Hearing at ECtHR in Spanish Church Autonomy Case

This has been a busy law-and-religion news week in the United States, but there was a major story at the European Court of Human Rights as well. On Wednesday, the Grand Chamber heard argument in Fernández Martínez v. Spain, a case that could have major implications for church autonomy in Europe.

Under the 1979 Concordat between Spain and the Holy See, public schools in Spain must offer optional classes in Catholicism. The instructors are public employees, but must be approved by local bishops. In Fernández Martínez, a public school refused to renew the contract of one such teacher, a married, laicized priest named José Fernández Martínez, after the local bishop voiced his objections. The bishop argued that Fernández Martínez had “given scandal,” an offense under canon law, by allowing himself to be photographed by a newspaper, along with his family, at a meeting of a group calling for optional priestly celibacy. Fernández Martínez claimed that the dismissal violated his rights to privacy, family life, and expression, but the Spanish Constitutional Court and, last May, a chamber of the ECtHR, disagreed. He then sought review in the Grand Chamber.

Wednesday’s hearing was interesting and, at times, fiery. The government presented the case as a straightforward matter of religious autonomy and state neutrality. The bishop had objected to Fernández Martínez on religious grounds, it explained; given the terms of the Concordat, the government had no choice but to defer. The government surely could not second-guess the bishop’s conclusion that someone charged with teaching Catholicism had violated religious law.  The government emphasized that the Church did not have Read more

Schieber, Conway, and McCarthy, “Where Justice and Mercy Meet”

Where Justice and Mercy MeetThis February, Liturgical Press will publish Where Justice and Mercy Meet (2013) edited by Vicki Schieber (Catholic Mobilizing Network), Trudy D. Conway (Mount St. Mary’s University), and David Matzko McCarthy (Mount St. Mary’s University). The publisher’s description follows.

 Where Justice and Mercy Meet: Catholic Opposition to the Death Penalty comprehensively explores the Catholic stance against capital punishment in new and important ways. The broad perspective of this book has been shaped in conversation with the Catholic Mobilizing Network to End the Use of the Death Penalty, as well as through the witness of family members of murder victims and the spiritual advisors of condemned inmates.

 The book offers the reader new insight into the debates about capital punishment; provides revealing, and sometimes surprising, information about methods of execution; and explores national and international trends and movements related to the death penalty. It also addresses how the death penalty has been intertwined with racism, the high percentage of the mentally disabled on death row, and how the death penalty disproportionately affects the poor.

 The foundation for the church’s position on the death penalty is illuminated by discussion of the life and death of Jesus, Scripture, the Mass, the Catechism of the Catholic Church, and the teachings of Pope John Paul II. Written for concerned Catholics and other interested readers, the book contains contemporary stories and examples, as well as discussion questions to engage groups in exploring complex issues.

Conference on Christian Legal Thought (Jan 5)

For CLR Forum readers attending the AALS Meeting in New Orleans this weekend, the annual Lumen Christi Conference on Christian Legal Thought will take place on Saturday, January 5. This year’s meeting will focus on a recent statement on the nature of law by Evangelical and Catholic scholars and will include speakers from non-Christian perspectives as well. Details are here.

Michelson, “The Pulpit and the Press in Reformation Italy”

This looks like an absolutely terrific book about the intellectual work of theThe Pulpit and the Press Italian clergy “in the public square” at a time of great political and social turmoil, The Pulpit and the Press in Reformation Italy (Harvard 2013), by Emily Michelson (St. Andrews).  The historical importance of the American political sermon has been understudied as well, though this is slowly changing (for me, Michael McConnell’s work has been helpful in bringing these fascinating texts to light, though others have written about them as well).  From the description below, it also appears that Professor Michelson usefully puts into some question the dichotomy that one often hears: Americans “choose” their religion while Europeans are “born into” theirs.  At any rate, I am greatly looking forward to reading Professor Michelson’s book.  The publisher’s description follows.

Italian preachers during the Reformation era found themselves in the trenches of a more desperate war than anything they had ever imagined. This war—the splintering of western Christendom into conflicting sects—was physically but also spiritually violent. In an era of tremendous religious convolution, fluidity, and danger, preachers of all kinds spoke from the pulpit daily, weekly, or seasonally to confront the hottest controversies of their time. Preachers also turned to the printing press in unprecedented numbers to spread their messages.

Emily Michelson challenges the stereotype that Protestants succeeded in converting Catholics through superior preaching and printing. Catholic preachers were not simply reactionary and uncreative mouthpieces of a monolithic church. Rather, they deftly and imaginatively grappled with the question of how to preserve the orthodoxy of their flock and maintain the authority of the Roman church while also confronting new, undeniable lay demands for inclusion and participation.

These sermons—almost unknown in English until now—tell a new story of the Reformation that credits preachers with keeping Italy Catholic when the region’s religious future seemed uncertain, and with fashioning the post-Reformation Catholicism that thrived into the modern era. By deploying the pulpit, pen, and printing press, preachers in Italy created a new religious culture that would survive in an unprecedented atmosphere of competition and religious choice.

Sowerby, “Making Toleration: The Repealers and the Glorious Revolution”

Speaking of the use of religious convictions in the construction of political Making Tolerationarguments, here is a very interesting book in the history of ideas involving the concept of toleration in the era of James II before the Glorious Revolution of 1688 and the Act of Toleration of 1689 — Making Toleration: The Repealers and the Glorious Revolution, by Scott Sowerby (Northwestern), available in early 2013 from Harvard University Press.  The publisher’s description follows.

In the reign of James II, minority groups from across the religious spectrum, led by the Quaker William Penn, rallied together under the Catholic King James in an effort to bring religious toleration to England. Known as repealers, these reformers aimed to convince Parliament to repeal laws that penalized worshippers who failed to conform to the doctrines of the Church of England. Although the movement was destroyed by the Glorious Revolution, it profoundly influenced the post-revolutionary settlement, helping to develop the ideals of tolerance that would define the European Enlightenment.

Based on a rich array of newly discovered archival sources, Scott Sowerby’s groundbreaking history rescues the repealers from undeserved obscurity, telling the forgotten story of men and women who stood up for their beliefs at a formative moment in British history. By restoring the repealer movement to its rightful prominence, Making Toleration also overturns traditional interpretations of King James II’s reign and the origins of the Glorious Revolution. Though often depicted as a despot who sought to impose his own Catholic faith on a Protestant people, James is revealed as a man ahead of his time, a king who pressed for religious toleration at the expense of his throne. The Glorious Revolution, Sowerby finds, was not primarily a crisis provoked by political repression. It was, in fact, a conservative counter-revolution against the movement for enlightened reform that James himself encouraged and sustained.

O’Malley, “Trent: What Happened at the Council”

The Counter-Reformation Council of Trent (1545-1563) had a major impact on the canons of the Catholic Church, including regulations concerning marriage and papal authority. This week, Harvard University Press is releasing a new study of the council by Georgetown University Professor John W. O’Malley, Trent: What Happened at the Council (2013). The publisher’s description follows:

The Council of Trent (1545–1563), the Catholic Church’s attempt to put its house in order in response to the Protestant Reformation, has long been praised and blamed for things it never did. Now, in this first full one-volume history in modern times, John W. O’Malley brings to life the volatile issues that pushed several Holy Roman emperors, kings and queens of France, and five popes—and all of Europe with them—repeatedly to the brink of disaster.

During the council’s eighteen years, war and threat of war among the key players, as well as the Ottoman Turks’ onslaught against Christendom, turned the council into a perilous enterprise. Its leaders declined to make a pronouncement on war against infidels, but Trent’s most glaring and ironic silence was on the authority of the papacy itself. The popes, who reigned as Italian monarchs while serving as pastors, did everything in their power to keep papal reform out of the council’s hands—and their power was considerable. O’Malley shows how the council pursued its contentious parallel agenda of reforming the Church while simultaneously asserting Catholic doctrine.

Like What Happened at Vatican II, O’Malley’s Trent: What Happened at the Council strips mythology from historical truth while providing a clear, concise, and fascinating account of a pivotal episode in Church history. In celebration of the 450th anniversary of the council’s closing, it sets the record straight about the much misunderstood failures and achievements of this critical moment in European history.

Fallaw, “Religion and State Formation in Postrevolutionary Mexico”

In January, Duke University Press will publish Religion and State Formation in Postrevolutionary Mexico by Ben Fallaw (Colby College).  The publisher’s description follows.

The religion question—the place of the Church in a Catholic country after an anticlerical revolution—profoundly shaped the process of state formation in Mexico. From the end of the Cristero War in 1929 until Manuel Ávila Camacho assumed the presidency in late 1940 and declared his faith, Mexico’s unresolved religious conflict roiled regional politics, impeded federal schooling, undermined agrarian reform, and flared into sporadic violence, ultimately frustrating the secular vision shared by Plutarco Elías Calles and Lázaro Cárdenas.

Ben Fallaw argues that previous scholarship has not appreciated the pervasive influence of Catholics and Catholicism on postrevolutionary state formation. By delving into the history of four understudied Mexican states, he is able to show that religion swayed regional politics not just in states such as Guanajuato, in Mexico’s central-west “Rosary Belt,” but even in those considered much less observant, including Campeche, Guerrero, and Hidalgo. Religion and State Formation in Postrevolutionary Mexico reshapes our understanding of agrarian reform, federal schooling, revolutionary anticlericalism, elections, the Segunda (a second Cristero War in the 1930s), and indigenism, the Revolution’s valorization of the Mesoamerican past as the font of national identity.

Amerini, “Aquinas on the Beginning and End of Human Life”

This June, Harvard University Press will publish Aquinas on the Beginning and End of Human Life by Fabrizio Amerini (University of Parma), translated by Mark Henninger (Georgetown University). The publisher’s description follows.

In contemporary discussions of abortion, both sides argue well-worn positions, particularly concerning the question, When does human life begin? Though often invoked by the Catholic Church for support, Thomas Aquinas in fact held that human life begins after conception, not at the moment of union. But his overall thinking on questions of how humans come into being, and cease to be, is more subtle than either side in this polarized debate imagines. Fabrizio Amerini—an internationally-renowned scholar of medieval philosophy—does justice to Aquinas’ views on these controversial issues.

Some pro-life proponents hold that Aquinas’ position is simply due to faulty biological knowledge, and if he knew what we know today about embryology, he would agree that human life begins at conception. Others argue that nothing Aquinas could learn from modern biology would have changed his mind. Amerini follows the twists and turns of Aquinas’ thinking to reach a nuanced and detailed solution in the final chapters that will unsettle familiar assumptions and arguments.

Systematically examining all the pertinent texts and placing each in historical context, Amerini provides an accurate reconstruction of Aquinas’ account of the beginning and end of human life and assesses its bioethical implications for today. This major contribution is available to an English-speaking audience through translation by Mark Henninger, himself a noted scholar of medieval philosophy.

“Our knowledge is a torch of smoky pine”: A New Book on George Santayana

I am a casual and qualified fan of the thought of the urbane, naturalist philosopher and public intellectual George Santayana, whose work on aesthetics is pretty neat.  Here is his poem, “Faith”:

O WORLD, thou choosest not the better part!
It is not wisdom to be only wise,
And on the inward vision close the eyes,
But it is wisdom to believe the heart.
Columbus found a world, and had no chart,
Save one that faith deciphered in the skies;
To trust the soul’d invincible surmise
Was all his science and his only art.
Our knowledge is a torch of smoky pine
That lights the pathway but one step ahead
Across a void of mystery and dread.
Bid, then, the tender light of faith to shine
By which alone the mortal heart is lead
Unto the thinking of the thoughts divine.

I am not so familiar, though, with the connection of his work to distinctively Catholic ideas, so I am very interested in Edward Lovely’s (William Paterson University/Farleigh Dickinson University) recently published book: George Santayana’s Philosophy of Religion: His Roman Catholic Influences and Phenomenology (Lexington Books 2012).  I am having trouble locating the publisher’s description, but believe this may be it:

George Santayana (1862-1952) of Spanish descent, and generally claimed to be in the canon of American philosophers, was substantially influenced by his Roman Catholic origins in his philosophical disposition toward the value of tradition, religious symbols and dogma. His philosophical project sustained a respectful attitude toward the spiritual value of orthodox religion while the thrust of his philosophy was naturalistic and materialistic throughout. There is a perception by some scholars that Santayana’s philosophy evolved from a humanistic perspective to a more spiritual one in his later years. It is the position of this thesis that his philosophy, at the “core” depicting a harmonious striving toward individual happiness, remained essentially consistent from his earliest publication of Interpretations of Poetry and Religion and The Life of Reason through his later works of Scepticism and Animal Faith, Realms of Being, Dominations and Powers and The Idea of Christ in the Gospels.
Santayana’s philosophical approach is both phenomenological and social constructionist in its methodology, significantly preempting the methodology of social constructionist theology and a post-modern interpretation of religion. His idiosyncratic phenomenological approach is compared with a “benchmark” methodology of Edmund Husserl, the generally accepted founder of the phenomenological method. There are also important similarities between Santayana’s phenomenological approach and those of Charles Sanders Peirce and Alfred North Whitehead. The basis for the comparison of the phenomenological methodology of Santayana and Husserl is their mutually similar fundamental theory of intuited essence. Santayana’s contribution to religious studies is not only philosophical but also theological where he has utilized Christian theological language in transposing and interpolating his philosophy of religion to the Christian drama of the salvational Christ. Santayana’s essay “Ultimate Religion” reflects his perspective of a disillusioned but still spiritual vision incorporating the piety, discipline, and spirituality; of a life of reason. Within the framework of this “model” Santayana’s philosophy of religion is developed and explored. Finally, the relevance of Santayana’s philosophy of religion to contemporary religious studies and selected religious issues is addressed with a delineation and discussion of some important aspects of his philosophical vision.