Posted on by Mark Movsesian

Laïcité in Rome

S. Nicolas des Lorrains

This week, CLR Forum is in Rome, where we’re co-hosting our third international conference, “International Religious Freedom and the Global Clash of Values,” on June 20-21. For people interested in law and religion, Rome is an endlessly fascinating place. On practically every corner, you stumble upon evidence of the long relationship–sometimes cooperative, sometimes antagonistic–between church and state.

Here’s an example. The photo above shows the façade of the Church of San Nicola dei Lorensi, behind Piazza Navona. San Nicola one of a handful of historic French “national” churches in Rome–churches that historically have served as homes for pilgrims from France. The Church of San Luigi dei Francesi, on the other side of the piazza–the one with the famous Caravaggios–is a more well-known example. As the name suggests, San Nicola was the church for pilgrims from the region of Lorraine. It was built in the 17th Century, but must have fallen into grave disrepair over the centuries, because it was completely restored in the last decade.

Note the placard above the doorway in the photograph: “Liberté, Égalité, Fraternité.” This, of course, is the motto of the French Republic–the laïc French Republic. The motto is meant to capture the secular nature of the Republic and the separation of church and state. It’s not an insult, necessarily, but it definitely connotes a rejection of the Catholicism of the old regime. So what is the motto doing over the doorway of an old Catholic church in the heart of Rome?

The answer is, as far as I can tell, is this. San Nicola is owned by a French governmental organization called “Les Pieux Etablissements de la France à Rome et à Lorette,” administered by the French ambassador to the Holy See. According to its website (in French), the organization exists to maintain the historic French national churches, welcome French-speaking pilgrims, and organize cultural events that promote France in Rome.

This isn’t as strange as it may first appear. As readers of our 2010 symposium on laïcité know, the French government owns many church buildings in France, all that existed as of 1905, the date of the Law on the Separation of Churches and the State. Notwithstanding the commitment to laïcité, the 1905 law gives the French government title to church property; the government allows religious bodies to use the property at its discretion. At the time of enactment, the Third Republic required churches to affix signs with the republican motto on their doorways–to demonstrate, I imagine, that there was a new sheriff in town. Most of these signs have now disappeared, though you can still occasionally find them. I remember seeing one on the Church of Saint Julien-le-Pauvre in Paris a few years ago.

It isn’t strange, then, that the French government owns and maintains San Nicola today. According to the website of the French ambassador, San Nicola was restored in 2005 partly with funds from the Regional Council of Lorraine–that is, with public money. During the work, someone–a secularist council member? an embassy staffer?–must have decided it would be a good idea to restore the republican motto as well. So there it is today, a witness, to those who know the story, of the profoundly complicated relationship between religion and the state in France–and in Rome, too.

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Al-Arian, “Answering the Call”

Next month, Oxford University Press will publish Answering the Call: Popular Islamic Activism in Sadat’s Egypt by Abdullah Al-Arian (Georgetown University). answering the callThe publisher’s description follows.

When revolutionary hero Gamal Abdel Nasser dismantled and suppressed Egypt’s largest social movement organization during the 1950s, few could have imagined that the Muslim Brotherhood would not only reemerge, but could one day compete for the presidency in the nation’s first ever democratic election. While there is no shortage of analyses of the Muslim Brotherhood’s recent political successes and failures, no study has investigated the organization’s triumphant return from the dustbin of history.

Answering the Call examines the means by which the Muslim Brotherhood was reconstituted during Anwar al-Sadat’s presidency. Through analysis of structural, ideological, and social developments during this period in the history of the Islamic movement, a more accurate picture of the so-called “Islamic resurgence” develops-one that represents the rebirth of an old idea in a new setting.

The Muslim Brotherhood’s success in rebuilding its organization rested in large part on its ability to attract a new generation of Islamic activists that had come to transform Egypt’s colleges and universities into a hub for religious contention against the state. Led by groups such as al-Gama’ah al-Islamiyyah (The Islamic Society), the student movement exhibited a dynamic and vibrant culture of activism that found inspiration in a multitude of intellectual and organizational sources, of which the Muslim Brotherhood was only one.

By the close of the 1970s, however, internal divisions over ideology and strategy led to the rise of factionalism within the student movement. A majority of student leaders opted to expand the scope of their activist mission by joining the Muslim Brotherhood, rejuvenating the struggling organization, and launching a new phase in its history.

Answering the Call is an original study of the history of this dynamic and vibrant period of modern Egyptian history, giving readers a fresh understanding of one of Egypt’s most pivotal eras.

Posted on by Mark Movsesian

History Goes On

At the Liberty Law Blog, my friend John McGinnis has posted a very perceptive criticism of Francis Fukuyama’s recent essay on the 25th anniversary of his famous article, “The End of History.” That extremely influential article, which Fukuyama wrote in the heady days of 1989, argued that liberal democracy owned the future. After the fall of the Berlin Wall, many commentators believed this. All other forms of social ordering had failed and nations across the globe seemed to be falling in line. Cultural differences that once mattered no longer did. From Bangkok to Ankara to Moscow, everyone wanted to be a liberal democrat. And even if they didn’t, the logic of liberal democracy was inescapable and its appeal irresistible.

Not everyone at the time felt this way, of course. The late Samuel Huntington wrote a great book, “The Clash of Civilizations,” that responded to Fukuyama and argued that old cultural patterns would remain relevant. For example, Huntington wrote, profound cultural differences divide Western and Orthodox Christian civilizations, and divide those civilizations from Islamic and Hindu civilizations. For writing this, Huntington was disparaged as a know-nothing by leading academics and commentators–the People Who Knew Better.

Twenty-five years later, Huntington appears to have made the better bet. The world hasn’t turned out as Fukuyama predicted. To his credit, John writes, Fukuyama concedes this. But he still maintains that liberal democracy is the only plausible system for modern society. John responds–correctly, in my view–that Fukuyama is wrong. There is an inherent tension between the two components of liberal democracy: liberalism, which privileges the individual, and democracy, which privileges the community. Different societies resolve the tension differently, depending on historical, geopolitical, and cultural traditions, including religious traditions. Russia and India provide powerful recent examples.

From the belief that everyone in the world should share your values, it’s an easy leap to the conclusion that everyone in the world does. John’s essay is a helpful correction. History goes on.

Posted on by Mark Movsesian

Mohr, “Buddhism, Unitarianism, and the Meiji Competition for Universality”

Next week, Harvard University Press releases Buddhism, Unitarianism, and the Meiji Competition for Universality, by Michael Mohr (University of Hawaii at Manoa). The publisher’s description follows:

In the late 1800s, as Japanese leaders mulled over the usefulness of religion in modernizing their country, they chose to invite Unitarian missionaries to Japan. This book spotlights one facet of debates sparked by the subsequent encounter between Unitarianism and Buddhism—an intersection that has been largely neglected in the scholarly literature. Focusing on the cascade of events triggered by the missionary presence of the American Unitarian Association on Japanese soil between 1887 and 1922, Michel Mohr’s study sheds new light on this formative time in Japanese religious and intellectual history.

Drawing on the wealth of information contained in correspondence sent and received by Unitarian missionaries in Japan, as well as periodicals, archival materials, and Japanese sources, Mohr shows how this missionary presence elicited unprecedented debates on “universality” and how the ambiguous idea of “universal truth” was utilized by missionaries to promote their own cultural and ethnocentric agendas. At the turn of the twentieth century this notion was appropriated and reformulated by Japanese intellectuals and religious leaders, often to suit new political and nationalistic ambitions.

Posted on by Marc O. DeGirolami

UPDATE: Revised Conference Agenda– “International Religious Freedom and the Global Clash of Values”

Here is the updated schedule for our upcoming conference, International Religious Freedom and the Global Clash of Values, in Rome, Italy on June 20-21. If you happen to be in Rome, it would be great to have you!

The Center for International and Comparative Law and the Center for Law and Religion at St. John’s School of Law, and the Department of Law at the Libera Università Maria SS. Assunta, are pleased to present an academic conference:

International Religious Freedom and the Global Clash of Values

Taking place in Rome on Friday, June 20, 2014, and Saturday, June 21, 2014, the conference will bring together American and European scholars and policymakers to discuss the place of religious freedom in international law and politics. Speakers will address a variety of perspectives. Proceedings will be in English and Italian with simultaneous translation.

Revised Conference Agenda

Friday, June 20, 2014

1:30 – 2:30 p.m.
Lunch

2:30 – 2:45 p.m.
Welcome

2:45 – 4 p.m.
Keynote Panel
Religious Freedom in International Law, Yesterday and Today
Thomas Farr (Georgetown University)
John Witte, Jr. (Emory University)
Moderator: Marc DeGirolami (St. John’s University)

4:15 – 5:30 p.m.
Panel 1: The Politics of International Religious Freedom
Pasquale Annicchino (European University Institute)
Heiner Bielefeldt (UN Special Rapporteur on Freedom of Religion or Belief)
Hon. Ken Hackett (US Ambassador to the Holy See)
Moderator: Margaret E. McGuinness (St. John’s University)

Saturday, June 21, 2014

8:30 – 9 a.m.
Coffee

9 – 10:15 a.m.
Panel 2: Comparative Perspectives on International Religious Freedom
Francisca Pérez-Madrid (University of Barcelona)
Marco Ventura (Catholic University Leuven and University of Siena)
Roberto Zaccaria (University of Florence)
Moderator: Monica Lugato (LUMSA)

10:15 – 10:30 a.m.
Coffee

10:30 – 11:45 a.m.
Panel 3: Christian and Muslim Perspectives on International Religious Freedom
Abdullahi Ahmed An-Na’im (Emory University)
Olivier Roy (European University Institute)
Nina Shea (Hudson Institute)
Moderator: Mark L. Movsesian (St. John’s University)

Noon – 12:30 p.m.
Conference Conclusions
Giuseppe Dalla Torre
LUMSA

Location
LUMSA, Complesso del Giubileo
via di Porta Castello, 44 – Roma

Registration
Please register to attend the conference by June 9 at: eventi@lumsa.it

More Information
Monica Lugato | LUMSA Department of Law | monicalugato@lumsa.it
Mark L. Movsesian | St. John’s School of Law |Mark.Movsesian@stjohns.edu

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Langer, “Religious Offence and Human Rights: The Implications of Defamation of Religions”

In July, Cambridge University Press will publish Religious Offence and Human Rights: The Implications of Defamation of Religions by Lorenz Langer (University of Zurich). The publisher’s description follows.

Should international law be concerned with offence to religions and their followers? Even before the 2005 publication of the Danish Mohammed cartoons, Muslim States have endeavoured to establish some reputational protection for religions on the international level by pushing for recognition of the novel concept of ‘defamation of religions’. This study recounts these efforts as well as the opposition they aroused, particularly by proponents of free speech. It also addresses the more fundamental issue of how religion and international law may relate to each other. Historically, enforcing divine commands has been the primary task of legal systems, and it still is in numerous municipal jurisdictions. By analysing religious restrictions of blasphemy and sacrilege as well as international and national norms on free speech and freedom of religion, Lorenz Langer argues that, on the international level at least, religion does not provide a suitable rationale for legal norms.

Posted on by Mark Movsesian

Constructing Indian Christianities (Bauman & Young, eds.)

Today, Routledge releases Constructing Indian Christianities: Conversion, Culture, and Caste, edited by Chad M. Bauman (Butler University) and Richard Fox Young (Princeton Theological Seminary). The publisher’s description follows:

This volume offers insights into the current ‘public-square’ debates on Indian Christianity. Drawing on ethnographic fieldwork as well as rigorous analyses, it discusses the myriad histories of Christianity in India, its everyday practice and contestations and the process of its indigenisation. It addresses complex and pertinent themes such as Dalit Indian Christianity, diasporic nationalism and conversion. The work will interest scholars and researchers of religious studies, Dalit and subaltern studies, modern Indian history, and politics.

Posted on by Mark Movsesian

Oxford Journal of Law & Religion Summer Academy (June 23-27)

From June 23-27, the Oxford Journal of Law and Religion will host its annual summer academy at St. Hugh’s College in Oxford. The Summer Academy is a major international event held for the benefit of leading academics, policymakers, international officials, practicing lawyers, journalists,  NGO representatives, and students, working in the field of law, religion and international relations. This year’s theme is “Sacred and Secular–International Religious Freedom and Varieties of Secularism from the Perspectives of Comparative Law, International Law and Foreign Policy.” For details, please click here.

Posted on by Mark Movsesian

“Eastern Christianity and Politics in the Twenty-First Century” (Leustean, ed.)

Next month, Routledge releases Eastern Christianity and Politics in the Twenty-First Century, edited by Lucian N. Leustean (Aston University, UK). The publisher’s description follows:

This book provides an up-to-date, comprehensive overview of Eastern Christian churches in Europe, the Middle East, America, Africa, Asia and Australia. Written by leading international scholars in the field, it examines both Orthodox and Oriental churches from the end of the Cold War up to the present day. The book offers a unique insight into the myriad church-state relations in Eastern Christianity and tackles contemporary concerns, opportunities and challenges, such as religious revival after the fall of communism; churches and democracy; relations between Orthodox, Catholic and Greek Catholic churches; religious education and monastic life; the size and structure of congregations; and the impact of migration, secularization and globalization on Eastern Christianity in the twenty-first century.

Posted on by Mark Movsesian

“Irish Religious Conflict in Comparative Perspective” (Wolffe, ed.)

Later this month, Palgrave Macmillan releases Irish Religious Conflict in Comparative Perspective: Catholics, Protestants and Muslims, edited by John Wolffe (Open University UK). The publisher’s description follows:

By setting the Irish religious conflict in a wide comparative perspective, this book offers fresh insights into the causes of religious conflicts, and potential means of resolving them. The collection mounts a challenge to widely held views of ‘Irish exceptionalism’ and points to significant historical and contemporary commonalities across the Western European and North Atlantic worlds. In so doing it enriches understanding not only of the cultural and political legacies of Christendom’s internal divisions, but also of the factors currently hampering the peaceful assimilation of Muslims in Western societies. The ‘on the ground’ experience detailed in several of the chapters shows, however, that religion can be part of the ‘solution’ as well as part of the ‘problem’, and the book develops conclusions and implications that are important for practitioners and policy-makers as well as for academics.