Posted on by Marc O. DeGirolami

New paper: “On the Uses of anti-Christian Identity Politics”

Here’s another new paper of mine: On the Uses of anti-Christian Identity Politics. The abstract is below.

This short essay, written for a conference on “Faith, Sexuality, and the Meaning of Freedom” held at Yale Law School in January 2017, briefly explores the emerging phenomenon of anti-Christian identity politics. The essay focuses on one particular legal source of it: a recondite provision of the so-called Treaty of Tripoli of 1796, which states that “the government of the United States is not, in any sense, founded on the Christian religion.” The uses to which the phrase has been put, it turns out, are more important than its confused and obscure historical meaning. In evaluating anti-Christian identity politics in only some of these uses, the essay considers the recent claim by Professor Mark Lilla that contemporary Americans — and American liberals in particular — ought to abandon “the politics of identity” in favor of a politics of shared citizenship.

Lilla is right that identity politics as practiced today have further corroded the commonalities that remain among Americans. Identity politics also render compromise on various culture-war issues more difficult: any policy or legal victory for the opposition, however small, assumes additional symbolic power and must therefore be resisted all the more fiercely. Yet the pathologies of identity politics are only symptoms of a more potent sickness in American political and cultural life. Americans, as citizens, share less and less. They disagree in deepening ways about the nature of the political and moral good, about justice, and about what sort of people they are and aspire to be. In short, identity politics are not the cause of, but a response to, political and cultural fragmentation. And anti-Christian identity politics, like Christian identity politics, represent one strain of that response — one ostensible point of rendezvous for a nation whose people are increasingly disaffected with and alienated from one another.

Posted on by Marc O. DeGirolami

New paper: “The Two Separations”

Here’s a new paper of mine, The Two Separations. Here’s the abstract:

There is nothing self-evidently attractive about separation — whether of church and state or anything else — as a model for individual or collective life. Pursuing separation is not like pursuing knowledge or friendship — ends that are intrinsically good. Separation must be justified by some contingent reason. Though the Constitution speaks of the free exercise of “religion” and “religion’s” non-establishment, much of the confusion about separation as an American civic ideal results from a failure to focus on the specifically historical and contingent justifications for it. These justifications concern not “religion” in general or in the abstract but Christianity in specific — Christianity being, as a historical and cultural matter, the central religious tradition of the United States.

These historical justifications have taken two cardinal forms. The first concerns the politico-theological benefits that are believed to devolve onto Christian churches, or onto Christian believers, from division from the state, and the general social and political advantages derived therefrom. The second involves the secular benefits to the liberal democratic state of unbreachable barriers against the civic and cultural influence of Christianity. The first justification is more ancient, but the second is more powerful today. The first is oriented positively, and the second negatively, toward the cultural and political value of Christianity in the United States. The first sees Christianity as precious. The second sees it as irrelevant or even obnoxious.

This chapter distinguishes and explores the two separations — separation as a specifically Christian piece of political theology, in large part for the benefit of a Christian civil society; and separation as a specifically secular position for the benefit of a liberal society that wishes to divest from and repudiate Christianity. It then describes the allure of equality and nondiscrimination as church-state ideals, their ascendancy in late twentieth century constitutional law, and the sense in which they are believed to have supplanted separation.

But neither equality nor nondiscrimination delivers what it promises: a valueless perspective on the social and political worth of Christianity. In fact, their perspective is decidedly negative. The chapter explains this claim by comparing the use of these principles in the contexts of race and sex discrimination, where the overriding assumption is that race and sex are fundamentally irrelevant considerations, and obnoxious and illegitimate bases on which to make laws and to order society. Transposed to the context of religion — and, as this chapter argues, the transposition in reality concerns Christianity specifically — a similar assumption holds: that Christianity is fundamentally an irrelevant, or even an obnoxious, and illegitimate, influence in the making of laws or the structuring of the cultural and political realms. Indeed, in a society in which Christianity has had such overwhelming predominance, insisting on equality is tantamount to squelching it. This view is not neutral as to the value of Christianity in contemporary American politics and society. It is nothing less than an expression of the second separation.

Posted on by Marc O. DeGirolami

Wicker, “The Simple Faith of Franklin Delano Roosevelt”

The place of religion in the American presidency is a source of endless historical and FDRpolitical interest. But Franklin Delano Roosevelt is not too often highlighted by scholars and biographers interested in this particular genre [ADDENDUM: but my colleague and historian of the period, John Barrett, says I am wrong about this]. Washington, Adams, Jefferson, Lincoln, Eisenhower, Kennedy, Carter, Reagan…these and others spring immediately to mind, but not FDR–the champion and architect of the New Deal. This new book by religion reporter Christine Wicker (author of a book a few years ago about the demise of Evangelical Christianity in America), The Simple Faith of Franklin Delano Roosevelt: Religion’s Role in the FDR Presidency (Penguin Random House) discusses FDR’s religious convictions and the place of religion in the FDR presidency.

In The Simple Faith of Franklin Delano Roosevelt, religion journalist and author Christine Wicker establishes that faith was at the heart of everything Roosevelt wanted for the American people. This powerful book is the first in-depth look at how one of America’s richest, most patrician presidents became a passionate and beloved champion of the downtrodden–and took the country with him. Those who knew Roosevelt best invariably credited his spiritual faith as the source of his passion for democracy, justice, and equality. Like many Americans of that time, his beliefs were simple. He believed the God who heard his prayers and answered them expected him to serve others. He anchored his faith in biblical stories and teachings. During times so hard that the country would have followed him anywhere, he summoned the better angels of the American character in ways that have never been surpassed.

Posted on by Liam Ray

Around the Web

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

Posted on by Marc O. DeGirolami

FDR’s 1937 Columbus Day Proclamation

Happy Columbus Day! I was surprised to learn recently that Columbus Day was made a national holiday by Franklin Delano Roosevelt Columbusin 1937 (though previous presidents had urged the country to celebrate Columbus), who recognized it in the following proclamation (note the invitation to churches to observe it with “appropriate ceremonies”!):

NOW, THEREFORE, I, FRANKLIN D. ROOSEVELT, President of the United States of America, under and by virtue of the authority vested in me by the aforesaid public resolution, do by this proclamation designate October 12, 1937, as Columbus Day and do direct that on that day the flag of the United States be displayed on all Government buildings ; and, further, I do invite the people of the United States to observe the day with appropriate ceremonies in schools and churches, or other suitable places.

Posted on by Mark Movsesian

Harline, “A World Ablaze”

9780190275181Here is another in the flood of books commemorating the 500th anniversary of the Protestant Reformation this year, A World Ablaze: The Rise of Martin Luther and the Birth of the Reformation (Oxford), by BYU history professor Craig Harline. Looks interesting. Here’s a description from the publisher’s website:

October 2017 marks five hundred years since Martin Luther nailed his 95 theses to the church door in Wittenberg and launched the Protestant Reformation. At least, that’s what the legend says. But with a figure like Martin Luther, who looms so large in the historical imagination, it’s hard to separate the legend from the life, or even sometimes to separate assorted legends from each other. Over the centuries, Luther the man has given way to Luther the icon, a polished bronze figure on a pedestal.

In A World Ablaze, Craig Harline introduces us to the flesh-and-blood Martin Luther. Harline tells the riveting story of the first crucial years of the accidental crusade that would make Luther a legendary figure. He didn’t start out that way; Luther was a sometimes-cranky friar and professor who worried endlessly about the fate of his eternal soul. He sought answers in the Bible and the Church fathers, and what he found distressed him even more — the way many in the Church had come to understand salvation was profoundly wrong, thought Luther, putting millions of souls, not least his own, at risk of damnation. His ideas would pit him against numerous scholars, priests, bishops, princes, and the Pope, even as others adopted or adapted his cause, ultimately dividing the Church against itself. A World Ablaze is a tale not just of religious debate but of political intrigue, of shifting alliances and daring escapes, with Luther often narrowly avoiding capture, which might have led to execution. The conflict would eventually encompass the whole of Christendom and served as the crucible in which a new world was forged.

The Luther we find in these pages is not a statue to be admired but a complex figure — brilliant and volatile, fretful and self-righteous, curious and stubborn. Harline brings out the immediacy, uncertainty, and drama of his story, giving readers a sense of what it felt like in the moment, when the ending was still very much in doubt. The result is a masterful recreation of a momentous turning point in the history of the world.

Posted on by Liam Ray

Around the Web

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

Posted on by Mark Movsesian

“Christianity and Natural Law” (Doe, ed.)

9781107186446Within Christian thought, natural law is typically seen as a Catholic concept, indeed, as a concept that distinguishes Catholicism from other Christian communions, like Orthodoxy and Protestantism–the former of which rejects natural law as too cerebral and the latter as too optimistic, given fallen human nature. A new collection of essays from Cambridge University Press, Christianity and Natural Law: An Introduction, examines the place of natural law in the differing Christian traditions and attempts something of a synthesis–a jurisprudence of Christian law itself. The collection is edited by Cardiff University law professor Norman Doe, from whose scholarship I have benefitted in the past. Looks interesting. Here is the description from the publisher’s website:

Historically, natural law has played a pivotal role in Christian approaches to the law, and a contested role in legal philosophy generally. However, comparative study of natural law across global Christian traditions is largely neglected. This book provides not only the history of natural law ideas across mainstream Christian traditions worldwide, but also an ecumenical comparison of the contemporary natural law positions of different traditions. Its focus is not solely theoretical: it tests the practical utility of natural law by exploring its use in the legal systems of the churches studied. Alongside analysis of the assumptions underlying the concept, it also proposes a jurisprudence of Christian law itself. With chapters written by distinguished lawyers and theologians across the world, this book is designed for those studying and teaching law or theology, those who practice and study ecumenism, and those involved in the practice of church law.

Posted on by Mark Movsesian

Sikkink, “Evidence for Hope”

k11100I’ve written elsewhere, and on this blog, too, about the need to be modest about the international human rights project. Widespread agreement on vague generalities like “human dignity” obscures deep disagreement about the specific content of human rights. Notwithstanding pretensions of universality, much contemporary human rights discourse assumes Western norms that do not obtain everywhere; people who expect a thick global commitment are likely to be disappointed. Much better to limit one’s goals to ending serious, catastrophic human rights violations like genocide–which, as recent events in the Mideast show, is itself very difficult to achieve. At least that’s how it seems to me.

A new book from Harvard Professor Kathryn Sikkink, Evidence for Hope: Making Human Rights Work in the 21st Century (Princeton), argues that pessimism like mine is unwarranted. Readers can judge for themselves. Here’s a description from the publisher’s website:

A history of the successes of the human rights movement and a case for why human rights work

Evidence for Hope makes the case that, yes, human rights work. Critics may counter that the movement is in serious jeopardy or even a questionable byproduct of Western imperialism. They point out that Guantánamo is still open, the Arab Spring protests have been crushed, and governments are cracking down on NGOs everywhere. But respected human rights expert Kathryn Sikkink draws on decades of research and fieldwork to provide a rigorous rebuttal to pessimistic doubts about human rights laws and institutions. She demonstrates that change comes slowly and as the result of struggle, but in the long term, human rights movements have been vastly effective.

Attacks on the human rights movement’s credibility are based on the faulty premise that human rights ideas emerged in North America and Europe and were imposed on developing southern nations. Starting in the 1940s, Latin American leaders and activists were actually early advocates for the international protection of human rights. Sikkink shows that activists and scholars disagree about the efficacy of human rights because they use different yardsticks to measure progress. Comparing the present to the past, she shows that genocide and violence against civilians have declined over time, while access to healthcare and education has increased dramatically. Cognitive and news biases contribute to pervasive cynicism, but Sikkink’s investigation into past and current trends indicates that human rights is not in its twilight. Instead, this is a period of vibrant activism that has made impressive improvements in human well-being.

Exploring the strategies that have led to real humanitarian gains since the middle of the twentieth century, Evidence for Hope looks at how these essential advances can be supported and sustained for decades to come.

 

Posted on by Mark Movsesian

Carron, “Disarming Beauty”

P03345My friend, Professor Andrea Pin of the University of Padua, notes this new collection of essays by Fr. Julián Carrón, the leader of the Catholic lay movement, “Communion and Liberation”: Disarming Beauty: Essays on Faith, Truth, and Freedom (Notre Dame Press). Here’s the description from the publisher’s website:

In 2005, Father Julián Carrón became the leader of the global ecclesial movement Communion and Liberation, following the death of the movement’s founder, Father Luigi Giussani. Disarming Beauty is the English translation of an engaging and thought-provoking collection of essays by one of the principal Catholic leaders and intellectuals in the world today. Adapted from talks given by Fr. Carrón, these essays have been thoroughly reworked by the author to offer an organic presentation of a decade-long journey. They present the content of his elaboration of the gospel message in light of the tradition of Fr. Giussani, the teachings of the popes, and the urgent needs of contemporary people.

Carrón offers a broad diagnosis of challenges in society and then introduces their implications in contexts such as families, schools, workplaces, and political communities. In a dialogue with his listeners, he inspires and encourages them to lay out a new path for the Catholic Church and the world. Throughout his essays, Carrón addresses the most pressing questions facing theologians today and provides insights that will interest everyone, from the most devout to the firm nonbeliever. Grappling with the interaction of Christian faith and modern culture, Carrón treats in very real and concrete ways what is essential to maintaining and developing Christian faith, and he invites an ongoing conversation about the meaning of faith, truth, and freedom.