Mirror of Justice

A blog dedicated to the development of Catholic legal theory.

Wednesday, February 22, 2017

Is the Catholic Church Anti-Woman?

That's the question the Aquinas Institute at University of Colorado at Boulder is asking UChicago Law Professor Mary Anne Case and me - tomorrow night.  Apparently, it's a sold out event. 

February 22, 2017 in Bachiochi, Erika | Permalink

Wednesday, January 18, 2017

Don't count on CNN for a good title (my real thoughts on the WMW)--and thinking ecologically

CNN contacted me before Christmas to ask if I'd weigh in on Trump and abortion. I was thankful for the invitation as I'd really not said much about his candidacy during the general election. (Rick was thoughtfully expressing many of my own sentiments.)  Like many others, I was more relieved by Hillary's loss than I thought I would be. I am now also hopeful for solid judicial nominations [identity politics warning: perhaps a woman to eventually overturn Roe!] and the life-changing possibilities for poor schoolchildren in a Department of Education that favors school choice. Still, like so many on the left and right, I remain deeply concerned about Trump's character. (I'm hoping Kellyanne Conway provides as much counsel as possible...it'd help as a start if she just took away his phone.)

 

CNN held the piece for weeks, well, until the Women's March on Washington became a...thing. So I contextualized. CNN then took the liberty of suggesting in their title that I was among those concerned about not being included in the march.  Just for the record, though I understand the desire for some pro-life feminists to be represented--to give voice to another perspective--I would never have attended their march to protest a fair election, especially a demonstration that so extols abortion and even links its availability to human rights; my serious concerns with Trump put me too in the wait and see (and pray and write) category. And to further aggravate this pro-lifer, this "women's march" (for half the country's women anyway) is getting far more press than the annual March for Life which generates hundreds of thousands of protesters each year! Thus, my friend Carol Crossed's piece in today's Washington Post is more aptly titled for my way of thinking about all of this. Alas, here's my piece at CNN.

 

More happily titled is the two part series also published yesterday at Public Discourse on how to think ecologically about our culture's current...mess. I think the concepts of human and social ecology are especially helpful in responding to the ubiquitous Millian worldview that considers the "harm principle" as the only just way to think about cultural issues. (JS Mill, by the way, said this:  “[M]isplaced notions of liberty prevent moral obligations on the part of parents from being recognized, and legal obligations from being imposed, where there are the strongest grounds for the former always, and in many cases for the latter also....")

I hope these articles--mining social commentary from the 1990s--help a bit. More to come in months ahead in the form of a law review article... and, if all goes as planned, a book.

January 18, 2017 in Bachiochi, Erika | Permalink

Wednesday, January 11, 2017

Mary Eberstadt and I on Human Ecology this Saturday on EWTN

Mary Eberstadt and I gave back to back presentations at last spring's Human Ecology conference at the Busch School of Business and Economics. EWTN was on location and is airing our talks this Saturday, January 14th from 2-3pm.  Mary's excellent presentation is on religious liberty. A bit from my presentation, which will also be published in Public Discourse later this month: 

When John Paul II used the term “human ecology” in Centesimus Annus, he was entering a robust conversation that was already taking place among social thinkers here in the U.S., and perhaps across the Western world. Since the beginning of the last century, social scientists had been making use of the term to describe the now common idea of society as a complex organism, and to study the myriad ways in which various human surroundings influence the human person. The Russian-American psychologist Urie Bronfenbrenner notably wrote in 1977 of an “ecology of human development” in which one seeks to understand the human subject from within his “nested,” varied and ever-changing arrangement of environmental structures. An ecological approach is one that is intrinsically interdisciplinary, that seeks to integrate diverse perspectives to achieve a wider angle.

 

And so by the 1990s, social theorists from across the political spectrum were thinking ecologically about the dynamic interaction among familial, political, economic, and social influences and how these “mutually conditioning systems” affected children, families and communities across America. The ecological analogue helped a diverse group of thinkers to diagnose, even without agreeing to causes, the growing deterioration of once stable families and communities, the deleterious impact that was having upon the nation’s children and the nation’s poor, and in turn, the consequences of this cultural, or ecological, disintegration upon American institutions. In particular, communitarians such as Michael Sandel, Amitai Etzioni, and our own Mary Ann Glendon, worried together that America’s celebrated free economic and political institutions were actually at great risk of undermining their own foundations due to an erosion of the “moral ecology” or, in Robert Putnam’s term, “social capital” that these free institutions needed to thrive.

January 11, 2017 in Bachiochi, Erika | Permalink

Advice for Prospective Law Students

I often receive inquiries from undergraduates (in my case, women) asking what I recommend they read--or what sorts of summer institutes to attend--to prepare them for law school.  I thought I'd post what I tell them, or some of what I tell them anyway, in the hopes that other MOJers might add their two cents as well. 

As a devoted student (albeit never in the classroom) of Mary Ann Glendon,  I always recommend Rights Talk and Nation Under Lawyers ahead of almost anything else (The Forum and Tower is also quite good for undergrads just cutting their teeth on the Western tradition). I am now happy to add Michael Stokes Paulsen's masterful book, The Constitution: An Introduction to my list of recommended readings. All of the aforementioned are admirably accessible, deeply interesting (well, for one interested in these things!), and perhaps most importantly, clarifying of the debates that have raged up and down the decades in the courts and legal academy throughout our nation's history. 

As for summer institutes, the secret is now out:  Catholic legal thinkers and others conservatives tend to receive much of their intellectual formation beyond the confines of their colleges and law schools. I found the Tertio Millenium Seminar really wonderful when I was a graduate student -- and that was well before the great Russell Hittinger joined the faculty. Other excellent seminars are offered by the Intercollegiate Studies Institute and the Witherspoon Institute. Liberty Fund, Acton Institute and Institute for Justice all have summer seminars too--more libertarian than the others, but worthwhile for the intellectual rigor and companionship. And, of course, we must not forget Notre Dame's Vita Institute

American conservatives--like other Americans-- can be tempted to an unyielding activism (more threatening than ever due to ubiquitous technology) that is unbefitting of conservative ideals. To lead others to take delight in the highest things, and in order to truly be of service to those in need, we must take time for silence, study and contemplation. One hopes these seminars encourage students to form the habits of the intellectual life--habits best articulated in Fr. Sertillanges' great work--so they can meet the coming challenges of our world with clear-mindedness, charity, and wisdom.  

From the Intellectual Life

Do you want to do intellectual work? Begin by creating within you a zone of silence, a habit of recollection, a will to renunciation and detachment which puts you entirely at the disposal of the work; acquire that state of soul unburdened by desire and self-will which is the state of grace of the intellectual worker. Without that you will do nothing, at least nothing worthwhile.

January 11, 2017 in Bachiochi, Erika | Permalink

Saturday, December 31, 2016

The Post-Election Introspection Continues in Boston Magazine

Boston Magazine joins the post-election introspection with this cover article in its January issue, "How Liberal Professors Are Ruining College." (I was especially happy to see the cover centrally displayed while buying local honey in Whole Foods, not a grocer I visit frequently but that is always humming when I do.)  From the article: 

Long known as bastions of progressive thought, and home to the likes of Noam Chomsky and the late Howard Zinn, our region’s schools have always been suspected of putting the “liberal” in liberal arts college. Until recently, though, no one had quantified just how far left higher ed here had drifted. [EB: See note below re this muddled use of the term "liberal."]

 

Last spring, Samuel Abrams, a professor of politics at Sarah Lawrence College, in New York, decided to run the numbers. From the start, he certainly expected liberal professors to outnumber conservatives, but his data—25 years’ worth of statistics from the Higher Education Research Institute—told a far more startling tale: In the South and throughout the Great Plains, the ratio of liberal to conservative professors hovered around 3 to 1. On the liberal left coast, the ratio was 6 to 1. And then there was New England—which looked like William F. Buckley’s worst nightmare—standing at 28 to 1. “It astonished me,” says Abrams, whose research revealed that conservative professors weren’t just rare; they were being pushed to the edge of extinction.

A key trouble for the article's author seems to be the potential radicalization of conservatives if they are pushed further and further underground while at college. (Conservatism is treated as yet another potential personal identity more than a philosophy of education or even of government.) But he is also (somewhat) attentive to the more essential trouble: that in becoming so ideologically monolithic, colleges have abandoned their raison d'etre. Quoting Abrams: “The goal of college is to give you multiple viewpoints and to grow your mind, not to just be comfortable in your own bubble. The real world is not full of progressives.” 

The article hardly provides the sort of introspection offered by Columbia's Mark Lilla in the New York Times just after the election [interesting post-article interview with Villa here], but it does present research and anecdotes that are worth the quick read. Readers are of course offered an easy out in the form of a response provided by the NYT's Paul Krugman: "professors actually haven’t become more liberal, but rather that the meaning of conservatism has changed  and the Fox-ification and now Trump-ification of the Republican Party has pushed highly educated members of the right over to the left." Still, it is something that Boston Magazine is trying to make sense of it all. 

NB: For an excellent essay exploring the distinctive classical and progressive/revisionist understandings of how liberal arts education ought to "liberate," see "Liberalism, Liberation, and the Liberal Arts" in Robbie George's masterful Conscience and Its Enemies. Just a taste of what I think is the book's most important chapter, offering essential insight into the current troubles in the ivory tower: 

Formally, the classical and revisionist conceptions are similar. Both propose the liberal arts as liberating. Both promise to enable the learner to achieve a greater measure of personal authenticity. But in substance they are polar opposites. Personal authenticity, in the classical understanding of liberal arts education, consists in self-mastery--in placing reason in control of desire. According to the classic liberal-arts ideal, learning promises liberation, but it is not liberation from demanding moral ideals and social norms, or liberation to act on our desires--it is, rather, liberation from slavery to those desires, slavery to self...

 

According to the classical liberal-arts ideal, our critical engagement with great thinkers enriches our understanding and enables us to grasp, or grasp more fully, great truths--truths that, when we appropriate them and integrate them into our lives, liberate us from what is merely vulgar, course, or base. These are soul-shaping, humanizing truths--truths whose appreciation and secure possession elevate reason above passion or appetite, enabling us to direct our desires and our wills to what is truly good, truly beautiful, truly worthy of human beings as possessors of a profound and inherent dignity. The classic liberal-arts proposition is that intellectual knowledge has a role to play in making self-transcendence possible. It can help us to understand what is good and to love the good above whatever it is we happen to desire; it can teach us to desire what is good because it is good, thus making us truly masters of ourselves

December 31, 2016 in Bachiochi, Erika | Permalink

Friday, December 9, 2016

Important AR Supreme Court birth certificate ruling

The Supreme Court of Arkansas announced yesterday that the state has a vested interest in continuing to list a child's biological parents on his or her birth certificate. Last year, the county circuit court had allowed three same-sex couples to amend the birth certificates to include both spouses' names without a court order (as required in adoption cases). That decision was overruled. 

Writing the AR Supreme Court's opinion, Justice Josephine Linker Hart explained: "In the situation involving the female spouse of a biological mother, the female spouse does not have the same biological nexus to the child that the biological mother or the biological father has. It does not violate equal protection to acknowledge basic biological truths."  The dissent argued that the inclusion of the parent's name on the birth certificate ought to flow from marriage--not biology.  Find the state court's opinion here.  

Like the legal fiction created by the abortion cases in the use of the term "potential life" to describe the very actual, albeit nascent, vulnerable, and dependent human being whose life is snuffed out by the procedure, Obergefell v. Hodges created another such fiction regarding basic biology.  From the Obergefell Court's opinion: "A third basis of protecting the right to marry...draws meaning from related rights of childrearing, procreation, and education..." And then, "All parties agree, many couples provide loving and nurturing homes to their children, whether biological or adopted." I do not quote these here to dispute the substantive point of the parties' agreement; rather, I seek to emphasize Kennedy's use of the terms procreation and biological children in the context of same-sex relationships. The use of these terms by the highest court in the land--like "potential life" in decades past--is pure legal fiction. To repeat the good Arkansas judge, who is simply upholding a well-grounded tenet of equal protection jurisprudence: "It does not violate equal protection to acknowledge basic biological truths." 

Correction: The original version of this post incorrectly used the postal abbreviation for Alaska. 

December 9, 2016 in Bachiochi, Erika | Permalink

Monday, November 14, 2016

Harvard Law Review issue dedicated to Justice Scalia

Find the brief In Memoriam in the current issue posted here. Justice Kagan's remarks are especially moving. 

November 14, 2016 in Bachiochi, Erika | Permalink

Friday, November 4, 2016

Forthcoming: Debating Religious Liberty and Discrimination

The prolific Ryan Anderson and Sherif Girgis team up once again to engage John Corvino, this time on the religious liberty implications of burgeoning SOGI laws. The point-counter-point book is set to be released by Oxford University Press this spring. 

November 4, 2016 in Bachiochi, Erika | Permalink

Forthcoming: A Liberalism Safe for Catholicism?

Dan Philpott and Ryan Anderson have announced the forthcoming publication of a compilation of 70 years of articles from the Review of Politics. A Liberalism Safe for Catholicism: Perspectives from the Review of Politics is due out from University of Notre Dame Press later this spring.

Here's the summary of the book on Amazon:

In A Liberalism Safe for Catholicism?, editors Daniel Philpott and Ryan Anderson chronicle the relationship between the Catholic Church and American liberalism as told through twenty-seven essays selected from the history of the Review of Politics, dating back to the journal’s founding in 1939. The primary subject addressed in these essays is the development of a Catholic political liberalism in response to the democratic environment of nineteenth- and twentieth-century America. Works by Jacques Maritain, Heinrich Rommen, and Yves R. Simon forge the case for the compatibility of Catholicism and American liberal institutions, including the civic right of religious freedom. The conversation continues through recent decades, when a number of Catholic philosophers called into question the partnership between Christianity and American liberalism and were debated by others who rejoined with a strenuous defense of the partnership. The book also covers a wide range of other topics, including democracy, free market economics, the common good, human rights, international politics, and the thought of John Henry Newman, John Courtney Murray, and Alasdair MacIntyre, as well as some of the most prominent Catholic thinkers of the last century, among them John Finnis, Michael Novak, and William T. Cavanaugh. This book will be of special interest to students and scholars of political science, journalists and policymakers, church leaders, and everyday Catholics trying to make sense of Christianity in modern society.

As a student of the late Fr. Ernie Fortin's, I'm especially happy to see John Finnis' (specially commissioned) response to Fortin's 1982 review of Natural Law and Natural Rights. Finnis pre-released his response to Fortin last year in the American Journal of Jurisprudence, writing:

Of the published reviews of Natural Law and Natural Rights, one of the most, and most enduringly, influential was Ernest Fortin's review-article "The New Rights Theory and the Natural Law" (1982). The present essay takes the occasion of that review's latest republication [in the Philpott/Anderson book] to respond to its main criticisms of the theory of natural law and natural or human rights that is articulated in Natural Law and Natural Rights.

Perhaps one of Fr. Fortin's students will take up the good priest's mantle and offer a response. 

November 4, 2016 in Bachiochi, Erika | Permalink

Thursday, October 27, 2016

Justice Scalia honored at CIC

Don't miss Ed Whelan's beautiful tribute to the late Justice Scalia at NRO today.  

 

October 27, 2016 in Bachiochi, Erika | Permalink