Around the Web

Here are some important law-and-religion news stories from around the web:

“Into All the World” (Nobbs & Harding, eds.)

Most legal scholarship on church-and-state focuses on the here and now. Occasionally, legal scholars focus on the history of church-state relations, but rarely further back than the post-Reformation settlement in the West. (Harold Berman was a notable exception). But the relationship between the Christian Church and the state goes back millennia. Here is a new book from Eerdmans which, among other topics, addresses the relationship between Christians and the Roman Empire in the apostolic and sub-apostolic eras, Into All the World: Emergent Christianity in Its Jewish and Greco-Roman Context, edited by Australian scholars Alanna Nobbs (Macquarie University) and Mark Harding (Australian College of Theology). The description from the publisher’s website follows:

9780802875150.jpgInto All the World—the third volume from editors Mark Harding and Alanna Nobbs on the content and social setting of the New Testament—brings together a team of eminent Australian scholars in ancient history, New Testament, and the early church to take the story of Christianity into the Jewish and Greco- Roman world of the first century.

In thirteen chapters, the contributors discuss all the post- Pauline New Testament writings, devoting attention to both their content and their context. They examine the impact of the growth of the church on both Jews and Gentiles, exploring issues such as the diaspora, minorities, the Book of Acts, and the Fourth Gospel. The book then proceeds to a discussion of the impact of Christianity on the Roman state, including consideration of the book of Revelation and the imperial cult. A final chapter investigates how the church was perceived by Clement of Rome at the end of the first century.

Yancey, “Compromising Scholarship: Religious and Political Bias in American Higher Education”

Not strictly speaking about law, to be sure, but this volume ought to hit rather close to Left Wing Bias.jpeghome–George Yancey’s empirical study of viewpoint diversity as to religion and politics (but is that description itself somewhat fraught?) in the academy. The publisher is Baylor University Press and the description is below.

Conservative and liberal commentators alike have long argued that social bias exists in American higher education. Yet those arguments have largely lacked much supporting evidence. In this first systematic attempt to substantiate social bias in higher education, George Yancey embarks on a quantitative and qualitative analysis of the social biases and attitudes of faculties in American universities—surveying professors in disciplines from political science to experimental biology and then examining the blogs of 42 sociology professors. In so doing, Yancey finds that politically—and, even more so, religiously—conservative academics are at a distinct disadvantage in our institutions of learning, threatening the free exchange of ideas to which our institutions aspire and leaving many scientific inquiries unexplored.

Around the Web

Here are some important news stories involving law and religion from around the web:

Chambers, “Against Marriage: An Egalitarian Defense of the Marriage-Free State”

What can’t equality do? As Mark has recently noted, the “passion for equality” that Bad Marriage.jpegTocqueville observed in the American situation has taken on new power in our own time. In this book, philosopher Clare Chambers deploys equality in the service of arguing that we should abolish state-recognized marriage. A part of the book seems to be devoted to explaining how her proposals are even more egalitarian, or even more truly egalitarian, than those who argue for the expansion of marriage to new kinds of arrangements. The publisher is Oxford and the description is below.

Against Marriage is a radical argument for the abolition of state-recognised marriage. Clare Chambers argues that state-recognised marriage violates both equality and liberty, even when expanded to include same-sex couples. Instead Chambers proposes the marriage-free state: an egalitarian state in which religious or secular marriages are permitted but have no legal status.

Part I makes the case against marriage. Chambers investigates the critique of marriage that has developed within feminist and liberal theory. Feminists have long argued that marriage is a violation of equality since it is both sexist and heterosexist. Chambers endorses the feminist view and argues, in contrast to recent egalitarian pro-marriage movements, that same-sex marriage is not enough to make marriage equal. Chambers argues that state-recognised marriage is also problematic for liberalism, particularly political liberalism, since it imposes a controversial, hierarchical conception of the family that excludes many adults and children.

Part II sets out the case for the marriage-free state. Chambers critically assesses recent theories that attempt to make marriage egalitarian, either by replacing it with relationship contracts or by replacing it with alternative statuses such as civil union. She then sets out a new model for the legal regulation of personal relationships. In the marriage-free state regulation is based on relationship practices not relationship status, and these practices are regulated separately rather than as a bundle. The marriage-free state thus employs piecemeal, practice-based regulation. Finally, Chambers considers how the marriage-free state should respond to unequal religious marriage. The result is an inspiring egalitarian approach that fits the diversity of real relationships.

Murray, “The Strange Death of Europe: Immigration, Identity, Islam”

Sure to be provocative and insightful, this book by Douglas Murray is a study of the Death of Europevarious demographic and identitarian problems that Western Europe is now facing. Note in particular his travels to Lampedusa in Sicily, the site of the famous novel, Il Gattopardo. The publisher is Bloomsbury and the description is below.

The Strange Death of Europe is a highly personal account of a continent and culture caught in the act of suicide. Declining birth-rates, mass immigration and cultivated self-distrust and self-hatred have come together to make Europeans unable to argue for themselves and incapable of resisting their own comprehensive change as a society. This book is not only an analysis of demographic and political realities, but also an eyewitness account of a continent in self-destruct mode. It includes reporting from across the entire continent, from the places where migrants land to the places they end up, from the people who appear to welcome them in to the places which cannot accept them.

Told from this first-hand perspective, and backed with impressive research and evidence, the book addresses the disappointing failure of multiculturalism, Angela Merkel’s U-turn on migration, the lack of repatriation and the Western fixation on guilt. Murray travels to Berlin, Paris, Scandinavia, Lampedusa and Greece to uncover the malaise at the very heart of the European culture, and to hear the stories of those who have arrived in Europe from far away. In each chapter he also takes a step back to look at the bigger issues which lie behind a continent’s death-wish, answering the question of why anyone, let alone an entire civilisation, would do this to themselves? He ends with two visions of Europe – one hopeful, one pessimistic – which paint a picture of Europe in crisis and offer a choice as to what, if anything, we can do next.

Lilla, “The Once and Future Liberal: After Identity Politics”

Mark Lilla is the author of a very interesting book concerning political theology (The LillaStillborn God) as well as other excellent work on Giambattista Vico, reactionary thought, and Isaiah Berlin. I was fortunate to have him as a teacher in a seminar on the thought of William James. Here he comes out swinging in a new book on political liberalism–The Once and Future Liberal: After Identity Politics–which has identity politics in its sights. The publisher is HarperCollins and the description is below.

In The Once and Future Liberal, Mark Lilla offers an impassioned, tough-minded, and stinging look at the failure of American liberalism over the past two generations. Although there have been Democrats in the White House, and some notable policy achievements, for nearly 40 years the vision that Ronald Reagan offered—small government, lower taxes, and self-reliant individualism—has remained the country’s dominant political ideology. And the Democratic Party has offered no convincing competing vision in response.

Instead, as Lilla argues, American liberalism fell under the spell of identity politics, with disastrous consequences. Driven originally by a sincere desire to protect the most vulnerable Americans, the left has now unwittingly balkanized the electorate, encouraged self-absorption rather than solidarity, and invested its energies in social movements rather than in party politics.

With dire consequences. Lilla goes on to show how the left’s identity-focused individualism insidiously conspired with the amoral economic individualism of the Reaganite right to shape an electorate with little sense of a shared future and near-contempt for the idea of the common good. In the contest for the American imagination, liberals have abdicated.

Now they have an opportunity to reset. The left is motivated, and the Republican Party, led by an unpredictable demagogue, is in ideological disarray. To seize this opportunity, Lilla insists, liberals must concentrate their efforts on recapturing our institutions by winning elections. The time for hectoring is over. It is time to reach out and start persuading people from every walk of life and in every region of the country that liberals will stand up for them. We must appeal to – but also help to rebuild –  a sense of common feeling among Americans, and a sense of duty to each other.

A fiercely-argued, no-nonsense book, enlivened by Lilla’s acerbic wit and erudition, The Once and Future Liberal is essential reading for our momentous times.

Around the Web

Here are some important law-and-religion news stories from around the web:

Gregory, “Rebel in the Ranks: Martin Luther, the Reformation, and the Conflicts that Continue to Shape Our Modern World”

Here is a new book by Brad Gregory, author of the excellent The Unintended Reformation, Martin Lutherthat focuses on Martin Luther in specific. Gregory’s thesis in his first volume was that to understand the conflicts of modernity, one needs to begin with the Reformation. This appears to be another book in the same vein, and well worth reading. The publisher is HarperCollins and the description is below.

On the 500th anniversary of the Reformation comes this compelling, illuminating, and expansive religious history that examines the complicated and unintended legacies of Martin Luther and the epochal movement that continues to shape the world today.

For five centuries, Martin Luther has been lionized as an outspoken and fearless icon of change who ended the Middle Ages and heralded the beginning of the modern world. In Rebel in the Ranks, Brad Gregory, renowned professor of European history at Notre Dame, recasts this long-accepted portrait. Luther did not intend to start a revolution that would divide the Catholic Church and forever change Western civilization. Yet his actions would profoundly shape our world in ways he could never have imagined.

Gregory analyzes Luther’s inadvertent role in starting the Reformation and the epochal changes that followed. He reveals how Luther’s insistence on the Bible as the sole authority for Christian truth led to conflicting interpretations of its meaning—and to the rise of competing churches, political conflicts, and social upheavals. Ultimately, he contends, some of the major historical and cultural developments that arose in its wake—including the Enlightenment, individual self-determination and moral relativism, and a religious freedom that protects one’s right to worship or even to reject religion—would have appalled Luther: a reluctant revolutionary, a rebel in the ranks, whose goal was to make society more Christian, yet instead set the world on fire.

Corvino et al., “Debating Religious Liberty and Discrimination”

Now here’s something you don’t see everyday: a book from a major university press, written jointly by people on opposite sides, on the conflict between religious freedom and anti-discrimination laws. The book is Debating Religious Liberty and Discrimination (Oxford), by LGBT rights advocate John Corvino (Wayne State) and two social conservatives, Ryan Anderson (Heritage Foundation) and Sherif Girgis (PhD Candidate at Princeton). Here’s the description from the Oxford website:

9780190603076Virtually everyone supports religious liberty, and virtually everyone opposes discrimination. But how do we handle the hard questions that arise when exercises of religious liberty seem to discriminate unjustly? How do we promote the common good while respecting conscience in a diverse society?

This point-counterpoint book brings together leading voices in the culture wars to debate such questions: John Corvino, a longtime LGBT-rights advocate, opposite Ryan T. Anderson and Sherif Girgis, prominent young social conservatives.

Many such questions have arisen in response to same-sex marriage: How should we treat county clerks who do not wish to authorize such marriages, for example; or bakers, florists, and photographers who do not wish to provide same-sex wedding services? But the conflicts extend well beyond the LGBT rights arena. How should we treat hospitals, schools, and adoption agencies that can’t in conscience follow antidiscrimination laws, healthcare mandates, and other regulations? Should corporations ever get exemptions? Should public officials?

Should we keep controversial laws like the Religious Freedom Restoration Act, or pass new ones like the First Amendment Defense Act? Should the law give religion and conscience special protection at all, and if so, why? What counts as discrimination, and when is it unjust? What kinds of material and dignitary harms should the law try to fight-and what is dignitary harm, anyway?

Beyond the law, how should we treat religious beliefs and practices we find mistaken or even oppressive? Should we tolerate them or actively discourage them?

In point-counterpoint format, Corvino, Anderson and Girgis explore these questions and more. Although their differences run deep, they tackle them with civility, clarity, and flair. Their debate is an essential contribution to contemporary discussions about why religious liberty matters and what respecting it requires.