Mansfield on Tocqueville, Aristocracy, and Democracy

As a complement to Robert’s ongoing series of learned posts on Tocqueville and religion, do see this decidedly mixed review (which I am late in noting) by eminent political theorist (and Tocqueville translator) Harvey Mansfield, “The Aristocracy in Democracy,” of Lucien Jaume’s Tocqueville: The Aristocratic Sources of Liberty (2013). The subject of the book, according to Mansfield: “Can a democracy sustain itself without the help of its rival, apparently its enemy, aristocracy?” And here is an interesting bit:

Yet democracy in America has certain features that date from aristocracy but are now democratized: the notion of rights that originated in the willingness of feudal nobles to stand up against the monarchy; juries of one’s peers, once fellow nobles, now fellow citizens; democratic associations that arise through the “art of association” rather than, but in imitation of, the feudal responsibilities of a single aristocrat; the devotion of lawyers to the traditions of the law; religion that restrains human excess while connecting heaven and earth. Moreover, these inheritances from aristocracy are grounded in the intractable nature of democratic peoples that makes them desire to rule themselves rather than be ruled by others. This is an assertive impulse contrary to aristocracy that resembles the very desire to rule that constitutes an aristocracy. Intractability is the untaught basis on which democrats build the constructions of self-government—in America ranging from the spontaneous cooperation of the township to the theoretical artifices of the American Constitution (whose Federalist framers Tocqueville praised as a party of aristocrats) . . . .

M. Jaume refers to Tocqueville’s use of classical style in writing as opposed to democratic floridity, but he does not discuss the two most prominent themes in Democracy in America: political liberty (or self-government) and greatness. Tocqueville ends his book by looking at politics from the standpoint of God, in which democracy and aristocracy appear as two aspects of one whole. This standpoint is available at least dimly to a legislator or political scientist like Tocqueville, because it uncovers God’s intellect rather than piously accepting God’s mysteries (for Tocqueville, God’s providence in bringing democracy is not hidden, as M. Jaume has it, but apparent in history). But God’s standpoint is not available to most human beings, because their partisanship prevents them from seeing the whole impartially, thus forcing them to construct their own partial wholes, typically democracy and aristocracy as Tocqueville contrasts them. That is why he says that there are almost—don’t forget the “almost”—two humanities in the two regimes and that a mixed regime is a chimera—though a necessary one in his own mind! Paradoxically, the desire of partisans to make their favorite part, the few or the many, into a whole makes compromise with the opposing part seem unnecessary as well as unwelcome.

Conference, “Religious Freedom, Legal Pluralism and Democratic Constitutionalism”

Our friend Claudia Haupt (Columbia) reaches out with news of an interesting looking conference organized by political scientist Jean Cohen: “Religious Freedom, Legal Pluralism and Democratic Constitutionalism” at Columbia University on February 22-23.  Details follow.

Please save the date for:

Religious Freedom, Legal Pluralism and Democratic Constitutionalism
Organized by Political Science Professor Jean L. Cohen, Columbia University

Room 707, International Affairs Building

Friday, February 22, 2013

10:00am–12:00pm: Panel on Constitutionalism and Legal Pluralism

Paper by Dieter Grimm (Humboldt University) with comments by Andrew Arato (The New School)

2:00–4:00pm: Panel on Religious Legal Pluralism and Family Law

Paper by Linda McClain (Boston University) with comments by Mirjam Kunkler (Princeton University) and Karen Barkey (Columbia University)

Saturday, February 23, 2013

Room 707, International Affairs Building

10:00am–12:00pm: Panel on Republicanism and Freedom of Religion

Paper by Michel Troper (Paris X) with comments by Claudia Haupt (Columbia Law) and Stathis Gourgouris (Columbia University)

2:00–4:00pm: Panel on Freedom of Religion and Religious Establishment

Paper by Larry Sager (University of Texas, Austin) with comments by Nancy Rosenblum (Harvard University)

Kuru & Stepan, “Democracy, Islam, and Secularism in Turkey”

From Columbia University Press, a new collection of essays on law and religion in Turkey, Democracy, Islam, and Secularism in Turkey, edited by Ahmet Kuru (San Diego State) and Alfred Stepan (Columbia). The publisher’s description follows.

While Turkey has grown as a world power, promoting the image of a progressive and stable nation, several choices in policy have strained its relationship with the East and the West. Providing historical, social, and religious context for this behavior, the essays in Democracy, Islam, and Secularism in Turkey examine issues relevant to Turkish debates and global concerns, from the state’s position on religion to its involvement with the European Union.

Written by experts in a range of disciplines, the chapters explore the toleration of diversity during the Ottoman Empire’s classical period; the erosion of ethno-religious heterogeneity in modern, pre-democratic times; Kemalism and its role in modernization and nation building; the changing political strategies of the military; and the effect of possible EU membership on domestic reforms. The essays also offer a cross-Continental comparison of “multiple secularisms,” as well as political parties, considering especially Turkey’s Justice and Development Party in relation to Europe’s Christian Democratic parties. Contributors tackle critical research questions, such as the legacy of the Ottoman Empire’s ethno-religious plurality and the way in which Turkey’s assertive secularism can be softened to allow greater space for religious actors. They address the military’s “guardian” role in Turkey’s secularism, the implications of recent constitutional amendments for democratization, and the consequences and benefits of Islamic activism’s presence within a democratic system. No other collection confronts Turkey’s contemporary evolution so vividly and thoroughly or offers such expert analysis of its crucial social and political systems.

Egyptian Military Forces the Issue

This is a disconcerting development.  The conflict seems to be one between democracy and liberalism.  If the democratically elected majority is not permitted to assume power because the military forces an unwanted diversity of representation down the throats of the electorate, one possible outcome is backlash and further polarization.

Not spring-time for everyone

A column by Ross Douthat about the ravages of democracy and the plight of the Coptic Christians that is well-worth reading.  — MOD

Liveblogging Forum 2000: Religion, Ethics, and Law

This morning, I participated in Forum 2000’s second law-and-religion panel, “Religion, Ethics, and Law.” The panel (below) addressed the growing “divorce” between law and moral principles and the influence of secularization on law and ethics. The panel was chaired by Jiří Pehe, Director of NYU-Prague. Tomáš Halík, a sociologist and President of the Czech Christian Academy, opened the panel by discussing the different concepts of law in Islam, Judaism, and Christianity. The first two religions, Halík said, are essentially about law, unlike Christianity, which is essentially about faith; the first two emphasize orthopraxy, while Christianity emphasizes orthodoxy. He noted that Western law has been influenced both by Christian roots and by the secularizing effect of the Enlightenment, which was itself “the unwanted child of Christianity.” I followed with a discussion of the distinction between moral and legal advice in American lawyers’ ethics. Over time, I showed, American legal ethics have minimized the lawyer’s role as moral counselor; although 100 years ago a lawyer had a duty to impress upon his client the need for “strict compliance” with “moral law,” nowadays a lawyer’s duty is to provide legal, not moral advice. I argued that the change could be understood, in part, as an effect of secularization. William Cook, Professor of History and Religion at SUNY, discussed Tocqueville’s insights into private associations and their role in promoting democracy.  Günther Virt, Professor of Theology at the University of Vienna, spoke about translating faith commitments into public policy arguments, specifically, his experience working on bioethics committees in the Council of Europe and the European Union. (A great line: the increasing number of ethics committees in the West today is evidence of an ethical crisis). He also discussed human rights; although human rights can be justified intellectually without religion, he argued, religion provides the necessary motivation for honoring human rights in particular circumstances. Vartan Gregorian, President of the Carnegie Corporation, ended the panel with a discussion of the dialectic between faith and reason in all three Abrahamic religions. He argued that the key concept in all these religions is not conflict, but synthesis, between faith and reason. – MLM

*UPDATE: You can now watch the video from the “Religion, Ethics and Law” Panel here. -ARH[vodpod id=Video.15541931&w=425&h=350&fv=bufferlength%3D5%26amp%3Brepeat%3Dalways%26amp%3Bstretching%3Duniform%26amp%3Bcontrolbar.position%3Dover%26amp%3Bcontrolbar.idlehide%3Dtrue%26amp%3Bdock%3Dfalse%26amp%3Bicons%3Dtrue%26amp%3Bautostart%3Dfalse%26amp%3Bimage%3D%2Fimg%2Flayout%2F_default3.jpg%26amp%3Bstreamer%3Drtmp%3A%2F%2Fbiztube.cz%3A443%2Fforum2000%26amp%3Bfile%3Dforum2000-forumhall-20111011-1.f4v]

Liveblogging Forum 2000: Religion and Human Rights

Forum 2000‘s  first law-and-religion panel, “Religious Law and Human Rights,” took place this afternoon, chaired by Prince El Hassan bin Talal of Jordan.  Prince Hassan opened the panel by speaking of the need for a real “bill of rights” for the “West Asian/North African” region, one that includes the right to be free from religious discrimination.  Michael Melchior, the Chief Rabbi of Norway, followed.  He noted the size of the audience that had gathered to hear the panel and said it reflected a new interest among intellectuals and policymakers in religion as a social phenomenon.  “God,” he said, “has returned to history.”  All religions, he continued – speaking of the Abrahamic faiths – have both totalitarian and dialectical impulses; we need to “minimalize the former and maximalize the latter,” and predicted that religious and political leaders have only a limited window of opportunity to accomplish this.  Journalist Shahira Amin from Egypt spoke about her doubts that the Arab Spring will usher in a secular society.  Although Egypt is historically a moderate society, she said, present-day Egyptian Islam is becoming radicalized as a result of Wahhabi influence.  Discrimination against Coptic Christians is a problem. She noted, though, that the Muslim Brotherhood has been speaking in more moderate terms since the revolution, perhaps in an attempt to appear politically responsible.  Tibetan Buddhist scholar Geshe Tenzin Dhargye spoke of the two key ethical principles in Buddhism, the laws of causation (karma) and non-harming behavior, and how they would inform a Buddhist approach to law and society.  In the final presentation, Bishop Václav Malý of the Catholic Archdiocese of Prague argued that Christianity provided the philosophical roots for human rights, “at least in Europe.”  Although people have now forgotten those roots, as a historical matter it was the Christian concept of Imago Dei that implied human dignity and freedom, including freedom of conscience and religion. He ended by saying that the Catholic Church in the Czech Republic does not favor a confessional state, but a pluralist state in which people with different religious and philosophical commitments, including non-religious commitments, can peacefully co-exist.  – MLM

For those not fortunate to be liveblogging from Prague, a live feed to Forum 2000 can be found here. – ARH

Movsesian to Participate in Next Week’s Forum 2000 Conference

CLR Director Professor Mark L. Movsesian will participate in the fifteenth annual Forum 2000 Conference, to be held from October 9-11, 2011, in Prague. Convened under the auspices of Vaclav Havel, the conference brings together global leaders from politics, academia, religion, business and civil society. This year’s theme is “Democracy and the Rule of Law.” Confirmed speakers include Havel, Joseph Stiglitz, Elie Wiesel, Hernando de Soto, Vartan Gregorian and Mikheil Saakashvili. Professor Movsesian will participate in two panels, “Religion, Ethics and Law,” and “Religious and Secular Law.” The program is here.

Nadler on Spinoza’s Political Theory

From Steven Nadler, what looks to be a very interesting treatment of Baruch Spinoza’s political philosophy, A Book Forged in Hell: Spinoza’s Scandalous Treatise and the Birth of the Secular Age (Princeton 2011). A description follows. — MLM

When it appeared in 1670, Baruch Spinoza’s Theological-Political Treatise was denounced as the most dangerous book ever published–“godless,” “full of abominations,” “a book forged in hell . . . by the devil himself.” Religious and secular authorities saw it as a threat to faith, social and political harmony, and everyday morality, and its author was almost universally regarded as a religious subversive and political radical who sought to spread atheism throughout Europe. Yet Spinoza’s book has contributed as much as the Declaration of Independence or Thomas Paine’s Common Sense to modern liberal, secular, and democratic thinking. In A Book Forged in Hell, Steven Nadler Read more

Toft, Philpott & Shah on God’s Century

Take a look at the recently published God’s Century: Resurgent Religion and Global Politics (2011), by Monica Duffy Toft (Harvard), Daniel Philpott (Notre Dame) and Timothy  Samuel Shah (Georgetown). The authors are political scientists, but the book’s discussion of religion’s influence on global politics will be important for law and religion scholars, particularly those whose work is comparative.

book cover“Over the past four decades,” the authors write, “religion’s influence on politics has reversed its decline and become more powerful on every continent and across every major world religion.”  They attribute religion’s growing sway not so much on a rise in piety, but to the fact that religion today enjoys more independence from political control than ever before.  This independence has allowed religious leaders to act on behalf of liberal public goods like democracy and conciliation.

Of course, some religions support liberal democracy more than others.  For example, the authors write, “religious leaders from the Catholic Read more