Around the Web

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

Just How Secular is Britain?

Here is what looks like a worthwhile empirical study of the condition of religion in Britain over a period of about 60 years preceding the second World War: Periodizing Secularization: Religious Allegiance and Attendance in Britain, 1860-1945 (Oxford University Press), by Clive D. Field.

“Moving beyond the (now somewhat tired) debates about secularization as paradigm, theory, or master narrative, Periodizing Secularization focuses upon the empirical evidence for secularization, viewed in its descriptive sense as the waning social influence of religion, in Britain. Particular emphasis is attached to the two key performance indicators of religious allegiance and churchgoing, each subsuming several sub-indicators, between 1880 and 1945, including the first substantive account of secularization during the fin de siecle. A wide range of primary sources is deployed, many of them relatively or entirely unknown, and with due regard to their methodological and interpretative challenges. On the back of them, a cross-cutting statistical measure of ‘active church adherence’ is devised, which clearly shows how secularization has been a reality and a gradual, not revolutionary, process. The most likely causes of secularization were an incremental demise of a Sabbatarian culture (coupled with the associated emergence of new leisure opportunities and transport links) and of religious socialization (in the church, at home, and in the school). The analysis is also extended backwards, to include a summary of developments during the eighteenth and early nineteenth centuries; and laterally, to incorporate a preliminary evaluation of a six-dimensional model of ‘diffusive religion’, demonstrating that these alternative performance indicators have hitherto failed to prove that secularization has not occurred. The book is designed as a prequel to the author’s previous volumes on the chronology of British secularization – Britain’s Last Religious Revival? (2015) and Secularization in the Long 1960s (2017). Together, they offer a holistic picture of religious transformation in Britain during the key secularizing century of 1880-1980.”

Event Next Week on International Religious Freedom

Our friend at Cardozo Law, Faraz Sanei, passes along an announcement for an event in new York next week on international religious freedom, “Mapping the Landscape of International Religious Freedom Policy,” sponsored by the Religious Freedom Institute. Speakers include Sanei and Tom Farr, who spoke at our own conference on international religious freedom in Rome in 2014 (time flies). Looks very worthwhile. Details at the link.

Movsesian at The King’s College

While Marc went north to Skidmore, I traveled to lower Manhattan today, to deliver the annual Constitution Day Address at The King’s College. Excellent questions from the students. Thanks for having me!

Lecture at Skidmore College on “The Supreme Court’s New Traditionalism”

I am up in lovely and bucolic Saratoga Springs at Skidmore College to deliver a lecture on “The Supreme Court’s New Traditionalism.” The talk lays out some general views on constitutional theory and then discusses an approach to constitutional interpretation that I have been developing in this paper and another paper forthcoming in short order.

An Interdisciplinary Look at IP and Religion

Congratulations to our friend, Tom Berg, on this very interesting collection of essays on the relationship between intellectual property and patent law, on the one hand, and law and religion on the other. The book is Patents on Life: Religious, Moral, and Social Justice Aspects of Biotechnology and Intellectual Property (Cambridge University Press), edited by Thomas C. Berg, Roman Cholij, and Simon Ravenscroft.

“This volume brings together a unique collection of legal, religious, ethical, and political perspectives to bear on debates concerning biotechnology patents, or ‘patents on life’. The ever-increasing importance of biotechnologies has generated continual questions about how intellectual property law should treat such technologies, especially those raising ethical or social-justice concerns. Even after many years and court decisions, important contested issues remain concerning ownership of and rewards from biotechnology – from human genetic material to genetically engineered plants – and regarding the scope of moral or social-justice limitations on patents or licensing practices. This book explores a range of related issues, including questions concerning morality and patentability, biotechnology and human dignity, and what constitute fair rewards from genetic resources. It features high-level international, interfaith, and cross-disciplinary contributions from experts in law, religion, and ethics, including academics and practitioners, placing religious and secular perspectives into dialogue to examine the full implications of patenting life.”

Around the Web

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

The Yoga Chronicles

Mark has written a few times on this site about contemporary controversies concerning yoga, at one time a distinctively religious practice but today a nearly universal feature of the lucrative secular campaign in quest of “wellness.” Here’s a new book that chronicles yoga’s path: The Story of Yoga: From Ancient India to the Modern West (Oxford University Press), by Alistair Shearer.

“How did an ancient Indian spiritual discipline turn into a $20+ billion-a-year mainstay of the global wellness industry? What happened along yoga’s winding path from the caves and forests of the sages to the gyms, hospitals and village halls of the modern West? 

This comprehensive history sets yoga in its global cultural context for the first time. It leads us on a fascinating journey across the world, from arcane religious rituals and medieval body-magic, through muscular Christianity and the British Raj, to the Indian nationalist movement and the arrival of yoga in the twentieth-century West. We discover how the practice reached its present-day ubiquity and how it became embedded in powerful social currents shaping the world’s future, such as feminism, digital media, celebrity culture, the stress pandemic and the quest for an authentic identity in the face of unprecedented change. 

Shearer’s revealing history boasts a colorful cast of characters past and present, who tell an engaging tale of scholars and scandal, science and spirit, wisdom and waywardness. This is the untold story of yoga, warts and all.”

Center Hosts Conversation on Church and State at SCOTUS

L-R: Marc DeGirolami, Kyle Duncan, Richard Sullivan, Mark Movsesian

Last week, the Center hosted a conversation on church-and-state issues before the US Supreme Court with federal appeals court judges Kyle Duncan (5th Circuit) and Richard Sullivan (2nd Circuit). The two newly-appointed judges discussed legislative prayer; public religious displays; the conflict between anti-discrimination laws and religious freedom; and state aid to religious schools. Here’s a write-up of the event from the Law School webpage.

“It is not the Church that turns into the State…on the contrary, the State turns into the Church”

Just a little fragment for your Tuesday morning from Dostoyevsky’s “The Brothers Karamazov” that sprang to mind when I came across this wonderfully interesting new book: Russian Conservatism (Cornell University Press), by Paul Robinson. (And what an evocative cover!)

“Paul Robinson’s Russian Conservatism examines the history of Russian conservative thought from the beginning of the nineteenth century to the present. As he shows, conservatism has made an underappreciated contribution to Russian national identity, to the ideology of Russian statehood, and to Russia’s social-economic development. Robinson charts the contributions made by philosophers, politicians, and others during the Imperial, Soviet, and post-Soviet periods. Looking at cultural, political, and social-economic conservatism in Russia, he discusses ideas and issues of more than historical interest. Indeed, what Russian Conservatism demonstrates is that such ideas are helpful in interpreting Russia’s present as well as its past and will be influential in shaping Russia’s future, for better or for worse, in the years to come.

For the past two centuries Russian conservatives have sought to adapt to the pressures of modernization and westernization and, more recently, globalization, while preserving national identity and political and social stability. Through Robinson’s research we can now understand how Russian conservatives have continually proposed forms of cultural, political, and economic development seen as building on existing traditions, identity, forms of government, and economic and social life, rather than being imposed on the basis of abstract theory and foreign models.”