Monday, September 17, 2018
On Friday, I had the privilege of participating in a conference at Fordham Law School commemorating the 20th anniversary of two conferences held there that, in retrospect, initiated the religious lawyering movement 2.0 (i.e., beyond the work of Tom Shaffer and Joe Allegretti). MoJ's own Amy Uelmen did a wonderful job as a co-organizer of the event. A few highlights:
- Strong participation from representatives of the National Association of Muslim Lawyers, an organization that was birthed at those Fordham conferences and is now a flourishing presence in communities across the country. Listening to UW-Madison law prof Asifa Quraishi-Landes describe the group's history, it was a blessing that Muslim lawyers came together to build infrastructure for fellowship and support before 9/11, anti-Sharia legislation, and travel bans inescapably pulled the organization in the direction of civil rights advocacy. NAML brings a formidable litigation presence today, but it's important to recognize that the group was formed by lawyers who wanted to support one another on their faith journeys within the profession.
- Howard Lesnick's work was honored by several speakers, including Emory Christian Ethics prof Darryl Trimiew, who noted that, like Jacob, Lesnick wrestles with God. For Lesnick - a deeply engaged skeptic - the wrestling is the point; the wrestling has not stopped; in the wrestling, there is beauty.
- David Opderbeck called for a new generation of law and religion scholarship, with a redoubled effort to engage the latest in Christian ethical thought and theology, and Russ Pearce noted the importance of identity questions to the religious lawyering movement, both past and future.
Lucia Silecchia and I offered remarks about what insights lawyers might take from Pope Francis's apostolic exhortation, Rejoice and Be Glad. I focused on his lament that some Christians "become incapable of touching Christ's suffering flesh in others, locked up as they are in an encyclopedia of abstractions," and his pointing to Jesus as clearing "a way to seeing two faces, that of the father and that of our brother. He does not give us two more formulas or two more commands. He gives us two faces, or better yet, one alone: the face of God reflected in so many other faces."
This reminded me of John Noonan's Persons and Masks of the Law. Noonan showed how lawyers use abstract principles and legal rules as masks to cover the real people affected by our work (e.g., "foreseeability" in the case of Helen Palsgraf).
How do we train our students to utilize abstract principles wisely without obscuring the faces of those affected by their work? How can we discard the masks without jeopardizing the healthy degree of detachment that is a key component of the rule of law? These are not just insights for lawyers, obviously: to what extent have the bishops employed their own set of abstractions in ways that serve to obscure the faces of abuse victims?
We have not had as many conferences dedicated to such conversations since the Great Recession and ensuing Law School Troubles - ten years ago, we gathered regularly at conferences for, e.g., religiously affiliated law schools, Catholic legal theory, Catholic social thought and law. Understandably, law schools have been focused on more pressing fiscal issues. As the market stabilizes, reconvening with friends and fellow travelers at Fordham reminded me just how important these questions - and our persistent, institutional engagement with them - are to the well-being of our students and the broader society.