Law and Religion in Judaism and Christianity

Jews and Christians–or, more correctly, Judaism and Christianity–have been contesting the place and purpose of law for two thousand years. It’s a debate that never exhausts itself, because each religion has defined itself largely as against the other, and law has been one of the central points of controversy. This month, the British publisher, James Clarke & Co., releases an addition to the debate, Law and Religion: Essays on the Place of the Law in Israel and Early Christianity, edited by the late Biblical scholar Barnabas Lindars of the University of Manchester. The book’s introduction indicates that most of the papers date from decades ago, so I’m not sure why the collection is appearing only now. Anyway, the table of contents looks very interesting. Here’s the publisher’s description:

The place of the Law and its relationship to religious observance and faith is a contested topic in the study of both the Old and New Testament. In Law and Religion, members of the Erhardt Seminar group provide an insight into the debate, probing key topics and offering new contributions to the subject. Their essays are grouped into three sections, focusing in turn on the Law’s place in Israelite religion, in the Jesus tradition, and in Paul and the Apostolic tradition.

Thus, the foundation of the connection between law and religion in ancient Israel is explored, along with the decisive influence of the Deuteronomic reform and the radical new understanding now emerging of the later development in Judaism of the New Testament Period. So, also, the contemporary challenge to the conventional picture of Jesus and the Law is addressed, the attitude of Paul is shown in new light, and post-Pauline developments are examined. Readers will find in this symposium a refreshing breadth of opinion on a debate that spans the gamut of disciplines within Biblical studies.

Scruton & Manent on Politics & Religion

I’m now reading Daniel J. Mahoney’s short book on the political thought of the late Sir Roger Scruton (whom Mark and I had the honor of hosting for the second leg of the Tradition Project–see below for his talk) and Pierre Manent. Dan argues that these philosophers share a common project to “recover the meaning of politics, civilization, and the soul” from the depredations of various “late modern dogmas.” He is aware of their differences but he focuses in these essays on their many affinities, including their similar views of secularism and the modern state (in my office, I have a signed copy of Scruton’s The Soul of the World, where he takes on some of these matters with great sensitivity and depth). Dan’s book is Recovering Politics, Civilization, and the Soul: Essays on Pierre Manent and Roger Scruton (St. Augustine Press).

The Western inheritance is under sustained theoretical and practical assault. Legitimate self-criticism has given way to nihilistic self-loathing and cultural, moral, and political repudiation is the order of the day. Yet, as Daniel J. Mahoney shows in this learned, eloquent, and provocative set of essays, two contemporary philosophic thinkers, Roger Scruton and Pierre Manent, have––separately and together––traced a path for the renewal of politics and practical reason, our civilized inheritance, the natural moral law, and the soul as the enduring site of self-conscious reflection, moral and civic agency, and mutual accountability.

Both Scruton and Manent have repudiated the fashionable nihilism associated with the “thought of 1968” and the “Parisian nonsense machine,” and have shown that gratitude is the proper response of the human person to the “givenness of things.” Both defend the self-governing nation against reckless nationalism and the even more reckless temptation of supranational governance and post-political  democracy, what Manent suggestively calls a “kratos” without a “demos.” Both defend the secular state while taking aim at a radical secularism that rejects “the Christian mark” that is at the heart of our inheritance and that sustains the rich and necessary interpenetration of truth and liberty. Scruton’s more “cultural” perspective is indebted to Burke and Kant; Manent’s more political perspective draws on Aristotle, St. Thomas, Tocqueville, and Raymond Aron, among others. By highlighting their affinities, and reflecting on their instructive differences, Mahoney shows how, together, the English man of letters Scruton, and the French political philosopher Manent, guide us to the recovery of a horizon of thought and action animated by practical reason and the wellsprings of the human soul. They show us the humanizing path forward, but first we must make the necessary spiritual decision to repudiate repudiation once and for all.

A New Study of Fatwas in Islamic Law

Even people who know little about Islamic law have heard of the fatwa: an opinion, issued by a qualified scholar, or mufti, on a question of Islamic law. In classical thought, a fatwa is not binding in itself; its authority is persuasive and dependent largely on the learning and reputation of the mufti who issues it. The relationship in Islamic law between fatwas and court judgments, which are binding, is a fascinating one and worthy of sustained study.

A new book from Cambridge, Fatwa and the Making and Renewal of Islamic Law
From the Classical Period to the Present
, explores the history of the practice. The author is Omer Awass (American Islamic College). Here’s the publisher’s description:

In this book, Omer Awass examines the formation, history, and transformation of the Islamic legal discourse and institutions through the lens of a particular legal practice: the issuance of fatwas (legal opinions). Tracing the growth of Islamic law over a vast geographical expanse -from Andalusia to India – and a long temporal span – from the 7th to the 21st century, he conceptualizes fatwas as the ‘atomic units’ of Islamic law. Awass argues that they have been a crucial element in the establishment of an Islamic legal tradition. He also provides numerous case studies that touch on economic, social, political, and religious topics. Written in an accessible style, this volume is the first to offer a comprehensive investigation of fatwas within such a broad spatio-temporal scope. It demonstrates how instrumental fatwas have been to the formation of Islamic legal traditions and institutions, as well as their unique forms of reasoning.

On the Autonomy of Religious Communities

Marc has written before about the rise of what he calls the “Australian School” in law and religion, a group of scholars, many fairly young, which “offers justifications for religious freedom rooted in theological considerations.” Marc identifies Alex Deagon (Queensland University of Technology) as a member of this school. Earlier this year, Bloombsury published Deagon’s latest work, A Principled Framework for the Autonomy of Religious Communities: Reconciling Freedom and Discrimination, which takes a comparative perspective and argues for “a peaceful coexistence of difference which supports both religious freedom and equality.” Here’s the description from the publisher’s website:

This book engages in a theological critique of the legal frameworks and theoretical approaches of Australia, the US and England to create a peaceful coexistence of difference which supports both religious freedom and equality.

It develops a new framework for reconciling religious freedom and discrimination in Western liberal democracies and presents a unique approach to practically supporting both religious freedom and equality as fundamentally important objectives which promote more compassionate and cohesive communities.

The book applies the idea of peaceful coexistence of difference by assuming the dignity and goodwill of different people and perspectives, and proceeds upon shared virtues such as love which are affirmed by all.

Turning and turning in the widening gyre…

It is nothing new to observe that the center of American political and cultural life is having difficulty, as Yeats once put it, “holding.” It is instead increasingly extremes of various kinds that are gaining greater traction. “Extreme” carries a negative rhetorical charge, of course. One might say instead that Americans are coming to see the attraction of values long alien to their own largely optimistic, pragmatic, and open tradition–the values of commitment, hierarchy, tragedy, identity, and others–values that have their own claims on human hopes and fears. Some believe this to be a change from America of the past–a deeply and widely divided America has some precedents, but it is perhaps not the main stream–and one interesting question is just why the change has come upon us with such force today.

A new book out this fall makes the case for a return to balance: Why Not Moderation? Letters to Young Radicals (Cambridge University Press) by Aurelian Craiutu. Worth checking out, especially by those of us who might react with some (moderate) skepticism to its claims.

Moderation is often presented as a simple virtue for lukewarm and indecisive minds, searching for a fuzzy center between the extremes. Not surprisingly, many politicians do not want to be labelled ‘moderates’ for fear of losing elections. Why Not Moderation? challenges this conventional image and shows that moderation is a complex virtue with a rich tradition and unexplored radical sides. Through a series of imaginary letters between a passionate moderate and two young radicals, the book outlines the distinctive political vision undergirding moderation and makes a case for why we need this virtue today in America. Drawing on clearly written and compelling sources, Craiutu offers an opportunity to rethink moderation and participate in the important public debate on what kind of society we want to live in. His book reminds us that we cannot afford to bargain away the liberal civilization and open society we have inherited from our forefathers.

Kronman on Disbelief

“I have seen the burden God has laid on the human race,” the author of Ecclesiastes writes. “He has made everything beautiful in its time. He has also set eternity in the human heart; yet no one can fathom what God has done from beginning to end.” Yale law professor Anthony Kronman takes on this burden in a recent book, After Disbelief, which Yale releases in paperback form this month. The book tries to make sense of the essential human wish to understand eternity in a disenchanted world. Here’s the publisher’s description:

Many people of faith believe the meaning of life depends on our connection to an eternal order of some kind. Atheists deride this belief as a childish superstition.

In this wise and profound book, Anthony Kronman offers an alternative to these two entrenched positions, arguing that neither addresses the complexities of the human condition. We can never reach God, as religion promises, but cannot give up the longing to do so either. We are condemned by our nature to set goals we can neither abandon nor fulfill, yet paradoxically are able to approach more closely if we try. The human condition is one of inevitable disappointment tempered by moments of joy.

Resolutely humanistic and theologically inspired, this moving book offers a rational path to the love of God amidst the disenchantments of our time.

The Forgotten Revolutions of 1848

To say “nationalism” today is generally thought to sound a politically conservative note. Contemporary nationalists are generally thought to be for what the liberal theorist Karl Popper once criticized as the “closed society.” But the claims of nationalism can be liberal, even radical, and they have been in the past. After the defeat of Napoleon, attempts were made to return to the ancien régime in the Restoration, but these failed and the so-called “Revolutions of 1848” were their terminus. The Revolutions were a cluster of uprisings that swept across European nations simultaneously. The respective peoples of each nation demanded the repudiation of the old forms of governance and social structure precisely in favor of what were then thought to be the democratic, liberal politics guaranteed by the nation. In the Catholic Church, as Russell Hittinger has observed, it was the claims of nationalism that, in part, provoked Pope Pius IX’s Syllabus of Errors. The politics of nationalism are not fixed, but historically contingent.

I’m slightly late to noticing this interesting new book on the understudied Revolutions of 1848: Revolutionary Spring: Europe Aflame and the Fight for a New World, 1848-1849 (Penguin RandomHouse), by Christopher Clark.

As history, the uprisings of 1848 have long been overshadowed by the French Revolution of 1789 and the Russian revolutions of the early twentieth century. And yet in 1848 nearly all of Europe was aflame with conflict. Parallel political tumults spread like brush fire across the entire continent, leading to significant changes that continue to shape our world today. These battles for the future were fought with one eye kept squarely on the past: The men and women of 1848 saw the urgent challenges of their world as shaped profoundly by the past, and saw themselves as inheritors of a revolutionary tradition.

Celebrated Cambridge historian Christopher Clark describes 1848 as “the particle collision chamber at the center of the European nineteenth century,” a moment when political movements and ideas—from socialism and democratic radicalism to liberalism, nationalism, corporatism, and conservatism—were tested and transformed. The insurgents asked questions that sound modern to our ears: What happens when demands for political or economic liberty conflict with demands for social rights? How do we reconcile representative and direct forms of democracy? How is capitalism connected to social inequality? The revolutions of 1848 were short-lived, but their impact on public life and political thought throughout Europe and beyond has been profound.

Meticulously researched, elegantly written, and filled with a cast of charismatic figures, including the social theorist Alexis de Tocqueville, the writer George Sand, and the troubled priest Félicité de Lamennais, who struggled to reconcile his faith with politics, Revolutionary Spring offers a new understanding of 1848 that suggests chilling parallels to our present moment. “Looking back at the revolutions from the end of the first quarter of the twenty-first century, it is impossible not to be struck by the resonances,” Clark writes. “If a revolution is coming for us, it may look something like 1848.”

Decline and Fall

Gibbon, among others, famously argued that the rise of Christianity contributed to the fall of the Roman Empire, in the West, anyway: In the East, the Empire lasted another 1000 years, which is a long time to fall by any standards. A new book from Harvard University Press, The Tragedy of Empire: From Constantine to the Destruction of Roman Italy, discusses the establishment of Christianity in the Empire, among other topics, in its account of the last two centuries of the Empire in the West. The author is historian and classicist Michael Kulikowsi (Penn State). Here’s the publisher’s description:

A sweeping political history of the turbulent two centuries that led to the demise of the Roman Empire.

The Tragedy of Empire begins in the late fourth century with the reign of Julian, the last non-Christian Roman emperor, and takes readers to the final years of the Western Roman Empire at the end of the sixth century. One hundred years before Julian’s rule, Emperor Diocletian had resolved that an empire stretching from the Atlantic to the Euphrates, and from the Rhine and Tyne to the Sahara, could not effectively be governed by one man. He had devised a system of governance, called the tetrarchy by modern scholars, to respond to the vastness of the empire, its new rivals, and the changing face of its citizenry. Powerful enemies like the barbarian coalitions of the Franks and the Alamanni threatened the imperial frontiers. The new Sasanian dynasty had come into power in Persia. This was the political climate of the Roman world that Julian inherited.

The Place of the Virtues in Catholic Social Thought

Catholic Social Thought is the body of learning and teaching concerning the Catholic Church’s considered views about a broad range of social, political, and cultural concerns informed by and in response to changing circumstances. Here is a new book that locates the role of the virtues (as developed in the Western philosophical tradition) within Catholic Social Thought, Catholic Social Teaching in Practice: Exploring Practical Wisdom and the Virtues Tradition (Cambridge University Press), by Andrew Yuengert.

Although the virtues are implicit in Catholic Social Teaching, they are too often overlooked.  In this pioneering study, Andrew M. Yuengert draws on the neo-Aristotelian virtues tradition to bring the virtue of practical wisdom into an explicit and wide-ranging engagement with the Church’s social doctrine.  Practical wisdom and the virtues clarify the meaning of Christian personalism, highlight the irreplaceable role of the laity in social reform, and bring attention to the important task of lay formation in virtue. This form of wisdom also offers new insights into the Church’s dialogue with economics and the social sciences, and reframes practical political disagreements between popes, bishops, and the laity in a way that challenges both laypersons and episcopal leadership. Yuengert’s study respects the Church’s social tradition, while showing how it might develop to be more practical.  By proposing active engagement with practical wisdom, he demonstrates how Catholic Social Teaching can more effectively inform and inspire practical social reform.

Worldly Politics and Divine Institutions

From the beginning, when we started this center a dozen years ago (time flies!), one of the subjects we have most wanted to study is comparative law and religion. The US is not the only country to have to negotiate the competing demands of church and state, and observing how other countries manage those demands can be instructive.

A new book from Oxford University Press looks to be a worthy edition to the area: Worldly Politics and Divine Institutions: Contemporary Entanglements of Faith and Government, by political scientist Nashon Perez (Bar Ilan University). The book covers four of the cases that we have discussed here at the Forum and in Legal Spirits podcasts over the years. Here’s the description of the book from the publisher’s website:

The institutional entanglement of religion and government takes many forms, including direct governmental funding of religious associations, legal recognition, and governmental endorsement of religious symbols in public spaces. The entanglement of church and state remains contentious in many democratic countries today. In fact, in Europe and North America, there are a growing number of instances of governments becoming entwined with religious matters.

Worldly Politics and Divine Institutions explores the entanglement of religion and government in a comparative analysis of four cases within democratic countries: the British Jewish Free School (JFS) case, in which the U.K. Supreme Court forced a government-funded faith school to change its admission policies; The European Court of Human Rights decision in Martinez, in which the Catholic church kept its right to dismiss religion teachers within the Spanish public school system; The Lautsi case, in which the Italian government successfully defended its policy of mandating a crucifix in all public school classrooms – at the European Court of Human Rights; and the case of the Bladensburg World War I Memorial (often called the Peace Cross) in Maryland, in which the U.S. Supreme Court ruled that the cross’s public placement and maintenance funding does not violate the non-establishment clause of the First Amendment. Perez describes how these cases create complex, hybrid religious-statist institutions and outlines a novel framework for understanding these cases.