International Summer School in Vatican Law (Rome 2018)

Università-LUMSA-logoOur sister institution, Università LUMSA in Rome, has announced that it will host a summer school in Vatican Law for two weeks this coming July. The program is open to students of international law, EU Law, canon law and law and religion, and will also appeal to those who work in institutions that have relationships with the Holy See. Topics will include: historical introduction of the Vatican City State; introduction to canon law; the relationship between Vatican Law and canon law; the Holy See and the Roman Curia; guarantees of freedom of the Holy See; relationship between the Holy See and the Vatican City State; constitutive and constitutional principles; profiles of international law; sources of Vatican Law; the judicial system; Vatican substantive and procedural civil law; Vatican substantive and procedural criminal law; labor law; administrative law; extraterritoriality; financial and monetary system; and money laundering legislation.

For further details, please check the link above.

Movsesian on Markets and Morals

CLR_Bug_Logo_NoTextFor today’s Scholarship Roundup post, I’m going to exercise the host’s privilege and post a new essay of my own, “Markets and Morals: The Limits of Doux Commerce.” The essay, which I wrote for a symposium on Nate Oman’s book, The Dignity of Commerce, will appear in a forthcoming issue of the William and Mary Business Law Review. The doux commerce thesis holds that the market tends to promote the liberal virtues of pluralism and religious tolerance. Following Burke, I argue that the thesis gets things backwards. This was a fun essay to write, as it allowed me to go back and re-read the actual Enlightenment thinkers, as well as Alan Bloom’s great essay on The Merchant of Venice, which play figures prominently in Nate’s book.

Here’s the abstract:

In this essay for a symposium on Professor Nathan Oman’s new book, “The Dignity of Commerce,” I do three things. First, I describe what I take to be the central message of the book, namely, that markets promote liberal values of tolerance, pluralism, and cooperation among rival, even hostile groups. Second, I show how Oman’s argument draws from a line of political and economic thought that dates to the Enlightenment, the so-called “doux commerce” thesis of thinkers like Montesquieu and Adam Smith. Finally, I discuss what I consider the most penetrating criticism of that thesis, Edmund Burke’s critique from tradition, which suggests we should be careful attributing too much to markets’ ability to promote liberal pluralism. According to Burke, it is the Western tradition, including religion, and not commerce, which creates the tolerant, pluralist marketplace of the doux commerce thesis. That Burke was correct is suggested by several historical examples and by contemporary events in the United States and across the globe. That is not to say that Oman is entirely wrong about the potential political benefits of the market, only that we should be careful not to overstate them.

Jansen, “Peace and Penance in Late Medieval Italy”

9780691177748Here is an interesting-looking new book from Princeton University Press on the ways in which church and state cooperated to keep the peace in thirteenth- and fourteenth-century Florence, Peace and Penance in Late Medieval Italy, by historian Katherine Ludwig Jansen (Catholic University of America). I’m a bit surprised, I have to say. From what I know, medieval Italy wasn’t greatly characterized either by peace or penance–which could be said of most societies across time, including our own. The part about the Kiss of Peace is fascinating. Here’s the publisher’s description:

Medieval Italian communes are known for their violence, feuds, and vendettas, yet beneath this tumult was a society preoccupied with peace. Peace and Penance in Late Medieval Italy is the first book to examine how civic peacemaking in the age of Dante was forged in the crucible of penitential religious practice.

Focusing on Florence in the thirteenth and fourteenth centuries, an era known for violence and civil discord, Katherine Ludwig Jansen brilliantly illuminates how religious and political leaders used peace agreements for everything from bringing an end to neighborhood quarrels to restoring full citizenship to judicial exiles. She brings to light a treasure trove of unpublished evidence from notarial archives and supports it with sermons, hagiography, political treatises, and chronicle accounts. She paints a vivid picture of life in an Italian commune, a socially and politically unstable world that strove to achieve peace. Jansen also assembles a wealth of visual material from the period, illustrating for the first time how the kiss of peace—a ritual gesture borrowed from the Catholic Mass—was incorporated into the settlement of secular disputes.

Breaking new ground in the study of peacemaking in the Middle Ages, Peace and Penance in Late Medieval Italy adds an entirely new dimension to our understanding of Italian culture in this turbulent age by showing how peace was conceived, memorialized, and occasionally achieved.

Paul, “From Tolerance to Equality”

5999Here is a forthcoming book from Baylor University Press that offers what looks to be a new and perhaps provocative treatment of the same-sex marriage debate. In From Tolerance to Equality: How Elites Brought America to Same-Sex Marriage, Williams College Professor Darel E. Paul (political science) employs class analysis and argues that same-sex marriage was an elite project that allowed America’s professional class to assert cultural and political domination over the rest of the country. Readers can judge for themselves. Here’s the description from the publisher’s website:

Over the last twenty-five years, a dramatic transformation in the American public’s view of homosexuality has occurred, symbolized best by the movement of same-sex marriage from the position of a fringe few to the pinnacle of morality and a cornerstone of establishment thought. From Tolerance to Equality explores how this seismic shift of social perspective occurred and why it was led by the country’s educational and business elite. Rejecting claims of a commitment to toleration or a heightened capacity for moral sympathy, author Darel E. Paul argues that American elites use opinion on homosexuality as a mark of social distinction and thus as a tool for accumulating cultural authority and political power.

Paul traces this process through its cultural pathways as first professionals and, later, corporate managers took up the cause. He marshals original data analysis and chapters on social class and the family, the ideology of diversity, and the waning status of religious belief and authority to explore the factors behind the cultural changes he charts. Paul demonstrates the high stakes for same-sex marriage’s mostly secular proponents and mostly religious opponents—and explains how so many came to fight so vigorously on an issue that directly affects so few. In the end, From Tolerance to Equality is far more than an explanation of gay equality and same-sex marriage. It is a road map to the emerging American political and cultural landscape.

 

Regnerus, “Cheap Sex”

9780190673611We’re a little late getting to this, but a few months ago Oxford published a new book by University of Texas sociologist Mark Regnerus, Cheap Sex: The Transformation of Men, Marriage, and Monogamy, which has received a lot of attention. Regnerus addresses millennials’ apparent lack of interest in marriage and family and says much of the problem (if it is a problem) results from the fact that sex has become more accessible and less costly, and not only in monetary terms. As religious scruples fade, the spiritual costs of easy sex decrease as well — and when the cost of something goes down, more people decide they can afford it. In fact, Regnerus argues, for some people sex may take the place of traditional religion, offering a substitute, though ultimately dissatisfying, path to the transcendent. There are interesting gender dynamics, too. Regnerus, a conservative, points out that a regime of cheap sex favors men more than women–another irony of the sexual revolution, which was supposed to lead to greater equality between the sexes. Here’s the description from the Oxford website:

Sex is cheap. Coupled sexual activity has become more widely available than ever. Cheap sex has been made possible by two technologies that have little to do with each other – the Pill and high-quality pornography – and its distribution made more efficient by a third technological innovation, online dating. Together, they drive down the cost of real sex, and in turn slow the development of love, make fidelity more challenging, sexual malleability more common, and have even taken a toll on men’s marriageability.

Cheap Sex takes readers on an extended tour inside the American mating market, and highlights key patterns that characterize young adults’ experience today, including the timing of first sex in relationships, overlapping partners, frustrating returns on their relational investments, and a failure to link future goals like marriage with how they navigate their current relationships. Drawing upon several large nationally-representative surveys, in-person interviews with 100 men and women, and the assertions of scholars ranging from evolutionary psychologists to gender theorists, what emerges is a story about social change, technological breakthroughs, and unintended consequences. Men and women have not fundamentally changed, but their unions have. No longer playing a supporting role in relationships, sex has emerged as a central priority in relationship development and continuation. But unravel the layers, and it is obvious that the emergence of “industrial sex” is far more a reflection of men’s interests than women’s.

Hudnut-Beumler, “Strangers and Friends at the Welcome Table”

9781469640372While on a recent trip to Charlotte, North Carolina — home of the Billy Graham Library — I attended Sunday Liturgy at St. Sarkis Armenian Church, founded about a dozen years ago. St. Sarkis is not the only Orthodox Church in Charlotte. There is a Coptic church, at least two Greek Orthodox churches, a couple of Russian Orthodox churches, a couple of Ethiopian Orthodox churches, and at least one Syriac church. The point is that if one thinks of Southern  Christianity as strictly Evangelical, one is making a mistake — though I should point out, in the interests of full disclosure, that the line of cars outside the Evangelical church a couple blocks away was a lot longer than the one at St. Sarkis!

A new study from the University of North Carolina Press, Strangers and Friends at the Welcome Table: Contemporary Christianities in the American South, by Vanderbilt University historian James Hudnut-Beumler, describes the Christianities of the New South. Looks interesting. Here’s the publisher’s description:

In this fresh and fascinating chronicle of Christianity in the contemporary South, historian and minister James Hudnut-Beumler draws on extensive interviews and his own personal journeys throughout the region over the past decade to present a comprehensive portrait of the South’s long-dominant religion. Hudnut-Beumler traveled to both rural and urban communities, listening to the faithful talk about their lives and beliefs. What he heard pushes hard against prevailing notions of southern Christianity as an evangelical Protestant monolith so predominant as to be unremarkable.

True, outside of a few spots, no non-Christian group forms more than six-tenths of one percent of a state’s population in what Hudnut-Beumler calls the Now South. Drilling deeper, however, he discovers an unexpected, blossoming diversity in theology, practice, and outlook among southern Christians. He finds, alongside traditional Baptists, black and white, growing numbers of Christians exemplifying changes that no one could have predicted even just forty years ago, from congregations of LGBT-supportive evangelicals and Spanish-language church services to a Christian homeschooling movement so robust in some places that it may rival public education in terms of acceptance. He also finds sharp struggles and political divisions among those trying to reconcile such Christian values as morality and forgiveness—the aftermath of the mass shooting at Charleston’s Emanuel A.M.E. Church in 2015 forming just one example. This book makes clear that understanding the twenty-first-century South means recognizing many kinds of southern Christianities.

Johnson et al., “Ekklesia”

9780226545585In popular discourse, the American Framers had one of two, mutually-exclusive positions on church-state relations: Either the Framers were Deists who believed that church and state must be completely separate, or the Framers were proto-Evangelicals who thought of America as a Christian nation. In fact, the record is murkier. From the beginning, the two views of church-state relations have existed together in a productive tension, with neither side completely dominating the other. Many of our bitter fights today, in fact, arise because each side is trying to eliminate the other, rather than adjusting and figuring out a way to get along. At least that’s how it seems to me.

A new anthropological study from the University of Chicago Press, Ekklesia: Three Inquiries in Church and State, discusses the tensions surrounding church and state in the New World, addressing not only the United States but Latin America and Canada as well. The authors are Paul Christopher Johnson, Pamela E. Klassen, and Winnifred Sullivan. Here’s the description from the publisher’s website:

Ekklesia: Three Inquiries in Church and State offers a New World rejoinder to the largely Europe-centered academic discourse on church and state. In contrast to what is often assumed, in the Americas the relationship between church and state has not been one of freedom or separation but one of unstable and adaptable collusion. Ekklesia sees in the settler states of North and South America alternative patterns of conjoined religious and political power, patterns resulting from the undertow of other gods, other peoples, and other claims to sovereignty. These local challenges have led to a continuously contested attempt to realize a church-minded state, a state-minded church, and the systems that develop in their concert. The shifting borders of their separation and the episodic conjoining of church and state took new forms in both theory and practice.

The first of a closely linked trio of essays is by Paul Johnson, and offers a new interpretation of the Brazilian community gathered at Canudos and its massacre in 1896–97, carried out as a joint church-state mission and spectacle. In the second essay, Pamela Klassen argues that the colonial church-state relationship of Canada came into being through local and national practices that emerged as Indigenous nations responded to and resisted becoming “possessions” of colonial British America. Finally, Winnifred Sullivan’s essay begins with reflection on the increased effort within the United States to ban Bibles and scriptural references from death penalty courtrooms and jury rooms; she follows with a consideration of the political theological pressure thereby placed on the jury that decides between life and death. Through these three inquiries, Ekklesia takes up the familiar topos of “church and state” in order to render it strange.

Rogan, “The Moral Economists”

9780691173009_0I don’t know too much about the subject, but the description of this new book on the history of economics from Princeton University Press caught my attention. The Moral Economists: R.H. Tawney, Karl Polanyi, E.P. Thompson, and the Critique of Capitalism, by Cambridge historian Tim Rogan, recounts the criticisms of a set of twentieth-century British scholars who argued that capitalism is morally and spiritually lacking. These scholars sought a middle ground between an empty individualism and an authoritarian socialism and looked to tradition and custom — the book description puts those words in scare quote — as guides.

It looks to be an interesting intellectual history. This isn’t meant as a criticism of the book, which I haven’t read, but an even older body of thought, one that long predates the 20th Century, also seeks to apply moral values to economics and to chart a middle path between individualism and authoritarianism, and values tradition and custom to boot: Christian teaching on law and society. It’s odd that economists continue to ignore that source of insights and try to reinvent the wheel with each new generation. But maybe we’ll come up with something better. [UPDATE: Reader Samuel Moyn writes that Rogan does indeed address Christianity in the book. I was going by the description, which doesn’t mention Christianity at all. Now the book looks even more interesting!]

Here’s the description of the book from the Princeton website:

A fresh look at how three important twentieth-century British thinkers viewed capitalism through a moral rather than material lens

What’s wrong with capitalism? Answers to that question today focus on material inequality. Led by economists and conducted in utilitarian terms, the critique of capitalism in the twenty-first century is primarily concerned with disparities in income and wealth. It was not always so. The Moral Economists reconstructs another critical tradition, developed across the twentieth century in Britain, in which material deprivation was less important than moral or spiritual desolation.

Tim Rogan focuses on three of the twentieth century’s most influential critics of capitalism—R. H. Tawney, Karl Polanyi, and E. P. Thompson. Making arguments about the relationships between economics and ethics in modernity, their works commanded wide readerships, shaped research agendas, and influenced public opinion. Rejecting the social philosophy of laissez-faire but fearing authoritarianism, these writers sought out forms of social solidarity closer than individualism admitted but freer than collectivism allowed. They discovered such solidarities while teaching economics, history, and literature to workers in the north of England and elsewhere. They wrote histories of capitalism to make these solidarities articulate. They used makeshift languages of “tradition” and “custom” to describe them until Thompson patented the idea of the “moral economy.” Their program began as a way of theorizing everything economics left out, but in challenging utilitarian orthodoxy in economics from the outside, they anticipated the work of later innovators inside economics.

Examining the moral cornerstones of a twentieth-century critique of capitalism, The Moral Economists explains why this critique fell into disuse, and how it might be reformulated for the twenty-first century.

 

Barton & Bibas, “Rebooting Justice”

Rebooting-Justice-310x460This is not a law-and-religion book, but it is co-written by one of the participants in our Center’s Tradition Project, Stephanos Bibas, who recently left his position at the University of Pennsylvania Law school for a seat on the Third Circuit, and it looks to be of interest to anyone concerned about our legal system and the potential for technology to improve it. Tradition doesn’t mean stagnation, and there’s no reason why traditionalists must in principle oppose new technologies. As long as those new technologies don’t displace law professors, that is. The book is Rebooting Justice: More Technology, Fewer Lawyers, and the Future of Law, co-written by Bibas and law professor Benjamin Barton (Tennessee). Here is the description from the publisher, Encounter Books:

America is a nation founded on justice and the rule of law. But our laws are too complex, and legal advice too expensive, for poor and even middle-class Americans to get help and vindicate their rights. Criminal defendants facing jail time may receive an appointed lawyer who is juggling hundreds of cases and immediately urges them to plead guilty. Civil litigants are even worse off; usually, they get no help at all navigating the maze of technical procedures and rules. The same is true of those seeking legal advice, like planning a will or negotiating an employment contract.

Rebooting Justice presents a novel response to longstanding problems. The answer is to use technology and procedural innovation to simplify and change the process itself. In the civil and criminal courts where ordinary Americans appear the most, we should streamline complex procedures and assume that parties will not have a lawyer, rather than the other way around. We need a cheaper, simpler, faster justice system to control costs. We cannot untie the Gordian knot by adding more strands of rope; we need to cut it, to simplify it.

Picard, “Sea of the Caliphs”

9780674660465-lgIn 1571, at the Battle of Lepanto, a collection of European powers led by Venice (at least that’s how I learned it, notwithstanding Chesterton’s great poem), defeated the Ottoman navy and ensured that Christian Europe, not Muslim Turkey, would control the Mediterranean Sea. A new history from Harvard University Press, Sea of the Caliphs: The Mediterranean in the Medieval Islamic World, shows that the contest between Christian and Muslim states for control of Mediterranean trade routes goes back quite far. The author is historian Christophe Picard (University of Paris I, Panthéon-Sorbonne). The publisher’s description follows:

 “How could I allow my soldiers to sail on this disloyal and cruel sea?” These words, attributed to the most powerful caliph of medieval Islam, Umar Ibn al-Khattab (634–644), have led to a misunderstanding in the West about the importance of the Mediterranean to early Islam. This body of water, known in Late Antiquity as the Sea of the Romans, was critical to establishing the kingdom of the caliphs and for introducing the new religion to Europe and Africa. Over time, it also became a pathway to commercial and political dominion, indispensable to the prosperity and influence of the Islamic world. Sea of the Caliphs returns Muslim sailors to their place of prominence in the history of the Islamic caliphate.

As early as the seventh century, Muslim sailors competed with Greek and Latin seamen for control of this far-flung route of passage. Christophe Picard recreates these adventures as they were communicated to admiring Muslims by their rulers. After the Arab conquest of southern Europe and North Africa, Muslims began to speak of the Mediterranean in their strategic visions, business practices, and notions of nature and the state. Jurists and ideologues conceived of the sea as a conduit for jihad, even as Muslims’ maritime trade with Latin, Byzantine, and Berber societies increased.

In the thirteenth century, Christian powers took over Mediterranean trade routes, but by that time a Muslim identity that operated both within and in opposition to Europe had been shaped by encounters across the sea of the caliphs.

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