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, January 12, 2006

More on Subsidiarity and Katrina

My colleague Elizabeth Brown takes issue with my subsidiarity-driven endorsement of New Orleans' plan to allow residents to redevelop in any area of the city for a period of one year, subject to the city's right to close down sections that don't achieve a critical mass of redevelopment:

If the residents were assuming ALL of the costs for bringing back their neighborhoods, it would be a legitimate plan. The principle of subsidiarity holds that nothing should be done by a larger and more complex organization which can be done as well by a smaller and simpler organization. Subsidiarity only works when those at the local level not only have information about their own wants and needs but the means to implement their decisions when freed from top down constraints. That is not the case in New Orleans.

Unfortunately, citizens who build in flood plains (and the entire Ninth Ward is a flood plain) do not bear the entire costs for locating their homes and businesses there. The cost of the levies which have been constructed and maintained by the Army Corps of Engineers is borne by a much wider group than the impoverished residents of the Ninth Ward.  It is borne by you and me and a significant portion of the population outside of Louisiana.  To build levies that could withstand a Level 5 Hurricane, which would be necessary to prevent the area from flooding again, would cost billions of dollars. It would be better to compensate the residents by buying their land now and having them resettle elsewhere than to continue to subsidize their precarious existence in the Ninth Ward.

My father, who served in the Army Corps of Engineers for 27 years and worked at the Waterways Experiment Station where the Corps attempts to devise plans to control the flooding of the Mississippi, frequently commented that it would be better for society if politicians stopped allowing people to build in flood plains because the costs of disaster relief when the inevitable flooding occurred and the costs of rebuilding was not borne by the people who lived there and that the benefits (a beautiful river view, flat land for farming, relatively cheap land for housing (as in the Ninth Ward), etc.), which were concentrated in the hands of few, did not exceed the costs.

The plan as outlined in the New York Times actually seems cruel because people could squander their funds trying to rebuild only to have the city close the area after a year.  I can guarantee you that the city will spend less compensating them a year from now than they would have to pay now. If they had to buy out the residents today, the residents would have a decent argument that they should be paid the pre-Katrina value of the land now in order to prevent them from trying to rebuild. If the city waits a year and then condemns the land after the residents have either abandoned it or failed to make a go of it, then the city will have to pay only then current value of the land, which would be considerably less then the pre-Katrina value.

These are all valid and valuable points, but I think subsidiarity would caution us against a straightforward cost-benefit analysis in this context, or at least encourage us to build into the cost side of the equation the cultural cost incurred by the Ninth Ward's demise. The Ninth Ward became culturally distinct, at least in part, because of our society's persistent disregard of poor blacks. This disregard may be exacerbated by ignoring the neighborhood's cultural distinctiveness and historical meaning -- we can't just bulldoze the community and scatter its inhabitants to the wind, government checks in hand.  Or at a minimum, we need to consider the loss of meaningful community that accompanies the physical destruction of a place, keeping in mind that lives unfold and relationships are built in neighborhoods that are by no means fungible.

Rob

Wednesday, January 11, 2006

Wheaton's Divisive (and/or Courageous) Stand

Scot McKnight, author of an article about the evangelical-Catholic conversion phenomenon titled, From Wheaton to Rome, chimes in on the Wheaton College controversy:

Is the Roman Catholic commitment to the authority of the Church tradition inconsistent with [Wheaton's faith] statement? I think not.

Here’s what many of us would also say: what Wheaton is actually doing is not claiming the authority of Scripture over against the dual authority of Scripture and Tradition, but affirming one tradition’s interpretation of Scripture over against another (the RC one). In other words, it is saying “evangelicals are not Roman Catholics.” It wants to define evangelical in such a way that it affirms the five hundred year-old debate that has separated them: evangelicals are not Catholics.

There is no reason here to get into protracted debates that have occupied theologians for five hundred years. Wheaton has the right to do what it did; I doubt myself that it is as clear-cut as the newspaper article’s representation makes it. My understanding is that the Tradition of Roman Catholicism is not an equal authority but the divinely-blessed carrying on of that biblical authority.

And over at First Things, Joseph Bottum brings a different perspective:

The problem, really, is the difficulty in crafting a faith statement that can be signed by every Protestant—from the highest of high-church Anglicans to the lowest of low-church fundamentalists—but can’t be signed by any Catholic. In the end, all such things are likely to run on a wink and prayer, which says a great deal about the incoherence of some Christian disunity. And the whole thing is sadly hard on Professor Hochschild, who has suffered a pay cut to teach at a Catholic school, and only because he has taken a principled stand on questions of faith—which is the exactly the lesson schools like Wheaton hope to teach.

And yet, principled stands are supposed to cost something; otherwise, they’re not stands but merely poses. In the end, Wheaton is, I think, to be applauded for trying to prevent the decline of religious identity . . . .

Getting rid of a serious, principled, and popular medieval philosophy professor is a sad example of the cost of Christian divisions, against which we pray ut unim sint: that they may be one. But until those divisions are healed, the shared Catholic and Protestant struggle to maintain religious identity in a secularized culture will occasionally create such disturbing incidents. If Catholics are concerned—as they ought to be—about the Catholic identity of their own colleges and universities, then they must accept the right and even duty of Protestant schools to maintain a Protestant character.

Rob

UPDATE: Here are two statements by Wheaton College president Duane Litfin (offered in 1998 and 2004) explaining the no-Catholic policy in more detail.

Subsidiarity and Katrina

On Saturday at the annual conference of the Christian Law Professors Fellowship in Washington D.C., I presented a paper exploring subsidiarity's implications for the Katrina recovery effort.  One of the thorniest issues is the apparent need to close down particular areas of New Orleans given the likelihood that the city's post-Katrina population will be drastically reduced and the economic base will not be sufficient to support the city's pre-Katrina physical boundaries.  The Urban Institute had suggested that certain areas be closed to redevelopment given their vulnerability to flooding.  That sort of top-down imposition on an issue so central to the vitality of individuals and their local communities stands in significant tension with subsidiarity's bottom-up approach. 

The Bring Back New Orleans Commission established by Mayor Nagin now seems poised to embrace subsidiarity's rationale (even if subconsciously), proposing that residents be allowed to redevelop any neighborhood, but if a neighborhood lacks a critical mass of residents after one year, the city can close it down.  Residents in vulnerable neighborhoods wil be assuming the risk when they come back, but at least they will have the power and opportunity to reclaim their communities, one house at a time.  Even in the wake of a disaster so immense that collective planning seems to be the only hope of a viable social order, subsidiarity reminds us that prospects for long-term, sustainable redevelopment will rest not only on grand blueprints and generous funding, but also on the creation of opportunities for local empowerment through which the victims of the disaster become the authors of their own recovery.

Rob

Monday, January 9, 2006

Wheaton's Narrowness

As a convert to Catholicism with a sister who is a Wheaton College grad and a mom who is a Wheaton College prof, I've been troubled by the Joshua Hochschild story since the news broke a while back.  The WSJ article tries to situate Hochschild's firing within the broader higher ed trend of schools recapturing their Christian identities.  It's an awkward fit, for two reasons. 

First, Wheaton College is not recapturing anything; a convert to Catholicism would have been fired from the faculty twenty years ago, fifty years ago, or one hundred years ago.  This is a case of the institution trying to enforce previously unquestioned boundaries on its engagement with other faith traditions.  (And yes, Catholicism would be viewed as another faith tradition.)

Second and more significantly, Hochschild's firing has nothing to do with a school like Notre Dame trying to hire more Catholics.  Notre Dame wants to maintain a critical mass of Catholics in order to ensure a distinctively Catholic identity.  Wheaton wants to exclude any non-evangelicals in order to ensure an exclusively evangelical identity.  For higher education, that's a key difference.

My discomfort with Wheaton's stance is exacerbated by the fact that we're not talking about the Amish seeking to maintain a fortress mentality against the outside world.  Wheaton College is no inward-looking bunch of folks -- in fact, the school prides itself on its prominent academic ranking and achievements.  Shielding themselves from intellectual or spiritual pollution through unhelpful and outdated categorical Catholic-Protestant distinctions compromises Wheaton's mission.  But railing against religious discrimination in general does not facilitate a productive conversation on this issue, for I fully support institutions that take religious identity seriously.  A more prudent course is continued evangelical-Catholic engagement in an effort to show that for a school devoted to shaping followers of Christ in an academically rigorous environment, Joshua Hochschild is an asset, not a threat.

Rob 

UPDATE: Open Book has an extensive conversation going about the WSJ article.  From the comments, here's an interesting perspective from a Wheaton grad / Catholic convert on why a path beginning in Wheaton often leads to Rome:

I am another whose journey to Rome began as a student at Wheaton (BA '79, MA '85) Why so many of us? Wheaton's emphasis on integration of faith and learning is really very Catholic in its understanding of reason and revelation. Catholic schools could learn from them how to implement the perspective of Fides et Ratio across the curriculum. Also, there was a strong emphasis on history -- I was required to take both the history of philosophy and theology (one year of each) as an undergraduate religion major. My encounter with the Church fathers in historical theology planted the seed that would eventually lead me to Rome. There was an emphasis on serving the "Christ and his kingdom" in both evangelistic and social outreach that is quite consonant with Catholic teaching. The way I was taught to do historical critical study of scripture from the perspective of faith is quite consistent with Dei Verbum and other Catholic magisterial teaching (I encourage my Catholic seminary students to read Evangelical biblical scholarship). The pervasive attention to Lewis, Tolkien and others at Wheaton formed my imagination in sacramental directions. A popular slogan at Wheaton was "all truth is God's truth" and the goal of Christian higher education was presented as the integration of all truth into a coherent Christian worldview. By this concern for fullness of truth centered in Christ, Wheaton invariably starts many (I'm not sure how many) on a road leading to that fullness of truth found within the Roman Catholic Church.

So if they're really worried about the school losing its evangelical identity, instead of firing the Catholic, maybe Wheaton would be better advised to stop teaching Aquinas . . .

Friday, January 6, 2006

George on Academic Freedom

Robert George defends academic freedom against those who ask, "Doesn’t the defense of academic freedom collapse into the self-stultifying denial of the possibility of truth? Doesn’t it make freedom, rather than truth, the ultimate academic value?"  George invokes the Second Vatican Council in countering that we must "respect freedom even where truth is known securely" because:

[F]reedom—freedom to inquire, freedom to assent or withhold assent as one’s best judgment dictates—is a condition of the personal appropriation of the truth by the human subject—the human person—for the sake of whom—for the flourishing of whom, for the liberation of whom—knowledge of truth is intrinsically valuable. And it is intrinsically valuable not in some free floating or abstract sense, but precisely as an aspect of the well-being and fulfillment of human beings—rational creatures whose flourishing consists in part in intellectual inquiry, understanding, and judgment and in the practice of the virtues which make possible excellence in the intellectual question.

Rob

Thursday, January 5, 2006

The Pro-Life Cause (as imagined by Peter Singer)

Peter Singer has weighed in on the scandal surrounding Korean scientist Woo-Suk Hwang's flawed stem cell research (HT: CT), arguing that the ethical implications of the research strike a mortal blow to the pro-life movement:

[T]he ethical significance of such research goes far beyond the undoubted importance of saving critically ill patients. Proving the possibility of cloning from the nucleus of an ordinary human cell would transform the debate about the value of potential human life, for we would find that potential human life was all around us, in every cell of our bodies.

For example, when President George W. Bush announced in 2001 that the US would not fund research into new stem-cell lines that are created from human embryos, he offered the following reason: Like a snowflake, each of these embryos is unique, with the unique genetic potential of an individual human being.

But it is precisely this reasoning that is threatened by what Hwang and his team claimed to have achieved. If it is the uniqueness of human embryos that makes it wrong to destroy them, then there is no compelling reason not to take one cell from an embryo and destroy the remainder of it to obtain stem cells, for the embryo's unique genetic potential would be preserved.

This possibility highlights the weakness of the argument that abortion, too, is wrong because it destroys a genetically unique human being. By this reasoning, a woman who finds herself pregnant at an inconvenient time could have an abortion, as long as she preserves a single cell from the fetus to ensure that its unique genetic potential is preserved.

Maybe I'm not privy to the conversations where these arguments are being made, but the thrust of the pro-life argument as I understand it is not that fetuses should be protected because they are genetically unique, but because they are human beings.  (On this front, of course, Singer retreats to his longstanding claim that human life is valuable not as human life but only to the extent that it exhibits certain functions -- functions conveniently not exhibited by embryos, fetuses, or even infants.)

Rob

Wednesday, January 4, 2006

Praising God in West Virginia

In the wake of the Asian tsunami, we explored the intellectual quandary that suffering poses for those who believe in God.  In the wake of the awful turn of events in West Virginia, a slightly different question arises: to what extent should Christians attribute the mining accident to God, and how should that inform our response?  Here's an excerpt from the news coverage of the mining accident:

[A local resident] said the tragedy has shaken the faith of some in the community, who "don't even know if there is a Lord anymore," she said. "We had a miracle, and it was taken away from us."

John Casto was at a church where families had gathered when the false report arrived, and later when the terrible news was announced. After the first report, "they were praising God," he said. After the second, "they were cursing."

Let me make clear that I would likely have shared the reactions of the family members, praising God at the seeming miracle, cursing as it was snatched away.  But nevertheless the sequence makes me wince: if God is responsible for the miners' rescue, is God not also responsible for their deaths?  And if God is responsible for both, should not Christians praise God for his sovereignty regardless of the outcome?  But if the miners' deaths flow from the fallen state of the world and were not specifically brought about by God's design, does God deserve praise when rescuers' heroics overcome nature's operation?

It seems that there are three potential responses in this context: praising God for his sovereignty regardless of whether the miners happen to be rescued, leaving to the realm of mystery whether God intervened in the created (and fallen) order in any particular context; attributing the fate of the miners to human and natural forces and leaving God out of the equation; or praising God when the results comport with our understanding of how God should exercise his sovereignty and cursing when the results conflict with that understanding, implicitly assuming that the preferred results are evidence of God's specific intervention.

My inclination is that the first option most clearly reflects humanity's relationship with God (though I can't claim to have successfully followed it in the midst of my own suffering), as beautifully expressed by the classic hymn:

When peace, like a river, attendeth my way,
when sorrows like sea billows roll;
whatever my lot, thou hast taught me to say,
It is well, it is well with my soul. 

Note that this sentiment does not preclude us from working to alleviate suffering, but simply establishes God's sovereignty in the midst of that suffering.  Other thoughts?

Rob

Tuesday, January 3, 2006

"The Abuse of Popular Credulity"

Howard Friedman reports on a bizarre case in Italy that seems to hinge on the defendant's ability to prove that Jesus Christ existed.

Rob

Saturday, December 31, 2005

Time to Get a New Lawyer . . .

I'm not sure whether a private school in California will be held liable under state discrimination laws for kicking out two girls who confessed having "lesbian" feelings for each other (HT: ACS), but I'm fairly confident that the following argument offered by the girls' attorney is not going to carry the day:

"There's a lot of hypocrisy going on here," [the attorney] said. "The school is claiming the girls were expelled because their conduct wasn't within the Christian code. But at the same time, (the school) has students who aren't Christians and are even Jewish."

Rob

Those Crazy (Teenage) Evangelicals

The New York Times often gives the impression that seriously religious folks, especially evangelical Christians, are three-horned creatures that just dropped in from outer space.  I initially wondered why the paper was giving such prominent coverage yesterday to a new study's fairly ho-hum findings that four percent of American teenagers attend youth group at a church different than the one their families attend.  The significance of the study, I soon learned, is that it gave the Times a chance to talk about just how creepy those youth group activities are.  The thesis is evident in the article's conclusion:

The band played a simple rock song, and everybody shouted the lyrics over and over: "Bless the Lord with all that's in me. Bless the Lord. May kingdoms fall and rulers crawl before your throne."

Emily threw her head back and sang and sang. Then she fell to her knees. Bent forward at the waist, rocking, she sang into her curled body what others shouted to the rafters: "I want to give you all of me. I'm giving you all of me."

The conclusion has nothing to do with the study or its findings, of course.  But readers are now on notice that the three-horned creatures are targeting our teenagers. 

Rob