Four Pieces on Culture Warring–Inevitable, Interminable, Permanent

For one reason or another, a number of people in the blogosphere have been writing culture war posts in the last few days. Perhaps it’s the end of the year, or the looming political changes, or exam avoidance, or just the holiday cheer. For those who are interested, have a look at Mark Tushnet’s recent post, Paul Horwitz’s response, and this rather grim comment by R.J. Snell–all of them culture war related.

But the piece I really want to highlight is alluded to in the Snell post–Philip Rieff’s “The Newer Noises of War in the Second Culture Camp: Notes on Professor Burt’s Legal Fictions,” published in 1991 and in response to Robert Burt’s then-recent book, “Two Jewish Justices: Outcasts in the Promised Land.” I cannot do justice to the entire piece, but here is a fragment that is, in its way, responsive to each of the three posts above:

Let there be fight? And there was. And there is. James Joyce’s pun, on the words of Jewish second world creation, Genesis 1:3, is more than mildly amusing; it gives readers the most exact and concise account I know of the sociological form of culture. Culture is the form of fighting before the firing actually begins. Every culture declares peace on its own inevitably political terms. Unless a culture is defeated politically, as the Jewish was from the Roman conquest to the founding of Israel, it will assert itself politically. A living culture, even one that imitates life by politicizing its cultural impoverishment, works for itself. That cultural work is the matter and manner of disarming competing cultures, inside and outside its previously bounded self. In its disarming manner, a culture makes the ultimate political means of enforcement, armed force, unnecessary….

12) Kulturkampf. The German compound word for the disarming force/form of culture has an awkward English equivalent: culture/struggle. As I remarked in the first note, the punning polemical genius of Joyce brought him closer than any sociologist I know to both the formal fighting sense of culture and its superordinate creative sense. It is in that both/and that the historical task of culture is always and everywhere the same: the creation of a world in which its inhabitants may find themselves at home and yet accommodate the stranger without yielding their habitus to him. Here and now, pluralism has its price: a united front of second against third world assaults [for Rieff’s discussion of first, second, and third worlds, see earlier in the piece], which are often mounted in the name of pluralism.

13) Origins of kulturkampf. Law is the ultimate weapon, before any turn to harder ware, in a kulturkampf. That word first appeared in common German use in the early 1870’s during the struggle of the National Liberal political party to disarm by law the moral/educational authority, and political pulpitry, of a triumphalist Roman Catholic hierarchy, revitalized as it then was by its dogma of papal infallibility in matters of faith and morals. The aim of the National Liberals was to shift the German Catholic imagination away from the church to the state. The Pope responded to newly restrictive laws by forbidding clerical conformity to them. In turn, the state dismissed clerical resisters from their duties and, moreover, suspended their state salaries. Elites of the kulturstaat, both Catholic and Protestant, then learned a fatally rational and enduring lesson: the high price of being other than indifferent to the temptation of opposing the machtstaat.

“Judging Faith, Punishing Sin” (Parker & Starr-LeBeau, eds.)

Next month, Cambridge University Press will release “Judging Faith, Punishing Sin: Inquisitions and Consistories in the Early Modern World,” edited by Charles Parker (St. Louis University) and Gretchen Starr-LeBeau (Principia College).  The publisher’s description follows: 

Judging Faith, Punishing Sin breaks new ground by offering the first comparative treatment of Catholic inquisitions and Calvinist consistories, offering scholars a new cup-colour-logo2framework for analysing religious reform and social discipline in the great Christian age of reformation. Global in scope, both institutions played critical roles in prosecuting deviance, implementing religious uniformity, and promoting moral discipline in the social upheaval of the Reformation. Rooted in local archives and addressing specific themes, the essays survey the state of scholarship and chart directions for future inquiry and, taken as a whole, demonstrate the unique convergence of penitential practice, legal innovation, church authority, and state power, and how these forces transformed Christianity. Bringing together leading scholars across four continents, this volume is an invaluable contribution to our understanding of religion in the early modern world. University students and scholars alike will appreciate its clear introduction to scholarly debates and cutting edge scholarship.

Masri, “The Dynamics of Exclusionary Constitutionalism”

In February, Hart Publishing will release “The Dynamics of Exclusionary Constitutionalism: Israel as a Jewish and Democratic State,” by Mazen Masri (University of London).  The publisher’s description follows:

What does Israel’s definition as a ‘Jewish and democratic’ state mean? How does it affect constitutional law? How does it play out in the daily life of the people living in 9781509902552Israel? This book provides a unique and detailed examination of the consequences of the ‘Jewish and democratic’ definition. It explores how the definition affects the internal ordering of the state, the operation of the law, and the ways it is used to justify, protect and regenerate certain features of Israeli constitutional law. It also considers the relationship between law and settler-colonialism, and how this relationship manifests itself in the constitutional order.

The book offers a novel perspective on the Jewish and democratic definition rooted in constitutional theory and informed by a socio-legal approach. Relying on a wide range of court cases and statutes as well as secondary sources, the book shows how the definition is deeply embedded in the constitutional structure, and operates, as a matter of law, in a manner that concentrates political power in the hands of the Jewish citizens and excludes the Palestinian Arab citizens in Israel from the political process. The book is a timely intervention in an increasingly important question, and is essential reading for those who want to understand Israel’s character, its relationship with the constitutional order, and its impact on society.