Friday, September 15, 2006

Casey on Abortion

A transcript of yesterday's Pope John XXIII lecture by Bob Casey at Catholic University Law School can be found here.  Much of the lecture consists of moral claims to which few reasonable citizens could object; he treads most gingerly when he speaks, as a pro-life Democrat, on the question of abortion:

There have been times when members of my party have vigorously opposed me because of my position on abortion. And those of you with long memories can recall a dark night in 1992 when the national Democratic Party insulted the most courageous pro-life public official in our party who simply asked that those who believed in the right to life be accorded the right to speak. But things have changed over the ensuing 14 years. I have been encouraged to see Democrats in this new century becoming more open to people who are pro-life. The common good can be advanced by working towards common ground.

For example, pro-life Democrats in the House are on the verge of introducing legislation that would work toward real solutions to our abortion problem by targeting the underlying factors that often lead women to choose abortion. As a public official, I will continue to work within the party to ensure that Democrats are welcoming and open to such initiatives.

Abortion is clearly an important life issue, and as a Catholic, I understand that life extends beyond the womb. In my view, neither party has gotten it right when it comes to life issues. We can't realistically expect to tackle the difficult question of abortion without embracing the "radical solidarity" with women who face a pregnancy that Pope John Paul II spoke of many years ago.   

If we are going to be pro-life, we cannot say we are against abortion of unborn children and then let our children suffer in degraded inner-city schools and broken homes. We can't claim to be pro-life at the same time as we are cutting support for Medicaid, Head Start, and the Women, Infants, and Children's program. I believe we need policies that provide maximum feasible legal protection for the unborn and maximum feasible care and support for pregnant women, mothers, and children. The right to life must mean the right to a life with dignity.

Rob