In lieu of an abstract, here is a brief excerpt of the content:TOWARD A THOMISTIC PERSPECTIVE ON ABORTION AND THE LAW IN CONTE:MPORARY AMERICA M. CATHLEEN KAVENY Yale University New Haven, Oonnecticut Introduction W;HEN THE SUPREME COURT handed down its abortion decision Webster v. Reproductive Health Services 1 in the summer of 1989, it was widely prel 109 S. Ct. 3040 (1989). All further citations to Webster will be given parenthetically in the text. To summarize the most significant (...) aspects. of the decision: A. Chief Justice Rehnquist authored an opinion of the Oourt (of the highest precedential value) which was joined by Justices White, Kennedy, Scalia, and O'Connor. The majority found the lower courts to be in error in striking down as unconstitutional the preamble to a Missouri statute which asserted that "the life -0f each human being begins at conception." The opinion of the Court also found that Missouri could constitutionally prohibit the use of public employees and facilities in the performance of abortions not necessary to save the mother's life. B. The Court also upheld the Missouri statute's provision requiring a. doctor to perform viability tests before aborting a fetus the doctor believes is of 20 or more weeks gestational age. In the plurality opinion (of less precedential value than an opinion -0f the Court, since it is not joined by a majority of the justices), Chief Justice Rehnquist, Justice White, and Justice Kennedy argued that since most fetuses are not viable at twenty weeks, the provision would impose substantial restrictions unrelated to the health of the mother upon what are, in fact, simply sec-0nd trimester abortions. Because they believed such restrictions to be in tension with Roe's trimester system, the plurality decided to abandon that system, along with its stipulation that the state's interest in unborn life became compelling only at viability. The plurality contended, however, that Webster presented no occasion for reconsidering Roe's holding, which deemed unconstitutional a statute prohibiting all abortions except those necessary to save the life of the mother. In a concurring opinion, Justice Scalia went further, arguing that the Court should explicitly overrule Roe v. Wade. On the other hand, Justice O'Connor, 848 344 M. CAT'HLEEN KAVENY dieted that this would exaicerbate a dangerously bitter social·struggle. In its 1973 decision Roe v. Wade (410 U.S. 113), the court had e1abo:raJted.a woman's right to abortion, and, in rthe sixteen years that fo11owed it, it ga,V'e that right unwavering support. Webster 'seemed to mark a retl.'eat from that support. The new scope it offered for state regulation of rubortion promised rto ignite gra,ss-roots forvor and a stiate..:by-state battle between those seeking rto maintain the abortion rights est1ab1isihed by Roe and its sequalia and those st:dving to limit the s1oope of these rights in 1 significant ways. Much of the criticism of Webster has fooused narrowly upon how weM the,decision has aiocorided with various views on the morality of abortion. Yet important 1as this issue is, thorough ethicaJ ana:lysis of Webster must address severa1l additional fac~ tors. The ethiicatl aidequacy of positive law, induding judicial interpretations of faw siuch as Webster, must he ev1alruated in terms of whetheir it aidvanices or impedes the common good. The common good requires not only that we consider the moml substance of legal requirements but tha:t we ailso attend to the manner in which law is made, promulgated, ml!d interpreted. Such an analysis is,sorely needed; it should. specify the severa1l factors involved in determining whether any given legal also concurring in the plurality's judgment, maintained that this provision of the statute could be upheld without any reconsideration of Roe, since it co· hered with that decision's recognition of the compelling state interest in viable fetal life. C. Justice Blackmun authored an opinion dissenting from the majority on the issues discussed above, and he was joined by Justices Brennan and Mar· shall. The thrust of his opposition is directed against the plurality's treatment of the viability testing,provisions. Blackmun first suggested that i.f understood according to the canons of proper statutory interpretation, these provisions unconstitutionally restrict the attending physician... (shrink)

This article considers the sort of diversity in perspective appropriate for a presidential commission on bioethics, and by implication, high-level governmental commissions on ethics more generally. It takes as its point of comparison the respective reports on human cloning produced by the National Bioethics Advisory Commission, appointed by President Bill Clinton, and George W. Bush's President's Council on Bioethics, under the leadership of its original chair, Leon Kass. I argue that the Clinton Commission Report exemplifies forensic diversity (the type of (...) diversity between contesting parties in a legal case), while the Kass Council Report exemplifies academic diversity (the diversity found in a medieval disputatio). Drawing upon Thomas Aquinas, I argue that the type of diversity most appropriate for such advisory bodies is deliberative diversity, which facilitates the President's process of taking counsel. After considering their respective charges, I suggest that neither the Clinton Commission nor the Kass Council possessed an adequate degree of deliberative diversity for their respective tasks. (shrink)

This article argues that the early Christian ?order of widows? provides a fruitful model for Christian ethicists struggling to address the medical and social problems of elderly women today. After outlining the precarious state of the ?almanah? - or widow - in biblical times, it describes the emergence of the order of widows in the early Church. Turning to the contemporary situation, it argues that demographics both in the United States and around the globe suggest that meeting the needs of (...) elderly women will become an enormous challenge in the years to come. The order of widows illustrates a three-fold conception of solidarity that has immediate implications today. That conception of solidarity encourages us: 1) to identify the unique medical needs of elderly women (e.g., osteoporosis); 2) to find ways of overcoming their societal isolation, which can increase their risk of medical and psychological problems; and 3) to develop strategies for enabling them to remain contributing members of the community for as long as possible. This essay is a slightly revised version of a keynote address given by the author at a conference on ?Women?s Health and Human Rights? held in Rome, Italy in February 1998 and sponsored by the Vatican, Georgetown University, and the Università Cattolica del Sacro Cuore. The proceedings of that conference were published in Italy by the Società Editrice Universo-Roma in a volume entitled Women?s Health Issues, edited by Spagnolo and Gambino (2003). (shrink)

This essay serves as an introduction to this issue of the Journal of Medicine and Philosophy on commodification and health care. The essay attempts to sharpen the articulation of generally expressed worries about the commodification of health care. It does so by defining commodification, analyzing three components of the good of health care, and attempting to assess how commodification might distort the shape of each of those components. Next, it explores how the good of health care might be distorted by (...) the market-based principle of distributive justice, "to each according to ability to pay." Finally, it identifies two basic questions about the relationship of medicine and the market that merit further exploration. How does the market-based language of "incentives" so pervasive in the world of managed care distort the complex patterns of virtue and vice that motivate actors in the health care arena? If we recognize that we cannot eliminate the influence of money from the health care system, how can we insure that the good of health care remains, in Radin's terms, "incompletely commodified"? (shrink)

This article considers the sort of diversity in perspective appropriate for a presidential commission on bioethics, and by implication, high-level governmental commissions on ethics more generally. It takes as its point of comparison the respective reports on human cloning produced by the National Bioethics Advisory Commission, appointed by President Bill Clinton, and George W. Bush's President's Council on Bioethics, under the leadership of its original chair, Leon Kass. I argue that the Clinton Commission Report exemplifies forensic diversity (the type of (...) diversity between contesting parties in a legal case), while the Kass Council Report exemplifies academic diversity (the diversity found in a medieval disputatio). Drawing upon Thomas Aquinas, I argue that the type of diversity most appropriate for such advisory bodies is deliberative diversity, which facilitates the President's process of taking counsel. After considering their respective charges, I suggest that neither the Clinton Commission nor the Kass Council possessed an adequate degree of deliberative diversity for their respective tasks. (shrink)

In "Democracy and Tradition," Jeffrey Stout contends that American constitutional democracy constitutes a well-functioning moral and political tradition that is not hostile to religion, although it does not depend on any specifically religious claims. I argue that Stout's contention is supported by a consideration of the great common law subject of contracts, as taught to first-year law students across the United States. First, I demonstrate how contract law can fruitfully be understood as a Maclntyrean tradition. Second, I illustrate the moral (...) richness of this tradition, and the mutually interpreting nature of rules and facts, by close attention to one particularly colorful case, Syester v. Banta. I conclude by suggesting that both religious and secular ethicists might find common law cases in general and contract law cases in particular to be a source of moral reflection that is substantively rich without being religiously divisive. (shrink)

: This article draws upon the Roman Catholic distinction between "ordinary" and "extraordinary" means of medical treatment to analyze the case of "Jodie" and "Mary," the Maltese conjoined twins whose surgical separation was ordered by the English courts over the objection of their Roman Catholic parents and Cormac Murphy-O'Connor, the Roman Catholic Cardinal Archbishop of Westminster. It attempts to shed light on the use of that distinction by surrogate decision makers with respect to incompetent patients. In addition, it critically analyzes (...) various components of the distinction by comparing the reasoning used by Catholic moralists in this case with the reasoning used in other cases that raise similar issues, including women facing crisis pregnancies who prefer abortion to adoption and the Indiana "Baby Doe" case. (shrink)

This essay invites Christian ethicists to engage in a mutually beneficial conversation with the secular law, particularly the common law. It argues that the common law's feature of narrative accountability provides a natural bridge to Christian ethics. It also points out contact points between the two fields regarding normative concepts of persons, actions, norms, and the common good. Finally, it illustrates the possibilities of a conversation between law and Christian ethics by delving into the leading case on the doctrine of (...) unconscionability, which permits courts to refuse to enforce contracts that shock the conscience. (shrink)

The report produced by the National Bioethics Advisory Commission at the request of President Bill Clinton, titled Cloning Human Beings, provides a good example of the two-pronged approach to religion in bioethics. The report merits careful scrutiny precisely because of the deftness with which it appears to negotiate the thorny questions surrounding the role of religion in public policy. Analysis of the structure, arguments, and rhetoric of the report reveals the theoretical and practical inadequacy of the currently reigning two-pronged approach (...) to the role of religious perspectives in the field of bioethics. (shrink)

The editors of the JRE solicited short essays on the COVID‐19 pandemic from a group of scholars of religious ethics that reflected on how the field might help them make sense of the complex religious, cultural, ethical, and political implications of the pandemic, and on how the pandemic might shape the future of religious ethics.

Religious traditions in the United States have been characterized by an ongoing tension between assimilation to the broader culture, typically reflected by mainline Protestant churches, and defiant rejection of cultural incursions, as witnessed by more sectarian movements such as Mormonism and Hassidism. But legal theorist and theologian Cathleen Kaveny contends that religious traditions do not need to swim in either the Current of Openness or the Current of Identity. There is a third possibility, which she calls the Current (...) of Engagement, which accommodates and respects tradition but which recognizes the need to interact with culture to remain relevant and to offer a prophetic critique of social and political and legal and economic practice. In fifty-six brief articles Kaveny illustrates the implications of the Current of Engagement in American public life. The articles are organized into five chapters or sections: Law as Teacher; Religious Liberty and its Limits; Conversations about Culture; Conversations about Belief; and Cases and Controversies. Kaveny provides astonishing insights into a range of hot-button issues: abortion, assisted suicide, government-sponsored torture, contraception, the Ashley Treatment, capital punishment, and the role of religious faith in a pluralistic society. (shrink)

This paper is a rejoinder to papers by Sabina Lovibond, Nicholas Wolterstorff, Sumner B. Twiss, G. Scott Davis, M. Cathleen Kaveny, and John Kelsay on the author's recent book "Democracy and Tradition". The argument covers a host of topics, ranging from epistemology and methodology to human rights, the common law, and Islamic ethics.

Using cell lines like HEK 293 or their products—like many of the COVID-19 vaccines—involves no cooperation with evil strictly speaking, but it does involve appropriation of the benefits of past evil. Applying M. Cathleen Kaveny’s framework for assessing the permissibility of appropriating the benefits of evil, the duty to avoid using cell lines like HEK 293 or their products is weak and defeasible. Proper interpretation of Dignitas personae requires recognizing the crucial moral differences between the use of these (...) cell lines—which does not perpetuate the injustice of abortion, imply approval of abortion, or involve significant risks of corrupting moral character or provoking scandal—and the direct use of fetal tissue or human embryos in research. (shrink)

In this volume twenty-three major scholars comment on and critically evaluate In Search of a Universal Ethic, the 2009 document written by the International Theological Commission (ITC) of the Catholic Church. That historic document represents an official Church contribution both to a more adequate understanding of a universal ethic and to Catholicism s own tradition of reflection on natural law. The essays in this book reflect the ITC document s complementary emphases of dialogue across traditions (universal ethic) and reflection on (...) broadly applicable ethical guidance within the Christian tradition (natural law). Among other things, the document situates the natural law ethical tradition within the larger search for a universal ethic. Along with its insightful essays, Searching for a Universal Ethic offers — for the first time in published form — the Vatican s official English translation of In Search of a Universal Ethic. Contributors: John Berkman Serge-Thomas Bonino, O.P. David Burrell, C.S.C. Lisa Sowle Cahill Joseph E. Capizzi David Cloutier Anver M. Emon Robert P. George Sherif Girgis Jennifer A. Herdt Russell Hittinger M. Cathleen Kaveny Anthony J. Kelly, C.Ss.R. Fergus Kerr, O.P. Steven A. Long William C. Mattison III Gilbert Meilaender Livio Melina Michael S. Northcott David Novak Jean Porter Martin Rhonheimer Tracey Rowland. (shrink)

In this “Response to Critics,” Cathleen Kaveny continues the conversation in the JRE symposium centered on her recent book, Prophecy without Contempt: Religious Discourse in the Public Square. The book's central argument is that adequate discussion of contention in the contemporary public square requires attending to matters of rhetoric, particularly the rhetoric of prophetic indictment. Kaveny engages the comments of four interlocutors: Alda Balthrop-Lewis, James Childress, William Hart, and Martin Kavka. The first section, “Overarching Goals,” summarizes the (...) objectives of the book. The second section, “Methodology,” engages critics regarding methodological issues, highlighting Kaveny's commitment to a version of MacIntyre's tradition theory and her indebtedness to her legal training. The third section, “Structure,” responds to particular questions her interlocutors raise about the four parts of the book. The fourth section, “Larger Questions,” ponders the next stages of the academic and political discussion about contention in the public square. (shrink)

This article considers challenges facing the pro-life movement after Dobbs v. Jackson Women’s Health Organization (2022). It identifies four questions the movement must face: (1) whether to adopt a combative or conciliatory rhetorical stance; (2) how to prioritize new legislative goals; (3) how to define the limits of acceptable compromise; and (4) how to respond to Americans with ambivalent attitudes toward abortion. The article argues that each of these issues could precipitate serious division in the pro-life movement that will impact (...) likelihood of future success. (shrink)

Part I. Narratives and Norms -- 1 Tradition and development: Engaging John T. Noonan, Jr. -- 2 Creation and covenant: Engaging Stanley Hauerwas -- 3 Examples and rules-Engaging Jeffrey Stout -- Part II Love, Justice, and Law -- 4 Neighbor love and legal precedent: Engaging Gene Outka -- 5 Compassionate respect and victims' voices: Engaging Margaret Farley -- 6 Covenant fidelity and culture wars: Engaging Paul Ramsey -- Part III Legal Categories and Theological Problems -- 7 Juridical insights and theological (...) disputes: Engaging Robert E. Rodes, Jr. -- 8 Second chances and statutes of limitations: Engaging Walter Kasper -- 9 Legalism and christian ethics: Engaging Grisez and Engelhardt. (shrink)

Pylyshyn argues that early vision is cognitively impenetrable, and therefore – contrary to knowledge-based theories of perception – that perception is noncontinuous with cognition. Those processes that are included in “early vision,” however, represent at best only one component of perception, and it is important that it is not the component with which most knowledge-based theories are concerned. Pylyshyn's analysis should be taken as a possible source of refinement of knowledge-based theories of perception, rather than as a condemnation of them.

In Prophecy without Contempt, Cathleen Kaveny argues that prevailing scholarly approaches to religious and public discourse misunderstand the actual complexity of moral rhetoric in America. She endeavors to provide a better account through study of the role the Puritan jeremiad has played. Kaveny then offers a normative case for deliberative public moral discourse and the limited exercise of prophetic denunciation. I argue that Kaveny's distinction between deliberation and prophetic denunciation is overdrawn. They are ideal types that (...) elide other rhetorical forms. Moreover, both deliberative discourse and prophetic denunciation assume a social contract or shared tradition. Healthy moral discourse requires revolutionary rhetoric to interrogate and break traditions that are themselves morally compromised. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Reader’s Eye: Visual Imaging as Reader ResponseCathleen M. BauschatzThe Reader’s Eye: Visual Imaging as Reader Response, by Ellen J. Esrock; xii & 241 pp. Baltimore: Johns Hopkins University Press, 1994, $36.50.Ellen Esrock’s The Reader’s Eye is a call for greater attention to the process of visual imaging in the study of readers and reading. Much of the book summarizes earlier research, showing the bias against readerly imaging (...) on the part of scholars who have viewed the reading process as solely cognitive and linguistic, rather than affective and visual.Part One summarizes some of these earlier views, finding phenomenological approaches the most friendly to visualization, while linguistic (semiotic) and psychoanalytic studies downplay its importance. Freudian approaches to reading, for example, view images as “hallucinations,” and value displacement from image to word. Lacan likewise minimizes the importance of imagery, despite the fact that concepts like the “mirror stage” could obviously benefit from visualization.The second part of the book summarizes recent advances in cognitive psychology, leading to the development of experimental tools for measuring readerly imaging. While late nineteenth-century psychology expressed interest in image-formation, behaviorism put a stop to this work. In the 1960s, interest in imagery returned, and with it the study of “mental maps,” verbal learning, and the role of the visual in memory. Esrock details the use of images in teaching children to read, but shows that this process has not been taken seriously in research on adults. The most promising direction in contemporary research, she finds, is the discovery that visualization and affective experience are interwoven. Considerations about the pleasure of reading, right/left brain function, and the role of the visual in psychosexual stages (readerly voyeurism, for example) are detailed here.The last chapter contains an interesting opposition between the objections of critic William Gass to readerly imaging and the use of visual images by writer Italo Calvino (Castle of Crossed Destinies, Invisible Cities). Esrock shows that it is almost impossible to interpret Calvino’s work without forming visual images.The conclusion finally presents the author’s case for the importance of visualization to both the cognitive and affective sides of the reading process. She admits the presence of differences among genres, authors, and readers, but still finds a set of general principles which should apply to all. Among these are the claims that imaging affects memory, that it clarifies spatial descriptions, and thus makes a fictional world concrete. Esrock calls for more attention to imaging by reader-response critics, classroom pedagogy, linguistics, and gender/cultural studies.The Reader’s Eye provides a solid history and summary of the current positions of a variety of fields on the hitherto neglected topic of readerly imaging. One criticism of the book might be that the author waits until the conclusion to [End Page 363] present her own findings, which occupy only twenty-seven of the volume’s 205 pages. Enthusiasts of this topic will hope that Professor Esrock may expand on some of these ideas in her next book.Cathleen M. BauschatzUniversity of MaineCopyright © 1995 The Johns Hopkins University Press... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Prophecy without Contempt: Religious Discourse in the Public Square by Cathleen KavenyKyle LambeletProphecy without Contempt: Religious Discourse in the Public Square Cathleen Kaveny CAMBRIDGE, MA: HARVARD UNIVERSITY PRESS, 2016. 464 PP. $49.95"The American public square is not a seminar room" (419). This being the case, Cathleen Kaveny's Prophecy without Contempt challenges ethicists, among others, to reconsider the rhetoric of moral address. Rather than (...) a narrow focus on deliberation, Kaveny commends attention to the genre of indictment, and particularly the American jeremiad, as a significant mode of moral address that deserves normative analysis. Kaveny is no partisan of prophecy. But she offers moral and rhetorical criteria of prophetic speech that allow the genre to do its indispensable work.Kaveny's book proceeds in four parts. In the first part she sets the stage for her argument by surveying three prominent accounts of the status of public moral discourse, critiquing each yet drafting them all into a more global [End Page 195] critique of the failure to take into account the central significance of the rhetoric of prophetic indictment. Correcting this neglect in the second part, Kaveny executes a historical retrieval of the American jeremiad, beginning with early Puritan preachers of the Massachusetts Bay Colony. The point of her at times plodding historical reconstruction is that the jeremiad was not originally socially divisive but rather served to build up the community by calling listeners back to a commonly agreed-on covenant. This uniting function of the jeremiad fails in later generations. Some readers will worry that Kaveny's retrieval risks nostalgia insofar as it conforms to a MacIntyrian declension narrative in which golden origins were irreplaceably fractured.This risk, however, is mitigated by the third and fourth parts of the book, in which Kaveny turns to constructive ethics. She argues that the forensic rhetoric of prophetic indictment should be understood as a chemotherapy. It should not be confused with deliberation, the normal form of moral address. Yet, like chemotherapy, used in the right amount it can restore an ailing patient to health. As we have come to expect, Kaveny is especially adept at taking the moral frameworks developed in one sphere and applying them to another. Trading medical analogies for military, Kaveny argues that best practices of ius bellum verborum can be developed from just war criteria. She adds to these rhetorical constraints that prophetic critique be offered against one's own people with whom one identifies through lamentation and hope. Kaveny concludes with advocacy of prophetic humility and irony as necessary elements of prophetic speech in our pluralistic contemporary context.Although written in accessible prose, Kaveny's book deserves rigorous scholarly engagement. She constructs her argument with the gracious interdisciplinarity of a leading scholar of law and theology at the height of her powers. She is methodologically promiscuous but never shallow, drawing on scholarly fields of moral philosophy, biblical studies, American religious history, in-depth case analysis of contemporary arguments about abortion and torture, and historical paradigms of prophetic virtue (and vice). While scholars in each of these fields will find claims worth engaging in Kaveny's text, ethicists will be particularly interested in her argument for a constrained, continuing need for prophetic indictment.My one critique is that her account of prophetic rhetoric is too conservative. Based on her historical retrieval, Kaveny argues that indictment should serve only to call listeners back to an already agreed-on covenant. It is undoubtedly the case, however, that Kaveny's exemplars of indictment such as Jonah, Lincoln, and King innovated and developed the covenant, even as they invoked it. This complaint aside, Kaveny's book is a major contribution to contemporary conceptualizations of the public square, and stands poised to open new directions for moral analysis of religious actors in pluralistic publics. [End Page 196]Kyle LambeletNotre Dame UniversityCopyright © 2017 Society of Christian Ethics... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Law’s Virtue: Fostering Autonomy and Solidarity in American Society by Cathleen KavenyEric E. SchnitgerLaw’s Virtue: Fostering Autonomy and Solidarity in American Society By Cathleen Kaveny WASHINGTON, DC: GEORGETOWN UNIVERSITY PRESS, 2012. 304 PP. $29.95In Law’s Virtue, Cathleen Kaveny calls those in Western liberal countries to rethink their fundamental framework of ethics and law through the guiding principles of autonomy and solidarity, understood through (...) the Catholic context of Thomistic virtue. The law operates not as the fence of individual isolation as it does in Enlightenment rights theory, whereby liberty is preserved through negative restraint, but as the teacher of a limited form of the virtues of prudence and justice (52). The law teaches this thin form of prudence through autonomy, which Kaveny takes from Joseph Raz as “the capacity to be the ‘part-author’ of one’s own life” (53). Solidarity, pulling from Pope John Paul II, correlates to a learned justice, in that it “attend[s] to the unseen members” of the community (54). It recognizes that the good of the community and the good of individual members are inexorably intertwined.The opening epigram of the preface, which sets the tone for the whole work, is a quotation from Isidore of Seville found in Aquinas: “Law shall be virtuous, just, possible to nature, according to the custom of the country, suitable to place and time, necessary, useful; clearly expressed, lest by its obscurity it lead to misunderstanding; framed for no private benefit, but for the common good” (xi). Kaveny argues that the phrases “possible to nature” and “custom of the country” need more attention in pluralist, democratic societies, because law is morally formed by its constituent community and there are deep disagreements within those communities. This gives a direction for how Catholics, and all citizens, should attempt to influence laws in these democracies. Because the law is a form of consensus over time, it should use severe sanctions such as criminal law only to reinforce the consensus that it represents. Tort and tax law are less severe tools that can encourage the moral direction of society, which, when used well, maintain the consensus of the law but still allow it to be a moral teacher.Kaveny’s practical thinking in this text does have some seeds of radical change. When she moves to the practicalities of life issues in the law—such as abortion, euthanasia, and genetics—she argues that the “entire fabric of the Anglo-American legal system” needs to add the concept of the “vulnerable” person to the “reasonable person” (79). In addition, her reframing of life issues contends that the Catholic view of issues like abortion is too different from [End Page 212] the “custom of the country” to make a change to the virtues and practices of other citizens. Instead, attention to the support necessary for families and social difficulties of economic poverty represents a way of using the law as a moral teacher while recognizing its limits (89, 156, 209). The book concludes with an incisive look at voting, in which Kaveny argues that the idea of issues-based voting is wrongheaded; instead, she urges voters to consider that they are voting for an individual who will take a broad moral stance and make a broad set of decisions (197 ff.).The quality of Kaveny’s clear thinking and moral consistency makes this book a pleasure to read—even for those who may disagree about the nature of the law or the virtues that Christians should bring to political, legislative, and judicial systems. This text, from its depth of legal and theological commitments, sets a high bar for further dialogue.Eric E. SchnitgerFuller Theological SeminaryCopyright © 2015 Society of Christian Ethics... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:A Culture of Engagement: Law, Religion, and Morality by Cathleen KavenyAllen CalhounA Culture of Engagement: Law, Religion, and Morality Cathleen Kaveny WASHINGTON, DC: GEORGETOWN UNIVERSITY PRESS, 2016. 320 pp. $98.95 / $32.95It is encouraging to read a book on the intersection of religion and law from an author as conversant with both fields as is Cathleen Kaveny. Reworking a number of columns that (...) she wrote for Commonweal magazine, Kaveny offers her concept of a "culture of engagement" as an alternative to America's polarizing culture wars. She builds a vision of engagement—typified by Pope Francis's emphasis on the church's need to "encounter" all human beings—that welcomes the influence that religious traditions and the broader culture and its laws can have on each other.Kaveny notes two ways in which the Roman Catholic tradition is particularly well situated to engage American culture and law. First, both American common law and the Catholic moral tradition use forms of "casuistry" to connect general rules with particular situations. Second, Catholic reluctance "to draw sharp lines between the pure and the tainted" can supply a salutary alternative to the Puritan tendency toward "prophetic indictment" (16).In part 1, Kaveny argues that law has both pedagogical and pragmatic qualities. In part 2, she describes the nation's struggle to balance governmental interests and religious liberty in the context of the contraception mandate in the 2010 Affordable Care Act. She faults the United States Conference of Catholic Bishops for elevating the law's pedagogical role over its pragmatic function in their attack on the mandate. She herself leans toward pragmatism; she assumes that exceptions to laws of general applicability should apply only "in the most extreme cases" (116) and that the government—not the religious claimant—should determine when exceptions apply.Kaveny also suggests that the bishops would do well to pay greater attention to the common good, as "it reflects the moral consensus of the community, which is accurately reflected in our democratic process of lawmaking" (90). Development of the grounds for this optimistic linking of a moral consensus and majority rule to the common good would have been an interesting addition to the book.Part 3 is the heart of the work, exploring ways for American society to "move beyond a culture war mentality" (120). Kaveny resists the assumption that public discourse in a society torn by culture wars is served by pitting secular and religious voices against each other. She hopes instead for persuasion based on natural law. One is left wondering, however, how persuasion based on natural law could happen in America's ideologically diverse culture. [End Page 201]Part 4 explores the effect of America's ideological pluralism on discussions among American Catholics. Kaveny describes how the church's sexual abuse scandal has fed the growing sense of disconnection between church teaching and the expectations of the Catholic laity.Part 5, a series of essays on difficult ethical controversies, hints at what interaction between the American and Catholic traditions might look like. Kaveny advocates "reframing the question" and hints at what reframing the contraception question might look like (221).Some of the book addresses specifically Catholic questions. It is valuable in that respect. Its scope extends beyond any one religious tradition, however, as it offers a picture of engagement between equals: the American legal tradition and Catholic moral teaching. Nevertheless, Kaveny makes it clear that this sort of engagement can succeed only if the American legal community understands its need to reflect changing social values and the Catholic hierarchy moves away from insisting that "error has no rights" and toward acknowledging that people do have rights even when they are in error (257).Allen CalhounPhD candidate, University of AberdeenCopyright © 2018 Society of Christian Ethics... (shrink)

Cathleen Kaveny's Prophecy Without Contempt seeks to reorient the conversation among religious ethicists and political theorists about religion in public life. Rather than focus on religious speech in general, Kaveny distinguishes deliberation and indictment as forms of discourse, and she subjects indictment to ethical evaluation. She aims to constrain the public exercise of inordinate indictment, while encouraging prophetic indictment that meets the demands of justice. While the book is a much-needed corrective, Kaveny's focus on the powerful (...) rhetoric of prophetic indictment omits the harms that can come to the body politic from unjust silence. Such silence deserves more moral attention. (shrink)

This essay on Cathleen Kaveny's Prophecy Without Contempt challenges her argument from two opposing sides. First, it critiques all jeremiads. It asks how a person uttering prophetic indictments, whether in the form of a classical jeremiad or the more moderate form that Kaveny argues for, can possibly know of what she speaks, given the otherness of God. Second, it calls for more jeremiads. It asks whether a person, whether religious or not, might indeed know enough to offer (...) withering jeremiads, in those cases where she sees the target of her jeremiad making flagrantly incompatible commitments. (shrink)

While greatly appreciative of Kaveny's important study of a neglected form of religious/moral discourse in the public square, this essay critically examines her metaphors for prophetic indictments and finds the metaphor of moral chemotherapy particularly problematic and the metaphor of warfare, connected with the just-war tradition, more promising. It stresses the difficulty, if not the impossibility, of avoiding contempt in prophetic indictments, as Kaveny conceives them, and finds her proposed solutions to this problem—standing with the people and expressing (...) empathy and compassion toward them—inadequate to the task. It further argues that attending to prophetic imagination, in addition to prophetic denunciation, can broaden the scope of practical deliberation and, at the same time, increase possible prophetic contributions to moral and political discourse. (shrink)

When thinking about the intersection of care and Christian bioethics, it is helpful to follow closely the account of Ruth, who turned away from security and walked alongside her grieving mother-in-law to Bethlehem. Remembering Ruth may help one to heed Professor Kaveny?s summoning of Christians to remember ?the Order of Widows? and the church?s historic calling to bring ?the almanahinto its center rather than pushing her to its margins.? Disabled, elderly and terminally ill people often seem, at least implicitly, (...) expendable. By hearing the scriptural account of Jesus? steadfast great-grandmother, readers may recall another way. One may read Ruth?s care for Naomi as a performative, prophetic act of faith. Ruth?s faithful resolve, when set next to Orpah?s prudent way, challenges the notion that a bioethic of care is innately feminine, and may further call women and men corporately to participate in a kind of care that is strenuous work. My thanks to Cathleen Kaveny for allowing me to play off the title of her insightful essay. Thanks also to Willie James Jennings, whose 1998 baccalaureate sermon on Ruth inspired and much informed this essay. I wish also to thank Ellen Davis, who taught me to read Hebrew, and to read Ruth. (shrink)

Cooperation in evil or wrongdoing is one of the most perplexing areas in bioethics, both for those working in the field and those seeking their advice. The papers collected in this book are written by philosophers, theologians and lawyers who have studied these problems and / or by those who have faced these problems in their own work in law, healthcare and research, and political campaigning. The volume includes both general treatments of the subject of cooperation and conscientious objection, and (...) more specific treatments of topics such as voting to improve unjust laws, research on fetal / embryonic cells, and care of suicidal patients. The book is offered as a guide to a field which is both of academic interest and of personal concern to those who face cooperation problems in their own life and work. Contributors include: Bishop Donal Murray, Bishop Anthony Fisher OP, Jane Adolphe, Mike Delany, John Finnis, Luke Gormally, Colin Harte, Cathleen Kaveny, Richard Myers, Charlie O'Donnell, Alexander Pruss, Neil Scolding and Helen Watt. (shrink)

This essay reconsiders Paul Ramsey’s “medical indications” policy and argues that his reconstruction of the case of Joseph Saikewicz demonstrates that there is more room for caretakers to decline treatments for “voiceless dependents” than his interlocutors have sometimes thought. It furthermore draws on Ramsey’s earlier work to propose ways that Ramsey might have improved his policy, and argues that the shortcomings of Ramsey’s view arise from his bracketing of age in making determinations about what form of medical care is owed. (...) The reading of Ramsey set forth here suggests Cathleen Kaveny’s depiction of the ‘medical indications’ policy in Ethics at the Edges of Law is too rigid and inflexible, even while it affirms other aspects of her critique. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:A Just Share: Justice and Fairness in Resource Allocation*Pat Milmoe Mccarrick (bio) and Martina Darragh (bio)Each of us has some basic sense of what the words “fair” or “just” or “fairness” or “justice” mean. Each of us probably also has an idea of what is “fair” in health care. The attempt by the state of Oregon in the mid-1980s to quantify this notion made a previously private exercise a (...) public one. This transition has been chronicled in the bioethics literature that focuses on resource allocation. These works examine both theories of justice and concepts of “health”; the fair distribution of health resources has been of continuing interest since the beginning of bioethics in the 1960s. Early writing on justice includes authors Tom L. Beauchamp, Robert H. Blank, James F. Childress, H. Tristram Engelhardt, Paul T. Menzel, Paul Ramsey, and Robert M. Veatch (VII).During the 1980s, bioethicists such as Daniel Callahan and Norman Daniels proposed thinking of health care decisions not as moments of personal crisis but as choices that span a lifetime, possibly involving tradeoffs in other areas of one’s life, e.g., education. The Oregon experience added another dimension to the discussion. The initial rank-ordering of health services by cost produced a skewed list—for example, surgery for life-threatening conditions ranked below minor, elective procedures. For the project to make sense, the ranking algorithm could not be based on cost alone, but rather on a combination of costs and benefits both to individuals and to the community—“concatenations of individual and group goods” (I, Jecker and Jonsen 1995). Various metaphors have been used in the literature to facilitate discussion of this shift from individual to individual/community trade-offs: medical services as a “commons” (I, Asch 1995, Jecker and Jonsen 1995, Michels 1994); resource allocation as a “lifeboat” (I, Campbell 1995; III, Kaveny 1994); medical care as “shares” in a community health (III, Nelson 1992, Ford and Kissick 1995; II, Anderson 1993); and rationing as traveling through the desert with one jug of water for two people (a story from the Halachah literature) (I, Zoloth-Dorfman 1995). [End Page 81]Such metaphors do not promote any one “theory of justice” but rather draw from the work of a number of bioethicists as well as from theological, sociological, economic, and business literature. The five major conceptions of justice that are referenced most frequently are: “(1) a libertarian conception, which takes liberty to be the ultimate political ideal; (2) a socialist conception, which takes equality to be the ultimate political ideal; (3) a welfare liberal conception, which takes contractual fairness or maximal utility to be the ultimate political ideal; (4) a communitarian conception, which takes the common good to be the ultimate political ideal; and (5) a feminist conception, which takes a gender-free society to be the ultimate political ideal” (I, Sterba 1995).The use of new metaphors also draws on expanded concepts of “health.” “As health care is currently practiced, the most powerful symbols for public and professional alike are those that promise the defeat of time” (I, Campbell 1995). When medical care is perceived as an unrelated series of individual cures, the fact that health care resources are finite cannot be addressed.Reflections concerning the difficulties in limiting the use of health care resources have an ancient lineage and reveal a tight bond with the obsession to postpone death at all costs. Plato in Book 3 of the Republic recognizes the quandary of infinite expectations and finite resources that characterizes the challenge of health care choices. (I, Engelhardt 1996)The proliferation of expensive medical technologies and the loss of autonomy by health care professionals further complicates perceptions of the crucial issues at hand. Some have said that Americans place too much emphasis on individualism to address these issues. Daniels et al. believe that this is too pessimistic a view and that the American commitment to protecting equal opportunity for all provides a firm basis for developing a public consensus on what is fair in health care (III, Daniels, Light, and Caplan 1996). Finally, several authors suggest that the nature of all four principles of medical ethics, not justice alone, must be... (shrink)