Around the Web

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

Center Papers & Activities in 2018

Here is a retrospective list of some of our papers and activities in 2018Pen and Ink, with links where available. A warm word of gratitude to our readers, and best wishes for the new year!

Papers

DeGirolami, On the Uses of Anti-Christian Identity Politics, in “Religious Freedom, LGBT Rights, and the Prospects for Common Ground” (Robin Fretwell Wilson & William Eskridge, eds., 2018).

Movsesian, Markets and Morals: The Limits of Doux Commerce, 9 Wm. & Mary Bus. L. Rev.  449 (2018).

DeGirolami, The Sickness Unto Death of the First Amendment (forthcoming Harvard Journal of Law and Public Policy).

Movsesian, Masterpiece Cakeshop and the Future of Religious Freedom, 42 Harv. J.L. & Pub. Pol’y (forthcoming)

DeGirolami (with Kevin Walsh), Conservatives, Don’t Put Too Much Hope in the Next Justice (New York Times, July).

DeGirolami (with Kevin Walsh), 2018 Supreme Court Roundup: Kennedy’s Last Term (First Things, October).

DeGirolami, The Long Tail of Legal Liberalism (reviewing Patrick Deneen, Why Liberalism Failed (2018)) (Liberty Fund Library of Law and Liberty, February)

Activities

The Tradition Project, Part III: “Tradition and the Global Clash of Values,” Rome, Italy, December.

Legal Spirits (podcast series concerning law and religion).

In spring 2018, Movsesian was a fellow in the James Madison Program in Princeton University’s Department of Politics.

Throughout the year, Movsesian blogged regularly at First Things and Law & Liberty.

Movsesian, Notre Dame Center for Ethics and Culture Annual Conference, Panelist, “A House Divided–Polarization in Our Common Life,” November.

Movsesian, Princeton University, Panelist, “Religious Freedom at Home and Abroad,” Madison Program Annual Conference, May.

Movsesian, Princeton University, Commentator, Conference on Law, Religion, and Complicity, University Center for Human Values, April.

Movsesian, Princeton University, Madison Program Workshop Series, The Future of Religious Freedom.

Movsesian, Colloquium on Religion and Liberalism, First Things Magazine (invited participant).

Movsesian, Columbia Law School, Guest Faculty, “Reading Group in the American Constitutional Tradition.

Movsesian, George Mason University Law School, Center for the Study of the Administrative State, The Future of Religious Freedom, March.

DeGirolami, “Higher Purposes of Free Speech,” Conference, “Higher Powers,” Notre Dame Center for Ethics and Culture, November.

DeGirolami, Constitution Day Discussion, The King’s College, New York (with David Tubbs), September.

DeGirolami, “First Amendment Developments in the Supreme Court’s Recent Cases,” Loyola University Maryland, September.

DeGirolami, “The Sickness Unto Death of the First Amendment,” Center for the Study of the Administrative State, George Mason University School of Law, March.

“The Things That Matter” (Giebel ed.)

To conclude the Christmas week, here is an interesting collection of essays generally Maritain.jpegabout the work of the influential 20th century natural law philosopher, Jacques Maritain. The book is The Things That Matter: Essays Inspired by the Later Work of Jacques Maritain (CUA Press), edited by Heidi Giebel.

In the final year of his long life, eminent Thomist philosopher Jacques Maritain prepared a final book for publication: a collection of previously unpublished writings entitled Approches sans entraves, later translated into English as Untrammeled Approaches. That collection, both in its conversational yet reverent tone and in its weighty topics – faith, love, truth, beauty – gives the reader the sense that she is receiving from a great teacher and friend the most important nuggets of wisdom for the next generation. Throughout the book, Maritain shares with his readers, from his heart as well as his intellect, regarding the things that really matter; that book – and those things – are the primary inspiration for the present volume.

This volume, comprised of original essays by twenty English-speaking Thomists on the occasion of the twentieth anniversary of Untrammeled Approaches’ first English appearance, explores several of Maritain’s still-untrammeled (or at least less-trammeled) themes. While following his unbeaten paths, the contributing authors find and refine hidden treasures at every turn. They develop some of his more speculative ideas regarding the spiritual world – including the last things, the fate of the fallen angels, and a possible angelic role in evolution. They reflect deeply on a few of Maritain’s recurring themes: for example, the nature of beauty and intuition. They analyze the implications – positive and negative – of Maritain’s philosophy of love, marriage, and sexuality. And they consider and apply his arguments regarding appropriate roles and interactions of Church and state. The volume concludes with big-picture reflections on Maritain, his thought, and his enduring relevance.

Tamir, “Why Nationalism”

One of the themes of our most recent Tradition Project conference concerned the relationship between liberalism, populism, and nationalism, respectively, and tradition. And one of the readings for the workshop groups was a piece of Yoram Hazony’s recent book, “The Virtue of Nationalism,” which argues in favor of nationalism from a non-liberal perspective (you can hear more about these issues in this Legal Spirits podcast).

Here is a new book that also considers nationalism’s merits, but from an expressly Left Nationalismliberal progressive perspective, arguing for nationalism’s contributions to and structural support for liberalism. A kind of Left nationalism. The book is Why Nationalism (Princeton University Press), by Yael Tamir.

Around the world today, nationalism is back—and it’s often deeply troubling. Populist politicians exploit nationalism for authoritarian, chauvinistic, racist, and xenophobic purposes, reinforcing the view that it is fundamentally reactionary and antidemocratic. But Yael (Yuli) Tamir makes a passionate argument for a very different kind of nationalism—one that revives its participatory, creative, and egalitarian virtues, answers many of the problems caused by neoliberalism and hyperglobalism, and is essential to democracy at its best. In Why Nationalism, she explains why it is more important than ever for the Left to recognize these qualities of nationalism, to reclaim it from right-wing extremists, and to redirect its power to progressive ends.

Far from being an evil force, nationalism’s power lies in its ability to empower individuals and answer basic human needs. Using it to reproduce cross-class coalitions will ensure that all citizens share essential cultural, political, and economic goods. Shifting emphasis from the global to the national and putting one’s nation first is not a way of advocating national supremacy but of redistributing responsibilities and sharing benefits in a more democratic and just way. In making the case for a liberal and democratic nationalism, Tamir also provides a compelling original account of the ways in which neoliberalism and hyperglobalism have allowed today’s Right to co-opt nationalism for its own purposes.

Provocative and hopeful, Why Nationalism is a timely and essential rethinking of a defining feature of our politics.

Around the Web

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

MacCulloch, “Thomas Cromwell”

Thomas Cromwell is a crucial figure in the destruction of monastic life in England and Cromwellthe overthrow of Roman Catholicism to be replaced by the Church of England. His portrayal in contemporary, popular accounts has changed over the years–from Robert Bolt’s villain to Hilary Mantel’s secular liberal hero. Here is what looks like a very important biography of the man: Thomas Cromwell: A Revolutionary Life (Viking) by Diarmaid MacCulloch. Here’s a little something from a recent review of the book by Richard Rex: “[I]t is the overwhelming importance of religion in this revolution that puts paid to the Elton thesis of the birth of the modern nation-state. [Sir Geoffrey] Elton’s modernity was very much a postwar modernity—meritocratic, technocratic, and above all secularist—and his Cromwell tends to reflect that. His analysis presupposed a division between religion and politics that is normative today, but completely anachronistic for the sixteenth century. One of the key elements of MacCulloch’s achievement is to put religion back where it belongs, at the center of the story.”

Since the sixteenth century we have been fascinated by Henry VIII and the man who stood beside him, guiding him, enriching him, and enduring the king’s insatiable appetites and violent outbursts until Henry ordered his beheading in July 1540. After a decade of sleuthing in the royal archives, Diarmaid MacCulloch has emerged with a tantalizing new understanding of Henry’s mercurial chief minister, the inscrutable and utterly compelling Thomas Cromwell.

History has not been kind to the son of a Putney brewer who became the architect of England’s split with Rome. Where past biographies portrayed him as a scheming operator with blood on his hands, Hilary Mantel reimagined him as a far more sympathetic figure buffered by the whims of his master. So which was he–the villain of history or the victim of her creation? MacCulloch sifted through letters and court records for answers and found Cromwell’s fingerprints on some of the most transformative decisions of Henry’s turbulent reign. But he also found Cromwell the man, an administrative genius, rescuing him from myth and slander.

The real Cromwell was a deeply loving father who took his biggest risks to secure the future of his son, Gregory. He was also a man of faith and a quiet revolutionary. In the end, he could not appease or control the man whose humors were so violent and unpredictable. But he made his mark on England, setting her on the path to religious awakening and indelibly transforming the system of government of the English-speaking world.

Merry Christmas!

An Ave Maria (courtesy of Franz Schubert and the heaven-sent Jessye Norman) for our readers! The lyrics used by Schubert were composed by Sir Walter Scott in his “Hymn to the Virgin” (translated into German). Here is the first verse in the original English:

Ave Maria! maiden mild!
Listen to a maiden’s prayer!
Thou canst hear though from the wild;
Thou canst save amid despair.
Safe may we sleep beneath thy care,
Though banish’d, outcast and reviled –
Maiden! hear a maiden’s prayer;
Mother, hear a suppliant child!
Ave Maria!

McHugo on Sunni and Shia Islam

9781626165861We’re a little late getting to this one, but earlier this year, Georgetown University Press published an interesting looking book on a religious divide that gets insufficient attention from Americans: A Concise History of Sunnis and Shi’is by John McHugo (University of St. Andrews). The Sunni/Shia divide forms the background for many contemporary conflicts in the Mideast, especially between Saudi Arabia and Iran. An understanding of the conflict is thus essential to appreciating the politics of the region. Here’s the description of the new book from the Georgetown website:

The 1,400-year-old schism between Sunnis and Shi’is is currently reflected in the destructive struggle for hegemony between Saudi Arabia and Iran—with no apparent end in sight. But how did this conflict begin, and why is it now the focus of so much attention?

Charting the history of Islam from the death of the Prophet Muhammad to the present day, John McHugo describes the conflicts that raged over the succession to the Prophet, how Sunnism and Shi’ism evolved as different sects during the Abbasid caliphate, and how the rivalry between the Sunni Ottomans and Shi’i Safavids ensured that the split would continue into the modern age. In recent decades, this centuries-old divide has acquired a new toxicity that has resulted in violence across the Arab world and other Muslim countries.

Definitive, insightful, and accessible, A Concise History of Sunnis and Shi’is is an essential guide to understanding the genesis, development, and manipulation of the schism that for far too many people has come to define Islam and the Muslim world

A New Book on Eusebius

9781108474078Lately, law-and-religion scholars have been turning their attention to the Patristic period, during which Christians first began to think in earnest about the relation between church and state. To give just two examples, there’s Steve Smith’s new book on pagans and Christians in the Roman Empire, and Robert Louis Wilken’s forthcoming book on early Christian concepts of religious liberty, which he presented at our Center’s colloquium this past fall. And so it might be a good time for us to reconsider Eusebius, that chronicler of Christianity in its formative centuries. A forthcoming book from Cambridge, Eusebius and Empire: Constructing Church and Rome in the Ecclesiastical History, does just that. The author is historian James Corke-Webster (King’s College London). Cambridge presents the book as a “radical” new treatment, which makes a traditionalist like me a little skeptical, but readers will be able to judge for themselves. Here’s the description from Cambridge’s website:

Eusebius’ Ecclesiastical History, written in the early fourth century, continues to serve as our primary gateway to a crucial three hundred year period: the rise of early Christianity under the Roman Empire. In this volume, James Corke-Webster undertakes the first systematic study considering the History in the light of its fourth-century circumstances as well as its author’s personal history, intellectual commitments, and literary abilities. He argues that the Ecclesiastical History is not simply an attempt to record the past history of Christianity, but a sophisticated mission statement that uses events and individuals from that past to mould a new vision of Christianity tailored to Eusebius’ fourth-century context. He presents elite Graeco-Roman Christians with a picture of their faith that smooths off its rough edges and misrepresents its size, extent, nature, and relationship to Rome. Ultimately, Eusebius suggests that Christianity was – and always had been – the Empire’s natural heir.

Bacevich, “Twilight of the American Century”

9780268104863I think of Andrew Bacevich as a conservative of the old-fashioned, non-interventionist sort. You could forgive me for this, as he writes a column for The American Conservative. But he also has a column in The Nation, which suggests that his writing transcends easy categorization. Bacevich, an emeritus professor of history and international relations at Boston University, has a new collection of essays, Twilight of the American Century, which the University of Notre Dame press released last month. The title suggests that the book will join the ranks of many recent works documenting the decline of American hegemony. Here’s the description from the Notre Dame website:

Andrew Bacevich is a leading American public intellectual, writing in the fields of culture and politics with particular attention to war and America’s role in the world. Twilight of the American Century is a collection of his selected essays written since 9/11. In these essays, Bacevich critically examines the U.S. response to the events of September 2001, as they have played out in the years since, radically affecting the way Americans see themselves and their nation’s place in the world. Bacevich is the author of nearly a dozen books and contributes to a wide variety of publications, including Foreign AffairsThe NationCommonwealHarper’s, and the London Review of Books. His op-eds have appeared in the New York TimesWashington Post, and the Wall Street Journal, among other newspapers. Prior to becoming an academic, he was a professional soldier. His experience as an Army officer informs his abiding concern regarding the misuse of American military power and the shortcomings of the U.S. military system. As a historian, he has tried to see the past differently, thereby making it usable to the present. Bacevich combines the perspective of a scholar with the background of a practitioner. His views defy neat categorization as either liberal or conservative. He belongs to no “school.” His voice and his views are distinctive, provocative, and refreshing. Those with a focus on political and cultural developments and who have a critical interest in America’s role in the world will be keenly interested in this book.