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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.
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.
American culture warriors have plenty to argue about, but battles
over such issues as abortion and torture have as much to do with
rhetorical style as moral substance. Cathleen Kaveny reframes the
debate about religion in the public square by focusing on a
powerful stream of religious discourse in American political
speech: the Biblical rhetoric of prophetic indictment. "Important
and path-breaking. The place of religious discourse in the American
public square has received much attention for many years, but the
role of prophetic indictment has been largely overlooked. Kaveny's
book not only opens a 'new front' in these debates, but starts the
conversation with a rich analysis of the history and function of
prophetic discourse." -Kathleen A. Brady, Commonweal "A monumental
achievement, and a much-needed addition to the academic and
societal conversation about the role of religion in public life. In
precise prose and with careful analysis, Kaveny challenges some of
the leading theorists about public discourse and puts forward her
own theories, all accompanied by a storyteller's gift for anecdote
and a philosopher's talent for explication." -Michael Sean Winters,
National Catholic Reporter
Ethics at the Edges of Law makes the case that religious moralists
should treat the discipline of law as a valuable conversation
partner, rather than reducing it to a vehicle for enforcing
judgments about morality and public policy. Religious moralists
should treat the secular law as a source of moral wisdom and
conceptual insight, in the same way that they treat the discipline
of philosophy. Cathleen Kaveny develops her argument by showing how
the work of a range 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 workings of the legal tradition can shed light on the
development of religious and moral traditions. Part II, "Love,
Justice, and Law," uses particular legal cases and controversies to
advance questions about the relationship of love and justice in
Christian ethics. Part III, "Legal Categories and Theological
Problems," shows how legal categories and concepts can help reframe
and even resolve particular moral controversies within religious
communities. Ethics at the Edges of Law jumpstarts a fruitful,
mutually engaged conversation between the American legal tradition
and the tradition of Christian ethics.
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