The Boy Who Cried Wolf Hypothesis (Further Thoughts in Response to Rob)

A couple of further thought in response to Rob Vischer, with whom I am greatly enjoying an exchange concerning perceptions of discrimination against Christians.

First, Rob writes that Christians are “lead[ing] the charge” against Muslims in some communities, citing conservative Christian support for so-called anti-Sharia laws and for the denial of zoning permits for the construction of mosques. I wonder if this is true. No doubt some conservative Christians do support these policies. But some say that those leading the charge today against immigrants, and those most hostile toward Muslims (and African Americans, and others, too), from the right tend to be non-Christians, not Christians. Rob suggests that the failure of some conservative Christians to advocate against, e.g., anti-Sharia laws might “smooth the way for the demonization of conservative Christians.” Perhaps that is true, but the point assumes that politics rewards a kind of principled, rational consistency (I have disagreed with Tom Berg in a similar way before, regarding his view that politics rewards reciprocality and consistency). Conservative Christians, the argument seems to say, are likelier to be rewarded with non-demonization if they support the non-demonization of another group. But it seems to me that the real reasons for Christian demonization are located in very different places than these, and that the question of whether Christians will or will not be demonized as a political and/or cultural matter depends on much more powerful political and cultural forces. To name two: the cultural desires and aspirations of the secular left and of religiously disengaged conservatism.

Second, Rob says that Christians should be “specific and restrained” in pointing out discrimination against Christians. The reason is that “our too-easy embrace of that narrative [of discrimination and/or persecution]…can limit its power when we need it most.” I don’t think I agree with this point, but whether I could agree with it or not would depend upon facts I don’t presently possess. The point being pressed by Rob could be called “the boy who cried wolf” hypothesis–the more frequently Christians point out episodes of discrimination and/or persecution against themselves, the more likely they are to be labeled “whiners” or some similarly dismissive appellation by their cultural and political opponents, and the less likely they will be to succeed when they invoke the charge of discrimination and/or persecution when it “really” happens. But why should one think that invoking discrimination is like this? To the contrary, why should one not think that the more one invokes the discrimination/persecution charge, the more powerful it becomes. And the less frequently one invokes it, the less plausible it seems (as, indeed, it seemed very implausible to the Washington State Supreme Court in the example Rob cites, notwithstanding what are to me the entirely persuasive arguments that Rob himself makes). You could call it the muscle hypothesis–the more you exercise, the stronger you get. There are many other examples of the power that the charge of discrimination can generate on behalf of a cause as a legal and political matter. Indeed, constitutional law (among other areas) is absolutely stuffed to the gills with them. If the objective is legal or political success, I’m not sure that I would accept the boy who cried wolf hypothesis as just self-evidently true, at least not without further evidence that this is, in fact, the likely outcome of “too many” claims of discrimination/persecution. In this instance, less may not be more. More may be more.

“Fragile Freedoms” (Lecce et al, eds.)

In May, Oxford University Press will release “Fragile Freedoms: The Global Struggle for Human Rights,” edited by Steven Lecce (University of Manitoba), Neil McArthur (University of Manitoba), and Arthur Schafer (University of Manitoba).  The publisher’s description follows:

This book is based upon a lecture series inaugurating the new Canadian Museum for Human Rights that took place in Winnipeg, Canada between September 2013 and May 97801902271802014.  Fragile Freedoms brings together some of the most influential contemporary thinkers on the theory and practice of human rights. The first two chapters, by Anthony Grayling and Steven Pinker, are primarily historical: they trace the emergence of human rights to a particular time and place, and they try to show how that emergence changed the world for the better. The next two chapters, by Martha Nussbaum and Kwame Anthony Appiah, are normative arguments about the philosophical foundations of human rights. The final three chapters, by John Borrows, Baroness Helena Kennedy, and Germaine Greer, are innovative applications of human rights to indigenous peoples, globalization and international law, and women. Wide ranging in its philosophical perspectives and implications, this volume is an indispensable contribution to the contemporary thinking on the rights that must be safeguarded for all people.

Ten Napel, “Constitutionalism, Democracy and Religious Freedom”

In May, Routledge will release “Constitutionalism, Democracy and Religious Freedom: To be Fully Human,” by Hans-Martien ten Napel (Leiden University).  The publisher’s description follows:

In both Europe and North America it can be argued that the associational and institutional dimensions of the right to freedom of religion or belief are increasingly 9781138647152coming under pressure. This book demonstrates why a more classical understanding of the idea of a liberal democracy can allow for greater respect for the right to freedom of religion or belief.

The book examines the major direction in which liberal democracy has developed over the last fifty years and contends that this is not the most legitimate type of liberal democracy for religiously divided societies. Drawing on theoretical developments in the field of transnational constitutionalism, Hans-Martien ten Napel argues that redirecting the concept and practice of liberal democracy toward the more classical notion of limited, constitutional government, with a considerable degree of autonomy for civil society organizations would allow greater religious pluralism. The book shows how, in a postsecular and multicultural context, modern sources of constitutionalism and democracy, supplemented by premodern, transcendental legitimation, continue to provide the best means of legitimating Western constitutional and political orders.

Dean Rob Vischer and I on Discrimination Against Christians

Dean Rob Vischer (U. St. Thomas) has a comment over at the Mirror of Justice site concerning discrimination against Christians, in which he concludes by arguing that:

religious liberty is only as strong as the degree to which it protects the most vulnerable among us.  If millions of Americans who (should) care deeply about religious liberty fundamentally misperceive where the most potent threats are aimed, religious liberty for all is on shaky ground.  This is an argument that some conservative Christians are championing — Robby George and Russell Moore are two leading examples — but it faces an uphill climb, in part because Christians have been hearing about our own persecution for a very long time.

Christian leaders and scholars need to cultivate a new commitment to discernment: distinguishing between the discomfort of holding increasingly unpopular beliefs and the real persecution that — thus far, at least — been far more prevalent in our lyrics than in our legal system.

I responded to Rob as follows:

I see things a little differently than Rob does in his latest post concerning discrimination against Christians. I hasten to add that I am neither an Evangelical conservative Christian nor have I ever listened to Christian rock. I also have not read the original piece to which Rob links. The disagreements run to a number of issues, and as to some I am not sure they are disagreements at all. But for purposes of this post, let me point out three:

Objection from demandingness: Rob says that “[i]f millions of Americans who (should) care deeply about religious liberty fundamentally misperceive where the most potent threats are aimed, religious liberty for all is on shaky ground.” I am not sure this argument is correct. A person could perceive certain threats to religious liberty and not others, and still make contributions to the protection of religious liberty. He or she could defend certain principles in certain contexts and not in others, and still help toward the defense of those principles. That person need not have to perceive all threats, as well as the relative strength of those threats, and make all possible defenses. But Rob seems to say that if one does not do this, then one is contributing to the weakening of religious liberty. That imposes a very high standard on people to perceive accurately the quality of all threats and defend religious liberty accordingly. Otherwise they are weakening religious freedom.

Global context: Rob may not have been saying this, but I also do not agree that Americans should recognize that discrimination and persecution of Christians is, at least as a global phenomenon, of lesser importance or significance or urgency than discrimination against other religious groups. In fact, if anything it is secular Americans, not Evangelical Christians, who fundamentally misperceive where the most potent threats to religious freedom are aimed. Those threats are aimed at Christians in the Mideast. The American political regime that preceded this one consistently, almost willfully, misperceived that threat to religious freedom. Many American Christians seem not to perceive the atrocities that have been and are occurring to their co-religionists, and that my colleague, Mark Movsesian (among others), has documented. But I am not sure that I blame them for this. Here again, I revert to the first point of disagreement. It will be very difficult to protect religious freedom if every person has to accurately assess the relative strength of various threats to religious freedom and protect them in corresponding proportion. Whose metrics will be used? What happens when we disagree about the relative power of the threats? Is it not better to allow for different constituencies to emphasize and advocate for different problem issues? Is it not a more realistic approach that might result in the collective strengthening of religious freedom?

Just Wait Until It’s Worse!: Finally, I disagree with an implication of Rob’s post: that until Christians in this country have it as bad as other constituencies, they need to recognize their own relatively insignificant lot and wait for things to get worse before they can really start to complain. Rob almost certainly did not mean to say this, but the argument he makes reminds me very much of the ‘now that’s real persecution‘ style of argument. It is of course true that people ought to be concerned with severe violations of religious freedom. But I do not think it is true that people ought to measure or evaluate the state of their own religious freedom only by comparison with its worst violations. There is inevitably a kind of recursion to the lowest common denominator in these kinds of arguments, a suggestion that until American Christians endure the same sorts of threats as others, they are just “whining.” I must say that this argument (as I’ve written before) has always been mysterious and borderline perverse to me. Assuming the threats to religious liberty (as in point 1) to be of differential urgency, why is it necessary for those threats to become much, much worse before we will acknowledge their legitimacy?

Rob has responded to me, in part agreeing, in part disagreeing. I’ll try to put up another post on two specific questions raised in his responsive post: (1) Does it in fact follow that advocating for religious freedom in one context but not in another makes it more likely that religious freedom in the first context is threatened?; and (2) Is the “boy who cried wolf” phenomenon described by Rob in fact an accurate description of the way in which claims for religious freedom succeed or fail. That is, is Rob right that Christians ought to save their complaints for really bad sorts of discrimination, lest they be ignored when those really bad sorts of discrimination arise? Suffice it to say for now that I am skeptical on both counts, but particularly the second.