Posts tagged with: law

Rev. Sirico addresses the 2013 Law Day Celebration

Rev. Robert A. Sirico speaks at the 2013 Law Day Celebration

May 1st was Law Day across America, and here in Grand Rapids, the Acton Institute joined the Catholic Lawyers Association of West Michigan to sponsor a Law Day Celebration at the St. Cecilia Music Center. The chosen theme for Law Day this year was “Realizing the Dream: Equality for All,” and responsibility for delivering a keynote address on that theme fell to Acton President Rev. Robert A. Sirico, who reflected on the role of faith in the legal profession in a time of great turmoil in society, in part because of the way that the law is currently being used to effect social change.

The event also featured the presentation of the Catholic Lawyers Association of West Michigan’s Thomas Moore Award to Michigan Court of Appeals Chief Judge William Murphy.

You can listen to that presentation, as well as Rev. Sirico’s address, using the audio player below.

Today at Ethika Politika, I critique David Bentley Hart’s recent (non-)response to the critics of his attack on natural law in public discourse last month, appearing in the most recent issue of First Things. My article, “Hart’s (Non-)Response to His Critics: Trying to Have It Both Ways?” is a response to Hart’s recent article, “Si Fueris Romae.”

While Hart’s most recent article may seem unrelated, it starts to sound remarkably similar to his article on natural law from last month about half way through. It is this convergence between the two that I examine and critique.

Ultimately, Hart seems to be trying to “have it both ways” when it comes to natural law. I find this to be particularly evident from his conclusion, in which he criticizes US policy toward China, writing,

Decade upon decade, we hear of the arrest, imprisonment, torture, and murder of China’s religious minorities (house-church Christians, Tibetan Buddhist monks, and so on), of the cruel measures taken to enforce the nation’s one-child policy, and of countless other chronic atrocities, but our response consists in little more than a sporadic susurrus of disapproval, just loud enough to flatter ourselves that we have principles but not so loud as to allow those principles to interfere with fiscal or trade policy. We try to shame the ruling party with pious panegyrics on “human rights,” as though the concept had any appreciable weight outside the cultural context that makes it intelligible, but we buy and borrow from the party, and profit from its policies, without hesitation or embarrassment. I think the government of the PRC might be pardoned for concluding that our actions, and not our words, indicate where our true values lie.

While at Ethika Politika I critique his reliance upon the concept of natural rights even while claiming that only our “cultural context … makes it intelligible,” there is another point to consider here. Putting aside the inconsistency of his principles, would his recommendation — more restricted “fiscal or trade policy” — really have the effect that he hopes? (more…)

“Is there a religious way to pump gas, sell groceries, or advertise for a craft store?”

In a new paper, “God and the Profits: Is There Religious Liberty for Money-Makers?,” Mark Rienzi asks the question. (HT)

Rienzi, an assistant professor at the Columbus School of Law at The Catholic University of America, writes in direct response to the federal government’s HHS contraception mandate, focusing on the religious liberty challenges faced by for-profit companies. As Rienzi argues, imposing such penalties requires “singling out religion for disfavored treatment in ways forbidden by the Free Exercise Clause and federal law.”

From the abstract:

Litigation over the HHS contraceptive mandate has raised the question whether a for-profit business and its owner can engage in religious exercise under federal law. The federal government has argued, and some courts have found, that the activities of a profit-making business are ineligible for religious freedom protection.

This article offers a comprehensive look at the relationship between profit-making and religious liberty, arguing that the act of earning money does not preclude profit-making businesses and their owners from engaging in protected religious exercise.

Many religions impose, and at least some businesses follow, religious requirements for the conduct of profit-making businesses. Thus businesses can be observed to engage in actions that are obviously motivated by religious beliefs: from preparing food according to ancient Jewish religious laws, to seeking out loans that comply with Islamic legal requirements, to encouraging people to “know Jesus Christ as Lord and Savior.” These actions easily qualify as exercises of religion. (more…)

At Ethika Politika today, I examine the recent critique by David Bentley Hart in the most recent issue of First Things of the use of natural law in public discourse in my article, “Natural Law, Public Policy, and the Uncanny Voice of Conscience.” Ultimately, I offer a measured critique—somewhat agreeing with, but mostly critical of Hart’s position—pointing out Hart’s oversight of the vital role of conscience in classic natural law theory.

What I find so bizarre, and have for some time now, is the relative ambivalence, at best, of many contemporary Orthodox writers when it comes to natural law. Hart, for example, hints that he might approve of natural law reasoning so long as all parties involved hold to a metaphysic that acknowledges “a harmony between cosmic and moral order, sustained by the divine goodness in which both participate.” However, even then he is not clear. Indeed, he begins his article by writing,

There is a long, rich, varied, and subtle tradition of natural law theory, almost none of which I find especially convincing, but most of which I acknowledge to be—according to the presuppositions of the intellectual world in which it was gestated—perfectly coherent. (emphasis mine)

Hart is not alone among Orthodox writers in this regard. With the notable exceptions of Stanley Harakas, Tristram Engelhardt, and Patriarch Kirill of Moscow (if there are others I apologize for my ignorance), contemporary Orthodox writers scarcely have employed natural law in their social ethics, if they even endorse it at all. Often it gets thrown under the bus in ill-advised false dichotomizing between all that is Eastern and therefore wonderful and all that is Western and therefore overly rationalistic. (more…)

Earlier this month I attended the First Kuyper Seminar, “Economics, Christianity & The Crisis: Towards a New Architectonic Critique,” in Amsterdam.

One of the papers presented was from Jan Jorrit Hasselaar, who discussed the inclusion of non-human entities into democratic deliberation in his talk, “Sustainable Development as a Social Question.” I got the impression (this is my analogy, not Hasselaar’s) that there was some need for a kind of tribune (for plants instead of plebeians), who would speak up for the interests of those who could not speak for themselves.

The framing of the issue of the dignity of animals, plants, and the natural environment more broadly connected the integration of these interests into our public discourse as analogous to the civil rights revolutions concerning race and sex in the West over the previous century. The following video makes an argument in similar terms:

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Blog author: jballor
Tuesday, November 20, 2012
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I remember when I was a kid and would ask why we celebrate Father’s Day and Mother’s Day. What about Children’s Day? To which I would receive the inevitable response, “Every day is Children’s Day.” I use the same response now when some smart-alecky kid pipes up with this kind of question.

That may be true, in a sense, but today (Nov. 20) is also “Universal Children’s Day.” This event is a vehicle in part for UN advocacy on behalf of the ratification and implementation of the Convention on the Rights of the Child. In the last issue of the Journal of Markets & Morality, Johan van der Vyver examined the convention, with an eye particularly toward the complications of ratification and implementation in the United States in comparison with that of South Africa, in his piece, “Children’s Rights, Family Values, and Federal Constraints.”

Van der Vyver argues, “There is strong opposition against ratification of the convention from within the ranks of evangelical Christians, based essentially on a perception that the convention undermines family values. However, this article argues that the main obstacle confronting the United States in this regard derives from the constitutional dispensation of federalism.” The basic point, says van der Vyver, is that the autonomy of the family unit is not essentially undermined by the convention, but that the particular polity of the U.S. government and the nature of the process of treaty ratification is what stands in the way of American participation.

As to a classical expression of the place of children within the family and the significance of the family as a social institution, it’s worth noting the recent translation of the Dutch Reformed theologian Herman Bavinck’s treatise, The Christian Family. This is a wonderful book, full of insights into the nature of social relationships, the divine institution of the family, and the importance of the family to a free and virtuous society.
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Blog author: jballor
Friday, November 2, 2012
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Encyclopedia Entry: “Arts”
Tyler Cowen. The Concise Encyclopedia of Economics. 2d ed. Indianapolis: Liberty Fund, 2007.

General economic principles govern the arts. Most important, artists use scarce means to achieve ends—and therefore recognize trade-offs, the defining aspects of economic behavior. Also, many other economic aspects of the arts make the arts similar to the more typical goods and services that economists analyze.

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Blog author: jballor
Friday, October 26, 2012
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Call for Papers: “Intellectual Property and Religious Thought”

University of St. Thomas School of Law, April 5, 2013. The University of St. Thomas will hold a conference titled “Intellectual Property and Religious Thought,” on April 5, 2013, co-sponsored by the Terrence J. Murphy Institute for Catholic Thought, Law, and Public Policy and The University of St. Thomas Law Journal. The conference will be held at the University of St. Thomas School of Law building in downtown Minneapolis.

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Call for Papers: “Economics, Christianity & The Crisis: Towards a New Architectonic Critique”

The 2008 credit crisis is not only a crisis in economics, but also a crisis in the basic concepts and assumptions that underlie our thinking about economics, economics as a science. Critical analyses are called for of both economic practices and economic theory. New concepts and paradigms are needed. The first Kuyper Seminar Amsterdam aims at exploring what resources the Christian tradition has to offer for developing a sustainable and just economy of the future.

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Blog author: jballor
Friday, September 7, 2012
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Book Note: “Walzer, ‘In God’s Shadow: Politics in the Hebrew Bible'”
Michael Walzer, In God’s Shadow: Politics in the Hebrew Bible. New Haven: Yale University Press, 2012.

In this eagerly awaited book, political theorist Michael Walzer reports his findings after decades of thinking about the politics of the Hebrew Bible. Attentive to nuance while engagingly straightforward, Walzer examines the laws, the histories, the prophecies, and the wisdom of the ancient biblical writers and discusses their views on such central political questions as justice, hierarchy, war, the authority of kings and priests, and the experience of exile.

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