Around the Web

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

A New Reagan Biography

9781640120037 (1)To start this week’s books, here is a new biography of Ronald Reagan from the University of Nebraska Press, Ronald Reagan: An Intellectual Biography, by David Byrne (California Baptist University). The book highlights the role that Christianity played in Reagan’s worldview, particularly, the author says, the Christian concept of “a universal kingdom of God.” This puzzles me: Christianity and universalism don’t really go together. I wonder if what the author means is the American tendency, which Tocqueville recognized, to downplay religious difference in the name of equality. The “Kingdom of Freedom” the author describes, in other words, might be a bit more American than Christian. But then, again to cite Tocqueville, Americans have always conflated Christianity and liberty. Readers can judge for themselves. Here’s the description of the book from the publisher’s website:

In this ambitious work David T. Byrne analyzes the ideas that informed Ronald Reagan’s political philosophy and policies. Rather than appraising Reagan’s personal and emotional life, Byrne’s intellectual biography goes one step further; it establishes a rationale for the former president’s motives, discussing how thinkers such as Plato and Adam Smith influenced him. Byrne points to three historical forces that shaped Reagan’s political philosophy: Christian values, particularly the concept of a universal kingdom of God; America’s firm belief in freedom as the greatest political value and its aversion to strong centralized government; and the appeasement era of World War II, which stimulated Reagan’s aggressive and confrontational foreign policy.

Byrne’s account of the fortieth president augments previous work on Reagan with a new model for understanding him. Byrne shows how Reagan took conservatism and the Republican Party in a new direction, departing from the traditional conservatism of Edmund Burke and Russell Kirk. His desire to spread a “Kingdom of Freedom” both at home and abroad changed America’s political landscape forever and inspired a new conservatism that persists to this day.

Biskupic, “The Chief”

Here’s a new one that is not stricu sensu about religion, though of course it concerns law and religion inasmuch as many of the most controversial areas taken up by the Court involve law and religion questions, whether they are about abortion, disestablishment, free exercise, free speech, the rights of sexual freedom, and many others. Biskupic sets up a tension between promoting a “conservative agenda” and “protect[ing] the Court’s…place in history.” Well, that’s one way to say it. Some of us have been suggesting, albeit from a somewhat different perspective, for some time that the Chief Justice may sense himself to be “conflicted” in this way.

The book is The Chief: The Life and Turbulent Times of Chief Justice John Roberts (Basic Books), by the journalist Joan Biskupic.

“John Roberts was named to the Supreme Court in 2005 claiming he would act as a neutral umpire in deciding cases. His critics argue he has been anything but, pointing to his conservative victories on voting rights and campaign finance. Yet he broke from orthodoxy in his decision to preserve Obamacare. How are we to understand the motives of the most powerful judge in the land?

In The Chief, award-winning journalist Joan Biskupic contends that Roberts is torn between two, often divergent, priorities: to carry out a conservative agenda, and to protect the Court’s image and his place in history. Biskupic shows how Roberts’s dual commitments have fostered distrust among his colleagues, with major consequences for the law. Trenchant and authoritative, The Chief reveals the making of a justice and the drama on this nation’s highest court.”

Around the Web

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

Lacorne, “The Limits of Tolerance”

From the prominent French political theorist (and author of a political history of religion in America) Denis Lacorne comes this new book of intellectual history: The Limits of Tolerance: Enlightenment Values and Religious Fanaticism (Columbia University Press). Lacorne’s thesis seems to be the rather familiar one that tolerance is a distinctively 17th and 18th century idea emergent in the views of such people as Locke and Voltaire (Locke is perhaps a more familiar source on this score than Voltaire, whose writing about toleration is rather more uneven in its commitment). There also seems to be a very practical and how-to side of the book, as the description suggests, applying Enlightenment wisdom to contemporary problems. It would be interesting to put Lacorne in conversation with Robert Wilken, whose recent book on a similar theme offers a very different view.

“The modern notion of tolerance—the welcoming of diversity as a force for the common good—emerged in the Enlightenment in the wake of centuries of religious wars. First elaborated by philosophers such as John Locke and Voltaire, religious tolerance gradually gained ground in Europe and North America. But with the resurgence of fanaticism and terrorism, religious tolerance is increasingly being challenged by frightened publics.

In this book, Denis Lacorne traces the emergence of the modern notion of religious tolerance in order to rethink how we should respond to its contemporary tensions. In a wide-ranging argument that spans the Ottoman Empire, the Venetian republic, and recent controversies such as France’s burqa ban and the white-supremacist rally in Charlottesville, The Limits of Tolerance probes crucial questions: Should we impose limits on freedom of expression in the name of human dignity or decency? Should we accept religious symbols in the public square? Can we tolerate the intolerant? While acknowledging that tolerance can never be entirely without limits, Lacorne defends the Enlightenment concept against recent attempts to circumscribe it, arguing that without it a pluralistic society cannot survive. Awarded the Prix Montyon by the Académie Française, The Limits of Tolerance is a powerful reflection on twenty-first-century democracy’s most fundamental challenges.”

Forsyth, “Common Law and Natural Law in America”

This one is a necessity. The tension between what could be called–very roughly and impressionistically–the “natural law” and “common law” orientations to law is a perennial source of interest. Should we think of law as derived from and guided by certain unchanging moral truths? Or should we instead think of it as a body of wisdom that accretes over time? Principle or experience? Universal or local? Of course both general views about law have played central roles in the history of Anglo-American legal thought.

Here is what looks like a very interesting new study of these age-old questions: Common Law and Natural Law in America: From the Puritans to the Legal Realists (Cambridge University Press), by Andrew Forsyth.

“Speaking to today’s flourishing conversations on both law, morality, and religion, and the religious foundations of law, politics, and society, Common Law and Natural Law in America is an ambitious four-hundred-year narrative and fresh re-assessment of the varied American interactions of ‘common law’, the stuff of courtrooms, and ‘natural law’, a law built on human reason, nature, and the mind or will of God. It offers a counter-narrative to the dominant story of common law and natural law by drawing widely from theological and philosophical accounts of natural law, as well as primary and secondary work in legal and intellectual history. With consequences for today’s natural-law proponents and critics alike, it explores the thought of the Puritans, Revolutionary Americans, and seminal legal figures including William Blackstone, Joseph Story, Christopher Columbus Langdell, Oliver Wendell Holmes, and the legal realists.”

Johnson, “This is Our Message”

Here is a new study of powerful female voices of conservative Christianity in the pre- and post-Reagan period. The book is This is Our Message: Women’s Leadership in the New Christian Right (Oxford University Press) by Emily S. Johnson. The publisher tells us that the book adopts an “evenhanded and respectful tone” as to its subject. That’s a very positive quality, of course. For any serious scholarly study.

“Over the past 50 years, the architects of the religious right have become household names: Jerry Falwell, Pat Robertson, James Dobson. They have used their massively influential platforms to build the profiles of evangelical politicians like Mike Huckabee, Rick Perry, and Ted Cruz. Now, a new generation of leaders like Jerry Falwell Jr. and Robert Jeffress enjoys unprecedented access to the Trump White House.

What all these leaders share, besides their faith, is their gender. Men dominate the standard narrative of the rise of the religious right. Yet during the 1970s and 1980s nationally prominent evangelical women played essential roles in shaping the priorities of the movement and mobilizing its supporters. In particular, they helped to formulate, articulate, and defend the traditionalist politics of gender and family that in turn made it easy to downplay the importance of their leadership roles. In This Is Our Message, Emily Johnson begins by examining the lives and work of four well-known women-evangelical marriage advice author Marabel Morgan, singer and anti-gay-rights activist Anita Bryant, author and political lobbyist Beverly LaHaye, and televangelist Tammy Faye Bakker. The book explores their impact on the rise of the New Christian Right and on the development of the evangelical subculture, which is a key channel for injecting conservative political ideas into purportedly apolitical spaces. Johnson then highlights the ongoing significance of this history through an analysis of Sarah Palin’s vice presidential candidacy in 2008 and Michele Bachmann’s presidential bid in 2012. These campaigns were made possible by the legacies of an earlier generation of conservative evangelical women who continue to impact our national conversations about gender, family, and sex.”

Around the Web

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

Franks, “The Cult of the Constitution: Our Deadly Devotion to Guns and Free Speech”

Over the last several months at the Forum, I have been noticing lots of new scholarship that demonstrates considerable hostility toward free speech rights, or at least free speech rights in the way that these have developed and been protected for what many authors think is the last 30 years or so (but what is more accurately described, in my own view, as the past 100 years or so) in American law and politics. For a few book examples, see here, here, here, here, here, here, and here. For the gathering swell of articles in the legal academy making similar claims about both free speech and religious freedom, see my paper discussing these developments. All of this deserves a new tag: First Amendment Constriction.

Here is another new book in this blossoming genre, this one more aggressive and vigorous in its claims than some of the others: The Cult of the Constitution: Our Deadly Devotion to Guns and Free Speech (Stanford University Press), by law professor Mary Anne Franks. Notice, incidentally, the deprecating allusion to religion in the title and in the description below in the repeated references to “fundamentalism,” signaling the sort of commitment that one makes in an unreasoned or amaurotic way (this move may be seen in other recent scholarship as well).

“In this controversial and provocative book, Mary Anne Franks examines the thin line between constitutional fidelity and constitutional fundamentalism. The Cult of the Constitution reveals how deep fundamentalist strains in both conservative and liberal American thought keeps the Constitution in the service of white male supremacy.

Constitutional fundamentalists read the Constitution selectively and self-servingly. Fundamentalist interpretations of the Constitution elevate certain constitutional rights above all others, benefit the most powerful members of society, and undermine the integrity of the document as a whole. The conservative fetish for the Second Amendment (enforced by groups such as the NRA) provides an obvious example of constitutional fundamentalism; the liberal fetish for the First Amendment (enforced by groups such as the ACLU) is less obvious but no less influential. Economic and civil libertarianism have increasingly merged to produce a deregulatory, “free-market” approach to constitutional rights that achieves fullest expression in the idealization of the Internet. The worship of guns, speech, and the Internet in the name of the Constitution has blurred the boundaries between conduct and speech and between veneration and violence.

But the Constitution itself contains the antidote to fundamentalism. The Cult of the Constitution lays bare the dark, antidemocratic consequences of constitutional fundamentalism and urges readers to take the Constitution seriously, not selectively.”

A New Introduction to Jewish Law

9781108421973I recently had a discussion with a student in my comparative law class who had studied Jewish law at a yeshiva. To study Jewish law, this student told me, is to enter a conversation that has been going on for millennia. One has to approach the conversation with humility, with respect for the participants — some of whom have been dead for centuries — who have been at this for a lot longer than you. It’s a nice description. To close out the week’s books, here is a forthcoming work from Cambridge University Press on Jewish Law, An Introduction to Jewish Law, by comparativist Fancois-Xavier Licari (University of Lorraine). The publisher’s description follows:

Jewish law is a singular legal system that has been evolving for generations. Often conflated with Biblical law or Israeli law, Jewish law needs to be studied in its own right. An Introduction to Jewish Law expounds the general structure of Jewish law and presents the cardinal principles of this religious legal system. An introduction to modern Jewish law as it applies to the daily life of Jews around the world, this volume presents Jewish law in a way that answers all the questions that a student of comparative law would ask when encountering an unfamiliar legal system. Sources of Jewish law such as revelation, rabbinical and communal legislation, judicial decisions, and legal reasoning are defined and analyzed, and the authority of who decides what Jewish law is and why their decisions are binding is investigated.