Warren, “God’s Red Son

In April, Hachette Book Group will release God’s Red Son: The Ghost Dance Religion and the Making of Modern America by Louis S. Warren (University of California, Davis). The publisher’s description follows:

 gods-red-son-pnIn 1890, on Indian reservations across the West, followers of a new religion danced in circles until they collapsed into trances. In an attempt to suppress this new faith, the US Army killed over two hundred Lakota Sioux at Wounded Knee Creek. Louis Warren’s God’s Red Son offers a startling new view of the religion known as the Ghost Dance, from its origins in the visions of a Northern Paiute named Wovoka to the tragedy in South Dakota. To this day, the Ghost Dance remains widely mischaracterized as a primitive and failed effort by Indian militants to resist American conquest and return to traditional ways. In fact, followers of the Ghost Dance sought to thrive in modern America by working for wages, farming the land, and educating their children, tenets that helped the religion endure for decades after Wounded Knee. God’s Red Son powerfully reveals how Ghost Dance teachings helped Indians retain their identity and reshape the modern world.

Haleem, “Exploring the Qur’an: Context and Impact”

In April, I.B. Tauris Publishers will release Exploring the Qur’an: Context and Impact by Muhammad Abdel Haleem (University of London). The publisher’s description follows:

ibtauris_logoThe teachings, style and impact of the Qur’an have always been matters of controversy, among both Muslims and non-Muslims. But in a modern context of intercultural sensitivity, what the Qur’an says and means are perhaps more urgent questions than ever before. This major new book by one of the world’s finest Islamic scholars responds to that urgency. Building on his earlier groundbreaking work, the author challenges misinterpretations of particular Qur’anic verses from whatever quarter. He addresses the infamous ‘sword’ verse, frequently cited as a justification for jihad. He also questions the ‘tribute’ verse, associated with the Muslim state subjugating Jews and Christians; and the idea of Paradise in the Qur’an, often viewed by the West as emphasising merely physical pleasures, or used by Islamic fighters as their just reward for holy war. The author argues that wrenching the verses out of the context of the whole has led to dangerous ideologies being built on isolated phrases which have then assumed afterlives of their own. This nuanced, holistic reading has vital interfaith ramifications.

My Take on Gorsuch: A Solid Conservative

At the First Things site today, I reflect on this week’s nomination of Judge Neil Gorsuch to serve on the Supreme Court. In my opinion, he’s likely to be a solid conservative–the sort of judge that any Republican administration in the last generation could have nominated. Here’s an excerpt:

He holds to originalism in constitutional interpretation and textualism in statutory interpretation—two positions that have been the foundation for judicial conservatism since the 1980s. His record in religion cases is reassuring. On the free exercise side, he has shown sensitivity to the right of believers to claim exemptions from laws that substantially burden their religious exercise. And he has done so not only in the famous Hobby Lobby case, in which the claimants were conservative Christians, but in a case involving a Native American prisoner. In fact, his opinion in the latter case, Youngbear v. Lambert, is a sophisticated, engaging essay on the law of religious exemptions generally. Gorsuch is a clear and accessible writer—something one cannot say for many judges.

His opinions on the Establishment Clause side, less well known, are also encouraging. Judge Gorsuch has signaled his opposition to the thirty-year-old “endorsement test,” which forbids state-sponsored displays that a reasonable observer would understand as an endorsement of religion. The test is famously malleable, and Judge Gorsuch has criticized the way his own circuit, in particular, has misinterpreted it to forbid some traditional public displays—including, notably, a Ten Commandments monument. His apparent dissatisfaction with the endorsement test bodes well for restoring a more sane Establishment Clause jurisprudence that honors American traditions.

You can read the whole post here.

 

Around the Web This Week

Here is a look at some law and religion news stories from around the web this week:

Hasan, “Public Islam in Indonesia”

In April, University of Chicago Press will release “Public Islam in Indonesia: Piety, Politics, and Identity,” by Noorhaidi Hasan (Sunan Kalijaga State Islamic University).  The publisher’s description follows:

9789462983205In recent years, ongoing democratization in Indonesia has enabled the rise of a form of Islam that is more sympathetic to the basic democratic principle of individual freedom. As a result, many Islamic symbols have lost their strictly religious meanings in favor of new pragmatic and political undertones. Combining approaches from political science and anthropology, Noorhaidi Hasan explores this phenomenon and the extent to which public Islam could represent a new future for the nation, one that moves beyond the simple opposition of state versus religion.

Gorski, “American Covenant”

This month, Princeton University Press releases “American Covenant: A History of Civil Religion from the Puritans to the Present,” by Philip Gorski (Yale University).  The publisher’s description follows:

Was the United States founded as a Christian nation or a secular democracy? Neither, argues Philip Gorski in American Covenant. What the founders actually envisioned was k10976a prophetic republic that would weave together the ethical vision of the Hebrew prophets and the Western political heritage of civic republicanism. In this ambitious book, Gorski shows why this civil religious tradition is now in peril—and with it the American experiment.

Gorski traces the historical development of prophetic republicanism from the Puritan era to the present day. He provides close readings of thinkers such as John Winthrop, Thomas Jefferson, Frederick Douglass, W.E.B. Du Bois, and Hannah Arendt, along with insightful portraits of recent and contemporary religious and political leaders such as Jerry Falwell, Pat Robertson, Ronald Reagan, George W. Bush, and Barack Obama. Gorski shows how the founders’ original vision for America is threatened by an internecine struggle between two rival traditions, religious nationalism and radical secularism. Religious nationalism is a form of militaristic hyperpatriotism that imagines the United States as a divine instrument in the final showdown between good and evil. Radical secularists fervently deny the positive contributions of the Judeo-Christian tradition to the American project and seek to remove all traces of religious expression from the public square. Gorski offers an unsparing critique of both, demonstrating how half a century of culture war has drowned out the quieter voices of the vital center.

American Covenant makes the compelling case that if we are to rebuild that vital center, we must recover the civil religious tradition on which the republic was founded.

Ispahani, “Purifying the Land of the Pure”

This month, Oxford University Press releases “Purifying the Land of the Pure: A History of Pakistan’s Religious Minorities,” by Farahnaz Ispahani.  The publisher’s description follows:

 When Pakistan emerged as an independent state in 1947, it sought to provide a new homeland and safe harbor for South Asia’s Muslims, the largest religious minority in 9780190621650the subcontinent at the time. Yet this project was not exclusive. Taking its name from Pakstan, an acronym composed of the key letters of its constituent regions-Punjab, Afghania, Kashmir, Sindh, and Baluchistan-Pakistan at first welcomed all of its new citizens, Muslim and non-Muslim alike. Non-Muslims comprised 23 percent of the total population, and non-Sunnis comprised a quarter of the Muslim population.

Today, non-Muslims comprise a mere 3 percent of the population, and in recent years all non-Sunnis have been subjected to increasing levels of persecution and violence. What happened?

In Purifying the Land of the Pure, Farahnaz Ispahani analyzes Pakistan’s policies towards its religious minority populations, beginning from the time of independence in 1947. She notes the period of transition from an inclusive policy to an exclusive one, citing the influence of a number of religious and political leaders who invoked a new vision for Pakistan. The word “pakistan” is Urdu for “Land of the Pure”; thus, in their view, it followed that the objective for Pakistan’s creation should be more specific and narrow: to create an Islamic State. In 1949, Pakistan’s Constituent Assembly ratified this objective, which set the country on the path it was to follow. But as Ispahani carefully notes, the event that accelerated the pace towards intolerance of non-Sunnis was General Zia-ul-Haq’s forceful ascent to power in 1977. His military regime promoted Sunni Islam at the expense of other denominations so that by the end of his reign, Pakistan was no longer a welcome place for minorities. Many fled, but those who remained faced escalating persecution, from both state and non-state actors. Tens of thousands died in the ensuing “purifying” attacks. Ispahani traces this history, stressing how the contradictions at the heart of the Pakistani state-building project have fueled the intolerance.

Concise yet sweeping in its coverage, Purifying the Land of the Pure is essential reading for anyone interested in understanding why Pakistan remains plagued by radicalism and violence.

Blankenship, “Christianity, Social Justice, and the Japanese American Incarceration during World War II”

In November, the University of North Carolina Press released “Christianity, Social Justice, and the Japanese American Incarceration during World War II,” by Anne Blankenship (North Dakota State University).  The publisher’s description follows:

Anne M. Blankenship’s study of Christianity in the infamous camps where Japanese Americans were incarcerated during World War II yields insights both far-reaching 81txz2b1mtgland timely. While most Japanese Americans maintained their traditional identities as Buddhists, a sizeable minority identified as Christian, and a number of church leaders sought to minister to them in the camps. Blankenship shows how church leaders were forced to assess the ethics and pragmatism of fighting against or acquiescing to what they clearly perceived, even in the midst of a national crisis, as an unjust social system. These religious activists became acutely aware of the impact of government, as well as church, policies that targeted ordinary Americans of diverse ethnicities.

Going through the doors of the camp churches and delving deeply into the religious experiences of the incarcerated and the faithful who aided them, Blankenship argues that the incarceration period introduced new social and legal approaches for Christians of all stripes to challenge the constitutionality of government policies on race and civil rights. She also shows how the camp experience nourished the roots of an Asian American liberation theology that sprouted in the sixties and seventies.

 

Symposium Papers on Law and Religion in an Increasingly Polarized America

The Lewis and Clark Law Review, with the guidance of Professor Jim Oleske, has put together a very nice symposium on Law and Religion in an Increasingly Polarized America. Very interesting papers by Kathleen Brady, Kent Greenawalt, Jessie Hill, Andy Koppelman, Ron Krotoszynski, Chip Lupu and Bob Tuttle, Jim Oleske, and Robin Wilson.

I’ve got a piece in there too, Religious Accommodation, Religious Tradition, and Political Polarization, which takes a somewhat critical look at the religious accommodation regime from, as it were, the other side.

Rogers, “Unpopular Sovereignty”

In February, the University of Nebraska Press will release “Unpopular Sovereignty: Mormons and the Federal Management of Early Utah Territory,” by Brent Rogers (Brigham Young University).  The publisher’s description follows:

Newly created territories in antebellum America were designed to be extensions of national sovereignty and jurisdiction. Utah Territory, however, was a deeply productimagehandlercontested space in which a cohesive settler group—the Mormons—sought to establish their own “popular sovereignty,” raising the question of who possessed and could exercise governing, legal, social, and even cultural power in a newly acquired territory.

In Unpopular Sovereignty, Brent M. Rogers invokes the case of popular sovereignty in Utah as an important contrast to the better-known slavery question in Kansas. Rogers examines the complex relationship between sovereignty and territory along three main lines of inquiry: the implementation of a republican form of government, the administration of Indian policy and Native American affairs, and gender and familial relations—all of which played an important role in the national perception of the Mormons’ ability to self-govern. Utah’s status as a federal territory drew it into larger conversations about popular sovereignty and the expansion of federal power in the West. Ultimately, Rogers argues, managing sovereignty in Utah proved to have explosive and far-reaching consequences for the nation as a whole as it teetered on the brink of disunion and civil war.