De Regno and the Establishment

St. Thomas Aquinas’s “De Regno” (one of the “other” works in addition to the Summa) is often translated, “On Kingship,” and at other times, “On Government.” The former is somewhat incomplete because it sounds as if the treatise is about monarchical arrangements alone. It is, of course, true that Aquinas defends monarchy in De Regno (the treatise was written to advise the King of Cyprus), but he does so within a broader exploration of the nature of political governance and the more general problem of tyrannical government (to include tyranny by the many, and not only by the one). “On Government” might be acceptable if “government” is taken to mean “politics” in the broadest sense as the “common thing” or fundamental commitments of the community.

Maybe the most accurate translation would be something like, “On the Political Establishment,” just in the way that our own Constitution talks about “establishments” in the First Amendment when it proscribes establishments “of religion.” One might wonder just which sort of establishments are permitted, or even encouraged, under such an arrangement. But back to Aquinas: the more expressly theological features of De Regno also incorporate a view of church-state relations that one might call mutually supportive or, more controversially, integrated, blending Christian and classical themes and arguments (as is usual for Aquinas). And there is much of interest as respects what we call “civil religion” and its dangers in De Regno.

Here is a relatively new book emphasizing the church-state issues in this important work: The Christian Structure of Politics: On the De Regno of Thomas Aquinas (Catholic University of America Press), by William McCormick, SJ (with a new paperback out next spring).

The Christian Structure of Politics, the first full-length monograph on Thomas Aquinas’s De Regno in decades, offers an authoritative interpretation of De Regno as a contribution to our understanding of Aquinas’s politics, particularly on the relationship between Church and State. William McCormick argues that Aquinas takes up a via media between Augustine and Aristotle in De Regno, invoking human nature to ground politics as rational, but also Christian principles to limit politics because of both sin and the supernatural end of man beyond politics. Where others have seen disjoined sections on the best regime, tyranny, and the reward of the king, McCormick identifies a dialogical structure to the text – one not unlike the disputed question format – whereby Aquinas both tempers expectations for the best government and offers a spiritual diagnosis of tyranny, culminating in a sharp critique of civil religion and political theology.

McCormick draws upon historical research on Aquinas’ context, especially that of Anthony Black, Cary Nederman and Francis Oakley, from which he develops three themes: the medieval preponderance of kingship and royal ideology; the relationship between Church and State; and the intersection of Latin Christianity and Greco-Roman antiquity. While age-old concerns, recent research in these areas has allowed us to move beyond simplistic platitudes.

For scholars of political theory and the history of political thought, De Regno will prove fascinating for the interplay of Aristotelian and Augustinian elements, undercutting the conventional wisdom that Aquinas was simply an Aristotelian. De Regno also includes an extended treatment of civil religion, one of Aquinas’ most historically-oriented discussions of politics.

A New Collection on Law and Christianity in Latin America

Earlier this fall, Routledge released a collection of essays on how Christianity has influenced the historical development of the law in that region, Law and Christianity in Latin America: The Work of Great Jurists. It looks to be a very helpful addition to the comparative study of law and religion. The editors are law professors M.C. Mirow (Florida International) and Rafael Domingo (Emory). Here’s the publisher’s description:

This volume examines the lives of more than thirty-five key personalities in Latin American law with a focus on how their Christian faith was a factor in molding the evolution of law in their countries and the region.

The book is a significant contribution to our ability to understand the work and perspectives of jurists and their effect on legal development in Latin America. The individuals selected for study exhibit wide-ranging areas of expertise from private law and codification, through national public law and constitutional law, to international developments that left their mark on the region and the world. The chapters discuss the jurists within their historical, intellectual, and political context. The editors selected jurists after extensive consultation with legal historians in various countries of the region looking at the jurist’s particular merits, contributions to law in general, religious perspective, and importance within the specific country and period under consideration. Giving the work a diversity of international and methodological perspectives, the chapters have been written by distinguished legal scholars and historians from Latin America and around the world.

The collection will appeal to scholars, lawyers, and students interested in the interplay between law and religion. Political, social, legal, and religious historians among other readers will find, for the first time in English, authoritative treatments of the region’s essential legal thinkers and authors. Students and other who may not read Spanish will appreciate these clear, accessible, and engaging English studies of the region’s great jurists.

Church as Foundation for State

For the second time in the last few weeks, I’ve come across a new book that argues that the Catholic Church was an important source of the foundational commitments and political structures of the contemporary European nation-state. The thesis is in some ways familiar from authoritative treatments by Berman in his “Law and Revolution,” but in others it is in considerable tension with a specific conception, still popular in some circles today, of church-state separation. This book, which looks quite interesting (soliciting Christmas gifts…), is Sacred Foundations: The Religious and Medieval Roots of the European State (Princeton UP), by Anna M. Grzymala-Busse.

Sacred Foundations argues that the medieval church was a fundamental force in European state formation. Existing accounts focus on early modern warfare or contracts between the rulers and the ruled. In contrast, this major study shows that the Catholic Church both competed with medieval monarchs and provided critical templates for governing institutions, the rule of law, and parliaments.

The Catholic Church was the most powerful, wealthiest, and best-organized political actor in the Middle Ages. Starting in the eleventh century, the papacy fought for the autonomy of the church, challenging European rulers and then claiming authority over people, territory, and monarchs alike. Anna Grzymała-Busse demonstrates how the church shaped distinct aspects of the European state. Conflicts with the papacy fragmented territorial authority in Europe for centuries to come, propagating urban autonomy and ideas of sovereignty. Thanks to its organizational advantages and human capital, the church also developed the institutional precedents adopted by rulers across Europe—from chanceries and taxation to courts and councils. Church innovations made possible both the rule of law and parliamentary representation.

Bringing to light a wealth of historical evidence about papal conflict, excommunications, and ecclesiastical institutions, Sacred Foundations reveals how the challenge and example of powerful religious authorities gave rise to secular state institutions and galvanized state capacity.

American Shtetl

Most of us who teach church and state courses are familiar with the Kiryas Joel case, decided almost 30 years ago, in which the Supreme Court ruled that a public school district drawn on religious lines violated the Establishment Clause. We’re a little late getting to it, but earlier this year Princeton published a book on the history of the Hasidic community that gave rise to the case.: American Shtetl: The Making of Kiryas Joel, A Hasidic Village in Upstate New York, by law professor Nomi Stolzenberg (USC) and historian David Myers (UCLA). Here’s the description from the publisher’s website:

Settled in the mid-1970s by a small contingent of Hasidic families, Kiryas Joel is an American town with few parallels in Jewish history—but many precedents among religious communities in the United States. This book tells the story of how this group of pious, Yiddish-speaking Jews has grown to become a thriving insular enclave and a powerful local government in upstate New York. While rejecting the norms of mainstream American society, Kiryas Joel has been stunningly successful in creating a world apart by using the very instruments of secular political and legal power that it disavows.

Nomi Stolzenberg and David Myers paint a richly textured portrait of daily life in Kiryas Joel, exploring the community’s guiding religious, social, and economic norms. They delve into the roots of Satmar Hasidism and its charismatic founder, Rebbe Joel Teitelbaum, following his journey from nineteenth-century Hungary to post–World War II Brooklyn, where he dreamed of founding an ideal Jewish town modeled on the shtetls of eastern Europe. Stolzenberg and Myers chart the rise of Kiryas Joel as an official municipality with its own elected local government. They show how constant legal and political battles defined and even bolstered the community, whose very success has coincided with the rise of political conservatism and multiculturalism in American society over the past forty years.

Timely and accessible, American Shtetl unravels the strands of cultural and legal conflict that gave rise to one of the most vibrant religious communities in America, and reveals a way of life shaped by both self-segregation and unwitting assimilation.

Why American Rationalism Failed

At First Things today, I review The Church of Saint Thomas Paine, a new history of 19th-century American rationalists. The book offers interesting and sometimes amusing portraits of these men and women, one of whom turns out to be my great-granduncle, M.M. Mangasarian (left), who founded his own rationalist congregation in Chicago in 1900. Mangasarian had initial (and unusual) success, but his “Independent Religious Society” ultimately failed, for the same reason all the rationalist societies failed: an inability to resolve basic incoherencies in the movement. Plus, the religion of science is a hard sell for Americans, who tend to believe in transcendent reality, even if they are skeptical of organized religion.

Here’s an excerpt:

Inspired by the French positivist Auguste Comte and the American transcendentalist Ralph Waldo Emerson, and taking the eighteenth-century freethinker Thomas Paine as a kind of patron saint, a small group of Americans attempted to found a rationalist “religion” with science as its highest authority. They started congregations in cities like New York, Chicago, and Portland; they held meetings on Sunday mornings to compete with Christian rivals; they even wrote catechisms and ran Sunday Schools to indoctrinate new members. All confidently believed they were the vanguard of a new, secular religion that would displace Christianity and promote human progress.

But the new religion failed. The congregations attracted few followers; typically, as one British humorist wrote, these were churches “of three persons, but no God.” Most fizzled out or merged with larger groups like the Unitarians. Other than cranks who seemed as credulous as the believers they mocked, Americans had little interest in Comte’s wedding and funeral ceremonies or the relics of secular saints. (In 1905, after a long quest, a small group of freethinkers placed something they claimed to be a piece of Thomas Paine’s brain, sold to them for five pounds by an obscure London bookseller, in a monument in New Rochelle.)

Schmidt shows that rationalist congregations failed because organizers never resolved basic inconsistencies. Rationalism valued science and rejected metaphysics. Why, then, collect relics and meet weekly for thinly disguised worship services? Moreover, rationalism “made intellectual independence and the displacement of all religious authorities foundational to its platform.” Paine himself had railed against organized religion, famously declaring, “my own mind is my own church.” Similarly, although Emerson had prophesied a new religion with “science” for its “symbol,” he insisted on individual spiritual autonomy: “I go for Churches of one.” What, then, was the point of joining a new religion, even a rationalist one? People who share only a commitment to radical individualism and an opposition to religious orthodoxy are unlikely to form an enduring community.

You can read the whole review here.

Protestant Traditionalism?

It is a kind of commonplace that Protestantism is anti-traditionalist in orientation, preferring a view in which unmediated, personal relationships with God and scripture are what matter, while Catholicism is traditionalist, emphasizing the accretion of authorities that mediate the connection between religious source and the believer. This is a story often told in relation to America’s own famed Protestant founding to suggest something about the distinctiveness of American religiosity.

But not so fast, says a new book that questions key features of the usual story, The Old Faith in a New Nation: American Protestants and the Christian Past (Oxford), by Paul J. Gutacker.

Conventional wisdom holds that tradition and history meant little to nineteenth-century American Protestants, who relied on common sense and “the Bible alone.” The Old Faith in a New Nation challenges this portrayal by recovering evangelical engagement with the Christian past. Even when they appeared to be most scornful toward tradition, most optimistic and forward-looking, and most confident in their grasp of the Bible, evangelicals found themselves returning, time and again, to Christian history. They studied religious historiography, reinterpreted the history of the church, and argued over its implications for the present. Between the Revolution and the Civil War, American Protestants were deeply interested in the meaning of the Christian past.

Paul J. Gutacker draws from hundreds of print sources-sermons, books, speeches, legal arguments, political petitions, and more-to show how ordinary educated Americans remembered and used Christian history. While claiming to rely on the Bible alone, antebellum Protestants frequently turned to the Christian past on questions of import: how should the government relate to religion? Could Catholic immigrants become true Americans? What opportunities and rights should be available to women? To African Americans? Protestants across denominations answered these questions not only with the Bible but also with history. By recovering the ways in which American evangelicals remembered and used Christian history, The Old Faith in a New Nation shows how religious memory shaped the nation and interrogates the meaning of “biblicism.”

A New Book on Catholicism and Human Rights

From Cambridge University Press, here is a new book on the often forgotten contribution of Catholic thought to human rights law: Catholic Cosmopolitanism and Human Rights, by scholar Leonard Francis Taylor (National University of Ireland–Galway). The publisher’s description follows:

It is because Catholicism played such a formative role in the construction of Western legal culture that it is the focal point of this enquiry. The account of international law from its origin in the treaties of Westphalia, and located in the writing of the Grotian tradition, had lost contact with another cosmopolitan history of international law that reappeared with the growth of the early twentieth century human rights movement. The beginnings of the human rights movement, grounded in democratic sovereign power, returned to that moral vocabulary to promote the further growth of international order in the twentieth century. In recognising this technique of periodically returning to Western cosmopolitan legal culture, this book endeavours to provide a more complete account of the human rights project that factors in the contribution that cosmopolitan Catholicism made to a general theory of sovereignty, international law and human rights.

  • Provides an engaging narrative on the integration of democratic and human rights norms into Catholicism, which in turn promoted those values through Christianity’s global reach
  • A valuable historical survey of Catholicism as a cosmopolitan project from the medieval to the modern era
  • Undertakes to provide a critical narrative of the development and direction of international law as it was characterised by Catholic preoccupations from the medieval and early modern era

The Religion of Unpolluted Human Ignorance (or, You’re Perfect Just the Way You Are)

I recently read, for the first time, Jean-Jacques Rousseau’s “Discourse on the Arts and Sciences,” regularly referred to as the “First Discourse” to distinguish it from the more famous, second “Discourse on the Origins and the Foundations of Inequality Among Mankind.” The First Discourse is a short thing, not more than 20 pages or so, but extraordinary in its biting observations on the positive wickedness and pretension of hubristic aspiration to scientific and humanistic knowledge and improvement. “That opaque veil with which Wisdom cloaked her actions should have warned us that we were not destined for a vain quest for knowledge. Is there a single one of her lessons from which we have profited or which we have neglected with impunity? Let all nations once and for all realize that nature wanted to protect us from knowledge, just as a mother snatches a dangerous weapon from the hands of her child. Let them know that all the secrets she hides from us are so many ills from which she protects us and that the very difficulty they encounter in searching for knowledge is not the least of her kindnesses. Men are perverse; but they would be far worse if they had had the misfortune to be born learned.”

The First Discourse ought to be read by everyone who is part of the knowledge class, as a bit of cold water on the pretensions of the ostensibly learned. But quite apart from its incisive criticisms (and there are quite a few), the First Discourse contains several themes that run through Rousseau’s broader body of work–especially the natural, unadulterated, internal goodness of humanity, the depravity and corrupting influence of social conditions and culture, and the importance of resisting this cultural pressure in being true to what or who one “really” is, uncorrupted by social expectations, knowledge, learning, and so on. As it happens, these are themes that are also crucial for understanding the present moment in American social and cultural life.

A new book, Rousseau’s God: Theology, Religion, and the Natural Goodness of Man (University of Chicago Press), by John T. Scott, develops many of these themes across Rousseau’s writing.

John T. Scott offers a comprehensive interpretation of Rousseau’s theological and religious thought, both in its own right and in relation to Rousseau’s broader oeuvre. In chapters focused on different key writings, Scott reveals recurrent themes in Rousseau’s views on the subject and traces their evolution over time. He shows that two concepts—truth and utility—are integral to Rousseau’s writings on religion. Doing so helps to explain some of Rousseau’s disagreements with his contemporaries: their different views on religion and theology stem from different understandings of human nature and the proper role of science in human life. Rousseau emphasizes not just what is true, but also what is useful—psychologically, morally, and politically—for human beings. Comprehensive and nuanced, Rousseau’s God is vital to understanding key categories of Rousseau’s thought.

Aquinas on Aristotle (Jerusalem on Athens?)

One of the most enjoyable parts (for me, at least!) of my “Jurisprudence, Justice, and Politics” course last year was reading selections of Aristotle and St. Thomas with my students, and observing both continuities and crucial differences in their accounts of law, virtue, justice, the good life, and so many others. These similarities and contrasts go very much to the heart of the “law and religion” project that our Center has as its mission. Here is what looks like a wonderful and deeply erudite new book by the late Fr. Leo Elders, an eminent scholar of Aquinas, on these very subjects: Reading Aristotle With Thomas Aquinas: His Commentaries on Aristotle’s Major Works (CUA Press), released early next year.

Reading Aristotle with Thomas Aquinas: His Commentaries on Aristotle’s Major Works offers an original and decisive work for the understanding of the thought of Thomas Aquinas. For decades his commentaries on the major works of Aristotle have been the subject of lively discussions. Are his commentaries faithful and reliable expositions of the Stagirite’s thought or do they contain Thomas’s own philosophy and are they read through the lens of Thomas’s own Christian faith and in doing so possibly distorting Aristotle?

In order to be able to provide clarity and offer a nuanced response to this question a careful study of all the relevant texts is needed. This is precisely what the author sets out do to in this work.

Each chapter is devoted to one of the twelve commentaries Thomas wrote on major works of Aristotle including both his massive and influential commentaries on the Metaphysics, Physics and Nicomachean Ethics as well as lesser known commentaries. Elders places Thomas’s commentary in its historical context, reviews the Greek, Arabic and Latin translation and reception of Aristotle’s text as well as contemporary interpretations thereof and presents the reader with a thorough presentation and analysis of the content of the commentary, drawing attention to all the places where Thomas intervenes and makes special observations. In this way the reader can study Aristotle’s treatises with Thomas as guide.

The conclusion reached is that Thomas’s commentaries are a masterful and faithful presentation of Aristotle’s thought and of that of Thomas himself. Thomas’s Christian faith does not falsify Aristotle’s text, but gives occasionally an outlook at what lies behind philosophical thought.

“My Faith in the Constitution is Whole”

As recently as a generation ago, America’s civil religion centered on the Constitution. A good example can be found in the speeches of progressive Congresswoman Barbara Jordan, famous as a member of the Watergate committee, who often referred to her “faith” in the Constitution as the guiding principle of her public life. Times change; it’s hard to imagine progressive politicians referring to the Constitution in such an uncomplicatedly affirmative way today. Readers can decide for themselves why that is so. The book is “My Faith in the Constitution is Whole”: Barbara Jordan and the Politics of Scripture, by Robin L. Owens (Mount Saint Mary’s University in Los Angeles). The publisher is the Georgetown University Press. Here’s the publisher’s description:

US Congresswoman Barbara Jordan is well-known as an interpreter and defender of the Constitution, particularly through her landmark speech during Richard Nixon’s 1974 impeachment hearings. However, before she developed faith in the Constitution, Jordan had faith in Christianity. In “My Faith in the Constitution is Whole”: Barbara Jordan and the Politics of Scripture, Robin L. Owens shows how Jordan turned her religious faith and her faith in the Constitution into a powerful civil religious expression of her social activism.

Owens begins by examining the lives and work of the nineteenth-century Black female orator-activists Maria W. Stewart and Anna Julia Cooper. Stewart and Cooper fought for emancipation and women’s rights by “scripturalizing,” or using religious scriptures to engage in political debate. Owens then demonstrates how Jordan built upon this tradition by treating the Constitution as an American “scripture” to advocate for racial justice and gender equality. Case studies of key speeches throughout Jordan’s career show how she quoted the Constitution and other founding documents as sacred texts, used them as sociolinguistic resources, and employed a discursive rhetorical strategy of indirection known as “signifying on scriptures.”

Jordan’s particular use of the Constitution—deeply connected with her background and religious, racial, and gender identity—represents the agency and power reflected in her speeches. Jordan’s strategies also illustrate a broader phenomenon of scripturalization outside of institutional religion and its rhetorical and interpretive possibilities.