Hamburger, “Liberal Suppression”

A second book that is critical of liberalism for this Thanksgiving week, this one by my old teacher and friend, Philip Hamburger. Hamburger’s work on separation of church and state has been formative for my own understanding of that particular model in the United States. In this new book, Liberal Suppression: Section 501(c)(3) and the Taxation of Speech (University of Chicago Press), he explores the ways in which this provision of the tax code has been used to silence what he has elsewhere called “idealistic organizations”–particularly those with orthodox religious views–in exchange for exemption from taxation (image of the book not yet available).

In the course of exempting religious, educational, and charitable organizations from federal income tax, section 501(c)(3) of the Internal Revenue Code requires them to refrain from campaign speech and much speech to influence legislation. These speech restrictions have seemed merely technical adjustments, which prevent the political use of a tax subsidy. But the cultural and legal realities are more disturbing.

Tracing the history of American liberalism, including theological liberalism and its expression in nativism, Hamburger shows the centrality of turbulent popular anxieties about the Catholic Church and other potentially orthodox institutions. He argues persuasively that such theopolitical fears about the political speech of churches and related organizations underlay the adoption, in 1934 and 1954, of section 501(c)(3)’s speech limits. He thereby shows that the speech restrictions have been part of a broad majority assault on minority rights and that they are grossly unconstitutional.

Along the way, Hamburger explores the role of the Ku Klux Klan and other nativist organizations, the development of American theology, and the cultural foundations of liberal “democratic” political theory. He also traces important legal developments such as the specialization of speech rights and the use of law to homogenize beliefs. Ultimately, he examines a wide range of contemporary speech restrictions and the growing shallowness of public life in America.

His account is an unflinching look at the complex history of American liberalism and at the implications for speech, the diversity of belief, and the nation’s future.

On the Alliance between Evangelicals and Orthodox Christians

At the First Things site this morning, I have an essay challenging conventional wisdom on the nascent political alliance between American Evangelicals and the Russian Orthodox Church. Here’s a sample:

With respect, I am skeptical of the consensus on both these points. First, I doubt that this alliance can be deep or long-lasting. True, some Evangelical leaders have spoken well lately of Vladimir Putin, who makes Orthodoxy a major part of his public image, and some Evangelical organizations have cooperated with the Russian Orthodox Church in international conferences on the family. But profound differences in belief and practice exist, which will be very difficult to overcome, assuming either side even wishes to overcome them. Evangelicals are not likely to see the value of venerating icons, for example, and the Orthodox are not likely to accept Evangelical ecclesiology. An alliance between the Catholic and Orthodox Churches, which share much more in terms of practice and spirituality, would make more sense. I also wonder how many people outside the leadership know about the nascent alliance or take it seriously. International conferences are one thing; actual commitment in the pews (assuming there are pews!) is quite another.

Nevertheless—and here is the second point—if an alliance is forming, it does not strike me as necessarily insincere. Politics no doubt play a role. But Evangelicals and Orthodox may also see each other, genuinely, as allies in a conflict with an aggressive progressivism that sets the agenda in the US and on the world stage. Religious conservatives could easily feel under siege and look for reinforcements.

You can read the whole essay here.

Deneen, “Why Liberalism Failed”

From our friend and Tradition Project collaborator, Patrick Deneen, comes this Deneenimportant new book: Why Liberalism Failed (Yale University Press). The book follows from some of Deneen’s arguments and essays in recent volumes, but this is a more comprehensive treatment of a subject that has occupied him for several years. Stay tuned in the early months of the new year for a review that explores the relevance of his arguments and insights for law–and law and religion in specific.

Of the three dominant ideologies of the twentieth century—fascism, communism, and liberalism—only the last remains. This has created a peculiar situation in which liberalism’s proponents tend to forget that it is an ideology and not the natural end-state of human political evolution. As Patrick Deneen argues in this provocative book, liberalism is built on a foundation of contradictions: it trumpets equal rights while fostering incomparable material inequality; its legitimacy rests on consent, yet it discourages civic commitments in favor of privatism; and in its pursuit of individual autonomy, it has given rise to the most far-reaching, comprehensive state system in human history. Here, Deneen offers an astringent warning that the centripetal forces now at work on our political culture are not superficial flaws but inherent features of a system whose success is generating its own failure.

Around the Web

Here are some important law-and-religion news stories from around the web:

Kotkin, “Stalin”

9781594203800Rounding out this week’s posts, here is a new and well-received book from Penguin Random House, Stalin: Waiting for Hitler, 1929-1941by Princeton historian Stephen Kotkin. The book focuses on the period of forced collectivization, during which Stalin consolidated the Communist regime and, in the process, killed almost a million people. The 1930s were also the time of the most vicious persecution of the Russian Orthodox Church, led by the so-called League of the Militant Godless. Tens of thousands of churches were closed, and hundreds of thousands of clergy executed. After 1941, when Stalin needed the help of the Church in rallying opposition to Hitler, the persecution lifted a bit, but the real damage already had occurred. Here’s a description of the book from the publisher’s website:

Pulitzer Prize-finalist Stephen Kotkin has written the definitive biography of Joseph Stalin, from collectivization and the Great Terror to the conflict with Hitler’s Germany that is the signal event of modern world history

In 1929, Joseph Stalin, having already achieved dictatorial power over the vast Soviet Empire, formally ordered the systematic conversion of the world’s largest peasant economy into “socialist modernity,” otherwise known as collectivization, regardless of the cost.

What it cost, and what Stalin ruthlessly enacted, transformed the country and its ruler in profound and enduring ways. Building and running a dictatorship, with life and death power over hundreds of millions, made Stalin into the uncanny figure he became. Stephen Kotkin’s Stalin: Waiting for Hitler, 1929–1941 is the story of how a political system forged an unparalleled personality and vice versa.

The wholesale collectivization of some 120 million peasants necessitated levels of coercion that were extreme even for Russia, and the resulting mass starvation elicited criticism inside the party even from those Communists committed to the eradication of capitalism. But Stalin did not flinch. By 1934, when the Soviet Union

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Around the Web

Here are some important law-and-religion news stories from around the web:

Rommen, “Into All the World”

intoalltheworld__33962.1509128445.300.300Earlier this week, I posted about the new Pew Report on Orthodox Christianity, which focuses, in part, on the Ethiopian Orthodox Church. I argued that the Ethiopian Church, an ancient Christian communion without colonial associations, is well positioned to do missionary work in Africa, where Christianity is booming. To do so, though, the Church may have to overcome a mindset that views missionary work as something for other Christians. I don’t know too much about the Ethiopian Church, but one often hears expressed, in other Orthodox circles, a reluctance to engage in missionary work–a reluctance that may be more comprehensible to Western Christians when one realizes that such work exposes missionaries to a real threat of murder in many areas where Orthodox live.

A new book from the St. Vladimir’s Seminary Press, Into All the World: An Orthodox Theology of Mission, by Edward Rommen (Duke Divinity School), explores these issues. Here’s the description from the publisher’s website:

Fr Edward Rommen makes the case that it is now time to reexamine the theological underpinnings of the Eastern Orthodox Church’s mission to the world. Globalization has clearly altered the various fields on which missions are carried out. Christians in the West, to their credit, have been actively developing a missional response to these changes. As a result, missiology and missions theology are well established in the academic institutions of the West. However, the Orthodox Church has, in spite of its rich history of missionary activity, been notably absent from these discussions. But now this is changing.

As the constraints of political and religious oppression have eased, the Church is awakening to its own history, but more importantly to its own missionary responsibility. There has been a great deal of fresh activity among Orthodox scholars that can enrich our reexamination of the Church’s mission. So it is now indeed an opportune time to tap into the biblical, historical, and traditional resources of the Orthodox Church and attempt to reformulate a systematic, theological statement of the rationale and goal of mission, to reaffirm the centrality of the Church in missionary outreach, to describe for a new generation the nature of the gospel and the basic content of church education, and to rearticulate the guidelines that should govern our mission work.

Vosganian, “The Book of Whispers”

9453aa94e9dd50e2c55ac53c0b7d9ad2Continuing our focus this week on Orthodox Christians, here is a new book from Yale University Press on the Armenian Genocide of 1915, an ethnic cleansing campaign against Armenian Orthodox Christians in Ottoman Turkey that also swept up Greek and Syriac Orthodox Christians, as well as Catholics and Protestants. The Book of Whispers, is by Romanian parliamentarian Varujan Vosganian. Here’s the description from the Yale website:

A harrowing account of the Armenian Genocide documented through the stories of those who managed to survive and descendants who refuse to forget

The grandchild of Armenians who escaped widespread massacres during the Ottoman Empire a century ago, Varujan Vosganian grew up in Romania hearing firsthand accounts of those who had witnessed horrific killings, burned villages, and massive deportations. In this moving chronicle of the Armenian people’s almost unimaginable tragedy, the author transforms true events into a work of fiction firmly grounded in survivor testimonies and historical documentation

Across Syrian desert refugee camps, Russian tundra, and Romanian villages, the book chronicles individual lives destroyed by ideological and authoritarian oppression. But this novel tells an even wider human story. Evocative of all the great sufferings that afflicted the twentieth century—world wars, concentration camps, common graves, statelessness, and others—this book belongs to all peoples whose voices have been lost. Hailed for its documentary value and sensitive authenticity, Vosganian’s work has become an international phenomenon.

Frankfurter, “Christianizing Egypt”

9780691176970_0The Coptic Church today is suffering one of the worst periods of persecution in its history. Yet few Americans, including American Christians, know much about it. In fact, I’d guess that most Americans, including American Christians, assume that Egypt is uniformly Muslim, except for a handful of American Evangelical missionaries and their congregations. In fact, Christianity has ancient roots in Egypt, and the Coptic Church preserves some of the earliest Christian traditions.

A new book from Princeton University Press, Christianizing Egypt: Syncretism and Local Worlds in Late Antiquity, by Boston University Professor David Frankfurter, discusses some of that history. Here’s the description from the Princeton website:

How does a culture become Christian, especially one that is heir to such ancient traditions and spectacular monuments as Egypt? This book offers a new model for envisioning the process of Christianization by looking at the construction of Christianity in the various social and creative worlds active in Egyptian culture during late antiquity.

As David Frankfurter shows, members of these different social and creative worlds came to create different forms of Christianity according to their specific interests, their traditional idioms, and their sense of what the religion could offer. Reintroducing the term “syncretism” for the inevitable and continuous process by which a religion is acculturated, the book addresses the various formations of Egyptian Christianity that developed in the domestic sphere, the worlds of holy men and saints’ shrines, the work of craftsmen and artisans, the culture of monastic scribes, and the reimagination of the landscape itself, through processions, architecture, and the potent remains of the past.

Drawing on sermons and magical texts, saints’ lives and figurines, letters and amulets, and comparisons with Christianization elsewhere in the Roman empire and beyond, Christianizing Egypt reconceives religious change—from the “conversion” of hearts and minds to the selective incorporation and application of strategies for protection, authority, and efficacy, and for imagining the environment.

New Pew Study on Orthodox Christianity

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Ethiopian Orthodox Cathedral, Addis Ababa

 

All this week, I’ll be posting items on Orthodox Christianity, an important but understudied (at least in America) Christian communion. To start, here’s a new report from the Pew Research Center on Religion and Public Life, “Orthodox Christianity in the 21st Century,” released this month. Orthodox Christianity has relatively few communicants in the United States, mostly immigrants from Orthodox countries and their descendants, as well as a small number of converts, especially from Evangelical denominations. But, globally, Orthodoxy is the third largest Christian communion, after Catholics and Protestants, with a combined number in the hundreds of millions.

Orthodox leaders are becoming increasingly visible in global affairs. For example, the Ecumenical Patriarch has been active on environmental questions. Thanks to an increasingly assertive Russian Church, Orthodoxy is beginning to have an impact in human rights fora like the UN Commission. In fact, even in the US, Orthodox Christians may have had an impact on the last presidential election. At a panel at Fordham University earlier this month, scholar Nicholas Gvosdev pointed out that Donald Trump appealed to Orthodox Christians in places like Michigan–which Trump won with a narrow margin.

The Pew report reveals that although their numbers across the globe are growing in absolute terms, the number of Orthodox Christians has declined relative to Catholics and Protestants. In the Middle East, at least, that decline is explained in part by persecution against Orthodox (and other) Christians in the twentieth century, which continues today. Seventy years of Communist repression in the former Soviet Union and Eastern bloc also didn’t help. But the report reveals a hopeful resurgence of Orthodox Christianity in former Communist countries.

The report pays a lot of attention to the largest Orthodox Church outside Europe, the Ethiopian Orthodox Church (36 million members), one of the five so-called Oriental Orthodox Churches. This is commendable, as people often assume that Orthodoxy is an entirely European phenomenon. Although declining in its historic European home, Christianity is soaring in the global south, including in Africa. In fact, the Ethiopian Church, an ancient Christian body without any colonial associations, may be well positioned to do missionary work across the continent in the coming century.

The report details many interesting facts about Orthodox practice and belief — compared to Catholics and mainline Protestants, for example, the Orthodox are deeply conservative on social issues like gender and marriage — as well as prospects for ecumenism. It will be very valuable for anyone interested in the sociology of Christianity today. (H/T: George Demacopoulos at Fordham’s Orthodox Christian Studies Center, who served as a scholarly adviser on the report).

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