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In Christ,

+Fr Gregory

Use v. Status

For consideration from today’s (12/3021) Wall Street Journal:

In next week’s case, Carson v. Makin, the justices will have to decide whether this theoretical distinction between status and use will become part of the constitutional rule.

Maine previously argued that court precedents required governments to avoid supporting religion, even if that meant they were not acting neutrally. Yet the Supreme Court has steadily moved away from that approach over the past few decades. Maine parents brought this suit, claiming the tuition support program’s rules violate the First Amendment. (We have filed a friend-of-the-court brief in this case.) A federal appeals court upheld the “sectarian” exclusion because it withholds money from the schools based not on their status as religious schools but for using the funds to teach religious curricula.

This sort of semantic gamesmanship provides one of the most obvious reasons why such an arbitrary construction must be abandoned. Status and use are permeable categories that can be contorted to achieve preferred but unprincipled legal outcomes. Moreover, the status-use distinction undercuts existing government programs that distribute public funds promoting important secular goals. The federal government and many states provide grants to religious institutions that fund health and educational services, security and disaster relief, and much more. Excluding faith-based institutions from receiving funds that serve societal goals because use of those funds happens to overlap with religious uses is the constitutional equivalent of cutting off your nose to spite your face.

The status-use distinction is also discriminatory. Consider Jews committed to fulfilling the commands of Jewish law, which governs everything from how Jews should pray, eat and dress to safety regulations, medical ethics and commercial practices. Jewish law has such wide scope that it infuses the performance of seemingly secular activities with religious purpose.

This comprehensiveness means the status-use distinction will yield terrible consequences. Some rabbinic organizations have ruled that Jewish law, which “obligates us to care for our own health and to protect others from harm and illness,” imposes a religious obligation to take a Covid-19 vaccine. On such a basis, could states exclude Jewish institutions from vaccine-related funding because it would be a religious use?
Jewish law’s safety regulations also require that construction be done in such a way to remove and protect against life-threatening obstacles. Could states, in the allocation of historic-preservation grants, choose to provide funding to Jewish institutions, but withhold funds to promote safety because such funds would be used for a religious purpose?
It’s clearly unjust for states to withhold funds simply because they have secular and religious uses. Doing so is premised on a worldview that takes for granted a neat division between the secular and the religious. Few religions have such dividing lines. If the court is serious about protecting all faith communities equally, then it should prohibit religious discrimination based on status and use alike.

Business Helps Best by Making a Profit

Businesses do good for society when they focus on their primary goal of making a profit by serving customers within the limits of law and morality. When they deviate from this–either by transgressing against the morality and law or by trying to go beyond their primary goal–they risk becoming a force of social harm:

One of the most interesting critiques of corporate social justice is Vivek Ramaswamy’s book Woke, Inc.: Inside Corporate America’s Social Justice Scam. Ramaswamy makes a strong case that corporations’ claims to be serving the greater good often hide dishonesty, self-promotion, self-dealing, and even outright corruption. Even when the desires of CEOs and companies are altruistic, Ramaswamy argues that the deviation from their narrow purpose confers more power on corporations than they are supposed to have in democratic society. The limited focus of companies is there in no small part to protect democracy from corporations becoming excessively powerful super-citizens (as Milton Friedman argued in an influential essay back in 1970).

Source: Jonathan Haidt and Greg Lukianoff, How to Keep Your Corporation Out of the Culture War

Don’t Attack the System, Change the Law

From Madison’s (former) Mayor Dave:

I am not celebrating Kyle Rittenhouse’s acquittal on five charges last week.

Rittenhouse should not have been in Kenosha in the first place and he most definitely should not have been carrying an AR-15. In my view, nobody should be carrying an assault rifle. Their sale and possession should be banned outside of the military.

But as John Gross, Director of the Public Defender Project at UW-Madison, has pointed out, the problem was not the jury, but the law. Gross argued in a Sunday oped in the Wisconsin State Journal that the jury correctly applied Wisconsin law with regard to self-defense. That law requires the prosecution to prove beyond a reasonable doubt that the defendant was not acting in self-defense. That’s a high bar and the prosecution in this case didn’t meet it.

The jury did not say that Rittenhouse was innocent or that he showed good judgment or that he was a good person. They simply concluded that he was not guilty, beyond a reasonable doubt, of the charges brought against him. So, it’s important not to read too much into this.

Rather than pointing to the Rittenhouse verdicts as another example of how our system failed, we should see it as our system working remarkably well. The question before the jury was not about the First Amendment or the Second Amendment or Black Lives Matter or vigilantism or any other hot-button culture wars issues that commentators on Fox or MSNBC wanted to make it out to be. The question was a narrow one carefully defined in law. The jury took its time and reached a more than defensible legal conclusion.

If you don’t like the result — and I don’t — then the answer is to change the law, not to throw out or defame our system of justice.

The Miracle of America

At the conclusion of every school year, most American children receive a book with their photos and names in it, honoring them long before they have done anything worth committing to print. Perhaps most of their parents assume that the individuality of every child is celebrated elsewhere. But in most of the world most lives begin and end without much of a trace.

Non-immigrant Americans do not realize the beautiful design of the society that leads them toward living and planning for the future, as opposed to preoccupying them with martyrdom and the grudges of yore. In most other places, a tragedy like 9/11 would have been the occasion for a National Day of Mourning. In America, it is remembered as a National Day of Service.

America has many failings—our growing economic inequality perhaps among the gravest of them all. Such a failure is more than a mere flaw. It is an existential threat inflicted by ourselves upon our own democracy. Yet the first step to saving our democracy from this and other threats is to recognize the miracle of its existence in the first place. We cannot plot our way to a better future if we are not aware of our abundant riches, those for which countless others are fighting and dying elsewhere in the world, and for which immigrants still flock, ceaselessly, to our shores.

Roya Hakakian

Source: A Modern-Day Pilgrim From the ‘Land of No’ – by Roya Hakakian – Common Sense with Bari Weiss

Vigilantism vs Mob Justice

Like our politics and our media, the legal system has become a vehicle for collective rage; there is no room for doubt or deviation from our predispositions. Yet in denouncing “vigilante justice,” pundits and politicians seem to be advocating for a form of mob justice.

The difference between vigilante and mob justice? Perspective and numbers.

For some, Rittenhouse running down Sheridan Road in Kenosha with his AR-15 is a vigilante. For Rittenhouse, people chasing him with guns and chains is a mob. Neither involves actual justice, which is what juries mete out through the dispassionate application of law and facts.

***

Some were not satisfied to simply denounce the jury or judge as racists. Former NFL quarterback Colin Kaepernick declared that this was the final proof of a “system built on white supremacy” that “further validates the need to abolish our current system.” What appeared infuriating … about Kenosha was the absence of mob justice, not a victory of vigilante justice: Rittenhouse personified all of our social ills and had to be punished, sentenced to life in prison on the basis of popular opinion.

That, of course, would transcend evidence or law. It would be a system based on demand, not deliberation — the very definition of mob justice.

Source: Unrequited Rage: The Demand for Mob Justice in the Rittenhouse Trial – JONATHAN TURLEY

Althouse: The government — in failing to maintain order in Kenosha — deserves blame for the Kyle Rittenhouse incident.

Ann Althouse writes:

Rittenhouse and every other individual — except a truly deranged person, such as, perhaps, Rosenbaum — are responsible for his own actions. We tend to focus on the actions of other human beings, and the trial was a spectacle commanding us to focus on Rittenhouse. The government puts on that show, and that show distracts us from the failings of government.

The first moral obligation of government is to protect life and property. When it doesn’t, as it didn’t do in Kenosha, as it didn’t do here in Madison and around the country, innocent lives are put at risk. Because elected officials failed to do what they swore to do, two men in Kenosha are dead and two others are maimed, one physically, the other morally.

in Christ,

Fr Gregory

Asking and Offering Prayers for the well-being of His All-Holiness Ecumenical Patriarch

3 November, 2021

Feast of Venerable ILARION the Great of Palestine

Dearly Beloved Clergy and Faithful of our Holy Ukrainian Orthodox Church of the USA,

CHRIST IS AMONGST US! IS AND ALWAYS SHALL BE!

We rush to share with you troubling news about our Spiritual Father, His All-Holiness, Ecumenical Patriarch of Constantinople, BARTHOLOMEW I, has been hospitalized this day to determine the cause of recent physical discomfort and pain in his chest was admitted to Mt. Sinai Hospital in New York City. We have just been informed that he underwent a procedure for a stent placement to increase blood flow through the heart. We understand that the procedure was successfully completed and that His All-Holiness is resting well. If this continues overnight, he will be released from hospital tomorrow morning to make his return flight to Constantinople and the Patriarchal residence. He will have follow-up care with his regular physicians and we are thankful for this because we know that it feels “better and more safe” if something like this takes place near home, rather than half-way around the world.

We ask you all to immediately include His All-Holiness in your prayers beseeching our Lord’s abundant protection to him, healing him completely:

“O Heavenly Physician, You did send your Only-Begotten Son, our Lord and Savior Jesus Christ to heal us and comfort us, that He may look down upon your servant, His All-Holiness Patriarch Bartholomew and extend His healing touch into His life, raising him up from temporary illness so that He may lead us for generations to come in faithful service to You with all our hearts, minds and souls. Grant him all the physical, spiritual and emotional strength to rebound from this temporary setback to continue his powerful witness before You and all the world beseeching our salvation and protecting all Your Creation from disuse and abuse for the generations to come. Hear us, O Lord, and strengthen us in our own prayers for his All-Holiness and for all Your people. For You are blessed and You Love all mankind. We give Glory to You, Father, Son and Holy Spirit, now and ever and unto ages of ages. Amen.”

+ ANTONY

By the Grace of God, Metropolitan

+ DANIEL

By the Grace of God, Archbishop

Source: UOCUSA

Wealthy, White, and Divisive: the Elite on Left AND Right Are Tearing Us Apart

We now know a lot more about the polarization spiral and who is driving it. The Hidden Tribes study, published in 2018 by the UK-based group More In Common, surveyed 8,000 Americans in December 2017 and used a statistical technique to identify groups of people who had similar core beliefs. They found seven groups. The one furthest to the right they labeled the “Devoted Conservatives.” This group makes up 6% of the population. Its members are “deeply engaged with politics” and hold “strident, uncompromising views.” Devoted conservatives see themselves as the last defenders of traditional values that are under threat from the far left. This group was clearly overrepresented in the attack on the US Capitol in January 2021.The group furthest to the left were the “Progressive Activists.” This group, which makes up 8% of the population, is “highly sensitive to issues of fairness and equity, particularly with regards to race, gender and other minority group identities.” Progressive Activists talk frequently about “power structures” and how they cause and maintain inequality. They are the most active of all groups on social media. This group is clearly overrepresented in campus protests

Source: Haidt and Lukianoff: The Polarization Spiral – by Jonathan Haidt and Greg Lukianoff – Persuasion

The Religion that is ‘Woke Racism’

McWhorter reminds us that, of the many professional “defenestrations” that occurred in 2020, most were carried out over Slack or Zoom, where empathy-producing mirror neurons (activated when being physically present with someone) were unavailable. Technological mediums have a way of rewiring our psyches to meet their demands: books give us bookish minds, just as television encourages us to see things televisually. It’s not surprising then, that activism inside the hive-mind of social media, which incentivizes performance and attention (virality), will invariably lead to mob justice.

……

“One of the pillars of third wave anti-racism is consequentialism—the idea that, because impact supersedes intent, it doesn’t matter what was meant by a statement or action, what matters is how it is received. This is common to both DiAngelo’s self-policing prescriptions and Kendi’s definition of racism, which shifts its focus from perpetrator to victim. At first, this seems like a useful re-definition that relieves us of the need to interrogate one another’s souls. But the consequentialist model is slippery. Rather than deriving claims from available evidence, modern anti-racism affirms a priori conclusions (that people are inherently racist, and that all unequal outcomes have racist origins) and then demands that the evidence be made to support them.”

Source: ‘Woke Racism’—A Review

Nature / nurture

The distinction between nature and nurture seems as impossible to justify as it is to let go. It rarely holds up in controversial cases but we keep appealing to it anyway.

Nature-nurture suggests something of the old distinction between nature and art, though Aristotle divided them primarily so that  what we knew about art could illumine things that arose from nature. We, however, don’t want art to illumine nature but to be sharply contrasted to it out of a determinist account of nature that makes it the irresistible or “hard-wired” in opposition to the social or chosen area of causes under our control. The older distinction between nature and art didn’t see nature in this determinist way nor did it see free choices – even for God – as entirely independent from the determined or necessary.

In the face of what we want to say about nature (as opposed to nurture) Aristotle and his tradition would have just spoken of a hexis or a disposition differing from other dispositions by its relative fixity. Latin Aristotelianism called this a habitus, which is within calling distance of the English habit, though a habitus includes any stable disposition to some activity, e.g. rocks have the habitus of falling, falcons of flying, drunks to drinking, extroverts to positive feelings, etc. The stability of the habit is its relevant note and not the principle of the habit in nature or nurture. Oddly, this stability seems to be what we’re driving at in the “nature-nurture” distinction, though it would be clearer and more exact for us to stop trying end the trial of nature v. nurture and just speak of a habitus. What we call a sexual orientation, for example, is clearly a habitus while the question of its principle in nature or nurture is probably both unanswerable and not-universal. In general, any habitus could also be our identity.

But if all we can agree on is that something is a habitus this leaves it an open question whether it is good or bad, which is, one supposes, what we really want to talk about in the first place.

 

Source: Nature / nurture | Just Thomism