“Under Caesar’s Sword” (Philpott & Shah, eds.)

Here is an interesting collection of essays that seems to derive from this very worthwhilePhilpott.jpg project concerning Christian persecution in areas of Asia, Africa, and Latin America, as well as the response of Western nations. Under Caesar’s Sword: How Christians Respond to Persecution (CUP), edited by Daniel Philpott and Timothy Samuel Shah. Well worth checking out.

The global persecution of Christians is an urgent human rights issue that remains underreported. This volume presents the results of the first systematic global investigation into how Christians respond to persecution. World-class scholars of global Christianity present first-hand research from most of the sites of the harshest persecution as well as the West and Latin America. Their findings make clear the nature of persecution, the reasons for it, Christian responses to it – both non-violent and confrontational – and the effects of these responses. Motivating the volume is the hope that this knowledge will empower all who would exercise solidarity with the world’s persecuted Christians and will offer the victims strategies for a more effective response. This book is written for anyone concerned about the persecution of Christians or more generally about the human right of religious freedom, including scholars, activists, political and religious leaders, and those who work for international organizations.

Thompson, “Dangerous Leaders: How & Why Lawyers Must be Taught to Lead”

When I used to teach Professional Responsibility, I always assigned a wonderful piece by Thomas Shaffer called, “On Living One Way in Town and Another Way at Home.” The piece uses a short story by Louis Auchincloss to illustrate the importance of leading a life within the law of integrity–in the denotative sense of an integration of one’s professional and non-professional ethical self.

Here is a book, admittedly not really about religion at all, that also appears to be an Leaders!exercise in advocacy for moral education for lawyers. But it takes, as it were, a rather different view. Dangerous Leaders: How & Why Lawyers Must be Taught to Lead (Stanford UP) by Anthony C. Thompson.

Flint, Michigan’s water crisis, the New Jersey “Bridgegate” scandal, Enron: all these incidents are examples of various forms of leadership failure. More specifically, each represents marked failures among leaders with legal training. When we look closer at one profession from which we often draw our political, business, and organizational leaders—the legal profession—we find a deep chasm between what law schools teach and what the world expects. Legal education ignores leadership, sending the next generation of legally-minded leaders into a dynamic world dangerously unprepared.

Dangerous Leaders exposes the risks and results of leaving lawyers unprepared to lead. It provides law schools, law students, and the legal profession with the leadership tools and models to build a better foundation of leadership acumen. Anthony C. Thompson draws from his fifteen years of experience in global executive education for Fortune 100 companies and his experience as a law professor to chart a path forward for better leadership instruction within the legal academy. Using vivid, real-life case studies, Thompson explores catastrophic political, business, and legal failures that have occurred precisely because of a lapse in leadership from those with legal training. He maintains that these practices are chronic leadership failures that could have been avoided. In examining these patterns of failures, it becomes apparent that legal education has fundamentally misread its task.

Thompson proposes a fundamental rethinking of legal education, based upon intersectional leadership, to prepare lawyers to assume the types of roles that our increasingly fast-paced world requires. Intersectional leadership challenges lawyer leaders to see the world through a different lens and expects a form of inclusion and respect for other perspectives and experiences that will prove critical to maneuvering in a complex environment. Dangerous Leaders imparts invaluable tools and lessons to best equip current and future generations of legal leaders.

Around the Web

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

McCrudden, “Litigating Religions”

If it seems that the conflict between “religion” (at least understood in a certain way) andMcCrudden “human rights” (also understood in a certain way) has been heating up for a while (Mark, among others, has written about rival concepts of “dignity” in these areas), here is a new book that vindicates that view, explores the conflict, and proposes to mitigate it (at least a little). Litigating Religions: An Essay on Human Rights, Courts, and Beliefs (OUP) by the noted human rights scholar Christopher McCrudden.

Religions are a problem for human rights, and human rights are a problem for religions. And both are problems for courts. This book presents an interpretation of how religion and human rights interrelate in the legal context, and how this relationship might be reconceived to make this relationship somewhat less fraught.

Litigating Religions, an essay adapted by Christopher McCrudden from the Alberico Gentili Lectures given at the University of Macerata, Italy, examines how the resurgent role of religion in public life gives rise to tensions with key aspects of human rights, in particular freedom of religion and anti-discrimination law, and how these tensions cannot be considered as simply transitional.

The context for the discussion is the increasingly troubled area of human rights litigation involving religious arguments, such as wearing religious dress at work, conscientious objections by marriage registrars, admission of children to religious schools, prohibitions on same-sex marriage, and access to abortion. Christopher McCrudden argues that, if we wish to establish a better dialogue between the contending views, we must address a set of recurring problems identifiable in such litigation. To address these problems requires changes both in human rights theory and in religious understandings.

Morton, “The Field of Blood”

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Here is a new book by historian Nicholas Morton (Nottingham Trent University), whose work we have noted before, that shows that the city of Aleppo in Syria has been the scene of great carnage before now: The Field of Blood: The Battle for Aleppo and the Remaking of the Medieval Middle East. Aleppo has survived disaster in the past, and will no doubt survive again. The publisher is Basic Books; here is a description from the website:

A history of the 1119 Battle of the Field of Blood, which decisively halted the momentum gained during the First Crusade and decided the fate of the Crusader states

In 1119, the people of the Near East came together in an epic clash of horses, swords, sand, and blood that would decide the fate of the city of the Aleppo–and the eastern Crusader states. Fought between tribal Turkish warriors on steppe ponies, Arab foot soldiers, Armenian bowmen, and European knights, the battlefield was the amphitheater into which the people of the Near East poured their full gladiatorial might. Carrying a piece of the true cross before them, the Frankish army advanced, anticipating a victory that would secure their dominance over the entire region. But the famed Frankish cavalry charge failed them, and the well-arranged battlefield dissolved into a melee. Surrounded by enemy forces, the crusaders suffered a colossal defeat. With their advance in Northern Syria stalled, the momentum of the crusader conquest began to evaporate, and would never be recovered.

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Rubin, “America, Aristotle, and the Politics of a Middle Class”

6065I’ve been re-reading Tocqueville for a writing project, and have been struck once again by the crucial role he sees for religion in the American character. Tocqueville saw religion as providing a necessary restraint in a liberal republic. “At the same time that the law permits the American people to do everything,” he observed, “religion prevents them from conceiving everything and forbids them to dare everything.” Religion inculcated humility, without which Americans might easily fall into prideful excess.

I thought of all this when I read the announcement of a very interesting-looking new book from Baylor University Press, American, Aristotle, and the Politics of a Middle Class, by the late scholar Leslie Rubin. Rubin argues that the America of the founding era manifested the virtues of modesty and moderation necessary for Aristotle’s vision of the best politics. I have to think the sober Protestantism of the founding era had much to do with it. Here is the description of the book from the publisher:

Aristotle’s political imagination capitalizes on the virtues of a middle-class republic. America’s experiment in republican liberty bears striking similarities to Aristotle’s best political regime—especially at the point of the middling class and its public role. Author Leslie Rubin, by holding America up to the mirror of Aristotle, explores these correspondences and their many implications for contemporary political life.

Rubin begins with the Politics, in which Aristotle asserts the best political regime maintains stability by balancing oligarchic and democratic tendencies, and by treating free and relatively equal people as capable of a good life within a law-governed community that practices modest virtues.

The second part of the book focuses upon America, showing how its founding opinion leaders prioritized the virtues of the middle in myriad ways. Rubin uncovers a surprising range of evidence, from moderate property holding by a large majority of the populace to citizen experience of both ruling and being ruled. She singles out the importance of the respect for the middle-class virtues of industriousness, sobriety, frugality, honesty, public spirit, and reasonable compromise. Rubin also highlights the educational institutions that foster the middle class—public education affords literacy, numeracy, and job skills, while civic education provides the history and principles of the nation as well as the rights and duties of all its citizens.

Wise voices from the past, both of ancient Greece and postcolonial America, commend the middle class. The erosion of a middle class and the descent of political debate into polarized hysteria threaten a democratic republic. If the rule of the people is not to fall into demagoguery, then the body politic must remind itself of the requirements—both political and personal—of free, stable, and fair political life.

Pitts, “Boundaries of the International”

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One of the many enjoyable nuggets in Patrick Deneen’s new book on liberalism is this one: John Stuart Mill, that great exponent of tolerance, argued that the West should impose liberalism on “‘uncivilized’ peoples in order that they might lead productive economic lives, even if they must be “for a while compelled to it,’ including through the institution of ‘personal slavery.'” By contrast, the Christian conservative Edmund Burke insisted, at an earlier moment in imperialist history, that colonial powers should allow local, non-European religious cultures to continue–as in India, for example. The difference is worth remembering, when people tell you how liberalism inherently promotes neutrality, and conservatism, bigotry. Things are a lot more complicated.

I thought about all this while reading the announcement for a new book from Harvard University Press, Boundaries of the International: Law and Empire, by University of Chicago political scientist Jennifer Pitts, which discusses both Mill and Burke. Looks interesting. Here’s the description from the Harvard website:

It is commonly believed that international law originated in relations among European states that respected one another as free and equal. In fact, as Jennifer Pitts shows, international law was forged at least as much through Europeans’ domineering relations with non-European states and empires, leaving a legacy still visible in the unequal structures of today’s international order.

Pitts focuses on the eighteenth and nineteenth centuries, the great age of imperial expansion, as European intellectuals and administrators worked to establish and justify laws to govern emerging relationships with non-Europeans. Relying on military and commercial dominance, European powers dictated their own terms on the basis of their own norms and interests. Despite claims that the law of nations was a universal system rooted in the values of equality and reciprocity, the laws that came to govern the world were parochial and deeply entangled in imperialism. Legal authorities, including Emer de Vattel, John Westlake, and Henry Wheaton, were key figures in these developments. But ordinary diplomats, colonial administrators, and journalists played their part too, as did some of the greatest political thinkers of the time, among them Montesquieu and John Stuart Mill.

Against this growing consensus, however, dissident voices as prominent as Edmund Burke insisted that European states had extensive legal obligations abroad that ought not to be ignored. These critics, Pitts shows, provide valuable resources for scrutiny of the political, economic, and legal inequalities that continue to afflict global affairs.

Swedberg, “Tocqueville’s Political Economy”

9780691178011“Heaven in the other world and well-being and freedom in this one”: that’s how Tocqueville described the sum of human desires in Democracy in America. It fascinated him that Americans seemed to combine effortlessly a restless quest for wealth and rock-solid Christian conviction, that they could be at once a commercial and a pious people. Christianity, he thought, operated as a salutary restraint on Americans’ economic drive, if only fitfully.

Princeton University Press has just released a new book that explores Tocqueville’s economic thought, Tocqueville’s Political Economy, by Cornell University sociologist Richard Swedberg. The publisher’s description follows:

 Alexis de Tocqueville (1805-59) has long been recognized as a major political and social thinker as well as historian, but his writings also contain a wealth of little-known insights into economic life and its connection to the rest of society. In Tocqueville’s Political Economy, Richard Swedberg shows that Tocqueville had a highly original and suggestive approach to economics–one that still has much to teach us today.

Through careful readings of Tocqueville’s two major books and many of his other writings, Swedberg lays bare Tocqueville’s ingenious way of thinking about major economic phenomena. At the center of Democracy in America, Tocqueville produced a magnificent analysis of the emerging entrepreneurial economy that he found during his 1831-32 visit to the United States. More than two decades later, in The Old Regime and the Revolution, Tocqueville made the complementary argument that it was France’s blocked economy and society that led to the Revolution of 1789. In between the publication of these great works, Tocqueville also produced many lesser-known writings on such topics as property, consumption, and moral factors in economic life. When examined together, Swedberg argues, these books and other writings constitute an interesting alternative model of economic thinking, as well as a major contribution to political economy that deserves a place in contemporary discussions about the social effects of economics.

Around the Web

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