Ventimiglia, Copyrighting God

Here’s a pretty neat new book at the crossroads of religion and copyright law. Just as the Copyrightcorporate form can foster certain forms of cultural and civic association, so can the laws governing ownership of original artistic and literary work. The book is Copyrighting God: Ownership of the Sacred in American Religion, by Andrew Ventimiglia (CUP).

Copyrighting God provides the first detailed account of how American religious organizations used copyright in sacred texts not simply for economic gain but also for social organization and control. Including chapters on the angelic authorship of The Urantia Book, Mary Baker Eddy’s use of copyright to construct the Christian Science Church, interdenominational disputes in the Worldwide Church of God, and the Church of Scientology’s landmark lawsuits against Internet service providers, this book examines how religious copyright owners mobilized the law in order to organize communities, protect sacred goods, produce new forms of spiritual identity, and even enchant the material world. In doing so, this book demonstrates that these organizations all engaged in complex efforts to harmonize legal arguments and theological rationales in order to care for and protect religious media, thereby coming to a nuanced understanding of secular law as a resource for, and obstacle to, their unique spiritual objectives.

Murphy, William Penn: A Life

Many of the most interesting controversies concerning religious accommodation in the Pennearly American republic concerned the treatment of Quakers. An excellent treatment of some of the issues is Philip Hamburger’s Emory Law Journal piece, “Religious Freedom in Philadelphia.” Here is a new biography of William Penn, a crucial figure in Pennsylvania history and the history of religious freedom in general, who himself converted to Quakerism. The book is William Penn: A Life, by political scientist Andrew R. Murphy (Oxford University Press).

On March 4, 1681, King Charles II granted William Penn a charter for a new American colony. Pennsylvania was to be, in its founder’s words, a bold “Holy Experiment” in religious freedom and toleration, a haven for those fleeing persecution in an increasingly intolerant England and across Europe. An activist, political theorist, and the proprietor of his own colony, Penn would become a household name in the New World, despite spending just four years on American soil.

Though Penn is an iconic figure in both American and British history, controversy swirled around him during his lifetime. In his early twenties, Penn became a Quaker–an act of religious as well as political rebellion that put an end to his father’s dream that young William would one day join the English elite. Yet Penn went on to a prominent public career as a Quaker spokesman, political agitator, and royal courtier. At the height of his influence, Penn was one of the best-known Dissenters in England and walked the halls of power as a close ally of King James II. At his lowest point, he found himself jailed on suspicion of treason, and later served time in debtor’s prison.

Despite his importance, William Penn has remained an elusive character–many people know his name, but few know much more than that. Andrew R. Murphy offers the first major biography of Penn in more than forty years, and the first to make full use of Penn’s private papers. The result is a complex portrait of a man whose legacy we are still grappling with today. At a time when religious freedom is hotly debated in the United States and around the world, William Penn’s Holy Experiment serves as both a beacon and a challenge.

Around the Web

Here are some important law-and-religion news stories from around the web:

Patel, Out of Many Faiths: Religious Diversity and the American Promise

Here’s a new book by one of the former members of President Barack Obama’s AdvisoryPatel Council on Faith-Based Neighborhood Partnerships and a frequent writer about and defender of religious diversity, Eboo Patel: Out of Many Faiths: Religious Diversity and the American Promise (Princeton University Press). This style of advocacy for American religious freedom and diversity was once mainstream, but recently I have seen less of it on both the left and right. It would be interesting to ask the author why that might be. One worth checking out (and congratulations to our friend and Fall 2018 Colloquium in Law and Religion participant, John Inazu, for his contribution to the book).

America is the most religiously devout country in the Western world and the most religiously diverse nation on the planet. In today’s volatile climate of religious conflict, prejudice, and distrust, how do we affirm the principle that the American promise is deeply intertwined with how each of us engages with people of different faiths and beliefs? Eboo Patel, former faith adviser to Barack Obama and named one of America’s best leaders by U.S. News & World Report, provides answers to this timely and consequential question.

In this inspiring and thought-provoking book, Patel draws on his personal experience as a Muslim in America to examine broader questions about the importance of religious diversity in the cultural, political, and economic life of the nation. He explores how religious language has given the United States some of its most enduring symbols and inspired many of its most vital civic institutions—and demonstrates how the genius of the American experiment lies in its empowerment of people of all creeds, ethnicities, and convictions.

Will America’s identity as a Judeo-Christian nation shift as citizens of different backgrounds grow in numbers and influence? In what ways will minority religious communities themselves change as they take root in American soil? In addressing these and other questions, Patel shows how America’s promise is the guarantee of equal rights and dignity for all, and how that promise is the foundation of America’s unrivalled strength as a nation. Incisive commentaries by John Inazu, Robert Jones, and Laurie Patton consider critical issues of American civil religion, faith and law, and the increase in the number of nonreligious Americans.

Pillar, “Why America Misunderstands the World”

9780231165914Americans, Winston Churchill supposedly said, can always be trusted to do the right thing, once they have exhausted all the other options. A forthcoming book from Columbia University Press argues that Americans typically make mistakes in foreign policy because we misperceive the world: Why America Misunderstands the World: National Experience and the Roots of Misperception, by Paul R. Pillar (Georgetown). Readers will have to judge for themselves. But it does occur to me that our lack of experience with deep and lasting religious conflict makes us tend to downplay the reality and significance of such conflict where it does exist–for, example, as the author suggests, in postwar Iraq. Here is the description from the publisher’s website:

Being insulated by two immense oceans makes it hard for Americans to appreciate the concerns of more exposed countries. American democracy’s rapid rise also fools many into thinking the same liberal system can flourish anywhere, and having populated a vast continent with relative ease impedes Americans’ understanding of conflicts between different peoples over other lands. Paul R. Pillar ties the American public’s misconceptions about foreign threats and behaviors to the nation’s history and geography, arguing that American success in international relations is achieved often in spite of, rather than because of, the public’s worldview.

Drawing a fascinating line from colonial events to America’s handling of modern international terrorism, Pillar shows how presumption and misperception turned Finlandization into a dirty word in American policy circles, bolstered the “for us or against us” attitude that characterized the policies of the George W. Bush administration, and continue to obscure the reasons behind Iraq’s close relationship with Iran. Fundamental misunderstandings have created a cycle in which threats are underestimated before an attack occurs and then are overestimated after they happen. By exposing this longstanding tradition of misperception, Pillar hopes the United States can develop policies that better address international realities rather than biased beliefs.

New Video: The Future of Religious Freedom

The folks at Princeton’s James Madison Program have uploaded the video of my talk there last May on on the future of religious freedom in America. I discuss the rise of the Nones; the growth of the administrative state; our expanding notions of equality; even Tocqueville and pantheism. Oh, I also make some predictions about the then-undecided Masterpiece Cakeshop case, which were not too far off, actually. (That happens now and then). People who are interested can access the video on the Madison Program’s site, or here on our Videos page. Other panelists include John J. DiIulio, Jr. (Penn), Michael Stokes Paulsen (St. Thomas), and Katrina Lantos Swett (Lantos Foundation). Thanks again to the Madison Program for inviting me!

Abramowitz, “The Great Alignment”

c12fe7bbfbb068920e7b30c9232dd9d0It often seems today that American society is coming apart. Our political, racial, and religious divisions seem ever more bitter and our capacity for goodwill and compromise ever more weak. Of course, this may only be a matter of perspective. Things might not be so bleak, or unusual. American society has been near fracture before. We had a civil war, in case people have forgotten. I heard someone say the other day that no one has ever accused a sitting president of treason before now; the person must never have heard of George Washington. And things looked awfully ominous in the 1960s. Perhaps our divisions only seem more pronounced than they have been . Perhaps, if we took a proper, historical view, today’s fissures wouldn’t be as worrying.

Well, a new book released today from Yale University Press maintains that we are right to be very worried, that our political, racial and religious divisions really are new and more bitter. The book is The Great Alignment: Race, Party Transformation, and the Rise of Donald Trump, by political scientist Alan I. Abramowitz (Emory). Readers can decide for themselves. Here’s the publisher’s description:

Alan I. Abramowitz has emerged as a leading spokesman for the view that our current political divide is not confined to a small group of elites and activists but a key feature of the American social and cultural landscape. The polarization of the political and media elites, he argues, arose and persists because it accurately reflects the state of American society. Here, he goes further: the polarization is unique in modern U.S. history. Today’s party divide reflects an unprecedented alignment of many different divides: racial and ethnic, religious, ideological, and geographic. Abramowitz shows how the partisan alignment arose out of the breakup of the old New Deal coalition; introduces the most important difference between our current era and past eras, the rise of “negative partisanship”; explains how this phenomenon paved the way for the Trump presidency; and examines why our polarization could even grow deeper. This statistically based analysis shows that racial anxiety is by far a better predictor of support for Donald Trump than any other factor, including economic discontent.

Blowers, “Maximus the Confessor”

9780199673957Here is a new paperback from Oxford about a Christian saint and theologian famous for resisting the power of the state: Maximus the Confessor: Jesus Christ and the Transfiguration of the World, by church historian Paul M. Blowers (Emmanuel Christian Seminary). Maximus, who began his career as a high imperial official, was important during the Monothelite Controversy of the seventh century. The details of that abstruse theological and political debate are not important, at least to most Christians today, but Monotheletism was an imperial attempt to reconcile Chalcedonian and Non-Chalcedonian Christians. Like all such attempts, it failed, largely because of intransigence on both sides. Maximus strongly adhered to the pro-Chalcedonian position and counseled against compromise, which landed him in trouble with the emperor, who had him tortured and exiled for heresy. Shortly after his death, though, Maximus’s position prevailed within the empire, and he was named a saint. Personally, I regard Maximus’s inflexibility, and those of his counterparts on the other side, with some regret. The theological differences between Chalcedonian and Non-Chalcedonian Christians are narrow and should not be so difficult to resolve; that we have not been able to do so across centuries is a continuing scandal. But one has to admire Maximus’s integrity in resisting the state, even at the cost of harrowing physical pain. The authorities cut out his tongue and amputated his writing hand so that he could no longer spread his views. The description of the book from the publisher’s website follows:

This study contextualizes the achievement of a strategically crucial figure in Byzantium’s turbulent seventh century, the monk and theologian Maximus the Confessor (580-662). Building on newer biographical research and a growing international body of scholarship, as well as on fresh examination of his diverse literary corpus, Paul Blowers develops a profile integrating the two principal initiatives of Maximus’s career: first, his reinterpretation of the christocentric economy of creation and salvation as a framework for expounding the spiritual and ascetical life of monastic and non-monastic Christians; and second, his intensifying public involvement in the last phase of the ancient christological debates, the monothelete controversy, wherein Maximus helped lead an East-West coalition against Byzantine imperial attempts doctrinally to limit Jesus Christ to a single (divine) activity and will devoid of properly human volition. Blowers identifies what he terms Maximus’s “cosmo-politeian” worldview, a contemplative and ascetical vision of the participation of all created beings in the novel politeia, or reordered existence, inaugurated by Christ’s “new theandric energy”. Maximus ultimately insinuated his teaching on the christoformity and cruciformity of the human vocation with his rigorous explication of the precise constitution of Christ’s own composite person. In outlining this cosmo-politeian theory, Blowers additionally sets forth a “theo-dramatic” reading of Maximus, inspired by Hans Urs von Balthasar, which depicts the motion of creation and history according to the christocentric “plot” or interplay of divine and creaturely freedoms. Blowers also amplifies how Maximus’s cumulative achievement challenged imperial ideology in the seventh century—the repercussions of which cost him his life-and how it generated multiple recontextualizations in the later history of theology.

Kaplan, “Our American Israel”

9780674737624-lgA forthcoming book from Harvard University Press discusses America’s identification with Israel: Our American Israel: The Story of an Entangled Alliance, by University of Pennsylvania English professor Amy Kaplan. The author identifies several elements in post-war America that have led to the strong identification most Americans feel with the Jewish state, including the sense of biblical destiny. But Americans’ identification with Israel goes way back. American Protestantism has strongly identified with the Jews ever since the Puritans–just think of all those Old Testament names in New England. Even Thomas Jefferson wanted to make the story of the Exodus part of our national seal. Now that Israel is a nation state, the sense of common identity takes a somewhat different form, but it has been with us from the beginning. Here is the book’s description from the Harvard website:

An essential account of America’s most controversial alliance that reveals how the United States came to see Israel as an extension of itself, and how that strong and divisive partnership plays out in our own time.

Our American Israel tells the story of how a Jewish state in the Middle East came to resonate profoundly with a broad range of Americans in the twentieth century. Beginning with debates about Zionism after World War II, Israel’s identity has been entangled with America’s belief in its own exceptional nature. Now, in the twenty-first century, Amy Kaplan challenges the associations underlying this special alliance.

Through popular narratives expressed in news media, fiction, and film, a shared sense of identity emerged from the two nations’ histories as settler societies. Americans projected their own origin myths onto Israel: the biblical promised land, the open frontier, the refuge for immigrants, the revolt against colonialism. Israel assumed a mantle of moral authority, based on its image as an “invincible victim,” a nation of intrepid warriors and concentration camp survivors. This paradox persisted long after the Six-Day War, when the United States rallied behind a story of the Israeli David subduing the Arab Goliath. The image of the underdog shattered when Israel invaded Lebanon and Palestinians rose up against the occupation. Israel’s military was strongly censured around the world, including notes of dissent in the United States. Rather than a symbol of justice, Israel became a model of military strength and technological ingenuity.

In America today, Israel’s political realities pose difficult challenges. Turning a critical eye on the turbulent history that bound the two nations together, Kaplan unearths the roots of present controversies that may well divide them in the future.

Rupke, “Pantheon”

9780691156835Earlier this year, Princeton released a new work on religion in Ancient Rome that looks quite interesting. The book is Pantheon: A New History of Roman Religion, by German religious studies scholar Jörg Rüpke (University of Erfurt). Ancient Rome did not separate religion from government, as we do today. The emperor held the title of Pontifex Maximus, the greatest bridge-builder between the gods and men; visitors to the Capitoline Museum today can see, in one of the museum’s staircases, a wonderful bas-relief of the Emperor Marcus Aurelius performing a sacrifice in that role. Indeed, it is only the liberal societies of the West (and their imitators in other parts of the world) that have attempted to separate religion from the state, typically in an attempt to squelch the power of Christianity. The liberal project is feeling some strain just now; one wonders whether, if liberalism really does fade away, Western societies will return to the older model, with religion at the center of public life. But what religion would that be? Anyway, here is the description of the book from the publisher’s website:

From one of the world’s leading authorities on the subject, an innovative and comprehensive account of religion in the ancient Roman and Mediterranean world

In this ambitious and authoritative book, Jörg Rüpke provides a comprehensive and strikingly original narrative history of ancient Roman and Mediterranean religion over more than a millennium—from the late Bronze Age through the Roman imperial period and up to late antiquity. While focused primarily on the city of Rome, Pantheon fully integrates the many religious traditions found in the Mediterranean world, including Judaism and Christianity. This generously illustrated book is also distinguished by its unique emphasis on lived religion, a perspective that stresses how individuals’ experiences and practices transform religion into something different from its official form. The result is a radically new picture of both Roman religion and a crucial period in Western religion—one that influenced Judaism, Christianity, Islam, and even the modern idea of religion itself.

Drawing on a vast range of literary and archaeological evidence, Pantheon shows how Roman religion shaped and was shaped by its changing historical contexts from the ninth century BCE to the fourth century CE. Because religion was not a distinct sphere in the Roman world, the book treats religion as inseparable from political, social, economic, and cultural developments. The narrative emphasizes the diversity of Roman religion; offers a new view of central concepts such as “temple,” “altar,” and “votive”; reassesses the gendering of religious practices; and much more. Throughout, Pantheon draws on the insights of modern religious studies, but without “modernizing” ancient religion.

With its unprecedented scope and innovative approach, Pantheon is an unparalleled account of ancient Roman and Mediterranean religion.