Inazu, “Freedom of the Church (New Revised Standard Version)”

Have a look at our friend John Inazu’s insightful new piece, Freedom of the Church (New Revised Standard Version).  A methodological theme in John’s writing is the importance of excavating the theological assumptions which lie below many of our current legal doctrines and theories, particularly (though not exclusively) in the law and religion context.  This piece pursues the Inazian (I would have said Inatian, but that’s perhaps too close to Ignatian) theme with respect to Catholic and Protestant ideas about ecclesiastical liberty.  Here is the abstract:

Significant discussion about the “freedom of church” has recently emerged at the intersection of law and religion scholarship and political theology. That discussion gained additional traction with the Supreme Court’s ruling in Hosanna-Tabor v. E.E.O.C., which recognized the First Amendment’s “special solicitude” for religious organizations. But the freedom of the church is at its core a theological concept, and its potential integration into our constitutional discourse requires a process of translation. The efficacy of any background political concept as legal doctrine will ultimately stand or fall on something akin to what Frederick Schauer has called “constitutional salience.”

The existing debate over the freedom of the church obscures these insights in two ways. First, its back-and-forth nature suggests that translation succeeds or fails on the level of individual arguments. Second, its current focus on a mostly Catholic argument neglects other theological voices. The kind of cultural views that affect constitutional doctrine are less linear and more textured than the existing debates suggest. This paper adds to the discussion a Protestant account of the freedom of the church: the New Revised Standard Version. Part I briefly sketches the process of translation that any theological concept encounters in the path to constitutional doctrine. Part II summarizes the current debate in legal scholarship about the freedom of the church. Part III introduces the New Revised Standard Version through three prominent twentieth-century theologians: Karl Barth, Dietrich Bonhoeffer, and Stanley Hauerwas. Part IV assesses the possibility of translation, and Part V warns of the theological limits to translating certain theological concepts. The New Revised Standard Version reinforces some of the normative claims underlying the Catholic story, but it does so through a Protestant lens that is somewhat more familiar to American political thought. It also differs from the Catholic account in two important ways: (1) by characterizing the church as a witnessing body rather than as a separate sovereign; and (2) by highlighting the church’s freedom in a post-Christian polity.

Mohammed, “Muslims in Non-Muslim Lands”

Islam begins with the hijra, the Prophet Mohammed’s flight from persecution in Mecca to the city of Medina, where Muslims first organized themselves as a spiritual and political community–the Muslim umma. This founding event has led to a debate in Islamic law that continues to this day. Does the Prophet’s example suggest that Muslims may not reside in a non-Muslim polity? The dominant position, according to scholar Andrew March, is that Muslims may reside in non-Muslim states, as long as they are free to practice their religion. A minority tradition, however, holds that Muslims may not reside in non-Muslim states and that migration is a religious obligation. This latter view obviously creates complications for citizenship in pluralist democracies.

These questions are no doubt addressed by a book to be published later this month by Britain’s Islamic Texts Society, Muslims in Non-Muslim Lands: A Legal Study with Applications, by author Amjad M. Mohammed. The publisher’s description follows:

Since the Second World War, there has been a significant migration of Muslims to countries in the Western world. Muslims in non-Muslim Landstraces the process by which these migrants arrived in Western Europe-in particular Britain-and explains how the community developed its faith identity through three particular stances: assimilation, isolation and integration. The findings argue that the assumption that Islam causes Muslims to isolate from the indigenous population and form ‘a state within a state’ is false, and that Islamic law actually gives Muslims confidence and the ability to integrate within the wider society.