On the Oxford Movement

The Oxford Movement was an early nineteenth century school of religious thought that aimed to reinfuse Anglicanism with the Catholic tradition–to create an Anglo-Catholicism. Here is one of its spiritual leaders, St. John Henry Newman, with a suggestive description from his Apologia Pro Vita Sua:

Now and then a man of note appeared in the Pulpit or Lecture Rooms of the University, who was a worthy representative of the more religious and devout Anglicans. These belonged chiefly to the High-Church party; for the party called Evangelical never has been able to breathe freely in the atmosphere of Oxford, and at no time has been conspicuous, as a party, for talent or learning. But of the old High Churchmen several exerted some sort of anti-liberal influence in the place, at least from time to time, and that influence of an intellectual nature. Among these especially may be mentioned Mr. John Miller, of Worcester College, who preached the Bampton Lecture in the year 1817. But, as far as I know, he who turned the tide, and brought the talent of the University round to the side of the old theology, and against what was familiarly called “march-of-mind,” was Mr. Keble. In and from Keble the mental activity of Oxford took that contrary direction which issued in what was called Tractarianism.

A “historical Christianity,” as Cardinal Newman put it in another work. The twentieth century historian, Christopher Dawson, describes the coming of this school in this newly published volume that should be of great interest, The Spirit of the Oxford Movement (Catholic University of America Press), with an introduction by Professor Kenneth L. Parker.

Dawson and John Henry Newman were Oxonians and both were converts to Catholicism; both stood against progressive and liberal movements within society. In both ideologies, Dawson saw a pathway that had once led to the French Revolution. Newman, for Dawson, was a kindred spirit.

In The Spirit of the Oxford Movement, Dawson goes beyond a mere retelling of the events of 1833 – 1845. He shows us the prime movers who sought a deeper understanding of the Anglican tradition: the quixotic Hurrell Froude, for instance, who “had none of the English genius for compromise or the Anglican faculty of shutting the eyes to unpleasant facts.” It was Froude who brought Newman and Keble together and who helped them understand each other. In many ways, Dawson sees these three as the true embodiment of the Tractarian ethos.

Dawson probes deeply, though, to provide a richer, clearer understanding of the intellectual underpinnings of the Oxford Movement, revealing its spiritual raison d’être. We meet a group of gifted like-minded thinkers, albeit with sharp disagreements, who mock outsiders and each other, who pepper their letters with Latin, and forever urge each other on. Newman came to believe, as did Dawson, that the only intellectually coherent bastion against secular culture was religion, and the “on” to which they were urged was the Catholic church. The Spirit of the Oxford Movement provides insights into why Newman, and Dawson, came to this understanding.

A New Comparative Survey on Law & Religion

This month, Elgar releases a new title in its Advanced Introduction series, which provides overviews of discreet subject areas. This one, Advanced Introduction to Law and Religion concerns law and religion, offers a comparative survey of the field. The author is Frank Ravitch (Michigan State). Here’s the publisher’s description:

This Advanced Introduction sets out the difficulty of defining religion itself and the subsequent impact this has on creating laws which regulate and protect it. Taking a global comparative approach, Frank S. Ravitch guides the reader in how this unique interaction plays out in differing legal systems including in the U.S., Europe, and Asia. Providing further context by contrasting specific case studies, the book provides a rounded and coherent exploration of the complexities of law in relation to religion.

Key Features:

● Addresses the many issues surrounding religious exceptions to general laws
● Considers the extent of separation between government and religion, and the role of courts in deciding religious questions
● Looks at the ways in which law may govern discrimination by government or by private entities, based on religion or religious concerns
● Explores the multifaceted interactions between religion and law in many areas, including human rights; public schooling; health and property; tax exemptions; and clergy abuse

This foundational book offers a platform for researchers and students in the fields of law, political science, ethics, and religious studies. It also provides valuable insight for lawyers, judges and legislators with a focus on law and religion.

What is Eudaimonia?

Aristotle is famous for, among many other matters, the view that human well-being (in Greek, eudaimonia, and unhappily generally rendered in English as “happiness”) is about what we do or how we behave in life rather than what we feel or sense. He is famous also, of course, for his account of the practical and intellectual virtues through which the life of well-being is achieved. I should also mention that understanding Aristotle’s ethical framework is the way in to understanding his account of political life and the role and rule of law within it. Here is a new book that explores the complex structure of eudaimonia in Aristotle’s thought, Aristotle on Happiness, Virtue, and Wisdom (Cambridge University Press), by Bryan C. Reece.

Aristotle thinks that happiness is an activity – it consists in doing something – rather than a feeling. It is the best activity of which humans are capable and is spread out over the course of a life. But what kind of activity is it? Some of his remarks indicate that it is a single best kind of activity, intellectual contemplation. Other evidence suggests that it is an overarching activity that has various virtuous activities, ethical and intellectual, as parts. Numerous interpreters have sharply disagreed about Aristotle’s answers to such questions. In this book, Bryan Reece offers a fundamentally new approach to determining what kind of activity Aristotle thinks happiness is, one that challenges widespread assumptions that have until now prevented a dialectically satisfactory interpretation. His approach displays the boldness and systematicity of Aristotle’s practical philosophy.

On Temporary Marriage in Islam

In at least some interpretations of Islamic law, there exists the concept of “mut’a” or “pleasure” marriage, a temporary arrangement the duration of which the parties specify in advance. As I understand it, mut’a marriage is limited nowadays to certain schools of Shi’a Islam; Sunni scholars by and large reject it. A new book from Rowman and Littlefield, Marital and Sexual Ethics in Islamic Law: Rethinking Temporary Marriage, explores the present-day understanding of the concept from a variety of Islamic perspectives, including feminist perspectives. The author is Roshan Iqbal (Agnes Scott College). Here’s the publisher’s description:

Roshan Iqbal traces the intellectual legacy of the exegesis of Qur’an 4:24, which is used as the proof text for the permissibility of mut’a (temporary marriage) and asks if the use of verse 4.24 for the permissibility of mut’a marriage is justified within the rules and regulations of Qur’anic hermeneutics. Iqbal examines seventeen Qur’an commentaries, the chronological span of which extends from the first extant commentary to the present day in three major Islamicate languages. Iqbal concludes that doctrinal self-identity, rather than strictly philological analyses, shaped the interpretation of this verse. As Western academia’s first comprehensive work concerning the intellectual history of mut’a marriage and sexual ethics, this work illustrates the power of sectarian influences on how scholars have interpreted verse 4:24. This book is the only work in English that includes a plurality of voices from minor schools (Ibadi, Ashari, Zaidi, and Ismaili) largely neglected by Western scholars, alongside major schools, and draws from all available sub-genres of exegesis. Further, by revealing ambiguities in the interpretation of mut’a, this work challenges accepted sexual ethics in Islamic thought—as presented by most classical and many modern Muslim scholars—and thus opens up space to theorize Islamic sexual ethics anew and contribute to this crucial conversation from the perspective of Muslim feminism.

Mere Natural Law

A new book by Center friend and and seminal figure in the political theory of the Constitution, Professor Hadley Arkes. Professor Arkes has been pressing the case against originalism and for a natural law constitutionalism for many years, in many fora. This is likely to be a useful and important statement of his collected views with, of course, a hat tip to C.S. Lewis in the title! I look forward to this one very much, and congratulations to Hadley! The book is Mere Natural Law: Originalism and the Anchoring Truths of the Constitution (Simon & Schuster).

In this profoundly important reassessment of constitutional interpretation, the eminent legal philosopher Hadley Arkes argues that “originalism” alone is an inadequate answer to judicial activism. Untethered from “mere Natural Law”—the moral principles knowable by all—our legal and constitutional system is doomed to incoherence.

The framers of the Constitution regarded the “self-evident” truths of the Natural Law as foundational. And yet in our own time, both liberals and conservatives insist that we must interpret the Constitution while ignoring its foundation.

Making the case anew for Natural Law, Arkes finds it not in theories hovering in the clouds or in benign platitudes (“be generous,” “be selfless”). He draws us back, rather, to the ground of Natural Law as the American Founders understood it, the anchoring truths of common sense—truths grasped at once by the ordinary man, unburdened by theories imbibed in college and law school.

When liberals discovered hitherto unknown rights in the “emanations” and “penumbras” of a “living constitution,” conservatives responded with an “originalism” that refuses to venture beyond the bare text. But in framing that text, the Founders appealed to moral principles that were there before the Constitution and would be there even if there were no Constitution. An originalism that is detached from those anchor – ing principles has strayed far from the original meaning of the Constitution. It is powerless, moreover, to resist the imposition of a perverse moral vision on our institutions and our lives.

Brilliant in its analysis, essential in its argument, Mere Natural Law is a must-read for everyone who cares about the Constitution, morality, and the rule of law.

A New Book on North American Christianity

Just this week, the New York Times ran a very interesting essay on the changing demographic reality of global Christianity. Although for centuries Christianity has been strongest in the West, that is changing. Christianity’s center of gravity is shifting to the global South. And even in the developed countries of the West, immigration from the global South is changing Christianity. Tomorrow’s American Christianity will look quite different from today’s.

I’m sure these developments will figure in a forthcoming collection of essays from Edinburgh University Press, Christianity in North America. The editors are Kenneth Ross of Zomba Theological University (Malawi), Grace Kim of the Earlham School of Religion (Indiana) and Todd Johnson of the Gordon-Conwell Theological Seminary (Massachusetts). Looks to be a valuable reference source. Here’s the description from the publisher’s website:

Building on the success of EUP’s highly acclaimed Atlas of Global Christianity, this volume is the seventh in a series of reference works that takes the analysis of worldwide Christianity to a deeper level of detail. It focuses on Christianity in North America, covering every country and offering both reliable demographic information and original interpretative essays by locally based scholars and practitioners. It maps patterns of growth and decline, assesses major traditions and movements, analyzes key themes, and examines current trends. As a comprehensive account of the presence of Christianity in every part of North America, this volume will become a standard work of reference in its field.

An Eminent Liberal on Liberalism

In January 2014 (nearly 10 years ago!), Mark and I were fortunate to host Professor Michael Walzer at the Colloquium in Law and Religion (co-hosted, that year, with our friend, Professor Michael Moreland, at Villanova). If memory serves, Professor Walzer gave a very interesting paper on what the Jewish law of war could take from the Catholic “Just War” tradition of thought. The paper was filled with insights about religious law, and some important differences between the Catholic and Jewish intellectual and spiritual inheritance (one of which concerned the difference between the Natural Law Tradition and the Noahide Covenant). It was an honor to have him with us.

But, of course, Professor Walzer’s most notable contributions have been in the area of liberal political thought (see, for example, here). Liberalism has had a rather more contested legacy in the 10 or so years since we last met with Prof. Walzer than it had in the generation and more before that. And so it is that Walzer has a new book that seems to grapple with some of that recent contestation, in what looks like an important statement and recapitulation of his own views. The book is The Struggle for a Decent Politics: On “Liberal” as an Adjective (Yale University Press). Congratulations to him.

There was a time when liberalism was an ism like any other, but that time, writes Michael Walzer, is gone. “Liberal” now conveys not a specific ideology but a moral stance, so the word is best conceived not as a noun but as an adjective—one is a “liberal democrat” or a “liberal nationalist.”
 
Walzer itemizes the characteristics described by “liberal” in an inventory of his own deepest political and moral commitments—among other things, to the principle of equality, to the rule of law, and to a pluralism that is both political and cultural. Unabashedly asserting that liberalism comprises a universal set of values (“they must be universal,” he writes, “since they are under assault around the world”), Walzer reminds us in this inspiring book why those values are worth fighting for.

More on Markets and Religion

Here at the Forum at elsewhere, my friend Nate Oman (William and Mary Law School) and I have debated the “doux commerce” thesis: the notion that the market, over time, softens disagreements about religion and other deep commitments. It’s a thesis with a proud lineage that goes back to Montesquieu and other Enlightenment figures. Nate is persuaded by the thesis and wrote a very good book about it. I’m less persuaded by the thesis and wrote an article critiquing it. But it’s been a fun and interesting debate.

I was delighted to see that Nate is now the co-editor of a new collection of essays from Routledge that continues the conversation. The book is Democracy, Religion, and Commerce: Private Markets and the Public Regulation of Religion. Nate’s co-editor is Kathleen Flake (University of Virginia). Here’s the description from the Routledge website:

This collection considers the relationship between religion, state, and market. In so doing, it also illustrates that the market is a powerful site for the cultural work of secularizing religious conflict. Though expressed as a simile, with religious freedom functioning like market freedom, “free market religion” has achieved the status of general knowledge about the nature of religion as either good or bad. It legislates good religion as that which operates according to free market principles: it is private, with no formal relationship to government; and personal: a matter of belief and conscience. As naturalized elements of historically contingent and discursively maintained beliefs about religion, these criteria have ethical and regulatory force. Thus, in culture and law, the effect of the metaphor has become instrumental, not merely descriptive. This volume seeks to productively complicate and invite further analysis of this easy conflation of democracy, religion, and the market. It invites scholars from a variety of disciplines to consider more intentionally the extent to which markets are implicated and illuminate the place of religion in public life. The book will be a valuable resource for researchers and academics working in the areas of law and religion, ethics, and economics.

The Disintegration of Free Speech?

There is a growing consensus that the principle of free speech is in crisis, whether the dangers are coming primarily from government actors, or private actors intent on suppressing dissenting views, or both (matters on which there is considerable disagreement). There is also growing anxiety about the sustainability of academic freedom, as well as the associated structure of tenure. There is even doubt and intense disagreement about the basic function and purpose of the university. Here is a new book discussing these developments in historical perspective, The Collapse of Freedom of Expression: Reconstructing the Ancient Roots of Modern Liberty (Notre Dame Press) by Jordi Pujol.

The topic of free speech is rarely addressed from a historical, philosophical, or theological perspective. In The Collapse of Freedom of Expression, Jordi Pujol explores both the modern concept of the freedom of expression based on the European Enlightenment and the deficiencies inherent in this framework. Modernity has disregarded the traditional roots of the freedom of expression drawn from Christianity, Greek philosophy, and Roman law, which has left the door open to the various forms of abuse, censorship, and restrictions seen in contemporary public discourse. Pujol proposes that we rebuild the foundations of the freedom of expression by returning to older traditions and incorporating both the field of pragmatics of language and theological and ethical concepts on human intentionality as new, complementary disciplines.

Pujol examines emblematic cases such as Charlie Hebdo, free speech on campus, and online content moderation to elaborate on the tensions that arise within the modern concept of freedom of expression. The book explores the main criticisms of the contemporary liberal tradition by communitarians, libertarians, feminists, and critical race theorists, and analyzes the gaps and contradictions within these traditions. Pujol ultimately offers a reconstruction project that involves bridging the chasm between the secular and the sacred and recognizing that religion is a font of meaning for millions of people, and as such has an inescapable place in the construction of a pluralist public sphere.

Saudi Arabia vs. Iran

The news last week that Saudi Arabia and Iran will restore diplomatic relations (a deal brokered by China, which fact raised eyebrows among American observers) is quite significant for the Mideast. Although both are Islamic-law countries, they are serious rivals–and part of the rivalry stems from religion. Saudi is a majority Sunni country and Iran a majority Shia one. But religion makes up only part of the story of their rivalry, as a new book from Cambridge, The Struggle for Supremacy in the Middle East: Saudi Arabia and Iran, points out. The author is Simon Mabon (International Politics) at Lancaster University. Here’s the description from the Cambridge website:

Since 1979, few rivalries have affected Middle Eastern politics as much as the rivalry between Saudi Arabia and Iran. However, too often the rivalry has been framed purely in terms of ‘proxy wars’, sectarian difference or the associated conflicts that have broken out in Iraq, Lebanon, Syria, Bahrain, and Yemen. In this book, Simon Mabon presents a more nuanced assessment of the rivalry, outlining its history and demonstrating its impact across the Middle East. Highlighting the significance of local groups, Mabon shows how regional politics have shaped and been shaped by the rivalry. The book draws from social theory and the work of Pierre Bourdieu to challenge problematic assumptions about ‘proxy wars’, the role of religion, and sectarianism. Exploring the changing political landscape of the Middle East as a whole and the implications for regional and international security, Mabon paints a complex picture of this frequently discussed but oft-misunderstood rivalry.