Posted on by Marc O. DeGirolami

Divine Rights and Human Rights

That’s the title of a short piece I have over at Law and Liberty, concerning the transformation of the concept of religious freedom from a hybrid divine/human right to an entirely human right. From the beginning (and do see the Mansfield essay, which is about a good deal more than my own):

The eminent political theorist Harvey Mansfield once wrote that the “religious question” is the crucial one for the modern age, because it concerns the ultimate repository of authority and control. Is it human or is it divine?

“All pre-modern regimes,” said Mansfield, “are more or less based on divine right, on appeal to a principle that says men do not control themselves, that they are controlled by a higher power.”

The modern project, by contrast, is centrally concerned with liberation from that higher power:

“For if men cannot act effectively on their own, they will have to return to divine right, notwithstanding the objections that philosophers might propose. Liberation leads to reform. Liberation is not merely skeptical or negative; it is positive and progressive.”

One of the ways that modernity has answered this challenge is by appropriating “religion” and transforming it from a duty that one owes a creator to a duty that one owes to oneself. In law, one sees this transformation clearly in the standard that is conventionally applied by American courts to requests for religious exemptions from general laws, in which sincerity, individual commitment, or personal conviction are alone sufficient to bring a claim (though they are not sufficient to prevail).

That way of perceiving and understanding religion certainly mitigates certain dangers. It locates authority when it comes to religion solely in the individual, thereby removing all authority from the state. The state is disabled from judging in matters of religion both for epistemic and non-establishment reasons.

Furthermore, religion, as a legal category, becomes accessible to more and more Americans, irrespective of what they may believe. That is precisely what happened in the mid-20th century, as the “duty to the Creator” conception of religion was relaxed in favor of a conception locating all authority over religious questions in the individual conscience.

But this revision may also lead to problems, as religion steadily becomes dissociated from any power external to the individual believer. Law, of course, is responsive to and reflective of more general cultural movements, understandings, and programs, and a short post of this kind is no place to document those changes. But the transformation of religion from a divine phenomenon to a human one was brought home to me in reading the “Religion” section of the New York Times Book Review a few weeks ago. Four books about “religion” were reviewed—all favorably. Every one of them reflected this transformation.

Posted on by Jason Mansmann

Around the Web this Week

Here is a look at some of this week’s law and religion news around the Web:

Posted on by Jason Mansmann

al-Anani, “Inside the Muslim Brotherhood”

In October, Oxford University Press will release Inside the Muslim Brotherhood: Religion, Identity, and Politics by Khalil al-Anani (Doha Institute for Graduate Studies, Qatar). The publisher’s description follows:Inside the Muslim Brotherhood.png

Over the past three decades, through rises and falls in power, regime repression and exclusion, the Egyptian Muslim Brotherhood has endured, proving more resilient than any other Islamist movement in the world. In this book Khalil al-Anani explores the factors that have enabled the Brotherhood to survive so long within an ever-changing political landscape.

Inside the Muslim Brotherhood unpacks the principal factors that shape the movement’s identity, organization, and activism. Investigating the processes of socialization, indoctrination, recruitment, identification, networking, and mobilization that characterize the movement, al-Anani argues that the Brotherhood is not merely a political actor seeking power but an identity-maker that aims to change societal values, norms, and morals to line up with its ideology and worldview. The Brotherhood is involved in an intensive process of meaning construction and symbolic production that shapes individuals’ identity and gives sense to their lives. The result is a distinctive code of identity that binds members together, maintains their activism, and guides their behavior in everyday life. Al-Anani attributes the Brotherhood’s longevity to its tight-knit structure coupled with a complex membership system that has helped them resist regime penetration. The book also explores the divisions and differences within the movement and how these affect its strategy and decisions.

The culmination of over a decade of research and interviews with leaders and members of the movement, this book challenges the dominant narratives about Islamists and Islamism as a whole.