Around the Web

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

Movsesian at Princeton This Weekend

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Just an FYI that I’ll be appearing at Princeton this weekend at the annual Madison Program conference, the theme of which this year is, “Taking the Measure of Where We Are Today.” I’ll be speaking on the panel, “Religious Freedom at Home and Abroad,” on Friday afternoon at 1:30, along with John DiIulio, Jr., Michael Stokes Paulsen, and Katrina Lantos Swett. Readers of the blog, stop by and say hello!

Stanley, “The Global Diffusion of Evangelicalism”

3890Global Evangelicalism did not begin after the Second World War. The First Great Awakening in colonial America was a transatlantic phenomenon–George Whitefield was English, after all–and people whom we would today call Evangelical missionaries worked diligently in Asia in the 19th century. But it’s fair to say that global Evangelicalism increased in the second half of the 20th century, if only because globalization generally became a more important phenomenon in so many aspects of life. A new book from InterVarsity Press, The Global Diffusion of Evangelicalism: The Age of Billy Graham and John Stott, by University of Edinburgh professor Brian Stanley, explores the recent history. Here’s a description from the publisher’s website:

Evangelical Christianity underwent extraordinary expansion—geographically, culturally and theologically—in the second half of the twentieth century. How and why did it spread and change so much? How did its strategic responses to a rapidly changing world affect its diffusion, for better or for worse?

This volume in the History of Evangelicalism series offers an authoritative survey of worldwide evangelicalism following the Second World War. It discusses the globalization of movements of mission, evangelism and revival, paying particular attention to the charismatic and neo-Pentecostal movements. The trends in evangelical biblical scholarship, preaching and apologetics were no less significant, including the discipline of hermeneutics in key issues. Extended treatment is given to the part played by southern-hemisphere Christianity in broadening evangelical understandings of mission.

While the role of familiar leaders such as Billy Graham, John Stott, Carl Henry, Martyn Lloyd-Jones and Festo Kivengere receives full coverage, space is also given to lesser-known figures, such as Edward Carnell, Agnes Sanford, Orlando Costas, John Gatu and John Laird. The final chapter considers whether evangelical expansion has been at the price of theological coherence and stability, and discusses the phenomenon of “postevangelicalism.”

Painting a comprehensive picture of evangelicalism’s development as well as narrating stories of influential individuals, events and organizations, The Global Diffusion of Evangelicalism is a stimulating and informative contribution to a valuable series.

Abrams, “The Soul of the First Amendment”

ccfdf983649ff2027e0abb1ddf4ffcdfIf you want to know about the law of religious freedom in the United States today, you have to know about free-speech doctrine as well: Many religious-freedom cases, including Masterpiece Cakeshop, which is currently before the Court, involve free speech as well as free exercise claims. And, in a development no one predicted a generation ago, free speech has gone from being a concern of the Left to a concern of the Right. Today, on campuses and increasingly in public life more broadly, it’s typically conservatives who insist on the right to speak, as against progressives who see free speech as a vehicle for oppression. These matters are no doubt discussed in a new book by Floyd Abrams, The Soul of the First Amendment, released last month by Yale University Press. I think of Abrams both as a progressive and a free-speech absolutist, which makes him a bit of an anomaly nowadays, and his views on today’s controversies will be very interesting. Here’s the description from the Yale website:

A lively and controversial overview by the nation’s most celebrated First Amendment lawyer of the unique protections for freedom of speech in America

The right of Americans to voice their beliefs without government approval or oversight is protected under what may well be the most honored and least understood addendum to the US Constitution—the First Amendment. Floyd Abrams, a noted lawyer and award-winning legal scholar specializing in First Amendment issues, examines the degree to which American law protects free speech more often, more intensely, and more controversially than is the case anywhere else in the world, including democratic nations such as Canada and England. In this lively, powerful, and provocative work, the author addresses legal issues from the adoption of the Bill of Rights through recent cases such as Citizens United. He also examines the repeated conflicts between claims of free speech and those of national security occasioned by the publication of classified material such as was contained in the Pentagon Papers and was made public by WikiLeaks and Edward Snowden.

 

Around the Web

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

Perry, “Bible Culture and Authority in the Early United States”

9780691179131For most of our history, America has been a Biblical nation. I don’t mean that statement to be polemical. It’s simply a fact that, for hundreds of years, Americans had a deep familiarity with the Christian Bible and would routinely and unselfconsciously refer to it in their communal life, including their political life. Certainly this was the case at the start of our history. A new, interesting-looking book from Princeton University Press, Bible Culture and Authority in the Early United States, by Princeton religion professor Seth Perry, explores the early history. Perry’s basic point seems to be that the Bible’s meaning–I assume he means the meaning the speaker was trying to convey, rather than the true meaning of the text–shifted depending on who was citing it, and for what purpose. Well, the Devil can cite Scripture. Here’s the description from the publisher’s website:

Early Americans claimed that they looked to “the Bible alone” for authority, but the Bible was never, ever alone. Bible Culture and Authority in the Early United States is a wide-ranging exploration of the place of the Christian Bible in America in the decades after the Revolution. Attending to both theoretical concerns about the nature of scriptures and to the precise historical circumstances of a formative period in American history, Seth Perry argues that the Bible was not a “source” of authority in early America, as is often said, but rather a site of authority: a cultural space for editors, commentators, publishers, preachers, and readers to cultivate authoritative relationships.

While paying careful attention to early national bibles as material objects, Perry shows that “the Bible” is both a text and a set of relationships sustained by a universe of cultural practices and assumptions. Moreover, he demonstrates that Bible culture underwent rapid and fundamental changes in the early nineteenth century as a result of developments in technology, politics, and religious life. At the heart of the book are typical Bible readers, otherwise unknown today, and better-known figures such as Zilpha Elaw, Joseph Smith, Denmark Vesey, and Ellen White, a group that includes men and women, enslaved and free, Baptists, Catholics, Episcopalians, Methodists, Mormons, Presbyterians, and Quakers. What they shared were practices of biblical citation in writing, speech, and the performance of their daily lives. While such citation contributed to the Bible’s authority, it also meant that the meaning of the Bible constantly evolved as Americans applied it to new circumstances and identities.

“The Dangerous God” (Erdozain, ed.)

7706Lately, religious freedom has become a matter of intense debate in the United States. The easy assumption that has existed throughout most of American history, that religion is a good thing that benefits society as a whole, is no longer so widely accepted. And so believers increasingly must justify the protection of religious associations to skeptical fellow citizens.

One key argument is that religious associations provide a necessary check on totalitarianism. Religious associations offer competing sources of loyalty and identity that prevent the state from arrogating too much power, and that allow citizens, through joint action, to resist tyranny. We tend to forget how much religion, and particularly Christianity, figured in the downfall of Communism. That was certainly true in places like Poland, but it was also true, though to a lesser extent, in the Soviet Union itself. A recent book from the Northern Illinois University Press, The Dangerous God: Christianity and the Soviet Experimentdescribes the role of Christianity in the culture of dissidents in the Soviet Union. The editor is Dominic Erdozain (King’s College London). Here is the publisher’s description:

At the heart of the Soviet experiment was a belief in the impermanence of the human spirit: souls could be engineered; conscience could be destroyed. The project was, in many ways, chillingly successful. But the ultimate failure of a totalitarian regime to fulfill its ambitions for social and spiritual mastery had roots deeper than the deficiencies of the Soviet leadership or the chaos of a “command” economy. Beneath the rhetoric of scientific communism was a culture of intellectual and cultural dissidence, which may be regarded as the “prehistory of perestroika.” This volume explores the contribution of Christian thought and belief to this culture of dissent and survival, showing how religious and secular streams of resistance joined in an unexpected and powerful partnership.

The essays in The Dangerous God seek to shed light on the dynamic and subversive capacities of religious faith in a context of brutal oppression, while acknowledging the often-collusive relationship between clerical elites and the Soviet authorities. Against the Marxist notion of the “ideological” function of religion, the authors set the example of people for whom faith was more than an opiate; against an enduring mythology of secularization, they propose the centrality of religious faith in the intellectual, political, and cultural life of the late modern era. This volume will appeal to specialists on religion in Soviet history as well as those interested in the history of religion under totalitarian regimes.

Congratulations to Board Members Vyskocil & Sullivan

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L-R: Center Director Mark Movsesian, Mary Kay Vyskocil ’83, Richard Sullivan

 

We received the great news today that Board member Mary Kay Vyskocil ’83 has been nominated to serve on the US District Court for the Southern District of New York. Mary Kay, who is currently a federal bankruptcy judge, joins another Board member on the nominations list–Judge Richard Sullivan, currently on the SDNY, who earlier this year was nominated for spot on the US Court of Appeals for the Second Circuit. We’re delighted, and proud, of both of them, and wish them the best for the confirmation process!

 

Smith, “Pagans and Christians in the City”

It’s a special pleasure to note this new book of our friend, Steven D. Smith: Pagans and Christians in the City: Culture Wars from the Tiber to the Potomac (Eerdmans), available Steve Smiththis fall. I enjoyed reading a draft of this work very much. It focuses in the first half on some of the ways in which Christianity and Imperial Rome beginning in roughly the Antonine dynasty were fundamentally incompatible, leading to the persecution of Christians within the context of an otherwise ostensibly irenic “pax Romana.” But there is a great deal of interest in this book, including provocative and insightful comparisons between the situation of the Roman imperial period to our own contests between law and religion today. Congratulations, Steve!

Traditionalist Christians who oppose same-sex marriage and other cultural developments in the US wonder why they are being forced to bracket their beliefs in order to participate in public life. This situation is not new, says Steven D. Smith: Christians two thousand years ago in the Roman Empire faced similar challenges and questions.

Starting with T. S. Eliot’s claim that the future of the West would be determined by a contest between Christianity and “modern paganism,” Smith argues in Pagans and Christians in the City that today’s culture wars can be seen as a contemporary reprise of the basic antagonism that pitted pagans against Christians in the late Roman Empire. He looks at that historical conflict and explores how the same competing orientations continue to clash today. Readers on both sides of the culture wars, Smith shows, have much to learn from seeing how patterns from ancient history are reemerging in today’s most controversial issues.

Baker, “The Reinvention of Magna Carta: 1216-1616”

When Magna Carta passed its 800th anniversary a few years ago, it was clear that its legacy was hotly contested by those who could be called the “celebrators” as against the “debunkers.” The celebrators note the importance of the document as the progenitor of the idea of limited government and the rule of law (including and especially in England and the United States), while the debunkers counter that Magna Carta’s image today is largely the product of nostalgic myth-making (see this op-ed piece, for example).

Here is the paperback edition (the more affordable edition!) of a book that sheds new Magna Cartalight on the uses of Magna Carta in the 400 years following its creation: The Reinvention of Magna Carta: 1216-1616 (CUP) by Sir John Baker.

This new account of the influence of Magna Carta on the development of English public law is based largely on unpublished manuscripts. The story was discontinuous. Between the fourteenth and sixteenth centuries the charter was practically a spent force. Late-medieval law lectures gave no hint of its later importance, and even in the 1550s a commentary on Magna Carta by William Fleetwood was still cast in the late-medieval mould. Constitutional issues rarely surfaced in the courts. But a new impetus was given to chapter 29 in 1581 by the ‘Puritan’ barrister Robert Snagge, and by the speeches and tracts of his colleagues, and by 1587 it was being exploited by lawyers in a variety of contexts. Edward Coke seized on the new learning at once. He made extensive claims for chapter 29 while at the bar, linking it with habeas corpus, and then as a judge (1606–16) he deployed it with effect in challenging encroachments on the common law. The book ends in 1616 with the lectures of Francis Ashley, summarising the new learning, and (a few weeks later) Coke’s dismissal for defending too vigorously the liberty of the subject under the common law.