“Law, Religion, and Health in the United States” (Lynch, Cohen, and Sepper eds.)

The last few years have seen an explosion of conflicts between the claims of religious Religion Healthfreedom and those of health–from physical health to mental health to broader understandings of psychic and other forms of well-being. The essays in this volume, edited by Holly Fernandez Lynch, I. Glenn Cohen, and Elizabeth Sepper, overwhelmingly come down on the side of health, expressing various kinds of skepticism about the Hobby Lobby case and decrying the interference of religious freedom with what they view as necessary measures for public well-being. The publisher is Cambridge University Press and here is the description.

While the law can create conflict between religion and health, it can also facilitate religious accommodation and protection of conscience. Finding this balance is critical to addressing the most pressing questions at the intersection of law, religion, and health in the United States: should physicians be required to disclose their religious beliefs to patients? How should we think about institutional conscience in the health care setting? How should health care providers deal with families with religious objections to withdrawing treatment? In this timely book, experts from a variety of perspectives and disciplines offer insight on these and other pressing questions, describing what the public discourse gets right and wrong, how policymakers might respond, and what potential conflicts may arise in the future. It should be read by academics, policymakers, and anyone else – patient or physician, secular or devout – interested in how US law interacts with health care and religion.

Moss & Baden, “Bible Nation: The United States of Hobby Lobby”

From Candida Moss, the author of a book about how Christian persecution in the early Moss.gifyears of Christianity was largely made up (or, at any rate grossly overblown), comes a new co-authored book that takes aim at Hobby Lobby, the business that won an important legal fight against the Obama Administration about religious freedom three years ago. That surely must explain the authors’ choice of their ideological target, since an entire world of Christian conservatives was otherwise available to them. The publisher is Princeton University Press, the other author is Joel Baden, and the description is below.

Like many evangelical Christians, the Green family of Oklahoma City believes that America was founded on a “biblical worldview as a Christian nation.” But the Greens are far from typical evangelicals in other ways. The billionaire owners of Hobby Lobby, a huge nationwide chain of craft stores, the Greens came to national attention in 2014 after successfully suing the federal government over their religious objections to provisions of the Affordable Care Act. What is less widely known is that the Greens are now America’s biggest financial supporters of Christian causes—and they are spending hundreds of millions of dollars in an ambitious effort to increase the Bible’s influence on American society. In Bible Nation, Candida Moss and Joel Baden provide the first in-depth investigative account of the Greens’ sweeping Bible projects and the many questions they raise.

Bible Nation tells the story of the Greens’ rapid acquisition of an unparalleled collection of biblical antiquities; their creation of a closely controlled group of scholars to study and promote their collection; their efforts to place a Bible curriculum in public schools; and their construction of a $500 million Museum of the Bible near the National Mall in Washington, D.C. Bible Nation reveals how these seemingly disparate initiatives promote a very particular set of beliefs about the Bible—and raise serious ethical questions about the trade in biblical antiquities, the integrity of academic research, and more.

Bible Nation is an important and timely account of how a vast private fortune is being used to promote personal faith in the public sphere—and why it should matter to everyone.

Around the Web

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

“Agape, Justice, and Law” (Cochran & Calo eds.)

Here is an interesting set of essays on the relationship of the Christian virtue of agape–Agapethe distinterested love of others or love of neighbor–to law in general and a variety of legal disciplines in particular. The volume is pitched as an alternative to other more typical ways of thinking about American law (e.g., law and liberalism, law and economics, critical legal studies, and so on). The volume is edited by Robert Cochran and Zachary Calo, published by Cambridge University Press, and the description is below.

In a provocative essay, philosopher Jeffrie Murphy asks: ‘what would law be like if we organized it around the value of Christian love, and if we thought about and criticized law in terms of that value?’. This book brings together leading scholars from a variety of disciplines to address that question. Scholars have given surprisingly little attention to assessing how the central Christian ethical category of love – agape – might impact the way we understand law. This book aims to fill that gap by investigating the relationship between agape and law in Scripture, theology, and jurisprudence, as well as applying these insights to contemporary debates in criminal law, tort law, elder law, immigration law, corporate law, intellectual property, and international relations. At a time when the discourse between Christian and other world views is more likely to be filled with hate than love, the implications of agape for law are crucial.

Heller, “Jabotinsky’s Children”

From Princeton University Press, a new book on a lesser-known aspect of Jewish history, “right-wing Zionism” in pre-war Poland. The book, Jabotinsky’s Children: Polish Jews and the Rise of Right-Wing Zionism, is by McGill University professor Daniel Kupfert Heller. Here’s a description of the book from the Princeton website:

k11134By the late 1930s, as many as fifty thousand Polish Jews belonged to Betar, a youth movement known for its support of Vladimir Jabotinsky, the founder of right-wing Zionism. Poland was not only home to Jabotinsky’s largest following. The country also served as an inspiration and incubator for the development of right-wing Zionist ideas. Jabotinsky’s Children draws on a wealth of rare archival material to uncover how the young people in Betar were instrumental in shaping right-wing Zionist attitudes about the roles that authoritarianism and military force could play in the quest to build and maintain a Jewish state.

Recovering the voices of ordinary Betar members through their letters, diaries, and autobiographies, Jabotinsky’s Children paints a vivid portrait of young Polish Jews and their turbulent lives on the eve of the Holocaust. Rather than define Jabotinsky as a firebrand fascist or steadfast democrat, the book instead reveals how he deliberately delivered multiple and contradictory messages to his young followers, leaving it to them to interpret him as they saw fit. Tracing Betar’s surprising relationship with interwar Poland’s authoritarian government, Jabotinsky’s Children overturns popular misconceptions about Polish-Jewish relations between the two world wars and captures the fervent efforts of Poland’s Jewish youth to determine, on their own terms, who they were, where they belonged, and what their future held in store.

Shedding critical light on a vital yet neglected chapter in the history of Zionism, Jabotinsky’s Children provides invaluable perspective on the origins of right-wing Zionist beliefs and their enduring allure in Israel today.

 

Around the Web

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

Kaveny, “Ethics at the Edges of Law”

Later this year, Oxford University Press will publish a new book by lawyer and theologian Cathleen Kaveny, the Darald and Juliet Libby Professor of Law and Theology at Boston College. Professor Kavey presented her work at the inaugural session of our Center’s Colloquium in Law and Religion in 2012, and her new book, Ethics at the Edges of Law: Christian Moralists and American Legal Thought, looks very interesting indeed. Here’s the description from the Oxford website:

9780190612290Ethics at the Edges of Law makes the case that religious moralists should treat the discipline of law as a valuable conversation partner, rather than reducing it to a vehicle for enforcing judgments about morality and public policy. Religious moralists should treat the secular law as a source of moral wisdom and conceptual insight, in the same way that they treat the discipline of philosophy. Cathleen Kaveny develops her argument by showing how the work of a range of important contemporary figures in Christian ethics, including John Noonan, Stanley Hauerwas, and Margaret Farley, can be enriched and illuminated by engagement with particular aspects of the American legal tradition. The book is divided into three parts: Part I, “Narratives and Norms,” examines how the workings of the legal tradition can shed light on the development of religious and moral traditions. Part II, “Love, Justice, and Law,” uses particular legal cases and controversies to advance questions about the relationship of love and justice in Christian ethics. Part III, “Legal Categories and Theological Problems,” shows how legal categories and concepts can help reframe and even resolve particular moral controversies within religious communities. Ethics at the Edges of Law jumpstarts a fruitful, mutually engaged conversation between the American legal tradition and the tradition of Christian ethics.

 

Montefiore, “The Romanovs”

This year marks the 100th anniversary of the Bolshevik Revolution, a self-conscious attempt to break the hold of Christianity and establish an enlightened, secular, egalitarian state. Secular, it was, anyway. Before establishing their state, the Bolsheviks had to overthrow a self-consciously Orthodox Christian regime and remove and then eliminate the ruling Romanov dynasty–the last step, as Omar Sharif’s character explains in Doctor Zhivago, “to show there’s no going back.” Historian Samuel Sebag Montefiore has written a new book on that dynasty, The Romanovs, published in May by Penguin Random House. Here is the description from the publisher’s website:

9780307280510The Romanovs were the most successful dynasty of modern times, ruling a sixth of the world’s surface for three centuries. How did one family turn a war-ruined principality into the world’s greatest empire? And how did they lose it all?

This is the intimate story of twenty tsars and tsarinas, some touched by genius, some by madness, but all inspired by holy autocracy and imperial ambition. Simon Sebag Montefiore’s gripping chronicle reveals their secret world of unlimited power and ruthless empire-building, overshadowed by palace conspiracy, family rivalries, sexual decadence, and wild extravagance.

Drawing on new archival research, Montefiore delivers an enthralling epic of triumph and tragedy, love and murder, that is both a universal study of power and a portrait of empire that helps define Russia today.

Bishop Suriel, “Habib Girgis”

The Coptic Orthodox Church in Egypt is today suffering one of the worst periods of persecution in its long history. Few in the West realize, though, that this period of trial follows a renaissance in Coptic identity and spirituality in the last century. A central figure in that renaissance was scholar Habib Girgis, leader of the Sunday School Movement, which relied on religious education as the foundation for a revived community. A new book from Bishop Suriel of the Coptic Church, Habib Girgis: Coptic Orthodox Educator and a Light in the Darkness, explores Girgis’s life and legacy. Here is the description from the publisher, the St. Vladimir’s Seminary Press:

GurgisPaperFINAL41__44909.1491341742.300.300This is the first comprehensive work published on the life of Habib Girgis. By the mid-nineteenth century, the Coptic Orthodox Church was in a state of deep vulnerability that tore at the very fabric of Coptic identity. In response, Girgis dedicated his life to advancing religious and theological education.

This book follows Girgis’ six-decade-long career as an educator, reformer, dean of a theological college, and pioneer of the Sunday School Movement in Egypt—including his publications and a cache of newly discovered texts from the Coptic Orthodox Archives in Cairo. It traces his agenda for educational reform in the Coptic Church from youth to old age, as well as his work among the villagers of Upper Egypt. It details his struggle to implement his vision of a Coptic identity forged through education, and in the face of a hostile milieu.

The pain and strength of Girgis are seen most clearly near the end of his career, when he said, “Despite efforts that sapped my health and crushed my strength, I did not surrender for one day to anyone who resisted or envied me…. Birds peck only at ripe fruits. I thank God Almighty that, through his grace, despair never penetrated my soul for even one day, but in fact I constantly smile at the resistances…. It is imperative that we do not fail in doing good, for we shall reap the harvest in due time, if we do not weary.”

Habib Girgis remains a pioneer of Coptic religious and theological education—a Copt whose vision and legacy continue to shape his community to this very day.