Decline and Fall

Gibbon, among others, famously argued that the rise of Christianity contributed to the fall of the Roman Empire, in the West, anyway: In the East, the Empire lasted another 1000 years, which is a long time to fall by any standards. A new book from Harvard University Press, The Tragedy of Empire: From Constantine to the Destruction of Roman Italy, discusses the establishment of Christianity in the Empire, among other topics, in its account of the last two centuries of the Empire in the West. The author is historian and classicist Michael Kulikowsi (Penn State). Here’s the publisher’s description:

A sweeping political history of the turbulent two centuries that led to the demise of the Roman Empire.

The Tragedy of Empire begins in the late fourth century with the reign of Julian, the last non-Christian Roman emperor, and takes readers to the final years of the Western Roman Empire at the end of the sixth century. One hundred years before Julian’s rule, Emperor Diocletian had resolved that an empire stretching from the Atlantic to the Euphrates, and from the Rhine and Tyne to the Sahara, could not effectively be governed by one man. He had devised a system of governance, called the tetrarchy by modern scholars, to respond to the vastness of the empire, its new rivals, and the changing face of its citizenry. Powerful enemies like the barbarian coalitions of the Franks and the Alamanni threatened the imperial frontiers. The new Sasanian dynasty had come into power in Persia. This was the political climate of the Roman world that Julian inherited.

Around the Web

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

  • In Spell v. Edwards, the 5th Circuit affirmed dismissal of a suit brought by Pastor Spell and his church in which they claimed that their First Amendment rights were infringed upon when COVID orders barred their holding of church services.
  • In Riley v. New York City Health and Hospitals Corp., the Southern District of New York dismissed, without prejudice, a suit brought by a Christian nurse who was denied a religious exemption from the COVID vaccine mandate. She alleged that the denial violated her rights under Title VII and the Free Exercise Clause.
  • In Barr v. Tucker, the Southern District of Georgia denied a preliminary injunction sought by a Christian teacher who claimed she was retaliated against when she was terminated allegedly for complaining about books that had illustrations of same-sex couples with children.
  • Suit was filed in the case of The Catholic Store, Inc. v. City of Jacksonville in the Middle District of Florida. Queen of Angels Catholic Bookstore brought the suit to challenge, on Free Speech and Free Exercise grounds, Jacksonville’s public accommodations law, which requires businesses to address customers using their preferred pronouns and titles regardless of a customer’s biological sex.
  • In Din v. State of Alaska, the Alaska Supreme Court reversed dismissal of a suit brought by a Muslim inmate who sued because his requests to pray five times per day using scented oils and to eat halal meat were denied. The court found that the restrictions placed a substantial burden on his free exercise of religion.
  • In Bierig-Kiejdan v. Kiejdan, a New Jersey state appeals court held that a family court judge could not order parties involved in a divorce to return to arbitration to solve issues regarding which religious tribunal should oversee the issuance of a get (Jewish divorce document).
  • The Department of Education (“DOE”) issued a Notice of Proposed Rulemaking to rescind the Trump administration’s 2020 rules, which protected student religious groups at universities. The rules required public universities that receive DOE grants to grant religious groups all of the rights, benefits, and privileges that other student groups enjoy.

Sacred Foundations

Harold Berman famously wrote about the influence of the medieval church on the pluralism that, he argued, was the defining feature of the Western legal system. There is a chapter on law, and Berman’s work is discussed, in this new book from Princeton on the influence of medieval Christianity on the rise of the state in Europe, Sacred Foundations: The Religious and Medieval Roots of the European State, by Stanford Professor Anna Grzymala-Busse. Looks very interesting. Here’s the description from the Princeton website:

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.

Student Writing Competition: The Program on Church, State & Society at Notre Dame Law School

The Program on Church, State & Society at Notre Dame Law School has announced a writing competition for law students focused on scholarship related to the intersection of church, state & society, and in particular, how the law structures and governs that intersection.

Papers should be focused broadly on topics related to church, state & society. Papers must be between 9,000-13,000 words, including footnotes and/or endnotes. Papers should be double-spaced and use Bluebook citation rules. Papers must be submitted by March 1st, 2023.

First Place, $3,000 cash award; Second Place, $2,000 cash award; Third Place, $1,000 cash award; Honorable Mention awards of $500.

For more information, please visit the competition’s website.

The Tudors

Love them or hate them, there’s no denying that the Tudor Family had an outsized impact on church and state in the West. A current exhibit at the Metropolitan Museum of Art in New York explores Tudor politics and personalities–as well as the dynasty’s artistic legacy. The Yale University Press has released a companion volume, The Tudors: Art and Majesty in Renaissance England by Met curators Elizabeth Cleland and Adam Eaker. The publisher’s description follows:

A fascinating new look at the artistic legacy of the Tudors, revealing the dynasty’s influence on the arts in Renaissance England and beyond

Ruling successively from 1485 through 1603, the five Tudor monarchs changed England indelibly, using the visual arts to both legitimize and glorify their tumultuous rule—from Henry VII’s bloody rise to power, through Henry VIII’s breach with the Roman Catholic Church, to the reign of the “virgin queen” Elizabeth I. With incisive scholarship and sumptuous new photography, the book explores the politics and personalities of the Tudors, and how they used art in their diplomacy at home and abroad.

Tudor courts were truly cosmopolitan, attracting artists and artisans from across Europe, including Hans Holbein the Younger (1497/8–1543), Jean Clouet (ca. 1485–1540), and Benedetto da Rovezzano (1474–1552). At the same time, the Tudors nurtured local talent such as Isaac Oliver (ca. 1565–1617) and Nicholas Hilliard (ca. 1547–1619) and gave rise to a distinctly English aesthetic that now defines the visual legacy of the dynasty. This book reveals the true history behind a family that has long captured the public imagination, bringing to life the extravagant and politically precarious world of the Tudors through the exquisite paintings, lush textiles, gleaming metalwork, and countless luxury objects that adorned their spectacular courts.

Davidyan on Liberalism and Religion

This past July, the Center co-hosted a conference with LUMSA University in Rome, “Liberalism’s Limits: Religious Exemptions and Hate Speech.” The conference, which addressed the challenges that religious exemptions and hate-speech regulations pose for liberalism, was divided into three workshops, for which participants submitted short reflection papers. Professor Gayane Davidyan (Lomonosov) submitted the following paper for Workshop 2, on religious exemptions, which we are delighted to publish here:

Slightly expanding the problem of our discussion, I will go beyond the borders of the United States and Western Europe, and pose a general question: arising on a certain soil under favorable historical conditions, is liberalism a national phenomenon, inherent only in a particular type of society or state? People with liberal views and values ​​live at all times and across the globe. Even in dark times, in conditions of slavery and serfdom, thinkers wrote about the values ​​of freedom and law; historical figures like Spartak, Emelyan Pugachev fought for this freedom.

As you know, the foundations of modern European liberalism begin to take shape in the 16th-17th centuries. John Locke, in “Two Treatises on Government,” formulates the most important principles that formed the basis of the future political and social liberalism: economic freedom as the possession and use of property, and intellectual freedom, including freedom of conscience. The second principle, in his opinion, is the right to life, personal freedom, and private property. People fought for a long time to obtain and assert these rights and values and are still fighting every day. The most advanced ideas of liberalism had a great influence on Russian reality at the end of the 18th century. Empress Catherine the Great, studying the ideas of Montesquieu, Cesare Beccaria, and Voltaire, wrote an order to the deputies of a special legislative commission in order to change the concept of royal power in Russia. Liberal ideas developed further and led to fairly liberal reforms in the second half of the 19th century. However, the reception of Western European liberal ideas in Russia did not take place. And against the background of a strong absolute monarch, all these reforms seem to be “quasi-reforms.” Does this mean that liberalism as a system of organizing social and state life can form the basis only for some states that have a special specific path of development, a special culture, and other features? I would not agree with this, since the desire for freedom, dignity, and the preservation of life are the basic needs of a person with any worldview, and one can hardly speak here about the advantage of one civilization over another.

But liberalism is not only ideas; it is also necessary that a sufficient social environment exist for their perception. In Russia, it was clearly insufficient. And here, the problem was rooted. The limited social environment made it impossible to realize the liberal concept. This was the reason why ideas remained ideas.

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Legal Spirits Episode 038: Law & Religion in “The Merchant of Venice”

Shakespeare’s The Merchant of Venice, one of his “problem plays,” has long fascinated lawyers. Yet the legal arguments in the case are preposterous. In this episode, we discuss how Shakespeare uses an absurd legal dispute to illustrate deeper religious and political conflicts and speculate about the implications of the play for America today. Perhaps the reason Merchant so fascinates lawyers is that it demonstrates uncomfortable truths about the limits of law. Listen in!

Webinar: “Churches: An Existence of their Own or Creatures of the Sovereign?”

Tomorrow, the James Wilson Institute and First Liberty Institute’s Center for Religion, Culture & Democracy will host a webinar analyzing the practical applications of moral reasoning in our legal system.

The event will be moderated by Hadley Arkes, Founder and Director of the James Wilson Institute and Edward N. Ney Professor of Jurisprudence Emeritus at Amherst College. The event will feature Adam MacLeod, Professor of Law at Faulkner University, Thomas Goode Jones School of Law and Research Fellow at the Center for Religion, Culture & Democracy and Robert Miller, Professor of Law at the University of Iowa, Affiliated Scholar of the James Wilson Institute, and a Fellow and Program Affiliated Scholar at the Classical Liberal Institute at New York University Law School.

The webinar will take place on October 14, 2021, from 2:00-4:00 pm EST. To register visit this link.

Legal Spirits Episode 033: Augustine and Our Common Loves

In this episode, we discuss Augustine’s City of God and its meaning for American politics today. What does Augustine’s famous metaphor of the two cities–the City of God and the City of Man–suggest about Christians’ place in 21st Century America? And what about his definition of a people as a group united by common loves? Is it correct, as President Biden argued in his inaugural address, that Americans fit this definition of a people? What common loves unite Americans today? Listen in!

Around the Web

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