One of the best books I’ve read recently is James Hankins’ Virtue Politics: Soulcraft and Statecraft in Renaissance Italy. In it, Professor Hankins provides an alternative to the account of Renaissance political thought that places “republican liberty” as its chief achievement. It is, says Hankins, the cultivation of virtue in political leadership, and the reclaiming of the classical traditions of virtues of character in Greek and Roman thought, that animates the central political project of the great humanist tradition. Machiavelli, who is often placed at the center of Renaissance political thought (he is certainly the most widely read figure of the Renaissance political tradition), is, on Hankins’ account, at best deeply ambivalent about this tradition, and certainly not the central representative of the spirit of the age.

I’ve thought a lot about Professor Hankins’ book, and in particular just what a virtue politics of the modern period, in America, for example, might do (or aspire to do). So I’m especially pleased to see that he will have a new book out in the spring that seems to concretize the Renaissance virtue politics program in a number of ways, and whose subject is the last figure (before Machiavelli) he considers in Virtue Politics, Francesco Patrizi. The book is Political Meritocracy in Renaissance Italy: The Virtuous Republic of Francesco Patrizi of Siena. It will be a must read for anyone interested in this fascinating period of history and anyone thinking about the role of virtue in contemporary political life.

At the heart of the Italian Renaissance was a longing to recapture the wisdom and virtue of Greece and Rome. But how could this be done? A new school of social reformers concluded that the best way to revitalize corrupt institutions was to promote an ambitious new form of political meritocracy aimed at nurturing virtuous citizens and political leaders.

The greatest thinker in this tradition of virtue politics was Francesco Patrizi of Siena, a humanist philosopher whose writings were once as famous as Machiavelli’s. Patrizi wrote two major works: On Founding Republics, addressing the enduring question of how to reconcile republican liberty with the principle of merit; and On Kingship and the Education of Kings, which lays out a detailed program of education designed to instill the qualities necessary for political leadership—above all, practical wisdom and sound character.

The first full-length study of Patrizi’s life and thought in any language, Political Meritocracy in Renaissance Italy argues that Patrizi is a thinker with profound lessons for our time. A pioneering advocate of universal literacy who believed urban planning could help shape civic values, he concluded that limiting the political power of the wealthy, protecting the poor from debt slavery, and reducing the political independence of the clergy were essential to a functioning society. These ideas were radical in his day. Far more than an exemplar of his time, Patrizi deserves to rank alongside the great political thinkers of the Renaissance: Machiavelli, Thomas More, and Jean Bodin.

In our law and religion colloquium, one of the early themes Mark and I touch on is the dualism of Christianity, and the complicated sense in which this dualism is, and is not, a precursor to contemporary ideas of church-state separation. Some of the complications concern the view that separation in this early sense may not have meant complete division, but instead a kind of complementarity of authorities.

We don’t touch perhaps as much as we should on the Catholic Church’s role in the formation of the contemporary nation state, but this new book does: The Catholic Church and European State Formation, AD 1000-1500 (Oxford University Press) by political historians Jørgen Møller and Jonathan Stavnskær Doucette. Their core claim seems to be that the Church was the prime mover of political fragmentation (or “pluralism,” to give it its modern euphemism), and in particular the disruption of the Holy Roman Empire, during this period.

Generations of social scientists and historians have argued that the escape from empire and consequent fragmentation of power – across and within polities – was a necessary condition for the European development of the modern territorial state, modern representative democracy, and modern levels of prosperity. The Catholic Church and European State Formation, AD 1000-1500 inserts the Catholic Church as the main engine of this persistent international and domestic power pluralism, which has moulded European state-formation for almost a millennium.

The ‘crisis of church and state’ that began in the second half of the eleventh century is argued here as having fundamentally reshaped European patterns of state formation and regime change. It did so by doing away with the norm in historical societies – sacral monarchy – and by consolidating the two great balancing acts European state builders have been engaged in since the eleventh century: against strong social groups and against each other.

The book traces the roots of this crisis to a large-scale breakdown of public authority in the Latin West, which began in the ninth century, and which at one and the same time incentivised and permitted a religious reform movement to radically transform the Catholic Church in the period from the late tenth century onwards.

Drawing on a unique dataset of towns, parliaments, and ecclesiastical institutions such as bishoprics and monasteries, the book documents how this church reform movement was crucial for the development and spread of self-government (the internal balancing act) and the weakening of the Holy Roman Empire (the external balancing act) in the period AD 1000-1500.

I’ve always thought that the activity we now call “constitutional theory” began with the work of James Bradley Thayer. For centuries, it was a common view among Western legal thinkers that the law was a manifestation of something that was greater than ordinary legislation or judicial decisions. Judicial decisions, in particular, were not law, but were thought of as evidence of the law. Today, by contrast, it is hard to imagine leading scholars or judges explaining law in anything like these terms. Just when the change happened is impossible to pinpoint, but Oliver Wendell Holmes, Jr. was certainly an important figure in the transition. Holmes mocked the classical view that law is some sort of “brooding omnipresence in the sky,” a view he rejected as “fallacy and illusion.” Instead, Holmes proclaimed that law is a purely human affair. The Legal Realists that followed Holmes believed that what needed to be done was to “redefine supernatural concepts in natural terms.”

That’s why Thayer is so pivotal. He saw all of this coming in the views of legal academics and thinkers of the time. So he tried with the first “theory” to head it off. And so the rise of constitutional theory coincides precisely with the fall of the classical conception of law and the rise of this new, realist, conception of law. When it comes to the Constitution, what takes the place of the old, classical view is, in fact, theory. Theory is what ostensibly preserves “the law” as something separate and apart from raw policy preferences, or from raw partisan politics. Theory purports to provide a new account and defense of law’s essential nature.

At any rate, here is what looks like an important and very insightful new book on Thayer, which interestingly uses religious language right in its title to describe him: The Prophet of Harvard Law: James Bradley Thayer and His Legal Legacy (University of Kansas Press), by Andrew Porwancher, Austin Coffey, Taylor Jipp, and Jake Mazeitis.

Amid the halls of Harvard Law, a professor of legend, James Bradley Thayer, shaped generations of students from 1874 to 1902. His devoted protégés included future Supreme Court justices, appellate judges, and law school deans. The legal giants of the Progressive Era—Holmes, Brandeis, and Hand, to name only a few——came under Thayer’s tutelage in their formative years.

He imparted to his pupils a novel jurisprudence, attuned to modern realities, that would become known as legal realism. Thayer’s students learned to confront with candor the fallibility of the bench and the uncertainty of the law. Most of all, he instilled in them an abiding faith that appointed judges must entrust elected lawmakers to remedy their own mistakes if America’s experiment in self-government is to survive.

In the eyes of his loyal disciples, Thayer was no mere professor; he was a prophet bequeathing to them sacred truths. His followers eventually came to preside over their own courtrooms and classrooms, and from these privileged perches they remade the law in Thayer’s image. Thanks to their efforts, Thayer’s insights are now commonplace truisms.

The Prophet of Harvard Law draws from untouched archival sources to reveal the origins of the legal world we inhabit today. It is a story of ideas and people in equal measure. Long before judges don their robes or scholars their gowns, they are mere law students on the cusp of adulthood. At that pivotal phase, a professor can make a mark that endures forever after. Thayer’s life and legacy testify to the profound role of mentorship in shaping the course of legal history.

In one of the critical free exercise inquiries, courts are supposed to evaluate whether a religious claimant is “sincere” about his or her belief. Anything more than a pro forma inquiry into sincerity, however, is thought to be problematic. Nevertheless, an inquiry into the claimant’s religious sincerity seems to be one of the very few things courts can actually explore in evaluating free exercise claims.

But why is this? Why reduce religiosity as a legal matter to sincerity alone? A recent book suggests that it is characteristic of secular societies to deem sincerity as somehow at the core of religiosity. The book is Sincerely Held: American Secularism and Its Believers, by Charles McCrary (University of Chicago Press).

“Sincerely held religious belief” is now a common phrase in discussions of American religious freedom, from opinions handed down by the US Supreme Court to local controversies. The “sincerity test” of religious belief has become a cornerstone of US jurisprudence, framing what counts as legitimate grounds for First Amendment claims in the eyes of the law. In Sincerely Held, Charles McCrary provides an original account of how sincerely held religious belief became the primary standard for determining what legally counts as authentic religion.
 
McCrary skillfully traces the interlocking histories of American sincerity, religion, and secularism starting in the mid-nineteenth century. He analyzes a diverse archive, including Herman Melville’s novel The Confidence-Man, vice-suppressing police, Spiritualist women accused of being fortune-tellers, eclectic conscientious objectors, secularization theorists, Black revolutionaries, and anti-LGBTQ litigants. Across this history, McCrary reveals how sincerity and sincerely held religious belief developed as technologies of secular governance, determining what does and doesn’t entitle a person to receive protections from the state.
 
This fresh analysis of secularism in the United States invites further reflection on the role of sincerity in public life and religious studies scholarship, asking why sincerity has come to matter so much in a supposedly “post-truth” era.

The historian Johnathan O’Neill is the author of one of the best treatments of the history of originalism in law and politics in the 20th century. Here he is with a new, somewhat broader book on similar themes that looks more like an intellectual history and well worth picking up: Conservative Thought and American Constitutionalism Since the New Deal (Johns Hopkins Press).

The New Deal fundamentally changed the institutions of American constitutional government and, in turn, the relationship of Americans to their government. Johnathan O’Neill’s Conservative Thought and American Constitutionalism since the New Deal examines how various types of conservative thinkers responded to this significant turning point in the second half of the twentieth century.

O’Neill identifies four fundamental transformations engendered by the New Deal: the rise of the administrative state, the erosion of federalism, the ascendance of the modern presidency, and the development of modern judicial review. He then considers how various schools of conservative thought (traditionalists, neoconservatives, libertarians, Straussians) responded to these major changes in American politics and culture. Conservatives frequently argued among themselves, and their responses to the New Deal ranged from adaptation to condemnation to political mobilization.

Ultimately, the New Deal pulled American governance and society permanently leftward. Although some of the New Deal’s liberal gains have been eroded, a true conservative counterrevolution was never, O’Neill argues, a realistic possibility. He concludes with a plea for conservative thinkers to seriously reconsider the role of Congress—a body that is relatively ignored by conservative intellectuals in favor of the courts and the presidency—in America’s constitutional order. Conservative Thought and American Constitutionalism since the New Deal explores the scope and significance of conservative constitutional analysis amid the broader field of American political thought.

“We can never, I mean wholly, explain the practical world from a theoretical point of view, because this world is what it is by reason of the practical point of view, and the world we try to explain is a world set out upon a table — there!”

— Knowledge and Experience in the Philosophy of F.H. Bradley

“Some one said: ‘The dead writers are remote from us because we know so much more than they did.’ Precisely, and they are that which we know.”

— Tradition and the Individual Talent

Just a couple of lines from two of T.S. Eliot’s essays, the second comparatively well-known and the first less so. Eliot’s prose work has been an important influence in some recent law and religion scholarship, including Steve Smith’s “Pagans and Christians in the City,” as well as in some recent reflections on politics and populism. It has also provoked forceful reactions and objections. Eliot’s prose, however, has been less carefully studied than his poems.

This new compilation in 8 volumes, therefore, is well worth looking at (I am celebrating a birthday soon, just in case anybody is thinking of giving me a $700 gift) and sure to stimulate many responses: The Complete Prose of T.S. Eliot: The Critical Edition (Johns Hopkins Press), edited by Ronald Schuchard.

This monumental eight-volume edition of modern literature brings together, for the first time in print, all of the vastly influential prose writings of Nobel laureate T. S. Eliot, the poet and dramatist whose theories and criticism shaped twentieth-century thought and literature around the world. This complete collection provides access to over 6,000 pages of Eliot’s nonfiction prose writings on literature, philosophy, religion, cultural theory, world politics, and other topics of urgent and enduring import. It includes all of the essays that he collected in his lifetime, but also more than 1,000 uncollected, unrecorded, or unpublished items, many of which were missing or inaccessible for decades. From the formative “Interpretation of Primitive Ritual” (1913), written in graduate school at Harvard, to the summative “To Criticize the Critic” (1961), the Complete Prose offers readers full access to the immense scope and variety of Eliot’s works in their biographical, historical, and cultural context.

The individual volumes have received the highest praise from prominent scholars: volume II won the Modernist Studies Association’s 2015 Book Prize for an Edition, Anthology, or Essay Collection, while volumes V and VI were jointly awarded the 2017 Prize for a Scholarly Edition by the Modern Language Association. They display “uniform excellence,” wrote the Awards Committee: “Their thorough textual introductions, sophisticated annotations merging intelligent commentary with brevity and completeness, make the volumes a pleasure to read… and enlarge our understanding of Eliot as the public intellectual at work.” Together with recent editions of the Poems, the eight volumes of Letters, and the sensational opening in 2020 of Eliot’s letters to Emily Hale, the Complete Prose brings us to the threshold of a new age for the study of Eliot and the modernist writers of his day.