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.

Sunday, November 24, 2019

Christ the King and "Quas Primas"

Re-upping this, from 8 years ago:

In my experience, preachers in Catholic parishes don't know quite what to do with the Feast of Christ the King[.]  Usually, the day's "message" or "theme" has been (again, in my experience) something to the effect that we should ask if we are "putting Jesus first in our lives" (and, certainly, we should). 

And yet . . . especially in light of the emerging (and much needed) focus in the Church on religious liberty and the realities of both aggressive secularism and persecution, it's worth (re-)reading Quas Primas, the encyclical of Pope Pius XI that instituted the feast day in 1925, and remembering that this institution's purpose sounded more in political theology than in personal piety and devotion.  This feast -- which we celebrate, again, this Sunday -- is a reminder that government is not all, that there are things which are not Caesar's, and that everything, in the end, is "under God."

November 24, 2019 in Garnett, Rick | Permalink

Wednesday, November 13, 2019

Sen. Rubio's Catholic University of America speech

A little while ago, Sen. Marco Rubio gave a speech at the Catholic University of America, which -- among other things -- held up the Social Teaching tradition of the Catholic Church (including Pope Leo XIII's Rerum novarum) as a helpful guide to thinking about economic and social policy in the United States.  (Here is a report on the speech, from America magazine.)  Because it was a public address by a politician, it had its share of slogans and bumper-sticker lines, and of high-sounding quotations from the quotable.  In my view, though, it was welcome and should be charitably engaged by those of us who think that tradition has something to say to the project of ordering our lives together and is not the sole property or platform of either of our two major political parties.  There's no need, as I see it, for churlishness or condescension, simply because (a) the Senator is not a trained theologian or (b) he's a Republican who is clearly thinking about a path to higher office.  I thought, for example, the (different) reactions of Stephen Schneck and Chad Pecknold were helpful.  More like this, please. 

UPDATE:  And, less like this (more churlish and partisan) one.

November 13, 2019 in Garnett, Rick | Permalink

Monday, November 11, 2019

Announcing the winners for the Zacharias Prize in Professional Responsibility

From MOJ-friend Prof. Sam Levine (Touro) comes this news:

The winners have been selected for the tenth annual Fred C. Zacharias Memorial Prize for Scholarship in Professional Responsibility.  This year's co-winners are Michael Moffitt, Settlement Malpractice, 86 U. Chi. L. Rev. 1825 (2019), and Jessica A. Roth, The "New" District Court Activism in Criminal Justice Reform, 74 N.Y.U. Ann. Surv. Am. L. 277 (2019). The award will be presented at the AALS Annual Meeting in Washington, D.C., in January.

Congrats!

November 11, 2019 in Garnett, Rick | Permalink

Thursday, October 31, 2019

Remembering the English Martyrs on "Reformation Day"

Martyrs

St. Margaret Clitherow, pray for us!

October 31, 2019 in Garnett, Rick | Permalink

Thursday, October 10, 2019

Happy Charles Martel / Battle of Tours Day

On this day, in 732 A.D. . . .

Martel

October 10, 2019 in Garnett, Rick | Permalink

Wednesday, October 9, 2019

Tocqueville, Leo XIII, associations, and China's "Great Firewall."

I highly recommend this book(s) review, by John Lancaster, in the London Review of Books, called "Document Number Nine."  Among other things, it discusses the striking developments in AI/machine learning and the ways that the PRC's dictatorship is using them for policing, surveillance, rewards, and punishment.  Along the way, though, there was this, which reminded me of the crucial role that both the Catholic Social Tradition and the various instances of Tocqueville-inspired political theory have assigned to mediating institutions:

The point of the state apparatus is not to silence all debate, but to prevent organisation and co-ordination; the ultimate no-no is the formation of any kind of non-party group. The CCP’s goal is not silence but isolation: you can say things, but you can’t organise. That is why the party has cracked down with such ferocity on the apparently harmless organisation Falun Gong, whose emphasis on collective breathing exercises wouldn’t normally, you would think, represent much of a challenge to CCP control of China. But Falun Gong grew popular, too popular – seventy million by 1999, as many as the CCP itself – and had an unacceptable level of collective organisation. So the party set out to destroy it. Two thousand members of Falun Gong have died in custody since the crackdown began.

Given all this, it is frequently the case that outsiders are surprised by the apparent freedom of the Chinese internet. People do feel able to complain, especially about pollution and food scandals. As Strittmatter puts it, ‘a wide range of competing ideologies continues to circulate on the Chinese internet, despite the blows struck by the censors: Maoists, the New Left, patriots, fanatical nationalists, traditionalists, humanists, liberals, democrats, neoliberals, fans of the USA and various others are launching debates on forums.’ The ultimate goal of this apparatus is to make people internalise the controls, to develop limits to their curiosity and appetite for non-party information. Unfortunately, there is evidence that this approach works: Chinese internet users are measurably less likely to use technology designed to circumvent censorship and access overseas sources of information than they used to be.

For my own take (now quite a few years old), check out this article:

In several decisions handed down during its 1999 Term, the United States Supreme Court focused on the freedom of expressive association. Generally speaking, expressive association is regarded by courts and commentators as just another form of individual self-expression, and voluntary associations as facilitators for such self-expression.

In this Essay, Professor Garnett suggests that a shift in focus, from individual self-expression-through-association to the expression of voluntary associations themselves. It is suggested that, in several recent decisions ­including Dale, Mitchell, and California Democratic Party - the Court has indicated an appreciation of the role played by mediating institutions in shaping citizens, in transmitting values and loyalties­ - that is, in educating. In this role, associations are not only vehicles for the messages of individuals, but also speakers themselves. Associations are seen as more than conduits, but as crucial parts of the scaffolding of civil society. And the messages they express are valued not only to the extent they carry the voices of individuals, but also because they compete with the messages of government in the arena of education, broadly understood.

 

October 9, 2019 in Garnett, Rick | Permalink

Monday, October 7, 2019

G.K. Chesterton's "Lepanto"

On this day . . .

Never hurts to re-read Chesterton!

October 7, 2019 in Garnett, Rick | Permalink

Our Lady, the Holy Rosary, and Lepanto

Lepanto

October 7, 2019 in Garnett, Rick | Permalink

Thursday, October 3, 2019

Anti-Catholic Hate Speech . . . and Respect Life Week . . . at Notre Dame

As Alexandra DeSanctis and others have reported, there was at Notre Dame recently an unfortunate series of connected incidents -- involving an outdoor poster display, then a poem of sorts in the student newspaper, and also a performance-art video posted online -- of what I think can fairly be called anti-Catholic hate speech.  You can read DeSanctis's article for the details, but -- in a nutshell -- in addition to contending that various writers, publications, and organizations have "blood on their hands" by virtue of writings and activities that support and defend Catholic theology, morality, and anthropology, the performers/authors of the attacks engaged in what can reasonably be regarded as a kind of fantasy about inflicting violence (using a crowbar) against the offending writers, some of whom are their fellow students. 

These incidents are particularly upsetting, not only because the attacks aim at the University's animating and foundational Catholic mission and commitments, but also because Notre Dame has been (thankfully) relatively untouched by the fever-swamp excesses of our overly politicized and excessively polarized academic culture.

Although Notre Dame is a private institution, and not subject to the First Amendment's constraints, it's my view that, as a general matter, "Chicago statement"-type rules and norms should be observed by students, faculty, and administrators.  As important as civility and charity are, I am inclined to agree with the Chicago Statement that "[a]lthough the University greatly values civility, and although all members of the University community share in the responsibility for maintaining a climate of mutual respect, concerns about civility and mutual respect can never be used as a justification for closing off discussion of ideas, however offensive or disagreeable those ideas may be to some members of our community."  At the same time -- and while I reject the tendency to equate "discourse" with "violence" and the claim that criticism and disagreement make one "unsafe" -- it seems clear that actual threats of or incitements to violence are not only legally unprotected (while "hate speech" is), they are also morally excludable, and punishable, even in a university setting.

It's too bad (or, perhaps, it is fitting?) that this week is also Respect Life Week at Notre Dame (and at many other places).  Even as the spirit of community and care -- the Week's theme is "authentic love, authentic freedom" -- was attacked by the series of hate-speech incidents, this beautiful student-led week of prayer, speakers, celebration, and conversation reminds us of the radical Christian call to solidarity and of the radical Christian claims regarding human dignity and equality.  Here's hoping hearts and minds -- including those of the people who engaged in the expressive attacks -- will be touched and healed.  

October 3, 2019 in Garnett, Rick | Permalink

Monday, September 30, 2019

Paul Marshall on "Rights, Institutions, and Religious Freedom"

A very helpful essay, by Paul Marshall (Baylor), at the Religious Freedom Institute's Cornerstone Forum:

One reason that institutional religious freedom has become so controversial in the United States in recent years relates to the American people’s historical understanding of rights as applying only to individuals. Contentious U.S. Supreme Court decisions such as Citizens United and Hobby Lobby have also contributed to widespread suspicion about the general idea of institutional rights, especially in the form of recognizing the legal personhood of corporations.

To begin to grasp the meaning and scope of institutional religious freedom requires outlining its main aspects and considering how they fit together. Growing uncertainty over the very nature of rights presents a key challenge in this regard so we will address that first. . . .

Read the whole thing!

And then -- why not? -- read this.

 

September 30, 2019 in Garnett, Rick | Permalink