Online Symposium: Two Concepts of Religious Liberty

The Law and Religion Forum is delighted to host an online symposium this month on Vincent Phillip Muñoz‘s new article, “Two Concepts of Religious Liberty: The Natural Rights and Moral Autonomy Approaches to the Free Exercise of Religion,” which appears in the current volume of the American Political Science Review (May 2016). Among other things, Muñoz (Notre Dame) argues that, from an originalist perspective, the late Justice Antonin Scalia was correct, in Employment Division v. Smith (1990), that the Free Exercise Clause does not require the state to grant believers accommodations from generally applicable and neutral laws. The Framers’ version of natural rights constitutionalism, he contends, does not require religious exemptions. The original meaning of the clause thus confirms Scalia’s reading.

Muñoz leads off the symposium with a post today. Throughout the month of September, we will post responses from Gerard Bradley (Notre Dame), Donald Drakeman (Notre Dame), Matthew Franck (Witherspoon Institute), George Thomas (Claremont McKenna), Jack Rakove (Stanford), and Corey Brettschneider (Brown). Muñoz will return at the end to offer his thoughts on the respondents’ contributions. Enjoy!

 

Fluker, “The Ground Has Shifted”

In November, New York University Press will release The Ground Has Shifted: The Future of the Black Church in Post-Racial America by Walter Earl Fluker (Boston University). The publisher’s description follows:

If we are in a post-racial era, then what is the future of the Black Church?  If the U.S. will at some time in the future be free from discrimination and prejudices that are basedGround has Shifted, The on race how will that affect the church’s very identity?

In The Ground Has Shifted, Walter Earl Fluker passionately and thoroughly discusses the historical and current role of the black church and argues that the older race-based language and metaphors of religious discourse have outlived their utility.  He offers instead a larger, global vision for the black church that focuses on young black men and other disenfranchised groups who have been left behind in a world of globalized capital.

Lyrically written with an emphasis on the dynamic and fluid movement of life itself, Fluker argues that the church must find new ways to use race as an emancipatory instrument if it is to remain central in black life, and he points the way for a new generation of church leaders, scholars and activists to reclaim the black church’s historical identity and to turn to the task of infusing character, civility, and a sense of community among its congregants.

Heale, “The Abbots and Priors of Late Medieval and Reformation England”

In November, Oxford University Press will release The Abbots and Priors of Late Medieval and Reformation England by Martin Heale (University of Liverpool). The publisher’s description follows:

The importance of the medieval abbot needs no particular emphasis. The monastic superiors of late medieval England ruled over thousands of monks and canons, who swore to them vows of obedience; they were prominent figures in royal and church governThe Abbots and Priorsment; and collectively they controlled properties worth around double the Crown’s annual ordinary income. Moreover, as guardians of regular observance and the primary interface between their monastery and the wider world, abbots and priors were pivotal to the effective functioning and well-being of the monastic order. The Abbots and Priors of Late Medieval and Reformation England provides the first detailed study of English male monastic superiors, exploring their evolving role and reputation between the fourteenth and sixteenth centuries.

Individual chapters examine the election and selection of late medieval monastic heads; the internal functions of the superior as the father of the community; the head of house as administrator; abbatial living standards and modes of display; monastic superiors’ public role in service of the Church and Crown; their external relations and reputation; the interaction between monastic heads and the government in Henry VIII’s England; the Dissolution of the monasteries; and the afterlives of abbots and priors following the suppression of their houses.

This study of monastic leadership sheds much valuable light on the religious houses of late medieval and early Tudor England, including their spiritual life, administration, spending priorities, and their multi-faceted relations with the outside world. The Abbots and Priors of Late Medieval and Reformation England also elucidates the crucial part played by monastic superiors in the dramatic events of the 1530s, when many heads surrendered their monasteries into the hands of Henry VIII.

Call for Papers: “Law as Religion, Religion as Law”

The Faculty of Law at Hebrew University seeks papers for an upcoming conference, Law as Religion, Religion as Law. Abstracts are due on October 26. The conference itself will be held on June 5-7, 2017. The University’s description of the event follows:

The conventional approach to the relationship between law and religion operates with the assumption that these are two discrete domains, which often clash with one another. This outlook animates public discourse about such basic topics and tropes as the freedom of religion and freedom from religion; religion and human rights; and the competing jurisdiction of civil and religious courts.

A dichotomous account, however, is not the only way to understand the intersection between law and religion. The “Law as Religion, Religion as Law” project will explore a different perspective that considers religion and law as two kinds of orientations or sensibilities; or two alternate ways of structuring reality. From this vantage point, religion and law share similar properties, and arguably have a more symbiotic relationship. Moreover, many legal systems exhibit religious characteristics, and most religions invoke legal categories or terminology. This suggestive blurring of categories is likewise worthy of further inquiry.

Scholars in multiple disciplines (including law, religious studies, philosophy, history, political science and other relevant fields) are invited to propose articles that explore “Law as Religion, Religion as Law,” from a variety of methods and orientations. All accepted abstracts will be invited to write articles and present their research at an international conference that will be held at Jerusalem, Israel, on June 5-7, 2017. Following the conference, the article drafts will be sent for peer review, and if accepted, will be published in a designated volume (published with a leading academic press). We will also accept submissions of article drafts for consideration for publication in this volume from scholars who cannot attend the international conference in Jerusalem.

Further details are available here.

Corbett, “Making Moderate Islam”

In November, Stanford University Press will release Making Moderate Islam: Sufism, Service, and the “Ground Zero Mosque” Controversy by Rosemary R. Corbett (Bard Prison Initiative). The publisher’s description follows:

Making Moderate IslamDrawing on a decade of research into the community that proposed the so-called “Ground Zero Mosque,” this book refutes the idea that current demands for Muslim moderation have primarily arisen in response to the events of 9/11, or to the violence often depicted in the media as unique to Muslims. Instead, it looks at a century of pressures on religious minorities to conform to dominant American frameworks for race, gender, and political economy. These include the encouraging of community groups to provide social services to the dispossessed in compensation for the government’s lack of welfare provisions in an aggressively capitalist environment. Calls for Muslim moderation in particular are also colored by racist and orientalist stereotypes about the inherent pacifism of Sufis with respect to other groups. The first investigation of the assumptions behind moderate Islam in our country, Making Moderate Islam is also the first to look closely at the history, lives, and ambitions of the those involved in Manhattan’s contested project for an Islamic community center.

Frisch, “The Danielic Discourse on Empire in Second Temple Literature”

In November, Brill Publishers will release The Danielic Discourse on Empire in Second Temple Literature, by Alexandria Frisch (Ursinus College). The publisher’s description follows:

Brill_logoIn The Danielic Discourse on Empire in Second Temple Literature, Alexandria Frisch asks: how did Jews in the Second Temple period understand the phenomenon of foreign empire? In answering this question, a remarkable trend reveals itself—the book of Daniel, which situates its narrative in an imperial context and apocalyptically envisions empires, was overwhelmingly used by Jewish writers when they wanted to say something about empires. This study examines Daniel, as well as antecedents to and interpretations of Daniel, in order to identify the diachronic changes in perceptions of empire during this period. Oftentimes, this Danielic discourse directly reacted to imperial ideologies, either copying, subverting, or adapting those ideologies. Throughout this study, postcolonial criticism, therefore, provides a hermeneutical lens through which to ask a second question: in an imperial context, is the Jewish conception of empire actually Jewish?

Book Event: “Resurrecting the Idea of a Christian Society” (New York, Sept. 20)

First Things Magazine will hold a discussion of R.R. Reno’s new book, Resurrecting the Idea of a Christian Society, on September 20 in New York. (Last month, Center Director Mark Movsesian interviewed Reno about the book as part of our Conversations series). Here’s some information about the event, from the magazine: Resurrecting the Idea of a Christian Society

Please join us for a book talk, along with a wine and cheese reception, with First Things editor R. R. Reno. In Resurrecting the Idea of a Christian Society, Reno argues that America needs a renewal of Christian ideals—ideals that encourage self-sacrifice, responsibility, and solidarity. Drawing on T.S. Eliot’s 1940 essay “The Idea of a Christian Society,” Reno shows how Christianity encourages “an abiding ambition for higher things” and a “moral vision” that can strengthen communities and transform America into a truly great nation.

Further information can be found here.

Around the Web this Week

Some law and religion news from around the web this week:

Schainker, “Confessions of the Shtetl”

In November, Stanford University Press will release Confessions of the Shtetl: Converts from Judaism in Imperial Russia, 1817-1906 by Ellie R. Schainker (Emory University). The publisher’s description follows:Confessions of the Shtetl

Over the course of the nineteenth century, some 84,500 Jews in imperial Russia converted to Christianity. Confessions of the Shtetl explores the day-to-day world of these people, including the social, geographic, religious, and economic links among converts, Christians, and Jews. The book narrates converts’ tales of love, desperation, and fear, tracing the uneasy contest between religious choice and collective Jewish identity in tsarist Russia. Rather than viewing the shtetl as the foundation myth for modern Jewish nationhood, this work reveals the shtetl’s history of conversions and communal engagement with converts, which ultimately yielded a cultural hybridity that both challenged and fueled visions of Jewish separatism.

Drawing on extensive research with conversion files in imperial Russian archives, in addition to the mass press, novels, and memoirs, Ellie R. Schainker offers a sociocultural history of religious toleration and Jewish life that sees baptism not as the fundamental departure from Jewishness or the Jewish community, but as a conversion that marked the start of a complicated experiment with new forms of identity and belonging. Ultimately, she argues that the Jewish encounter with imperial Russia did not revolve around coercion and ghettoization but was a genuinely religious drama with a diverse, attractive, and aggressive Christianity.

Call for Papers: “Religious Critiques of Law”

Pepperdine University School of Law’s Nootbaar Institute  is soliciting papers for its upcoming conference, Religious Critiques of Law. The conference will be held on March 9-10, 2017. Here’s a description, from the conference organizers:Religious Critiques of Law.jpg

In his book, American Lawyers and Their Communities, Tom Shaffer envisions a downtown street. On one side of the street is a house of worship; on the other is a courthouse. According to Shaffer, law schools train lawyers to look at the religious congregation from the courthouse—that is to analyze the problems the religious congregation creates for the law. Shaffer contends that too often, law schools ignore the possibility that there might be a view of the courthouse from the house of worship.

Prophetic witness is discounted in law teaching. Our part of the academy, more than any other, has systematically discouraged and disapproved of invoking the religious tradition as important Read more