Posted on by Robert J. Delahunty

Tocqueville on Protestantism and Natural Religion: Part II

Rousseau: “The Savoyard Vicar”

In my last post, I introduced the subject of Tocqueville’s views on natural religion. As we shall see, Tocqueville believed that Protestantism had an inherent tendency to collapse into natural religion, and indeed that its transmutation into something very distinct from traditional Christianity might not cease there. Because of Tocqueville’s insistence on the importance of religion to American democracy, the transformation or decline of American Protestantism would be, from his perspective, a momentous development.

One of the main sources of Tocqueville’s understanding of natural religion, I argued last time, was likely to have been Montesquieu. We reviewed Montesquieu’s thought on that subject in his epistolary novel, The Persian Letters. A second likely influence on Tocqueville’s understanding of natural religion is Rousseau’s Profession of Faith of a Savoyard Vicar (1783), which forms a section of Rousseau’s novel, Emile.

Although Tocqueville is silent on the matter, I believe that the Savoyard Vicar exercised a lasting and extensive influence on Tocqueville’s thinking, and I would even conjecture that reading this very work precipitated the shattering crisis of belief that Tocqueville underwent in his father’s library in Metz when he was sixteen.

The Savoyard Vicar is a complex and many-layered work, and I cannot pretend to do anything like full justice to it here. Its complexity stems, in part, from the ambiguity of Rousseau’s intentions in writing it. Although Rousseau’s critics, then and later, found nothing, or almost nothing, of Christian doctrine or sentiment in it, Rousseau himself contended vehemently that the work to provide a more secure foundation for revealed religion, above all Protestantism, that would make it more attractive to his contemporaries. See Robert Derathe, “Jean-Jacques Rousseau et le Christianisme,” in 53 Revue de Métaphysique et de Morale, 375, 381-85, 410-14 (1948). (As noted in my last post, Rousseau’s hostility towards Roman Catholicism was unremitting.) Furthermore, the work can be read both to extend the Enlightenment’s scathing critique of Christianity and at the same time to point towards a post-Enlightenment return to Christianity. See Arthur M. Melzer, “The Origin of the Counter-Enlightenment: Rousseau and the New Religion of Sincerity,” 90 American Political Science Review 344 (1996).

The Savoyard Vicar consists chiefly in a lengthy discourse delivered by a Catholic priest (the Vicar) to a young man identified in the story as Rousseau himself in his twenties. The discourse is divided into two parts of unequal length, marked by a short intervention by the young Rousseau. In the first and longer discourse, the Vicar discusses natural religion; the second and shorter speech concerns revealed religion. Rousseau later explained that the “more important” first part was “intended to combat modern materialism, to establish the existence of God and natural religion” and “contains what is truly essential to Religion,” while the second part “raises doubts and difficulties about revelation in general” and is designed to make believers “more circumspect.” J.-J. Rousseau, Letter to Christophe Beaumont, Archbishop of Paris (1763), in The Collected Writings of Rousseau, vol. 9 at 75 (Christopher Kelly and Eve Grace eds. 2001). In the break between the two parts, the young Rousseau exclaims that during the Vicar’s speech, “I imagined myself attending to the divine Orpheus singing his hymns and teaching mankind the worship of the g Read more

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Stringer, “Discourses on Religious Diversity: Explorations in an Urban Ecology”

This month, Ashgate Publishing Company will publish Discourses on Religious Diversity: Explorations in an Urban Ecology by Martin D. Stringer (Birmingham University). The publisher’s description follows.Discourses on Religious Diversity

Religious diversity is an ever present, and increasingly visible, reality in cities across the world. It is an issue of immediate concern to city leaders and members of religious communities but do we really know what ordinary members of the public, the people who live in the city, really think about it? Major news items, inter-religious violence and notorious public events often lead to negative views being expressed, especially among those who would not consider themselves to have a religious identity of their own. Martin Stringer explores the highly complex series of discourses around religion and religious diversity that are held by ordinary members of the city; discourses that are often contradictory in themselves and discourses that show that attitudes to religion vary considerably depending on context and wider local or national narratives. Drawing on examples from UK (particularly Birmingham, one of the UK’s most diverse cities), Europe and the United States, Stringer offers some practical suggestions for ways in which discourses of religious diversity can be managed in the future. Students in the fields of religious studies, sociology, anthropology and urban studies; practitioners involved in inter-religious debates; and church and other faith leaders and politicians should all find this book an invaluable addition to ongoing debates.

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Dawson, “Religion and Culture”

This month, Catholic University of America Press publishes a new edition of Christopher Dawson’s Religion and Culture, with an introduction by Gerald Russello. The publisher’s description follows.

Religion and Culture was first presented by historian Christopher Dawson as part of the prestigious Gifford Lecture series in 1947. It sets out the thesis for which he became famous: religion is the key of history.

The book makes two parallel arguments. First, Dawson argues that religion is, and should be treated as, a separate category of human experience. Second, Dawson claims that religion has a unique place in human culture and has defined and developed different cultures in identifiable ways. Without understanding both premises, he argues, one cannot understand cultural development.

Drawing on his profound and sympathetic reading in anthropology, sociology, comparative religion and the literatures of Western and non-Western cultures, Dawson seeks to bridge the gap between religion and the sciences through the tradition of natural theology. His approach respects the natural sciences and their power to plumb the mysteries of the natural world, while recognizing that they cannot, alone, explain religious intimations of the transcendent.

Religion and Culture was written and published in a time not unlike our own, when the very distinctiveness of religious experience has been denigrated, and religious belief is considered in some circles as an atavistic holdover. And yet, the existence of a purely technocratic culture and its ability to embody and transmit moral or cultural norms remains in doubt. Dawson, who in his day was respected well outside Catholic circles, is an important voice in this continuing debate.

Posted on by Mark Movsesian

The Persecution of Egypt’s Christians

The Hudson Institute’s Nina Shea has an excellent post on the campaign of violence currently underway in Egypt against the country’s Christians, especially Copts. Frustrated at the overthrow of the Morsi government and enraged by the military’s campaign to eliminate them, the Muslim Brotherhood and other Islamists are taking out their anger on Christian targets. Here’s Shea:

“The Brotherhood’s Freedom and Justice Party has been inciting the anti-Christian pogroms on its web and Facebook pages. One such page, posted on August 14, lists a bill of particulars against the Christian Coptic minority, blaming it, and only it, for the military’s crackdown against the Brotherhood, alleging that the Church has declared a “war against Islam and Muslims.” It concludes with the threat, “For every action there is a reaction.” This builds on statements in the article “The Military Republic of [Coptic Pope] Tawadros,” carried on the MB website in July, about the Coptic Church wanting to “humiliate” Muslims and eradicate Islam….

As of Sunday night, some 58 churches, as well as several convents, monasteries, and schools, dozens of Christian homes and businesses, even the YMCA, have been documented as looted and burned or subject to other destruction by Islamist rioters. The Coptic Pope remains in hiding and many Sunday services did not take place as Christian worshipers stayed home, fearing for their lives. A dozen or so Christians have been attacked and killed for being Christian so far.”

Not all Muslims condone the persecution, of course. There are reports of Muslim crowds surrounding churches to protect them from attack. But the Brotherhood has clearly decided to take the fight to Christians in a serious way. Knowledgeable observers say it is the worst persecution Copts have suffered in 700 years.

Outside observers may wonder why the Islamists are doing this. From a practical point of view, isn’t burning churches a waste of time and energy? Why spend resources attacking Christians when the military is hunting you down?

There are three answers. First, Islamists attack Christians because they can. Christian churches, monasteries, and schools are soft targets, especially when the security forces are occupied elsewhere. If you take on soldiers who have live ammunition, you might get hurt. If you attack nuns and march them through the street like POWs, by contrast, you’re likely to emerge unscathed.

Second, the Coptic Church has taken an uncharacteristically strong stand in support of the military. Coptic Pope Tawadros appeared in the video announcing the overthrow of the Morsi regime in July–as did the Sheikh of Al-Azhar, it should be noted–and last week, he endorsed the military’s crackdown on the Muslim Brotherhood. The Coptic Church, he Read more

Posted on by Robert J. Delahunty

Tocqueville on Protestantism and Natural Religion: Part I

To this point, we have seen that Tocqueville believes that religion is necessary to the well-being of society, and especially to market democracies. Since the religious sentiment is natural to human beings, religion should flourish when it does not lend itself to exploitation by the State. But the natural tendency toward religious belief is weakened or even overcome by a competing passion for wealth. Because American democracy celebrates and encourages the pursuit of wealth, our democracy exerts a ceaseless, grinding pressure that gradually wears down our religion. Thus, American democracy has a built-in disposition to destroy a necessary condition of its own existence. To guard against that, Tocqueville urges American leaders and opinion-makers to surround religion with their protection – without, however, enmeshing it in the State. If they are wise, they will understand that our religion is “the most valuable bequest from aristocratic times.” Democracy in America at 633 (Bevan trans.). “It is vital that all those who are involved in the future of democratic societies unite together and . . . diffuse throughout these societies the taste for the infinite, the appreciation of greatness, and the love of spiritual pleasures.” Id. at 632.

But what, exactly, are the doctrines of the “religion” that Tocqueville considers necessary for the proper functioning of American democracy? Granted, America in the period of his visit was overwhelmingly a Protestant Christian nation, and would surely remain so for the foreseeable future. But Tocqueville does not contend that American democracy depended on the vitality of Protestantism. Instead, in an important chapter entitled “How Religious Belief Sometimes Diverts the Thoughts of Americans Toward Spiritual Pleasures,” he argues that “[t]he belief in a spiritual and immortal principle united for a time with matter is . . . indispensable to man’s greatness.” Id. at 633. That is, he appears at first to argue that a prevalent belief in one religious doctrine — the immortality of the human soul — is the irreducible minimum required for a healthy democracy. He does not, however, mention here any other doctrine that is characteristic of Christianity, Protestant or other, even the existence of God.

Furthermore, when read closely, Tocqueville does not even insist on the belief in immortality, as Christianity has traditionally taught it. Rather, he indicates that the belief which he considers necessary need not extend to “the idea of rewards and punishments” after bodily death, nor even that the “divine principle” that survives death be understood as personal: it would suffice if most citizens believe that that the soul was “absorbed in God or transformed to bring life to some other creature.” Id. Thus, he says that it is better for citizens to believe in transmigration, “believing that their souls will pass into the body of a pig,” than for them to think that “their soul is nothing at all.” Id. Finally, he concludes with an observation that seems intended for his more perceptive readers: “It is doubtful whether Socrates and his school had very definite opinions upon what was to happen in the afterlife.” Id. Instead, “Platonic philosophy” simply teaches the “one belief” that “the soul has nothing in common with the body and would survive it.” Id. The prevalence of that “one belief,” which does not even amount to the idea of personal immortality, is the indispensable prerequisite for a vital democracy.

Tocqueville thus does not teach that Christianity, or any other form of revealed religion, is absolutely indispensable for democracy. Indeed, he does not even say that democracy cannot function well unless belief in natural religion in its entirety is widespread. Rather, at least in this place, he reduces the indispensable minimum to something even less demanding than natural religion as that was generally understood – i.e., to the “one belief” that he associates with Platonic philosophy. All he contends for, in other words, is an extremely thin belief that amounts to little more than the rejection of philosophical materialism, i.e., of the metaphysical position that he associates with the dominance of the drive for physical pleasure and wealth. Nonetheless, some religious, or at least metaphysical, belief must be widely held in order to ensure against political calamity.

In order to understand his thinking fully, we need to start with the idea of “natural religion.” What did Tocqueville think constituted natural religion, and from what sources did he acquire that idea? We will see that a large and important body of French thought underlies the brief and enigmatic remarks cited above from Democracy.

The doctrines of natural religion

In his marvelous account of the origins of Unitarianism in America, Conrad Wright distilled the essence of “natural religion” down to three essentials: “the existence of God, the obligations of piety and benevolence, and a future state of rewards and punishments.” Conrad Wright, The Beginnings of Unitarianism in America 140 (1955). The chief points of natural religion were understood to be discoverable by Read more

Posted on by Mark Movsesian

Conversations: Marc DeGirolami

This summer, Harvard University Press published The Tragedy of Religious Freedom, by our very own Marc DeGirolami (left), CLR’s Associate Director. In the book, Marc argues for a “tragic” understanding of religious freedom, one “that avoids the twin dangers of reliance on reductive and systematic justifications, on the one hand, and thoroughgoing skepticism about the possibility of theorizing, on the other.” This week, Marc answers some questions about his book. Among other things, he discusses the differences between “tragic” and “comic” legal theories; the value of history and tradition in judicial decision-making; and the inevitability of judicial discretion. He also explains why the Court got religious freedom wrong in Employment Division v. Smith and right in Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC. 

CLR Forum: Marc, explain what you mean by “comic” and “tragic” approaches to law generally. Why do you think religious freedom, in particular, should be addressed from a tragic perspective?

DeGirolami: The terms comic and tragic are ancient and have been used in classical, literary, and philosophical settings. I draw on some of these meanings in the book, but I use comic in the legal context to mean two things: (1) a preference for systematic ordering of the law by reducing legal values either to one or to a small set, in the belief that human society is progressively improved by that reduction; and (2) the marginalization of the loss of other values in the process of accomplishing (1). Tragic approaches to the law resist both of these points. A tragic approach to law says that the reasons we value a practice like religious freedom are plural and cannot be reduced. Each value struggles to avoid absorption and subordination by the others. The clash of values results both from the limits of human reasoning and from the conflict of human interests and aspirations. So in the face of conflict in law, a tragic approach affirms that the comic impulse to reduce legal values, and systematically to marginalize those that are subordinated, will exacerbate conflict and end up deforming, and perhaps eventually destroying, important social practices and institutions.

CLR Forum: You single out Employment Division v. Smith, Justice Scalia’s famous opinion in the peyote case, as an example of the misguided “comic” approach and argue that it should be gradually dismantled. What’s so wrong with Smith? And why not just overrule it? 

DeGirolami: Yes, I am critical of Smith and believe it to be an example of a comic approach. Smith reduced all possible values of free exercise under the Constitution to a single value: formal neutrality. A neutral rule that is applied generally no longer can violate the Free Exercise Clause of the Constitution after Smith, no matter how severely the rule burdens the religious free exercise of an individual or a group and no matter how insubstantial the government’s interest in enforcing the rule on a religious claimant. The Smith decision attempted to accomplish both of the comic points I listed above. It wanted to bring system Read more

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Boum, “Memories of Absence: How Muslims Remember Jews in Morocco”

Next month, Stanford University Press will publish Memories of Absence: How Muslims Remember Jews in Morocco by Aomar Boum (University of Memories of AbsenceArizona).  The publisher’s description follows.

There is a Moroccan saying: A market without Jews is like bread without salt. Once a thriving community, by the late 1980s, 240,000 Jews had emigrated from Morocco. Today, fewer than 4,000 Jews remain. Despite a centuries-long presence, the Jewish narrative in Moroccan history has largely been suppressed through national historical amnesia, Jewish absence, and a growing dismay over the Palestinian conflict.

Memories of Absence investigates how four successive generations remember the lost Jewish community. Moroccan attitudes toward the Jewish population have changed over the decades, and a new debate has emerged at the center of the Moroccan nation: Where does the Jew fit in the context of an Arab and Islamic monarchy? Can Jews simultaneously be Moroccans and Zionists? Drawing on oral testimony and stories, on rumor and humor, Aomar Boum examines the strong shift in opinion and attitude over the generations and increasingly anti-Semitic beliefs in younger people, whose only exposure to Jews has been through international media and national memory.

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Levitt, “Hezbollah: The Global Footprint of Lebanon’s Party of God”

Next month, Georgetown University Press will publish Hezbollah: The Global Footprint of Lebanon’s Party of God by Matthew Levitt (The Washington#1 Hezbollah Institute for Near East Policy’s Stein Program on Counterterrorism and Intelligence).  The publisher’s description follows.

Hezbollah: The Global Footprint of Lebanon’s Party of God is the first thorough examination of Hezbollah’s covert activities beyond Lebanon’s borders, including its financial and logistical support networks and its criminal and terrorist operations worldwide. 

Hezbollah—Lebanon’s “Party of God”—is a multifaceted organization: It is a powerful political party in Lebanon, a Shia Islam religious and social movement, Lebanon’s largest militia, a close ally of Iran, and a terrorist organization. Drawing on a wide range of sources, including recently declassified government documents, court records, and personal interviews with intelligence and law enforcement officials around the world, Matthew Levitt examines Hezbollah’s beginnings, its first violent forays in Lebanon, and then its terrorist activities and criminal enterprises abroad in Europe, the Middle East, South America, Southeast Asia, Africa, and finally in North America. Levitt also describes Hezbollah’s unit dedicated to supporting Palestinian militant groups and Hezbollah’s involvement in training and supporting insurgents who fought US troops in post-Saddam Iraq. The book concludes with a look at Hezbollah’s integral, ongoing role in Iran’s shadow war with Israel and the West, including plots targeting civilians around the world. 

Levitt shows convincingly that Hezbollah’s willingness to use violence at home and abroad, its global reach, and its proxy-patron relationship with the Iranian regime should be of serious concern. Hezbollah is an important book for scholars, policymakers, students, and the general public interested in international security, terrorism, international criminal organizations, and Middle East studies.

Posted on by Marc O. DeGirolami

Announcing the Joint Colloquium in Law and Religion

The Center for Law and Religion at St. John’s Law School and Villanova Law CLR LogoSchool are pleased to announce an exciting new seminar for Spring 2014, Joint Colloquium in Law and Religion.

This course invites leading law and religion scholars to make presentations to a small audience of students and faculty. The Villanova Lawschools will be connected through video link so that students and faculty at both schools will be able to participate synchronously in a virtual classroom seminar experience. Mark and I are absolutely delighted to be working on this project with Villanova Law School Vice Dean and Professor Michael Moreland.

The following speakers have confirmed:

January 27: Michael Walzer (Institute for Advanced Study) (at St. John’s)

February 10: Sarah Barringer Gordon (University of Pennsylvania Law School) (at Villanova)

February 24: Kent Greenawalt (Columbia Law School) (at St. John’s)

March 17: Donald L. Drakeman (Cambridge University) (at St. John’s)

March 31: Kristine Kalanges (Notre Dame Law School) (at St. John’s)

April 14: Steven D. Smith (University of San Diego Law School) (at Villanova)

Topics will be announced at a future date.

For more information, or if you would like to attend the sessions, please contact the Colloquium’s co-organizers, Marc DeGirolami (degirolm@stjohns.edu), Mark Movsesian (movsesim@stjohns.edu), and Michael Moreland (moreland@law.villanova.edu).

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The Top Five New Law & Religion Papers on SSRN

From SSRN’s list of most frequently downloaded law and religion papers posted in the last 60 days, here are the current top five.  Since last week, Perry Dane remains at #1, Douglas Laycock has moved up to #2, Dwight Newman has moved down to #3, Elizabeth Sepper remains at #4, and Richard Garnett remains at #5.

1. Doctrine and Deep Structure in the Contraception Mandate Debate by Perry Dane (Rutgers, School of Law) [216 downloads]

2. Religious Liberty and the Culture Wars  by Douglas Laycock (U. of Virginia, School of Law) [195 downloads]

3. On the Trinity Western University Controversy: An Argument for a Christian Law School in Canada by Dwight G. Newman (U. of Saskatchewan, College of Law) [167 downloads]

4. Contraception and the Birth of Corporate Conscience  by Elizabeth Sepper (Washington U., School of Law [129 downloads]

5. ‘The Freedom of the Church’: (Towards) an Exposition, Translation, and Defense by Richard W. Garnett (Notre Dame Law School)  [104 downloads]