Neoliberalism’s Theology

Here is a new book confronting the frequently pilloried term, “neoliberalism,” and offering an interesting theory about its underlying causes and ends: Neoliberalism and Political Theology: From Kant to Identity Politics (Oxford University Press), by Carl Raschke.

“Neoliberalism in recent years has become the operative buzzword among pundits and academics to characterise an increasingly dysfunctional global political economy. It is often–wrongly–identified exclusively with free market fundamentalism and illiberal types of cultural conservatism. Combining penetrating argument and broad-ranging scholarship, Carl Raschke shows what the term really means, how it evolved and why it has been so misunderstood.

Raschke lays out how the present new world disorder, signalled by the election of Trump and Brexit, derives less from the ascendancy of reactionary forces and more from the implosion of the post-Cold War effort to establish a progressive international moral and political order for the cynical benefit of a new cosmopolitan knowledge class, mimicking the so-called civilising mission of 19th-century European colonialists.”

How To Make Hard Decisions

It is some sign of law and religion’s salience today that Professor Peter Schuck of Yale Law School decided to include a conundrum of the field as one of his “Top 5” tough choices in his new book, One Nation Undecided: Clear Thinking About Five Hard Issues That Divide Us (Princeton University Press). The others are poverty, immigration, affirmative action, and campaign finance. All of the rest–concerning the certitude that “we’ve all” expressed views on these matters “without thinking them through”–well…I suppose Professor Schuck will tell us in the book just how he comes to that conclusion.

“We’ve all expressed opinions about difficult hot-button issues without thinking them through. With so much media spin, political polarization, and mistrust of institutions, it’s hard to know how to think about these tough challenges, much less what to do about them. One Nation Undecided takes on some of today’s thorniest issues and walks you through each one step-by-step, explaining what makes it so difficult to grapple with and enabling you to think smartly about it. In this unique what-to-do book, Peter Schuck tackles poverty, immigration, affirmative action, campaign finance, and religious objections to gay marriage and transgender rights. No other book provides such a comprehensive, balanced, and accessible analysis of these urgent social controversies. One Nation Undecided gives you the facts and competing values, makes your thinking about them more sophisticated, and encourages you to draw your own conclusions.

Sixsmith reviews Holland’s “Dominion”

Here’s something of a new feature for our book-related posts. On occasion, we’ll have an interesting review of a book that we have previously posted. I thought this review at the University Bookman by Ben Sixsmith of Tom Holland’s book, Dominion: How the Christian Revolution Remade the World, was very worthwhile and gave a good account of the book’s themes, strengths, and weaknesses. A bit:

“Holland’s stylistic talents add a great deal to the book. His portraits of Boniface, Luther, and Calvin are vivid, evocative, and free of romanticization or its opposite. Some of his accounts of episodes in religious history are a little superficial—he could have read Helen Andrews for a more complicated portrait of Bartolomé de las Casas, for example—but a sweeping historical narrative without superficial aspects would be like an orchard with no bruising on the fruit. It is only natural.”

“First Amendment Traditionalism”

That’s this new paper, which I’ve just posted, and accompanies this earlier paper discussing the nature of traditionalist interpretation. Here’s the abstract of the newer piece (comments welcome):

“Traditionalist constitutional interpretation takes political and cultural practices of long age and duration as constituting the presumptive meaning of the text. This essay probes traditionalism’s conceptual and normative foundations. It focuses on the Supreme Court’s traditionalist interpretation of the First Amendment to understand the distinctive justifications for traditionalism and the relationship between traditionalism and originalism. The first part of the essay identifies and describes traditionalism in some of the Court’s Speech and Religion Clause jurisprudence, highlighting its salience in the Court’s recent Establishment Clause doctrine.

Part II develops two justifications for traditionalism: “interpretive” and “democratic-populist.” The interpretive justification is that enduring practices presumptively inform the meaning of the words that they instantiate. Generally speaking, we do what we mean, and we mean what we do. The democratic-populist justification is that in a democracy, people who engage in practices consistently and over many years in the belief that those practices are constitutional have endowed them practices with political legitimacy. Courts owe the people’s enduring practices substantial deference as presumptively constitutional. The populist element in this justification is that traditionalism is a defensive interpretive method against what abstract principle in the hands of elite actors has wrought: intolerance, the corrosion of lived experience, and the distortion of text to mirror a particular class of contemporary moral and political views.

In Part III, this essay compares traditionalism with originalism, reaching two conclusions. First, traditionalism’s reliance on practices as presumptively constitutive of constitutional meaning is most distant from originalist theories that rely on abstract principle as constituting the meaning of text and that reject practice-based evidence as the equivalent of irrelevant “expected applications.” It is closest to varieties of originalism that read text concretely. Yet traditionalist judges are not engaged in making guesses about “expected applications,” but in making decisions about retrospective applications—drawing on old and enduring practices either to include within, or exclude from, a tradition the specific practice under review. Second, the essay investigates the connection between so-called “original law” theories of originalism and traditionalism. Original law theorists argue that originalism is “our law” as a sociological and cultural fact. But traditionalism may be more “our law” than originalism in some areas within the First Amendment and outside it. If the positivist defense of originalism truly counts as a justification for any theory of constitutional interpretation (an issue on which this essay takes no position), then it may support traditionalism as much as originalism.”

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.”

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.”

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.”

“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.”

The Heart Wants What It Wants

Here’s an interesting book on the history of atheism and agnosticism whose basic claim appears to be that the ascendancy of unbelief reflects the growth of powerful emotional desires rather than persuasion by argument. The book is Unbelievers: An Emotional History of Doubt (Harvard University Press), by Alex Ryrie.

“Why have societies that were once overwhelmingly Christian become so secular? We think we know the answer, but in this lively and startlingly original reconsideration, Alec Ryrie argues that people embraced unbelief much as they have always chosen their worldviews: through their hearts more than their minds.

Looking back to the crisis of the Reformation and beyond, Unbelievers  shows how, long before philosophers started to make the case for atheism, powerful cultural currents were challenging traditional faith. These tugged in different ways not only on celebrated thinkers such as Machiavelli, Montaigne, Hobbes, and Pascal, but on men and women at every level of society whose voices we hear through their diaries, letters, and court records.

Ryrie traces the roots of atheism born of anger, a sentiment familiar to anyone who has ever cursed a corrupt priest, and of doubt born of anxiety, as Christians discovered their faith was flimsier than they had believed. As the Reformation eroded time-honored certainties, Protestant radicals defended their faith by redefining it in terms of ethics. In the process they set in motion secularizing forces that soon became transformational. Unbelievers tells a powerful emotional history of doubt with potent lessons for our own angry and anxious age.