My Review of Steve Smith’s Rise and Decline of American Religious Freedom

I’ve got a review of Steve’s book over at The University Bookman. A bit from the beginning:

In legal scholarship, as in any literature, style matters as much as content. The subjects authors explore, their manners and patterns of thought, the metaphors and idioms they select, the grace with which they address the audience and carry it along—in sum, the personal qualities that emerge in the telling of the tale—are remembered long after the details of the argument have faded. Over the duration of a scholarly life, a writer constructs a personality. And as the relationship of author and reader matures across the years, the publication of a new piece is the occasion to look not so much for argumentative roundhouse punches that could have been thrown anywhere by anybody, as for an old friend.

This is the way I come to the work of Steven D. Smith, the most penetrating and thoughtful scholar of religious freedom of our generation, and that rare author in American legal academia whom it is a joy to read. His new book, The Rise and Decline of American Religious Freedom, represents a distinctively and recognizably Smith-esque contribution. His authorial method has always been primarily diagnostic: he describes the existing legal and historical landscape, and in so doing brings a particular critical perspective that generally runs more or less against the current. Toward the conclusion of his work, Smith often gestures toward several possible resolutions to the problems he has discussed, but they are rarely more than that: soft speculations, almost afterthoughts, about a few pathways out of the forest. But the heart of a Steve Smith book is in the careful exposition of a problem. He has cultivated this method over the years with consistent, wry panache to great effect—whether the subject is the healthful absence of a single theory of the religion clauses of the First Amendment, or the contemporary obsession with the value of equality, or the unsustainable claims about the “reason” that inheres in constitutional law and scholarship. Always, Smith offers an alternative historical and doctrinal description. Always, he hints suggestively at contrarian possibilities and ends. Always, the leitmotivs are skepticism and decline.

“Christian Faith and Social Justice” (McCracken, ed.)

In June, Bloomsbury Publishing released Christian Faith and Social Justice: Five Views, edited by Vic McCracken (Abilene Christian University).  The publisher’s description follows:

Christian Faith and Social JusticeThe Judeo-Christian tradition testifies to a God that cries out, demanding that justice “roll down like waters, righteousness like an ever-flowing stream” (Amos 5:24). Christians agree that being advocates for justice is critical to the Christian witness. And yet one need not look widely to see that Christians disagree about what social justice entails. What does justice have to do with healthcare reform, illegal immigration, and same-sex marriage? Should Christians support tax policies that effectively require wealthy individuals to fund programs that benefit the poor? Does justice require that we acknowledge and address the inequalities borne out of histories of gender and ethnic exclusivity? Is the Christian vision distinct from non-Christian visions of social justice? Christians disagree over the proper answer to these questions. In short, Christians agree that justice is important but disagree about what a commitment to justice means.

Christian Faith and Social Justice makes sense of the disagreements among Christians over the meaning of justice by bringing together five highly regarded Christian philosophers to introduce and defend rival perspectives on social justice in the Christian tradition. While it aspires to offer a lucid introduction to these theories, the purpose of this book is more than informative. It is purposefully dialogical and is structured so that contributors are able to model for the reader reasoned exchange among philosophers who disagree about the meaning of social justice. The hope is that the reader is left with a better understanding of range of perspectives in the Christian tradition about social justice.

Ndzovuis, “Muslims in Kenyan Politics”

In September, Northwestern University Press will publish Muslims in Kenyan Politics: Political Involvement, Marginalization, and Minority Status by Hassan Ndzovuis (Moi University, Kenya).  The publisher’s description follows:

Muslims in KenyaMuslims in Kenyan Politics explores the changing relationship between Muslims and the state in Kenya from precolonial times to the present, culminating in the radicalization of a section of the Muslim population in recent decades. The politicization of Islam in Kenya is deeply connected with the sense of marginalization that shapes Muslims’ understanding of Kenyan politics and government policies.

Kenya’s Muslim population comprises ethnic Arabs, Indians, and black Africans, and its status has varied historically. Under British rule, an imposed racial hierarchy affected Muslims particularly, thwarting the development of a united political voice. Drawing on a broad range of interviews and historical research, Ndzovu presents a nuanced picture of political associations during the postcolonial period and explores the role of Kenyan Muslims as political actors.

Conference: “Confronting the Islamic State in Iraq and Syria” (July 24)

The Middle East Institute will be hosting a conference, “Confronting the Islamic State in Iraq and Syria: Challenges and Options,” at the School of Advanced International Studies at John Hopkins University on July 24:

The Middle East Institute and the Conflict Management Program at SAIS are pleased to a host a discussion about combating the rising influence of the Islamic State in Iraq and Syria. Middle East Institute scholars Richard A. ClarkeSteven Simon, and Randa Slim will examine the current status of the organization and its support network, focusing on the steps that Iraqi political actors and the U.S. administration can take to address the spread of its influence. Daniel Serwer (SAIS, The Middle East Institute) will moderate the event.

Details are here.

The Dhimma Returns in Iraq

al arabiya
Photo: Al Arabiya

Sad news from Iraq this weekend. In response to an ultimatum from ISIS–the “Islamic State in Iraq and Syria,” or, if you prefer, just the “Islamic State–Christians have evacuated the northern city of Mosul. For thousands of years, Mosul has been a center of Christianity, particularly the various Syriac Christian communions: Chaldean-rite Catholics, Syriac Orthodox, and the Assyrian Church of the East, a church that once spread as far as China. As recently as a decade ago, tens of thousands of Christians lived in Mosul. After this weekend, virtually none remain.

The expulsion of Christians from Mosul suggests something very worrying about the possible future of Islamism. And it serves as a reminder of what can happen to religious minorities when secular dictatorships in the Arab world collapse.

Mosul lies within the territory of the “caliphate” that ISIS, a militant Sunni Islamist group, has proclaimed in parts of Iraq and Syria. Its ultimatum to the Christians of Mosul is the same it gave the Christians of Raqqa, Syria, last spring. “We offer them three choices,” ISIS announced last week: “Islam; the dhimma contract – involving payment of jizya; if they refuse this they will have nothing but the sword.” In recent days, ISIS operatives went through Mosul marking the homes of Christians with the Arabic letter “Nun” for “Nasara,” from “Nazarenes,” a word that refers to Christians. The implications were clear.

Some readers may be unfamiliar with the term dhimma. The dhimma is the notional contract that governs relations between the Muslim umma and Christians (and Jews) in classical Islamic law. Theoretically, it dates back to the “agreement” one of the early caliphs made with the Christian community of Syria. The dhimma allows Christian communities to reside in Muslim society in exchange for payment of a poll tax called the jizya—in Mosul, ISIS was requiring a jizya of about $500—and submission to various social and legal restrictions. The dhimma forbids Christians from attracting attention during worship, for example, from building new churches, and generally from asserting equality with Muslims.

It’s wise to take ISIS at its word. On Saturday, ISIS operatives expelled the 52 Christian families who remained in the city–after first requiring them to leave all their valuables behind. For good measure, ISIS also burned an 1800-year-old church and the Catholic bishop’s residence, along with its library and manuscript collection.

One could say much about this sad uprooting of Christianity from a place where it has survived for millennia, but here are two observations. First, a psychological line has been crossed, and this may have dire consequences in future. For the moment, ISIS is unique among Islamist groups in calling for formal reinstatement of the dhimma. Although Islamists everywhere reject the idea of equality for Muslims and Christians, they typically avoid calling for the dhimma, as they understand that most contemporary Muslims find the concept abhorrent. Nothing succeeds like success, however. ISIS has now shown that it is possible to reestablish the dhimma at the center of the Muslim world. Other Islamist groups will no doubt take notice. Christians who remain in the Middle East have great cause for worry.

Second, although principal responsibility for this outrage lies with ISIS, and with Iraq’s Prime Minister, Nouri al-Maliki, whose misgovernment has created a situation in which ISIS can gain a following, the United States bears responsibility as well. Its invasion of, and hasty withdrawal from, Iraq set in motion a chain of events that has allowed radical groups like ISIS to succeed. In the Middle East, secular dictatorships can be very brutal. But they are often the only thing that stands in the way of the absolute destruction of minority religious communities. Toppling such dictatorships and hoping for their replacement by “moderate” elements is not a good bet. Incredibly, this seems to be a lesson the United States still has to learn.