Posted on by Marc O. DeGirolami · 1 Comment

Law & Religion’s Next Phase

Over the summer, I worked on an article (about which more soon) called “The Death and New Life of Law and Religion.” It is in part a historiography of the field, but it also argues that many of the concerns that motivated the field to emerge in the 1970s and 1980s are now at an end, at least insofar as their scholarly interest is concerned. No doubt, scholars, judges, and others will continue to wrangle over them for a variety of reasons. But the field feels to me like it is in transition–moving from one set of questions and objects toward another, or perhaps toward others. As these changes arrive, they will radiate outward, affecting many things. Including the work of this Center.

So I was delighted to see a new book out this fall by Rafael Domingo that appears to sound some similar themes, though with perhaps a different diagnosis, focus, and endpoint. The book is Law and Religion in a Secular Age (CUA Press).

Law and Religion in a Secular Age seeks to restore the connection between spirituality and justice, religion and law, theology and jurisprudence, and natural law and positive law by building a new bridge suitable for pluralistic societies in the secular age. The author argues for a multidimensional view of reality that includes legal, political, moral, and spiritual dimensions of human nature and society. Each of these dimensions of life needs to recognize the existence, influence, and function of the others, which act as a filter or check on the excesses of each other. This multidimensionality of reality clarifies why no legal theory can fully account for law from the legal dimension alone, just as no moral theory makes perfect sense of morality from the moral dimension—and, for that matter, nothing in physics can fully interpret the physical dimension of reality. The premises of a legal system cannot be fully explained by the legal dimension alone because the fundamental conditions and qualities of justice, freedom, and dignity touch all the dimensions of reality in which the human person acts, including the moral and the spiritual, not just the legal. Building on this multidimensional theory of reality, the author explores the core differences and the essential interconnections between law, morality, religion, and spirituality and some of the legal implications of these connections.

Rafael Domingo reminds readers of the vital role of religion in shaping the conceptual framework of Western legal systems, underscores the spirit of Christianity that inspired legal institutions, principles, and values, and recalls the contributions of specific Christian jurists as central figures for the development of justice in society.

Law and Religion in a Secular Age aims to be a valuable antidote against the dominant legal positivism that has cornered public morality, the defiant secularism that has marginalized religion, and any other legal doctrine that diminishes the spiritual dimension of law and justice.

Posted on by Mark Movsesian

The Decline and Fall of the American Empire?

Gibbon famously wrote that Christianity was partly responsible for the fall of the Roman Empire. By encouraging pacifism and other-worldliness, he argued, Christianity sapped Rome’s fighting spirit. Who knows? Correlation isn’t causation, after all, and anyway a Christian version of the empire survived another 1000 years in the east. But if the rise of Christianity explains Rome’s fall, what explains the apparent decline of the Pax Americana? Surely not the spread of Christian identity: the decline of American influence correlates with a decline in the percentage of Americans who identify as Christians. This week, Yale publishes a book that attempts to explain what’s going on, Why Empires Fall: Rome, America, and the Future of the West. The authors are historians Peter Heather (King’s College, London) and political economist John Rappley (Cambridge). Looks fascinating. Here’s the publisher’s description:

Over the last three centuries, the West rose to dominate the planet. Then, around the start of the new millennium, history took a dramatic turn. Faced with economic stagnation and internal political division, the West has found itself in rapid decline compared to the global periphery it had previously colonized. This is not the first time we have seen such a rise and fall: the Roman Empire followed a similar arc, from dizzying power to disintegration.

Historian Peter Heather and political economist John Rapley explore the uncanny parallels, and productive differences between ancient Rome and the modern West, moving beyond the tropes of invading barbarians and civilizational decay to unearth new lessons. From 399 to 1999, they argue, through the unfolding of parallel, underlying imperial life cycles, both empires sowed the seeds of their own destruction. Has the era of Western global domination indeed reached its end? Heather and Rapley contemplate what comes next.

Posted on by Marc O. DeGirolami

On a New Christian Humanism (in Education)

Last spring, I gave a talk called “Notes on a New Humanism in Legal Education,” organized by the Center for Law and the Human Person at Catholic University of America’s Columbus School of Law. In it, I argued that one possible model for the future of legal education might be take inspiration from the Christian humanist tradition of education pressed by various late medieval and early Renaissance thinkers (and ably described by Professor James Hankins, for example here and here).

So I was very interested to see this new book out in December, The Wisdom of Our Ancestors: Conservative Humanism and the Western Tradition (Notre Dame Press), by Graham James McAleer and Alexander S. Rosenthal-Pubul. The book presents an interesting intellectual reconstruction of the humanist tradition, offering up something the authors call “conservative humanism.” A book worth engaging.

In this book, Graham McAleer and Alexander Rosenthal-Pubul offer a renewed vision of conservatism for the twenty-first century. Taking their inspiration from the late Roger Scruton, the authors begin with a simple question: What, after all, is the meaning of conservatism? In reply, they make a case for a political orientation that they call “conservative humanism,” which threads a middle way between liberal universalism and its ideological alternatives. This vision of conservatism is rooted in the humanist tradition (that is, classical humanism, Christian humanism, and secular humanism), which the authors take to be the hallmark of Western civilizational identity. At its core, conservative humanism attempts to reconcile universal moral values (rooted in natural law) with local, particularist loyalties. In articulating this position, the authors show that the West—contra various contemporary critics—does, in fact, have a great deal of wisdom to offer.

The authors begin with an overview of the conservative thought world, situating their proposal relative to two major poles: liberalism and nationalism. They move on to show that conservatism must fundamentally take the form of a defense of humanism, the “master idea of our civilization.” The ensuing chapters articulate various aspects of conservative humanism, including its metaphysical, institutional, legal, philosophical, and economic dimensions. Largely rooted in the Anglo-Continental conservative tradition, the work offers fresh perspectives for North American conservatism.

Posted on by Mark Movsesian

Religious Accommodations: A New Comparative Study

Religious accommodations pose difficult questions for liberalism, since they require the balancing of two principles that are fundamental to it: freedom of conscience and equality before the law. A new book from Bloomsbury, Religious Accommodation and Its Limits, approaches the topic from a comparative perspective. The author is Farrah Raza (Pembroke College, Oxford). Here is the publisher’s description:

On what grounds should religious accommodation claims be limited? When do religious claims harm the autonomy of others?

This book proposes an original model of religious accommodation which can be applied in secular liberal democracies where religious diversity has been a hotly contested issue. Addressing the complex question of limitations to the right to Freedom of Religion or Belief and how these limitations might be determined, it examines how religious claims can harm the autonomy of others and emphasises the need for an appropriate balancing of competing interests. Drawing on a range of case study examples from jurisdictions including the US, Canada, the European Court of Human Rights, the European Union’s Court of Justice, the UK, Germany and France, this is a timely contribution to the debate on how a legal duty or policy approach in favour of religious accommodation can be applied in practice. Moreover, the proposed model offers criteria that may be used to guide the implementation of equality and diversity policies in contexts such as employment and education. The book will be of interest to academics, legal practitioners and policy-makers in the field.

Posted on by Mark Movsesian

Pentecostalism and Education

Private religious education and home schooling are booming, a consequence of recent Supreme Court opinions on state funding, the failure of public schools during the Covid pandemic, the ongoing culture wars, and many other factors. One thinks of private religious education mostly in terms of traditional religious bodies and, within Christianity, in terms of Catholics and Evangelicals. A forthcoming book from Rowman and Littlefield suggests that Pentecostal Christianity, which is growing fast across the globe, will also be important in the private religious schools movement. The book is Pentecostal and Charismatic Education: Renewalist Education Wherever It Is Found, by William K. Kay (King’s College London) and Ewen H. Butler (Regent University). Here’s the publisher’s description:

The enormous Pentecostal and charismatic movement—often called Renewalist—has highlighted the power of the Holy Spirit but has rarely emphasized the movement’s educational range and reach. Formal and informal teaching in many schools, colleges, seminaries, church campuses, homes, and parachurches all contribute to a scattered and varied teaching impetus. Pentecostal and Charismatic Education: Renewalist Education Wherever it is Found looks at education through the eyes of those who see God at work in the world through the church and beyond. The book explores questions like: What should parents look for in a child’s education and what choices do they have? What educational role can churches have? This book offers a worldview invested with traditional Christian theology, but also enlivened by an understanding of the continuing outpouring of the Holy Spirit.

Posted on by Marc O. DeGirolami

Christianity as Knowledge Creator

Here is what looks like a fascinating new book on how societies come to generate knowledge. The argument appears to be that a Christian theological framework in the late Roman Empire influenced many other domains of knowledge production and acquisition, including literature, law, politics, science, and others. It is a book about the relationship of Christianity and the creation of knowledge and meaning in other areas of human life.

The book is The Christianization of Knowledge in Late Antiquity: Intellectual and Material Transformations (Cambridge University Press), by Mark Letteney.

The Christianization of Knowledge in Late Antiquity: Intellectual and Material Transformations traces the beginning of Late Antiquity from a new angle. Shifting the focus away from the Christianization of people or the transformation of institutions, Mark Letteney interrogates the creation of novel and durable structures of knowledge across the Roman scholarly landscape, and the embedding of those changes in manuscript witnesses. Letteney explores scholarly productions ranging from juristic writings and legal compendia to theological tractates, military handbooks, historical accounts, miscellanies, grammatical treatises, and the Palestinian Talmud. He demonstrates how imperial Christianity inflected the production of truth far beyond the domain of theology — and how intellectual tools forged in the fires of doctrinal controversy shed their theological baggage and came to undergird the great intellectual productions of the Theodosian Age, and their material expressions. Letteney’s volume offers new insights and a new approach to answering the perennial question: What does it mean for Rome to become Christian?

Posted on by Mark Movsesian

A New Collection on Islam in Europe

The idea that Europe, at least Western Europe, is “post Christian” is not a new one. The phrase typically means that Christianity no longer is the default option for Western Europeans. In the new Europe, Christianity is just one of many religious and non-religious commitments out there. One such commitment, of course, is Islam, the religion of millions of people who live in Western Europe today. A new collection from Bloomsbury, Islam, Religious Liberty, and Constitutionalism in Europe, explores the challenges that Islam poses to church-state relations in contemporary Europe. The editors are our friend Mark Hill (Cardiff University) and Lina Papadopoulou (Aristotle University of Thessaloniki); one of the contributors is our friend and Tradition Project member, Andrea Pin (Padova). Looks very worthwhile. The publisher’s description follows:

For centuries, since the Roman Empire’s adoption of Christianity, the continent of Europe has been perceived as something of a Christian fortress. Today, the increase in the number of Muslims living in Europe and the prominence of Islamic belief pose questions not only for Europe’s religious traditions but also for its constitutional make up. This book examines these challenges within the legal and political framework of Europe. 

The volume’s contributors range from academics at leading universities to former judges and politicians. Its twenty chapters focus on constitutional challenges, human rights with a focus on religious freedom, and securitisation and Islamophobia, while adopting supranational and comparative approaches. 

This book will appeal not merely to law students in the United Kingdom and the European Union, but to anyone involved in diplomacy and international relations, including political scientists, lobbyists, and members of NGOs. It explores these contested relationships to open up new spaces in how we think about religious freedom and co-existence in Europe and the crucial role that Islam has had, and continues to have, in its development.

Posted on by Marc O. DeGirolami

Gray on Liberalism

John Gray has been an insightful critic of various features of, or tendencies in, political liberalism for decades. Whether it be the problem of evil in the modern world, the extent to which law is merely an artifact of state power rather than “a free-standing institution towering majestically above the chaos of human conflict,” the stubborn hope of a “secular eschatology,” or the by now largely discarded “agonistic liberalism” of Isaiah Berlin, Gray’s arguments have been consistently interesting and provocative (though rather bleak).

Here is a new book out this November by Gray targeting the heart of his work over the years, though one with evident (and, I think, rightful) praise for one of the major figures in liberalism, Thomas Hobbes: The New Leviathans: Thoughts After Liberalism (Macmillan). Sure to be greatly engaging and provocative.

Ever since its publication in 1651, Thomas Hobbes’s Leviathan has unsettled and challenged how we understand the world. Condemned and vilified by each new generation, his cold political vision continues to see through any number of human political and ethical vanities.

In his wonderfully stimulating book The New Leviathans, John Gray allows us to understand the world of the 2020s with all its contradictions, moral horrors, and disappointments. The collapse of the USSR ushered in an era of near apoplectic triumphalism in the West: a genuine belief that a rational, liberal, well-managed future now awaited humankind and that tyranny, nationalism, and unreason lay in the past. Since then, so many terrible events have occurred and so many poisonous ideas have flourished, and yet our liberal certainties treat them as aberrations that will somehow dissolve. Hobbes would not be so confident.

Filled with fascinating and challenging observations, The New Leviathans is a powerful meditation on historical and current folly. As a species we always seem to be struggling to face the reality of base and delusive human instincts. Might a more self-aware, realistic, and disabused ethics help us?

Posted on by Mark Movsesian · 1 Comment

Justice after War

I’m no expert, but it seems to me that most discussion of Just War Theory has to do with the reasons for starting a war and how one should prosecute a war once it has begun. A new book from Catholic University Press focuses on a different problem: how the victor should behave when a war is over. Looks very interesting. The book is Justice after War: Jus Post Bellum in the 21st Century. The author is theologian David Chiwon Kwon (Seattle University). Here’s the publisher’s description:

Justice After War is aimed especially to both undergraduate and graduate students, as well as the general audience who want to understand the significance of a recent development within the just war tradition, namely, the increasing attention given to the category of jus post bellum (postwar justice and peace). While examining the interrelated challenges of moral and social norms in both political and legal domains, as well as church practices, this work proposes an innovative methodology for linking theology, ethics, and social science so that the ideal and the real can inform each other in the ethics of war and peacebuilding. The main task of this project, then, is to identify what the author views as three key themes of jus post bellum, and three practices that are essential to implementing jus post bellum immediately after a war: just policing, just punishment, and just political participation.

David Kwon endeavors to challenge the view of those who suggest that reconciliation, mainly political reconciliation, is the foremost ambition of jus post bellum. Instead, he attempts to justify the proposition that achieving just policing, just punishment, and just political participation are essential to building a just peace, a peace in which the fundamental characteristic must be human security. It thus demonstrates that human security is an oft-neglected theme in the recent discourse of moral theologians and that a more balanced understanding of jus post bellum will direct attention to the elements composing human security in a postwar context.

Posted on by Mark Movsesian

Communalism in the Indian Constitution

Liberalism privileges the individual and teaches that the state is legitimate when it honors individual rights–including the right to religious freedom. A much older understanding conceives the polity in terms of communities, including religious communities, and teaches that the state has a duty to coordinate relations among them justly. An interesting-looking new book from Cambridge, India’s Communal Constitution: Law, Religion, and the Making of a People, argues that both understandings prevail in contemporary India: a formal liberalism and a practical communalism. The author is constitutional scholar Mathew John (Jindal Global Law School, India). Here is the description from Cambridge’s website:

This book speaks to debates on law, constitutionalism, and the contested terrain of political identity in modern India. Set against the overwhelmingly liberal design of the Indian Constitution, the book demonstrates a tendency in the Constitution and its practice to identify the Indian people in parochial and communal terms. This tendency is identified as India’s Communal Constitution and its imprint on contemporary constitutional practice is illustrated by drawing on the constitutional practice as it addresses religious freedom, personal law, minority rights and the identification of caste groups. Thus, casting the Constitution and its practice as a field of contest, the aspiration to define the Indian people as a community of individual citizens is brought face to face with its antagonists. The most significant of these antagonists is the tendency to cast the Indian people as a collection of communities which this book examines and details as India’s Communal Constitution.