Mirror of Justice

Society's Guilt and the Church's Witness

For your Holy Week reading, I recommend Wilfred McClay's essay, "The Strange Persistence of Guilt," published in The Hedgehog Review.  McClay asks, "How can one account for the rise of the extraordinary prestige of victims, as a category, in the contemporary world?"  As a society "that retains its Judeo-Christian moral reflexes but has abandoned the corresponding metaphysics," we retain the burden of sin-shaped guilt but lack "the transactional power of expiation without which no moral system can be bearable."  This helps explain why "claiming victim status is the sole sure means left of absolving oneself and securing one's sense of fundamental moral innocence." 

Others, including David Brooks, have commented on this essay.  I'm most interested in McClay's conclusion:

[T]he persistent problem of guilt may open up an entirely different basis for reconsidering the enduring claims of religion. Perhaps human progress cannot be sustained without religion, or something like it, and specifically without something very like the moral economy of sin and absolution that has hitherto been secured by the religious traditions of the West. . . . without the support of religious beliefs and institutions, one may have no choice but to accept the dismal prospect envisioned by Freud, in which the advance of human civilization brings not happiness but a mounting tide of unassuaged guilt, ever in search of novel and ineffective, and ultimately bizarre, ways to discharge itself.

The capacity of "religious beliefs and institutions" to function as a bulwark against this social phenomenon assumes, of course, that they are not themselves compromised by said phenomenon.  In some circles within American Christianity, there has been a tendency to view life in a pluralist society through a victimhood lens.  In other circles, the metaphysical foundations of Christian grace appear to have weakened considerably.  So as we journey into the Paschal Triduum, it bears noting that we are recalling theological truths that are the best type of counter-cultural claims -- i.e., claims that resonate with an authentic and desperately needed vision of the human person. 

Rachel Lu essay on the Douthat/West Conversation

My colleague Rachel Lu wrote this very perceptive essay for The Federalist on the Murphy Institute's  Douthat/West conversation.   She captures the extraordinary generosity and depth of the conversation very well.  I was asked by a reporter why we were so confident that this conversation would be as rich as it turned out to be, and I told her that it was because of a couple of attributes we knew these two speakers shared:  fierce intelligence, a strong faith commitment, and senses of humor.  Rachel confirms this in her essay:

It would be difficult to script a more genial conversation between representatives of the political left and right. Charging headlong into the hard questions, West and Douthat discussed capitalism, white supremacy, traditional sexual morals and more. Neither man at any point lost his poise or sense of humor. In the end, the audience was left wondering: Is there a way to recreate this dynamic elsewhere in America? Why were these two able to venture where so many others have feared to tread?

There is an obvious answer: West and Douthat can understand each other because they are both Jesus freaks. That is to say, their perspectives are shaped in significant ways by a serious Christian commitment.

We're still working on the video link!  It's turning out to be a bit complicated.  Stay tuned!

"Shine Down a Light on Me and Show a Path"

Amidst the ugliness and triviality that seems to define so much of contemporary culture, it is reassuring to know that it is still capable of producing works that sound with the timbre of truth and stir the heart to pine for what is beyond that which the mind fathoms but fails to grasp.  

I heard the song "Shine" by the band Mondo Cozmo the other day for the first time and had what can only be described as an "Easter moment."  The lyrics are here.  I don't know whether others will have the same reaction as I did, but I do wish all MOJ readers and writers a prayerful Holy Week and a joyful Pascha.

Remarkable evening with Ross Douthat and Cornel West at St. Thomas

On Friday, the Murphy Institute hosted a truly memorable conversation between Cornel West and Ross Douthat on "Christianity and Politics in the U.S. Today."  We had about 1,200 people coming from all over the university, as well as the greater Minneapolis and St. Paul communities -- a testament to the appetite in this country for civil dialogue between people of different viewpoints.  And both them lived up to their well-deserved reputations for incisive, principled, generous, and inspiring commentary.  I was privileged to moderate the conversation, and it was one of the most enjoyable 2 hours I've ever spent on a stage!  We will post a link to the video as soon as we can arrange it.  In the meantime, here are a couple of the highlights to look for:  the fascinating debate about whether the term "white supremacy" is applicable to any situation other than the relationship between blacks and whites in the United States; Ross Douthat asking Cornel West:  "What about sex?", and the ensuing discussion; and the very last audience question, from a 16 year old Latina woman, and both responses.

Here's a picture taken right after the program, showing (from left to right), Dr. Julie Sullivan (President of UST), Cornel West, Ross Douthat, Seanne Harris (the program manager of the Murphy Institute, without whom -- and I mean this very literally -- the program would not have been possible), and me.

More evidence -- in this case, tragic evidence -- about the importance of school choice

St. Anthony's high school in Newark is, after years of struggling, going to close.  This shouldn't have to happen. 

Helfand on anti-Catholicism . . . and Trinity Lutheran

Here's an excellent piece by Prof. Michael Helfand (Pepperdine) on anti-Catholicism and the upcoming Trinity Lutheran case.  (I wrote about the case here.)

Reflections on my time in Rome as a speaker at the conference commemorating Popularum Progressio

I just returned from a three day trip to Rome, where I had the great honor of speaking on the topic of the family at the international conference commemorating the 50th anniversary of Pope Blessed Paul IV's Popularum Progressio. The conference was convened by the new Dicastery for Promoting Integral Human Development (merging prior Vatican offices of Justice & Peace, Cor Unum and others).

I enjoyed my time there immensely -- and, as a speaker, was among the few to receive a personal greeting from the Holy Father. I've included a picture below of that blessed encounter (in which I asked him to bless my family and, recalling his request for work articulating a "new theology of women," gave him a copy each of Women, Sex & the Church: A Case for Catholic Teaching and Promise and Challenge: Catholic Women Reflect on Feminism, Complementarity, and the Church.) The Holy Father addressed the conference, speaking to the need to "integrate" all of the persons of the earth, noting that "the duty of solidarity [] obliges us to seek fair ways of sharing."

Both Cardinal Turksen, prefect for the new dicastery, and Cardinal Müller, prefect for the Congregation for the Doctrine of the Faith, gave truly beautiful introductory remarks. Both began with the anthropological foundations--and transcendent realities--that undergird the Church's work in the world. 

Cardinal Turksen was especially eloquent on the unique God-given nature of the Church's mission in the world. He spoke first of the person's communal nature, the centrality of solidarity with the poor, and the Church's "persevering commitment to the common good." And then, emphasizing the duties the rich have to the poor, he paraphrased Pope Paul VI's use of a quote of Saint Ambrose in Popularum Progressio. St. Ambrose: "You are not making a gift of what is yours to the poor man, but you are giving him back what is his. You have been appropriating things that are meant to be for the common use of everyone. The earth belongs to everyone, not to the rich." 

But he then went on to say that each person must be an "artisan" of his or own destiny, since "every man is born to seek self-fulfillment, for every human life is called to some task by God" (PP, 15). He said, importantly, that the development of the self is derived from the transcendent call of God, and so is "incapable of supplying its own meaning." And thus, he went on to emphasize, now quoting Pope Benedict, that agents of development must be people of prayer. He happily noted that some in the world development community had widened its focus to include more than indices of economic and social transformation in its analysis of development, but that "the Church still contributes something special: prayer."

More Turksen themes: The transcendent character of the human person is the reason the Church  has authority to speak--and must speak--in the world.  Without our acknowledgement of God and of the human person's eternal destiny, development is denied or truncated. The human person may accumulate wealth but does not truly develop. Development is not something done to a person, but is an invitation to answer his vocation, to take responsibility for his own fulfillment. Thus, the principle force in development is the rule of charity: making Christ's love and invitation real to others. 

Cardinal Müller, for his part, spoke of the need to reflect on Gaudium et Spes, the "magna carta" of development, written just before Popularum Progressio, in order to fully understand the nature of the person and his efforts in the world. All the institutions of the Church must always work to reveal God's love to each person: the origin, essence, and mission of the Church must be understood in light of the incarnation, so that the human person might reach his fullness according to the moral and spiritual nature of man. 

The Cardinal differentiated the Catholic approach of development from the many political ideologies especially powerful during the 20th century, but still present in different names or forms today. From the CruxNow article reporting on the conference:

Non-Christian visions of development include the “communist” idea of “creating heaven on earth,” the “utilitarian” idea of seeking “the greatest level of happiness for the most people,” the “Darwinian” or “imperialistic” notion of the survival and thriving of the strongest, and the “capitalistic” vision “with the exploitation of the world and labor.” “If we use these means, we are violating man’s dignity,” Müller said.

Echoing themes from Cardinal Turksen's remarks, Cardinal Müller reminded the participants that we cannot produce God's kingdom on our own strength. We need grace: we must ask the help of the Holy Spirit, the "spirit of charity that sanctifies us." "Even good works are worth nothing if not rooted in the love of God through the Holy Spirit."

He concluded by talking about new forms of "colonialism" conveyed under the term "modernism" or the "well-being society." He said these can be a denial of other cultures that are "authentic expressions of the human...Different people can announce the work of God in another language...the single culture is the culture of God." And finally, we must not forget that each person must be redeemed by overcoming sin within himself. Only this interior struggle against moral evil will allow for the creation of "dignified conditions." 

I could go on, recounting other terrific, eye-opening speeches, offered by cardinals and bishops from around the world, as well as a good number of impressive lay people. But let me turn to my own.

Notably, the section on the family comes right at the heart of Popularum Progressio. Here's much of it: “The natural family, stable and monogamous, as fashioned by God and sanctified by Christianity, —"in which different generations live together, helping each other to acquire greater wisdom and to harmonize personal rights with other social needs, is the [very] basis of society." (PP36) Thus, the title of my talk (as given to me) was: "The Family: Between Personal Rights and Social Needs."

My remarks were self-consciously American, offering a glimpse into our free and prosperous nation, now at risk of "coming apart."

[A]s we think together about integral human development, I hope to offer some lessons from the United States that might serve as a kind of bell-weather for developing nations, so as not to, in the words of Popularum Progressio, “allow economics to be separated from human realities” (PP, 14). As Pope Paul VI warned: “The developing nations must choose wisely from among the things that are offered to them [by the wealthier nations]. They must test and reject false values that would tarnish a truly human way of life, while accepting noble and useful values in order to develop them in their own distinctive way....” (PP, 41)

I focused especially on "the diametric trajectories of the marrying rich and unmarrying poor," given the data on outcomes for the children of each, and that this trend was especially foreboding for both income inequality and the flourishing of the most vulnerable.  I went on to diagnose the decline of marriage among the poor as being, at least in part, due to the especially harsh effects of the sexual revolution upon poor women:

[W]hat has become increasingly difficult to ignore, even for secular thinkers, is the way in which the sexual revolution of the 1960s and 70s dramatically altered the circumstances in which poor women bear and raise their children. The decoupling of sex from marriage and marriage from childbearing, ushered in by the sexual revolution, unraveled a working-class culture of once stable marital bonds that children need and both mothers and fathers relied upon for their success at home and at work, and in all of life.

I then turned to some new data showing that the most well-educated women in the US are getting and staying married at the highest rates of all demographic groups today. 

Whether working outside of the home or exclusively within it, these elite women well understand the unique contributions their husbands make to their children’s well-being and to their own happiness. They well understand that collaboration and “reciprocity” (AL, 54) in their marriages is the surest ticket to their children’s well-being—and to their own.

And then here's the central part of the talk: 

In Amoris Laetitia, Pope Francis rightly notes that “[h]istory is burdened by the excesses of patriarchal cultures that considered women inferior,” and that were sometimes “marked by authoritarianism and even violence.” But recent history, as experienced by poor single mothers in my country and across the Western world and beyond, does not look kindly upon the radical feminist corrective to the harsh inequities that sometimes accompanied traditional marriage. As Pope Francis suggests, these inequities “should not lead to a disparagement of marriage itself, but rather to the rediscovery of its authentic meaning and its renewal.” (AL, 53), since, Amoris Laetitia again, “violence contradicts the very nature of the conjugal union” (AL, 54).

 

Ensuring women’s rights within the family and in society requires strong prohibitions against domestic violence and other forms of violence against women and children; legal protections for women in the workplace; just honors and support for the culturally-essential care work that women disproportionately undertake in all societies, including the most egalitarian; and equal access to food, health care, education and, importantly, political participation.

 

But, in the effort to help families more authentically “harmonize personal rights with social needs,” developing nations with strong family traditions ought not give into the “ideological colonization” that threatens the family from powerful feminist organizations within wealthier nations, especially my own.

 

Equal rights for women does not require that women suppress their fertility, reject their unborn children, or abandon their hopes for a joy-filled, life-long marriage. The feminist response to the sexual asymmetry between men and women—the fact that women get pregnant and men do not—too often demands that women seek a sort of faux-equality with men, by “imitating models of ‘male domination,’” (EV, 99) as Evangelium Vitae put it, in prioritizing abortion and contraception over women’s educational and broader health care needs. Rather, the far better, and indeed more equitable, just and authentically pro-woman response to sexual asymmetry, is to reconfirm in all cultures the essential and distinctive obligations that fathers have in the family, and to reimagine the dynamic collaboration of men and women in the lives of their children and beyond.

 

“We often hear” Pope Francis writes, “that ours is ‘a society without fathers…. In our day, [Francis continues] the problem no longer seems to be the overbearing presence of the father so much as his absence, his not being there” (AL, 177). The Holy Father suggests that “some fathers feel they are useless or unnecessary…[and even that] manhood itself seems to be called into question” (AL, 176).

 

And so, even as we celebrate the progress for women in many countries—and seek to promote it more authentically in still others— we must bring into sharper relief the essential contributions men make as husbands and fathers within the family. Eminent anthropologist Margaret Mead famously said that “the central problem of every society is to define appropriate roles for the men,” as women’s identity has always been caught up in forging life and building relationships, in the home, in the wider community, and now, in a growing number of countries, in the corporate boardroom and the hospital emergency room. With changing roles for women, men are struggling with their identities more than ever; many men are floundering, feeling unneeded, even unwanted, opting out of life through drugs and pornography, or re-asserting their presence through violence and terror.

 

But men are needed in the family today, as they always have been, by their children—and by their children’s mothers. Studies out of the US show that a father in a loving relationship with the mother of his children is far more likely to have children who are healthier, both psychologically and emotionally. And, as it turns out, the single most important determinant of a mother’s happiness is the very same: the father’s commitment to and emotional investment in the woman’s well-being and in that of their children. In addition, both marriage and fatherhood can have a deeply transformative effect on men themselves: they work harder, advance in their jobs, are less likely to commit crimes, have less substance abuse, better health, and importantly, grow in religiosity. The positive impact upon men of marriage and fatherhood—and in turn, of religious faith—redounds not only to the benefit of their wives and their children, but also to their workplaces, their communities, their nations.

 

The rest of the talk is dedicated to the transformative power of indissoluble marriage upon both women and men - and, of course, children.

The primary obligation parents have to their children, after the most basic of necessities, is for their parents to truly love, respect, and honor one another....

 

And thus, we must always affirm that assistance to developing nations does not detract from, but instead promotes the mutual love and collaboration between husband and wife, helping each, as necessary, to recognize the inherent dignity of the other, and teaching them to grow in affection and in trust....

 

And so, it is we, in the Church, who must prioritize the health and strength of every marriage – for who else in the world right now knows how important each and every marriage is to the development of persons and of nations!? The Holy Father again: “As Christians, we can hardly stop advocating marriage…We would be depriving the world of values that we can and must offer” (AL, 35).

 

I conclude (to the great satisfaction, I learned, of the many Africans in the room): 

As Popularum Progressio rightly notes, “many nations, poorer in economic goods, are quite rich in wisdom and can offer noteworthy advantages to others” (PP, 40). As we come together these days to promote the integral human development of all peoples, let us heed the wisdom of those nations that still enjoy rich family cultures and let us learn from them. It is, after all, the meek and the vulnerable, the cared for and the caregivers within the family, who will inherit the earth.

 

Sen. Tim Kaine's misguided and disappointing attack on Judge Gorsuch

Here is a link to Sen. Kaine's op-ed in which he contends that Judge Gorsuch, if confirmed to the Supreme Court, "jeopardizes women's rights."  As we were told often, during the campaign, Sen. Kaine is a practicing, educated, well formed Catholic, and so it is surprising and disappointing that he would, in his piece, present the very idea of "complicity" as if it were something exotic or troubling.  Put aside disagreements about the Court's application of the RFRA in Hobby Lobby and put aside also questions one might have about the religious objections raised in that case or in the Little Sisters litigation.  Kaine writes:

"All of us face the problem of complicity. All of us must answer for ourselves whether and to what degree we are willing to be involved in the wrongdoing of others."

"The wrongdoing of others"? Who are these "others," and what did they do wrong? They are the women who work for Hobby Lobby, and their "wrongdoing" was their desire to make their own choices about using contraception.

Moral questions of complicity in others' behavior had nothing to do with the legal question in this case. The only legal issue was whether the owner's beliefs about contraception conflicted with the ACA. So Judge Gorsuch's decision to inject his own editorial comment about women's "wrongdoing" was an insulting characterization of a personal choice protected by the law. His two uses of the phrase "all of us" also suggest that he was making a point far broader than what the parties to the case had presented to him.

But, of course "[m]oral questions of complicity in others' behavior had . . . to do with the legal question in this case."  The entire point of both sets of cases was that the RFRA claimants objected, for reasons they described as religiously-informed moral reasons, to being required by the coverage mandate to be complicit in what they regarded as wrong.  (Indeed, probably the leading -- even if, to me, unconvincing -- academic criticism of Hobby Lobby focuses precisely on the dangers the authors see in incorporating "complicity" into religious-freedom law.)  I understand, certainly, that Sen. Kaine (and, probably, most people) do not think that, in fact, the conduct in question is "wrongdoing" but that "ha[s] nothing to do with the legal question in [the] case[s]."  (This response by Kaine to a fact-checker reflects a similar mistake.)   

Health Care and the Gospel

That's the title of a new piece by Timothy Stoltzfuss Jost in Commonweal.  The subtitle:  "Where Are the Lawmakers of Faith?"  Tim, who is Mennonite, is Robert L. Willett Family Professor of Law at Washington and Lee University School of Law.  I recommend Tim's piece (here) to all MOJ readers.  I was privileged to be Tim's colleague during 1981-82, which was my final year at Ohio State (before heading off to Northwestern for a fifteen-year stint) and Tim's first year there.

Some Pope St. John Paul II posts, on the anniversary of his death

Here are just a few, from the archives.  RIP.

"The Jurisprudential Legacy of Pope John Paul II" (here).

"Pope John Paul II and the Law" (here).

Calendar of the Beatification (here).  

"Remembering Pope John Paul II" (here).

"MOJ reflections of the first feast of St. John Paul II" (here).

"John Paul II and the Crisis of Modern Times" (here).