Esolen, “Nostalgia”

41ppx0hK5L._SX329_BO1204203200_-202x306“For here we have no lasting city, but we are looking for the city that is to come.” This verse from Hebrews has strongly influenced Christian understandings of politics from the time of the early Church to the present. The conviction that Christians are, most fundamentally, citizens of another, eternal city has shaped their relations with temporal cities both pagan and Christian. It has comforted them in periods of alienation and checked them in times of triumph.

A forthcoming book by scholar Anthony Esolen (Thomas More College), Nostalgia: Going Home in a Homeless World (Regnerey) addresses Christians’ longing for home–a longing, which, on earth, must always be unfulfilled, however much Christians love their families, communities, and nations. Here is the description from the publisher’s website:

America’s political elite has a stake in the destruction of cultural memory—anything that resists the new management state and the rootless elites. But it is a deeply human thing not only to have a home, which is rare enough in our time, but to long to return home. For Christians, this longing to return home not only makes us defenders of our homes and families here on earth, but also wayfarers, in that we understand we are contantly moving towards our true home, the “patria” that is the presence of God, in eternity.

This Christian nostalgia is the subject of scorn and condescension from secular elites, who are invested in making us forget our loginging to return home. Instead, they would have us join in the silly and inhuman worship of mother earth as our “home” and the more dangerous and destructive worship of change for change’s sake—as if we could make heaven ourselves or work ourselves up into gods.

In Nostalgia, this essential new work by Out of the Ashes author Anthony Esolen, the singularly Christian concept of true nostalgia is examined, defended, and brilliantly celebrated as Esolen reveals the central role nostalgia plays in great works of literature including Shakespeare, Dante, Dickens, and Eliot.

Around the Web

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

Schindler, “Freedom from Reality”

P03373We’re late getting to this, but last year the Notre Dame Press released a new treatment of Locke’s concept of liberty, Freedom from Reality: The Diabolical Character of Modern Liberty, by D.C. Schindler (John Paul II Institute). “Diabolical” makes it sound worse than it is; the author uses the word in the sense of “divisive” and “subversive” rather than “Satanic”–though of course the author may have the latter meaning in mind, too! The book is one of a series of recent works critiquing classical liberalism as paradoxical and, ultimately, the source of its own destruction. It looks like a useful addition to the conversation. Here’s the description from the publisher’s website:

It is commonly observed that behind many of the political and cultural issues that we face today lies an impoverished conception of freedom, which, according to D. C. Schindler, we have inherited from the classical liberal tradition without a sufficient awareness of its implications. Freedom from Reality presents a critique of the deceptive and ultimately self-subverting character of the modern notion of freedom, retrieving an alternative view through a new interpretation of the ancient tradition. While many have critiqued the inadequacy of identifying freedom with arbitrary choice, this book seeks to penetrate to the metaphysical roots of the modern conception by going back, through an etymological study, to the original sense of freedom.

Schindler begins by uncovering a contradiction in John Locke’s seminal account of human freedom. Rather than dismissing it as a mere “academic” problem, Schindler takes this contradiction as a key to understanding the strange paradoxes that abound in the contemporary values and institutions founded on the modern notion of liberty: the very mechanisms that intend to protect modern freedom render it empty and ineffectual. In this respect, modern liberty is “diabolical”—a word that means, at its roots, that which “drives apart” and so subverts. This is contrasted with the “symbolical” (a “joining-together”), which, he suggests, most basically characterizes the premodern sense of reality. This book will appeal to students and scholars of political philosophy (especially political theorists), philosophers in the continental or historical traditions, and cultural critics with a philosophical bent.

Doe, “Comparative Religious Law”

ComparativeOne of our Center’s three primary areas of focus concerns the law of religious traditions, and one of our very first conferences back in 2010 was about “Religious Legal Theory.” It’s certainly a subject that Mark has written about, as in his piece on the role of law in Islam and Christianity. Here is a new volume that looks to be a vital resource for this very interesting corner of law and religion: Comparative Religious Law: Judaism, Christianity, Islam, by Norman Doe (Cambridge University Press).

Comparative Religious Law provides for the first time a study of the regulatory instruments of Jewish, Christian and Muslim religious organisations in Britain in light of their historical religious laws. Norman Doe questions assumptions about the pervasiveness, character and scope of religious laws, from the view that they are not or should not be recognised by civil law, to the idea that there may be a fundamental incompatibility between religious and civil law. It proposes that religious laws pervade society, are recognised by civil law, have both a religious and temporal character, and regulate wide areas of believers’ lives. Subjects include sources of law, faith leaders, governance, worship and education, rites of passage, divorce and children, and religion-State relations. A Charter of ‘the principles of religious law’ common to all three Abrahamic faiths is proposed, to stimulate greater mutual understanding between religion and society and between the three faiths themselves.

CLR at George Mason Next Month

 

csas-logoNext month, Marc and I will among the speakers at “Religion and the Administrative State,” a conference sponsored by the Center for the Study of the Administrative State at George Mason’s Antonin Scalia Law School. The Center’s Director, Adam White, has put together a very interesting set of panels, including the one on which Marc and I will speak, “The Future of the First Amendment.” The conference, scheduled for September 14, will appeal to anyone with an interest in church-state relations. For details, please check the conference announcement, here.

Around the Web

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

Marsden, “Religion & American Culture”

George Marsden is one of several great Evangelical historians of American religion (a group that also includes the likes of Mark Noll and Nathan Hatch) who has made major contributions to the study of Christianity as a historiographically seriously AmericanMarsden phenomenon. Indeed, it strikes me that Noll’s important The Scandal of the Evangelical Mind was written in 1990, and since then the community of serious Evangelical scholars in history and elsewhere has become very rich and interesting. Here is a new book by Marsden, Religion & American Culture: A Brief History (Eerdmans) which looks like it could serve as a useful introduction to his work more broadly.

While Americans still profess to be one of the most religious people in the industrialized world, many aspects of American culture have long been secular and materialistic. That is just one of the many paradoxes, contradictions, and surprises in the relationship between Christianity and American culture. In this book George Marsden, a leading historian of American Christianity and award-winning author, tells the story of that relationship in a concise and thought-provoking way.

Surveying the history of religion and American culture from the days of the earliest European settlers right up through the elections of 2016, Marsden offers the kind of historically and religiously informed scholarship that has made him one of the nation’s most respected and decorated historians. Students in the classroom and history readers of all ages will benefit from engaging with the story Marsden tells.

Callanan, “Montesquieu’s Liberalism and the Problem of Universal Politics”

The contest between globalism and nationalism, seen in so many political contests today Callananhere and abroad, might be understood as one facet of a deeper problem: whether politics–and liberal politics specifically–is a fundamentally universal activity or instead one rooted in cultural and contingent particularities. Here is a very interesting new book by Middlebury College political theorist Keegan Callanan about Montesquieu’s thought, but with clear implications for the way in which we think about universalism and particularism in politics. Professor Callanan’s book is Montesquieu’s Liberalism and the Problem of Universal Politics (CUP).

Dubbed ‘the oracle’ by no less an authority than James Madison, Montesquieu stands as a theoretical founder of the liberal political tradition. But equally central to his project was his account of the relationship of law to each nation’s particular customs and place, a teaching that militates against universal political solutions. This teaching has sometimes been thought to stand in tension with his liberal constitutionalism. In this book, Keegan Callanan argues that Montesquieu’s political particularism and liberalism are complementary and mutually reinforcing parts of a coherent whole. In developing this argument, Callanan considers Montesquieu’s regime pluralism, psychological conception of liberty, approach to political reform, and account of ‘the customs of a free people’, including the complex interaction of religion and commerce. Callanan concludes that, by re-orienting our understanding of liberalism and redirecting our attention toward liberty’s distinctive preconditions, a return to Montesquieu’s political philosophy leaves us better prepared to confront liberal democracy’s contested claim to universality.

Fukuyama, “Identity”

From the well-known author of the deeply influential and not particularly convincing Fukuyama“The End of History and the Last Man” comes this new book about identity and the “demand for recognition” as the key to understanding contemporary politics. Certainly the demand for recognition has fueled many developments in the law, including the recent rise to prominence of dignity-related theories of legal right in constitutional law. The book is Identity: The Demand for Dignity and the Politics of Resentment, by Francis Fukuyama (Farrar, Straus and Giroux), and looks to be in part a self-help book for liberal democracies for coping with this form of politics–another call to “forge” a “universal” notion of “dignity.” For a very different, and, to my mind, much more persuasive account of “dignity” today, see Mark’s recent piece on the subject.

In 2014, Francis Fukuyama wrote that American institutions were in decay, as the state was progressively captured by powerful interest groups. Two years later, his predictions were borne out by the rise to power of a series of political outsiders whose economic nationalism and authoritarian tendencies threatened to destabilize the entire international order. These populist nationalists seek direct charismatic connection to “the people,” who are usually defined in narrow identity terms that offer an irresistible call to an in-group and exclude large parts of the population as a whole.

Demand for recognition of one’s identity is a master concept that unifies much of what is going on in world politics today. The universal recognition on which liberal democracy is based has been increasingly challenged by narrower forms of recognition based on nation, religion, sect, race, ethnicity, or gender, which have resulted in anti-immigrant populism, the upsurge of politicized Islam, the fractious “identity liberalism” of college campuses, and the emergence of white nationalism. Populist nationalism, said to be rooted in economic motivation, actually springs from the demand for recognition and therefore cannot simply be satisfied by economic means. The demand for identity cannot be transcended; we must begin to shape identity in a way that supports rather than undermines democracy.

Identity is an urgent and necessary book—a sharp warning that unless we forge a universal understanding of human dignity, we will doom ourselves to continuing conflict.

Kavanaugh (and Kennedy) on Church and State

Judge_Brett_KavanaughAt the Law and Liberty Blog today, I have an essay on how a Justice Kavanaugh would likely rule in church-state cases. I argue he is likely to look a lot like Justice Kennedy, the person he would replace:

It’s always difficult to predict how a nominee would rule in cases once on the Court. The best evidence is the way he has ruled as a lower court judge—and even that evidence is imperfect, since lower court judges have a greater duty than Supreme Court Justices to follow the Court’s precedents. Although he has been on the DC Circuit for a dozen years, Kavanaugh has written only two opinions on the merits in church-state cases, one on establishment and the other on free exercise. (He has written one opinion dismissing an Establishment Clause challenge on standing grounds and joined a few church-state opinions other judges have written, but those opinions are less probative). On the basis of those two opinions, I think Justice Kavanaugh would likely be a centrist conservative in the middle of the Court—a Justice remarkably like the one he would replace.

You can read the whole essay here.