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, November 10, 2008

Does Religion Make Us Nice?

From Slate, an interesting essay on the effect of religion.  From the opening:

Arguments about the merits of religions are often battled out with reference to history, by comparing the sins of theists and atheists. (I see your Crusades and raise you Stalin!) But a more promising approach is to look at empirical research that directly addresses the effects of religion on how people behave.

Studies show that religious Americans tend to be happier and more generous than their secular counterparts.  But what explains the relatively happy and godless Scandinavians?  The author suggests that religion's positive effect is more about community than belief:

The Danes and the Swedes, despite being godless, have strong communities. In fact, Zuckerman points out that most Danes and Swedes identify themselves as Christian. They get married in church, have their babies baptized, give some of their income to the church, and feel attached to their religious community—they just don't believe in God. Zuckerman suggests that Scandinavian Christians are a lot like American Jews, who are also highly secularized in belief and practice, have strong communal feelings, and tend to be well-behaved.

American atheists, by contrast, are often left out of community life. The studies that Brooks cites in Gross National Happiness, which find that the religious are happier and more generous then the secular, do not define religious and secular in terms of belief. They define it in terms of religious attendance. It is not hard to see how being left out of one of the dominant modes of American togetherness can have a corrosive effect on morality. As P.Z. Myers, the biologist and prominent atheist, puts it, "[S]cattered individuals who are excluded from communities do not receive the benefits of community, nor do they feel willing to contribute to the communities that exclude them."

Dane on Civil Marriage

Rutgers law prof Perry Dane has posted his paper, A Holy Secular Institution.  From the abstract:

This article examines the notion that civil marriage is a "wholly secular institution." It concludes that the "secular" and "religious" meanings and institutions of marriage are so intermeshed in our history, legal and religious imagination, and doctrine that trying to wall off "civil marriage" from religious considerations is neither possible nor desirable. The idea of "marriage" is a piece of intellectual and cultural "capital" common to both church and state, and changes in the meaning of that idea would have both secular and religious implications. Moreover, the institutions of "civil" and "religious" marriage are not as easily divisible as many believe. Religious believers are legitimate stakeholders in any debate over the meaning of civil marriage.

All this is not to suggest that religious objectors should have a veto on the recognition of same-sex marriage in civil law. Indeed, this article does not reach any bottom-line conclusion on the marriage controversy. The intermeshing of the secular and religious dimensions of marriage does have practical consequences, which the article discusses. But those consequences cut both ways, in the manner of interlocking opposites. This article's overriding goal is to illuminate the playing field, not to score points for one side or the other.

Wednesday, November 5, 2008

Hiring conference reception

If any MoJ readers will be participating in the AALS hiring conference in Washington, D.C. this week, please stop by and say "hi" at the reception sponsored by the religiously affiliated law schools.  It runs tomorrow night from 7:30 until 9:00 in the Hoover Room at the Marriott Wardman Park. 

Monday, November 3, 2008

Bishop Finn on the Catholic Obama Voter

On my drive home tonight I was listening to Hugh Hewitt interview Bishop Robert Finn of Kansas City.  Bishop Finn seems to be saying that a faithful Catholic cannot vote for Barack Obama.  An excerpt:

HH: I’m talking with Bishop Robert Finn of the Archdiocese of Kansas City. Bishop, I’ve had Archbishop Chaput on this program, I’ve read Cardinal Rigali’s letter as well. And still I have people come up to me in places like Ohio and Minnesota after I’ve done this last week when I was traveling around, tell me that their local priests are counseling them it’s okay to vote for Barack Obama, it’s okay to vote for a candidate who’s radically pro-choice because of other reasons. If such a priest if known to you in your diocese, do you discipline them.

RF: Well, we certainly have to talk in a very serious way. I think priests are subject to many of the same limitations as other people. They may have grown up in a particular partisan household that favors a candidate regardless of their moral stance. They’re among those people who want to look for a way to rationalize their conscience. But yes, as a bishop, I have to try to hold my priests accountable for misleading people. 

Now perhaps he's saying that, in his estimation, there are no sufficiently compelling moral reasons to justify a vote for Senator Obama.  But throughout the interview, he never acknowledges that the voting decision could encompass issues other than abortion.  In other interviews, he has labeled the Obama voter as a "participant in the act of abortion" without even mentioning the role that intent plays in the voter's culpability.  It is perfectly reasonable to take issue with my willingness to vote for Obama despite his horrendous views on abortion; that does not make me a participant in abortion.  I have no doubt that Bishop Finn is sincere and well-intentioned, but he is removing any nuance from the Catholic voter's analysis.  And he's invoking the specter of eternal damnation for those who continue to insist on a more nuanced approach.  Maybe Bishop Finn has given a more comprehensive account of Catholic teaching on conscientious voting in other media appearances; if so, it is a shame that this one-dimensional account is the one that is gaining the media traction.

UPDATE: Thanks to a reader in Kansas for forwarding Bishop Finn's letter setting forth the more familiar (and more nuanced, in my view) analysis of Forming Conscience for Faithful Citizenship, which acknowledges the moral relevance of a voter's intent and the possibility of proportionate reasons for favoring a pro-choice candidate.

Tuesday, October 28, 2008

Can a faithful Catholic oppose progressive taxation?

There's been a lot of blogging on MoJ about abortion during this campaign season (for good reason), but tax policy has not gotten a lot of attention.  Obviously, faithful Catholics can disagree about what sort of tax policy best promotes the common good.  However, some of John McCain's and Sarah Palin's recent statements about taxes seem to be in a bit of tension with Catholic teaching.  Both have categorically condemned Obama for wanting to "redistribute wealth" or for wanting to "redistribute your hard-earned money."  I don't have any reason to think that McCain actually believes what he's saying.  He's smart enough to know that our current tax system involves a significant amount of redistribution, and I don't see how any of his proposed policies will change its fundamental nature.  (E.g., isn't his proposed mortgage rescue plan a radical redistribution of wealth?)  But his rhetoric is not harmless.  His crowds are booing the very suggestion that a just society will rely, at least in part, on progressive taxation in order to help provide for the less fortunate.  To be sure, it would be perfectly reasonable -- and consistent with Catholic social teaching -- for McCain to challenge the wisdom of Obama's proposed tax increases.  Recently, though, he also seems to be challenging a key premise of Church teaching on economic justice.

Friday, October 24, 2008

Religious education in Germany

I spent today at Humboldt University in Berlin participating in a roundtable discussion about the role of religion in the American and German educational systems.  It was fascinating, partly because, I confess, my understanding of religion's role in public education in Europe is so dominated by the case of France.  The French and German approaches, I've learned, do not resemble each other in the least.

Continue reading

Tuesday, October 14, 2008

The Vocation of the Child

Those of us looking to get an early jump on our Christmas shopping should be ecstatic that Patrick Brennan's indispensable new book, The Vocation of the Child, is now available.  Here's the description:

Rather than discussing their possible vocation, discussions of children tend to center on their rights or duties. Does God have intentions for their young lives — before they grow up and become “real” people?  Distinguished jurist Patrick McKinley Brennan has gathered sixteen authors to approach this idea in various ways, from historical to psychological to theological. The authors explore throughout whether it is possible for adults to either squander their children’s vocations or instead to help discover and embrace them.

My contribution to the book analyzes the teachings on childhood and salvation set forth in the Christian sacramental, covenantal, and conversional traditions, and analyzes how the lenses provided by those traditions shape our critique of modern law's conception of "the best interests of the child."  The book features contributions from a variety of interdisciplinary scholars, including some familiar to the MoJ crowd such as John Witte, John Coons, Charles Glenn, and Chuck Reid.  Kudos to Patrick for putting this all together.

Friday, October 10, 2008

Connecticut Sup Ct mandates SSM

The Connecticut Supreme Court has overturned the state's ban on same-sex marriage.  The majority opinion is here.  From the introduction:

We . . . conclude that (1) our state scheme discriminates on the basis of sexual orientation, (2) for the same reasons that classifications predicated on gender are considered quasi-suspect for purposes of the equal protection provisions of the United States constitution, sexual orientation constitutes a quasi-suspect classification for purposes of the equal protection provisions of the state constitution, and, therefore, our statutes discriminating against gay persons are subject to heightened or intermediate judicial scrutiny, and (3) the state has failed to provide sufficient justification for excluding same sex couples from the institution of marriage.

I would file this under "rulings that Senator Obama wishes could have waited until mid-November."

Thursday, October 9, 2008

Get Religion

One of my favorite blogs is "Get Religion," devoted to analyzing the media's generally ham-handed coverage of religion.  It is an especially good read during campaign season.  Yesterday's post looks at the New York Times' recent article on the Catholic Church being "riven by internal debate."

Tuesday, October 7, 2008

My problem with Palin

I consider myself to be a pro-life feminist, but I have a confession: I am not a fan of Sarah Palin.  She might be a wonderful woman with a powerful life story, but her candidacy embodies a sort of anti-intellectual populism that is deeply troubling to me.  I probably would not have voted for McCain in any event, but his selection of Palin solidified my opposition.  Let me try to explain without resorting to the anti-Palin hysteria I see from the professional pundits.

I was drawn to the Catholic Church, in part, because the Church does not fear the world.  Growing up in evangelical churches, I often had the sense that Christians were supposed to hunker down, circle the wagons, and ride things out until the Second Coming.  Science, secular universities, and even the arts were to be viewed warily as potential threats to one's faith and to a God-centered culture.  (As my brother says, "If evangelicals believe that God will protect our kids in the most dangerous third world mission fields, why do we doubt that God can protect our kids at Harvard?")  I always had the sense that we were playing defense, and not the sort of aggressive defense that seeks to win, but the sort of defense that consists of covering your head and bracing for impact.  The Catholic Church, by contrast, was so secure in the Truth of God's sovereignty that it stood ready to engage the world on the merits.  Seek and celebrate knowledge. 

When I listen to Sarah Palin and witness the rapturous embrace she has received from the GOP base, I'm taken back to my evangelical upbringing.  It is as though she revels in her lack of knowledge, wearing it as a badge that says "I'm one of you, not one of them."  It doesn't even matter, in the end, whether humans lived with dinosaurs, whether global warming is caused by humans, whether she knows any Supreme Court rulings, et cetera.  The point, for many of her followers, is that she does not allow factual inquiry to trump worldview.  Indeed, a major component of the operative worldview is to be extremely wary of factual inquiry.  Nuance is not welcomed -- e.g., when the presidential candidates were asked about evil, Obama was heavily criticized for giving a long answer that includes the need for self-critical reflection, while McCain was celebrated for a two-word response: "Defeat it."  In a changing and uncertain world, our reflexive defense is epistemic certainty, no matter the facts.  It was that way in my church growing up, and it's that way in much of our political discourse now.

This is not a liberal-conservative problem, though the two most obvious recent embodiments of this have been leading figures in the GOP (Palin and George W. Bush).  Conservative figures such as Pat Buchanan and Newt Gingrich, to offer two counterexamples, do not fear factual inquiry and ideas.  They welcome intellectual debates and knowledge.  I may disagree with many of their ideas, but I affirm their willingness to join the debate.

A more sinister ramification of a disdain for factual inquiry is that it lends itself to dehumanizing those who do not share our worldview.  Intellectual engagement and an openness to new ideas is one key way in which we build bridges to "the other."  When our worldview is a closed set, it becomes easier to marginalize.  We can see some hints of this now in the campaign, with Palin, for example, using "East Coast" as a pejorative and saying that Obama "is not a man who sees America the way you see America and the way I see America."  (This is not just a conservative problem, of course, as a competing worldview that has closed itself to intellectual engagement would not even recognize Trig Palin's humanity.)

So when Palin ignores the debate moderator's questions and instead speaks "straight to the American people" with a combination of winks, shout-outs to "Joe Six Pack," inartful colloquialisms, and empty slogans, should it trouble us, as Catholics called to engage this world?  You betcha.