Religious traditions in the United States are characterized by ongoing tension between assimilation to the broader culture, as typified by mainline Protestant churches, and defiant rejection of cultural incursions, as witnessed by more sectarian movements such as Mormonism and Hassidism. However, legal theorist and Catholic theologian Cathleen Kaveny contends there is a third possibility—a culture of engagement—that accommodates and respects tradition. It also recognizes the need to interact with culture to remain relevant and to offer critiques of social, political, legal, and economic practices. Kaveny suggests that rather than avoid the crisscross of the religious and secular spheres of life, we should use this conflict as an opportunity to come together and to encounter, challenge, contribute to, and correct one another. Focusing on five broad areas of interest—Law as a Teacher, Religious Liberty and Its Limits, Conversations about Culture, Conversations about Belief, and Cases and Controversies—Kaveny demonstrates how thoughtful and purposeful engagement can contribute to rich, constructive, and difficult discussions between moral and cultural traditions. This provocative collection of Kaveny's articles from Commonweal magazine, substantially revised and updated from their initial publication, provides astonishing insight into a range of hot-button issues like abortion, assisted suicide, government-sponsored torture, contraception, the Ashley Treatment, capital punishment, and the role of religious faith in a pluralistic society. At turns masterful and inspirational, A Culture of Engagement is a welcome reminder of what can be gained when a diversity of experiences and beliefs is brought to bear on American public life.
In Ethics at the Edges of Law, Cathleen Kaveny argues that religious moralists should treat the law as a valuable conversation partner, rather than a mere instrument for enforcing judgments about morality and public policy. Using cases and concepts from tort law, contract law, and criminal law, Kaveny shows how they can be used to illuminate the work of some of the most important contemporary Christian ethicists.
Can the law promote moral values even in pluralistic societies such as the United States? Drawing upon important federal legislation such as the Americans with Disabilities Act, legal scholar and moral theologian Cathleen Kaveny argues that it can. In conversation with thinkers as diverse as Thomas Aquinas, Pope John Paul II, and Joseph Raz, she argues that the law rightly promotes the values of autonomy and solidarity. At the same time, she cautions that wise lawmakers will not enact mandates that are too far out of step with the lived moral values of the actual community. According to Kaveny, the law is best understood as a moral teacher encouraging people to act virtuously, rather than a police officer requiring them to do so. In Law’s Virtues Kaveny expertly applies this theoretical framework to the controversial moral-legal issues of abortion, genetics, and euthanasia. In addition, she proposes a moral analysis of the act of voting, in dialogue with the election guides issued by the US bishops. Moving beyond the culture wars, this bold and provocative volume proposes a vision of the relationship of law and morality that is realistic without being relativistic and optimistic without being utopian.
Religious traditions in the United States are characterized by ongoing tension between assimilation to the broader culture, as typified by mainline Protestant churches, and defiant rejection of cultural incursions, as witnessed by more sectarian movements such as Mormonism and Hassidism. However, legal theorist and Catholic theologian Cathleen Kaveny contends there is a third possibility—a culture of engagement—that accommodates and respects tradition. It also recognizes the need to interact with culture to remain relevant and to offer critiques of social, political, legal, and economic practices. Kaveny suggests that rather than avoid the crisscross of the religious and secular spheres of life, we should use this conflict as an opportunity to come together and to encounter, challenge, contribute to, and correct one another. Focusing on five broad areas of interest—Law as a Teacher, Religious Liberty and Its Limits, Conversations about Culture, Conversations about Belief, and Cases and Controversies—Kaveny demonstrates how thoughtful and purposeful engagement can contribute to rich, constructive, and difficult discussions between moral and cultural traditions. This provocative collection of Kaveny's articles from Commonweal magazine, substantially revised and updated from their initial publication, provides astonishing insight into a range of hot-button issues like abortion, assisted suicide, government-sponsored torture, contraception, the Ashley Treatment, capital punishment, and the role of religious faith in a pluralistic society. At turns masterful and inspirational, A Culture of Engagement is a welcome reminder of what can be gained when a diversity of experiences and beliefs is brought to bear on American public life.
Can the law promote moral values even in pluralistic societies such as the United States? Drawing upon important federal legislation such as the Americans with Disabilities Act, legal scholar and moral theologian Cathleen Kaveny argues that it can. In conversation with thinkers as diverse as Thomas Aquinas, Pope John Paul II, and Joseph Raz, she argues that the law rightly promotes the values of autonomy and solidarity. At the same time, she cautions that wise lawmakers will not enact mandates that are too far out of step with the lived moral values of the actual community. According to Kaveny, the law is best understood as a moral teacher encouraging people to act virtuously, rather than a police officer requiring them to do so. In Law’s Virtues Kaveny expertly applies this theoretical framework to the controversial moral-legal issues of abortion, genetics, and euthanasia. In addition, she proposes a moral analysis of the act of voting, in dialogue with the election guides issued by the US bishops. Moving beyond the culture wars, this bold and provocative volume proposes a vision of the relationship of law and morality that is realistic without being relativistic and optimistic without being utopian.
An interdisciplinary conversation between law and Christian thought exists, but has so far been centered in the legal academy. Law scholars have fruitfully critiqued contemporary legal and jurisprudential issues by drawing upon concepts and norms from the field of religious ethics. However, the conversation needs to move in the opposite direction as well-centered in religious studies and theology and reaching out to the legal field. Ethics at the Edges of Law begins this movement by arguing for the discipline of law as a valuable source of moral wisdom and conceptual insight for ethicists. Cathleen Kaveny shows how the work of important contemporary figures in Christian ethics, including John Noonan, Stanley Hauerwas, and Margaret Farley, can be enriched and illuminated by engagement with particular aspects of the American legal tradition. The book is divided into three parts: Part I, "Narratives and Norms," examines how the legal tradition can shed light on the development of religious and moral traditions. Part II, "Love, Justice, and Law," uses particular legal cases to advance questions about the relationship of love and justice in Christian ethics. Part III, "Legal Categories and Theological Problems," shows how legal concepts can reframe and even resolve moral controversies within religious communities. With this book, Kaveny leads the way towards a mutually profitable exchange between the American legal tradition and the tradition of Christian ethics.
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