Legal Spirits 065: Reading CS Lewis in Law School

In this episode, Fordham Law Professors Sean Griffith and Richard Squire join Mattone Center Director Mark Movsesian to talk about their experience leading a discussion of CS Lewis’s Mere Christianity in a student reading group this past semester. Sean and Richard discuss their goals in establishing the group, their students’ response to Lewis–in particular, his defense of natural law and Christian ethics–and the value of taking Christianity seriously as a matter of faith and intellect at a 21st-century American law school. A fascinating and wide-ranging discussion. Listen in!

A New History of the Religion Clauses

From Oxford University Press, here is a new history of the religion clauses, Free Exercise: Religion, the First Amendment, and the Making of America, focusing especially on the social and cultural context at the time of the Framing, and foregrounding the experience of marginalized religious communities like Jews and Catholics, among others. The author is historian Chris Beneke of Bentley University. Oxford’s description follows:

CONGRESS SHALL MAKE NO LAW RESPECTING AN ESTABLISHMENT OF RELIGION, OR PROHIBITING THE FREE EXERCISE THEREOF. Those words, scratched on parchment in 1789, open the U.S. Constitution’s First Amendment. From them, countless interpretations have been drawn. As a consequence, an astonishing variety of activities in modern America-prayer after football games, Bible reading in classrooms, company healthcare policies, the baking of wedding cakes, and Ten Commandment displays around courthouses-have been alternately authorized, prohibited, or modified.

In this compelling historical account, Chris Beneke explains how the religion clauses came into existence and how they were woven into American culture. He brings prominent early national figures to life, including George Washington, James Madison, and Thomas Paine, while chronicling the First Amendment’s relationship to defining social conditions like slavery, civility, family life, and the free market. Beneke probes what kind of nation America was when the religion clauses were framed and what kind of nation it was becoming.

Going beyond traditional church-state scholarship, Beneke also demonstrates how white women, African Americans, Roman Catholics, Jews, and nonbelievers widened religious liberty’s application and illuminated its boundaries. In doing so he makes a groundbreaking contribution to both constitutional history and the history of American pluralism.

The Waldensians and the History of Italian Church-State Relations

The Waldensians are, if one may put it this way, the indigenous Protestants of Italy. Their history goes back centuries and, although their numbers are quite small, they represent a not insignificant part of Italy’s religious culture. A new book from Generis Publishing, Nationalism and Separation of Church and State: Protestant Contributions in Catholic Italy, argues that the group influenced the thought of the 19th Century liberal prime minister, Count Cavour, and thus had an effect on church-state relations during the Risorgimento. The author is Ottavio Palombaro of New College Franklin in Tennessee. Here’s the publisher’s description:

The recent rise of debates concerning Christianity, nationalism and separation of church and state require going back to the roots of such concepts. The advent of modern nationalism meant either the embracement of a positive form of separatism according to the American Revolution, or of a drastic form of separation according to the French Revolution. While the modern state of Italy dealt with the tension between church and state largely through drastic separation, there were some exceptions. Here I intend to investigate what role the Calvinistic understanding of relations between church and state did play through the political involvement of the Waldensians during the movement for Italian independence called Risorgimento (1848-1870). The Calvinistic view of civil government, as stated during that era by the Reformed Pastor Alexandre Vinet, was a determinant factor in the political stand that Waldensian Church took during these times for example through pastors such as Giuseppe Malan or Paolo Geymonat. Their ideas were also reflected beyond the Waldensians in the thought of the first Italian prime minister Camillo Benso conte di Cavour in his formula “free church in a free state.”

A Natural Law Framework for Evangelicals

As readers of this blog know, natural law has re-emerged as an important part of contemporary jurisprudence, especially among Catholic legal scholars. Evangelical scholars have shown interest in the subject, too, as evidenced by this forthcoming book from InterVarsity Press, Hopeful Realism: Evangelical Natural Law and Democratic Politics. The book addresses, from an Evangelical perspective, one of the thorniest practical problems with natural-law reasoning in a society like ours. How does one make a persuasive natural-law argument in a pluralistic society where people’s priors differ so greatly? The authors are political theorists Jesse Covington (Westmont College), Bryan T. McGraw (Wheaton College), and Micah Watson (Calvin University). The publisher’s description follows:

A Natural Law Framework for Evangelicals Today

During a time when political conversations are marked by deep polarization and difficult decision-making, what resources do evangelicals have to think critically and theologically about public life?

For political theorists Bryan T. McGraw, Jesse Covington, and Micah Watson, a crucial resource is to be found in natural law, a rich tradition of Christian political thought often neglected by evangelicals. Grounded in the hope and realism of the gospel, their evangelical natural law theory is deep in moral conviction yet oriented toward practical political decision-making. Relevant to all dimensions of political life, they show how an evangelical natural law framework can speak into debates about the economy, family life and marriage, violence and war, and religious freedom.

Hopeful Realism is a generous guide for evangelicals concerned with bringing their theological commitments to bear on their political judgments. A volume that brings together robust theory with practical cases, Covington, McGraw, and Watson show how evangelicals can participate as evangelicals in a pluralistic, often polarized, democracy.