Long Gaps of Silence

Sorry about it, but combined with work and my obsession with setting people right on the bulletin boards at a certain singles website that I actually to paid to join, I just haven't had an opportunity to post anything here. Fear not, though, my faithful 2 or 3 readers, I'm not going anywhere, and this blog will remain "active" for the indefinite future.

Underground Bishop in China Dies

The fact that Monsignor Xie was ordained in 1949 really says something about his level of commitment to the Church love of Christ. That is the year, of course, that China became a Communist state.

The bishop of Mingdong was 88 when he succumbed to leukaemia on Thursday.

Vatican Radio said that Monsignor Xie was first arrested in 1955 because of his loyalty and obedience to the Pope.

(...)

Monsignor Xie served four separate prison terms and according to the Vatican was kept under surveillance by the authorities until his death.

The Vatican praised him as a "courageous witness to Christ".

Monsignor Xie was ordained in 1949 and became a bishop 1984.

Newsweek Profiles Fanciscan U. Students

And, not surprisingly, describes them as "ultradevout" (i.e., fanatics) and some as "unapologetically judgmental" (i.e., "holier than thou" types). I especially like this "we of the elite secular media think you're a bunch of religious kooks" line:

Even under John Paul II's conservative successor, it is a stretch to say that young Catholics like these—whose numbers nationally are impossible to determine—represent the future of the church.

Is Assassination Morally Justifiable?

Amidst all the flak -- from both the Left and Right -- that Pat Robertson has been getting for suggesting that Hugo Chavez ought to be assassinated, I don't think I've actually heard or seen anyone wonder whether the assassination of a tyrant could ever be morally justified. There seems to be an almost automatic acceptance, especially among a Catholics, that assassination is always wrong. But is it?

Well, I did a little searching on the 'net and I found this illuminating article from 2001 by a priest in the Arlington Diocese who expounds a bit on what St. Thomas Aquinas once wrote about eliminating tyrants.

St. Thomas Aquinas gave the most substantial argument for tyrannicide. He based his position on his arguments for just war and capital punishment. St. Thomas concluded, "He who kills a tyrant (i.e. an usurper) to free his country is praised and rewarded" (In 2 Sentences, 44.2.2).

A tyrant by usurpation has illegitimately seized power and, therefore, is a criminal. When there are no other means available of ridding the community of the tyrant, the community may kill him. According to St. Thomas, the legitimate authority may condemn him to death using the normal course of law. However, if the normal course of law is not available (due to the actions of the tyrant), then the legitimate authority can proceed "informally" to condemn the tyrant and even grant individuals a mandate to execute the tyrant. A private citizen who takes the life of a tyrant acts with public authority in the same way that a soldier does in war.

The key conditions for a justifiable act of tyrannicide in this case include that the killing be necessary to end the usurpation and restore legitimate authority; that there is no higher authority available that is able and willing to depose the usurper; and that there is no probability that the tyrannicide will result in even greater evil than allowing the usurper to remain in power.

A tyrant by oppression is one who has come to power legitimately, but rules unjustly, oppressively, and arbitrarily. Here the community must confront the tyrant, and if necessary, depose him, formally or informally, according to the course of law available. In most circumstances, a private citizen morally cannot kill a tyrant by oppression, because the tyrant came to power through a legitimate means and thereby the community must depose him. If the community does depose the tyrant, according to St. Thomas, he becomes now a tyrant by usurpation and thereby may be eliminated by an act of justifiable tyrannicide in accord with the above norms.

However, if the tyrant by oppression attacks the citizen, jeopardizes the welfare of the community with the intent leading it to destruction or killing the citizens, or commits other evils, then a private citizen can morally commit an act of justifiable tyrannicide. Moreover, if because of the tyrant’s rule, a nation cannot defend itself, is on the course of destruction, and has no lawful means to depose or to condemn the tyrant, then a citizen may commit an act of justifiable tyrannicide. Interestingly, many modern political philosophers would posit that a leader who abuses power and has become tyrannical ipso facto loses legitimacy and becomes an usurper.

Whether the proper conditions actually exist for legitimately killing Hugo Chavez by way of assassination, I don't know. But given what one of the great philosophers, theologians and Doctors of the Church has apparently said about tyranicide, maybe it's worth some analysis.

Jurisprudential Maxim of the Day

California Civil Code Section 3537: "Superfluity does not vitiate."

This was pointed out to me by my boss the other day after he reviewed a rather lengthy worded complaint (i.e., lawsuit) I drafted for a client.

Religious Conflict in Ukraine

Ukraine's Eastern Rite Catholics on Sunday moved their church headquarters to Kiev amid protests from nationalists and objections from Orthodox believers whose leaders warn the move will further stoke inter-church tensions.

Cardinal Lubomur Husar conducted a ceremony for more than 1,000 believers and priests of the Ukrainian Greek Catholic Church after he was declared Metropolitan of Kiev and after a priest announced the church's move from the western city of Lviv.

While priests and believers sang hymns against the backdrop of a new church being built, several hundred nationalists and Orthodox believers gathered under red flags, carrying Orthodox icons, chanting through loudspeakers and partially drowning out Husar's words.

``Orthodox or death!'' some yelled as others jostled believers trying to attend the service. ``You can kill us but you cannot take our faith from us!'' others yelled.

Wow. This level of hostility toward the Catholic Church easily exceeds a lot of the stuff that I've seen coming out of some quarters of American Protestantism. Then again, since the conflict between the Orthodox and Catholic Church has been around for over a thousand years, I suppose it really shouldn't be too surprising.

Payne & Fears, LLP

Believe it or not, that's the name of an actual law firm here in the OC. My firm is going up against them in a wage claim/employment discrimination case.

This is Your Brain on Paganism

With World Youth Day in full force in Germany, a small bunch of yahoos called the Committee for Pagan Fun turns out to protest the "invasion." I was going to provide some commentary to the following excerpts, but the stupidity contained therein is pretty self evident.

The Committee, made up of artists, psychologists, philosophers, pacifists, atheists and people who do not identify with any religion, has organised marches against World Youth Day, whose events stretch through Sunday.

The Committee also complains that one denomination has temporarily taken over this city on the banks of the Rhine, and to a lesser extent the nearby Düsseldorf and Bonn.

"Cologne has been invaded by an army of sanctimonious people," said theologian Michael Schmidt Salomón, spokesman for the Committee.

"With our religion-free zones, we want to offer asylum to all of those who feel persecuted by this state-sponsored 'holiness'," he told IPS.

(...)

"The Church is an old, wrinkled, obsolete dinosaur," said sculptor Jacques Tilly, who created a float of a dinosaur wearing a crown and watching over a flock of sheep.

"I don't want to insult any Christians, but I want to show that we are also still here," he added.

(...)

"I already did the paperwork for dropping out of the Church. I'm not going to continue backing causes that I don't believe in," Sven, a young history teacher, told IPS.

Stumped

Is a check a type of contract for purposes of CCP Section 337?

Pro-Abortion Logic

As captured by Captain Ed in a picture that was taken of protesters outside of the Justice Sunday II event.

The "It's a Calling from God" Trump Card

Guaranteed to be used by those Catholics trying to put a religious spin into their otherwise self-centered and political-based dissent.

Susan Ringler believes she faithfully lived out the teachings of the Roman Catholic Church during her first five decades of life. She manifested it in Paz de Cristo social ministry to the East Valley poor, as a liturgy coordinator at St. Timothy’s parish in Mesa and through ecumenical work.

Until a couple of years ago, she held out hope that lay Catholics and women would gain roles of importance, but the church, she says, has turned hard-line and any dream of eking out more change from Vatican Council II of 40 years ago long faded.

So Ringler joined the independent United Catholic Church, which last Sunday ordained her as a deacon and put her in line to become a priest if she chooses. As a woman, she could hold neither role in the Roman Catholic Church.

"As a Roman Catholic woman, to think that you have a calling to a deeper ministry from God is almost blasphemy, and the guilt associated with that is huge," says the mother of three grown children who trained as a registered nurse. "It took me a long time to realize that my calling was from God." She says the affirmation she received from family, friends and others redoubled her desire to serve more deeply in ministry and assuaged "guilt that comes naturally to Catholics."

Yes, I Was A Member

With all the MSM handwringing over whether SCOTUS nominee John Roberts was ever a member of the Federalist Society I just wanted to make it perfectly clear to the world that not only was I a Federalist Society member, I was the founder of a student chapter at my law school. With that being said, I await the President's call informing me that I will be nominated to replace Justice William Rehnquist on the SCOTUS.

Hey, even in a one in a million chance, there's still a chance.

"Legitimacy"

As pretty much expected, the thoroughly Catholic Ave Maria School of Law received full accreditation from the American Bar Association. (link via Southern Appeal) Insofar as the secular legal profession is concerned, this gives the school a general sense of legitimacy that "non-ABA" schools (like the one yours truly graduated from)lack. Whether this perception is warranted is up for debate, but I did have to laugh at this comment that Ave Maria reportedly made upon receiving the ABA seal of approval: "Achieving ABA accreditation signifies that a particular law school provides a sound legal education of high quality..." Why is this laughable? Because it presumes that the ABA, a profoundly politicized organization that supports the constitutional right to abortion and a host of other left-wing causes, is a credible judge of a sound legal education.

An Out of Whack Culture

I don't know how it is where you live, but you pretty much can't get around the Los Angeles area these days without seeing a billboard advertising a new movie called The 40 Year Old Virgin. As you can probably guess from the "clever" title, the premise of the movie is about a socially awkward 40 year old single guy who has never had sex. The movie is supposed to be a comedy, of course, because in our post-modern culture where men like Hugh Hefner are revered as heroes for making it ok for us to treat each other as self-gratifying objects, guys who haven't "done it" by the time they're out of high school are just, you know, freaky.

Sigh.

On a somwhat related note, Terry Mattingly speculates that the New York Times reporters who made inappropriate inquiries into the sealed adoption records of John Roberts' kids were trying to dig for more than just possible shady dealings. Anti-Catholic stereotypes, anybody?

The "Hung" Sucks

That, at least, is the opinion of the Angry Twins with regard to William Hung, the popular American Idol reject who lacks any discernable level of singing talent, but who has nevertheless been cashing in quite nicely on it.

Certainly, the fact that William Hung the singer has any level of widespread affirmative popularity is an indictment on what we collectively think is entertainment. As an individual, though, I can't really find fault with the Hung for doing what he's doing. After all, someone is willing to pay to hear his crappy voice, and he gets to meet hot chicks.

Congats to Me!

Assuming all the financial stuff goes off without a hitch, I have just become the proud new owner of a 25 year old two bedroom/two and a half bathroom townhome that I can barely afford. (Believe it or not, not all lawyers are wealthy).

There was a little haggling over the location of an existing water heater, but a fairly reasonable compromise was reached. However, I'm still going to look into whether the water heater might be regarded, from a property value standpoint, as a defect due to the very fact that it is not in a location that compiles with local building code regulations. (The placement of the water heater was probably done several years before the enactment of the regulation in question, therefore making it exempt from enforcement). I doubt I'll find anything helpful, but at least I will have the satisfaction of knowing that I've exhausted all possible options in getting out of having to pay for something that, in my opinion, I really shouldn't have to pay (i.e., the cost of moving the water heater).

Ideology Above Professionalism and Decency

Is there nothing The New Yuck Times won't do to prevent the high profile appointment or election of a person it politically disagrees with?

The NEW YORK TIMES is looking into the adoption records of the children of Supreme Court Nominee John G. Roberts, the DRUDGE REPORT has learned.

The TIMES has investigative reporter Glen Justice hot on the case to investigate the status of adoption records of Judge Roberts’ two young children, Josie age 5 and Jack age 4, a top source reveals.

Judge Roberts and his wife Jane adopted the children when they each were infants.

Both children were adopted from Latin America.

A TIMES insider claims the look into the adoption papers are part of the paper's "standard background check."

I Went to Catholic School, Therefore I'm an Expert on the Catholic Faith

For most rational people, that makes about as much sense as saying you can perform brain surgery because you stayed at a Holiday Inn Express last night. As pointed out at the Roman Catholic Blog, though, senselessness never stopped folks like Margaret Carlson from spewing ignorance out of their word processing pie-holes because it neatly fits into their secular political agenda.

My Firm Has Designated Me As Its' Family Law Attorney

That kind of thing happens when you work for a small firm that does just about everything. Lord help me. Anyone know where I can get a print of St. Thomas More to hang in my office?

Still Not Convinced

Ann Coulter is sticking to her guns with regard to her belief that John Roberts could be another David Souter.

Like John Roberts, Souter attended church regularly. Souter was also touted for his great intellect. He went to Harvard! And Harvard Law! (Since when does that impress right-wingers? So did Larry Tribe. It is one of the eternal mysteries of the world that liberals are good test-takers.)

At least when Souter was nominated, we needed a stealth nominee. The Senate was majority Democrat back then. The Judiciary Committee consisted of eight Democrats and six Republicans — two of whom were aggressively pro-abortion. A year later, faced with the same Democratic Senate, the current president's father nominated Clarence Thomas. Who would have thought the current Bush would be less macho than his father?

Roberts would have been a fine candidate for a Senate in Democratic hands. But now we have 55 Republican seats in the Senate and the vice president to cast a deciding vote — and Son of Read-My-Lips gives us another ideological blind date.

(...)

Republicans are desperately trying to convince themselves that Roberts will be different because they want to believe Bush wouldn't let us down on the Supreme Court. Somewhere in America a woman is desperately trying to convince herself that her husband won't hit her again because he told her "things are going to be different this time." (And yes, that woman's name is Whitney Houston.)