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)

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)

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)

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)