Human Rights As a Religion

220px-Images-stories-Photos-roger_scruton_16_70dpi_photographer_by_pete_helme-267x397
Roger Scruton

Check out this superb essay on the Heritage website by philosopher Roger Scruton (left), “The Future of European Civilization: Lessons for America.” There’s much to ponder, but I’d like to focus on just one point. Scruton argues that “Human Rights” has replaced Christianity as the religion of Europe’s elites.

Human Rights purports to provide a grounding for morality and social order—what Christianity used to do. The problem, Scruton says, is that Human Rights is itself without foundation and therefore cannot play the role people wish to assign it:

“If you ask what religion commands or forbids, you usually get a clear answer in terms of God’s revealed law or the Magisterium of the church. If you ask what rights are human or natural or fundamental, you get a different answer depending on whom you ask, and nobody seems to agree with anyone else regarding the procedure for resolving conflicts.

“Consider the dispute over marriage. Is it a right or not? If so, what does it permit? Does it grant a right to marry a partner of the same sex? And if yes, does it therefore permit incestuous marriage too? The arguments are endless, and nobody knows how to settle them.…

“We are witnessing, in effect, the removal of the old religion that provided foundations to the moral and legal inheritance of Europe and its replacement with a quasi-religion that is inherently foundationless. Nobody knows how to settle the question whether this or that privilege, freedom, or claim is a “human right,” and the European Court of Human Rights is now overwhelmed by a backlog of cases in which just about every piece of legislation passed by national parliaments in recent times is at stake.”

It’s an important point, and Scruton makes it with his usual grace and insight. He’s correct that the left often talks about Human Rights as though it were a kind of religion and, in fact, an improvement on the old faith. For example, in his recent book, Christian Human Rights, which I review in the current issue of the magazine, First Things, Harvard scholar Samuel Moyn compares Human Rights with Christianity, and concludes that Human Rights has the potential to do a superior job in improving people and making the world a more moral place.

Scruton is right, too, that competing understandings of Human Rights exist, and that they lead to different practical results in some cases. For example, a Catholic understanding, based on an objective conception of human nature and human dignity, does not allow for same-sex marriage as a human right. By contrast, the dominant secular understanding, based on the value of subjective choice, does. In the contemporary West, the latter view dominates. In the global context, however, it’s not so clear. In addition to the Catholic understanding, there are also Islamic and Orthodox Christian conceptions of human rights that differ markedly from the secular, subjective version—as well from each other.

The drafters of the Universal Declaration of Human Rights (1948) famously avoided these debates. Philosophical agreement would be unnecessary, they thought, as long as nations signed up for the basic idea of human rights. Besides, nations would always retain some discretion in applying the so-called “universal” rights in the context of their own cultures. But it’s becoming increasingly difficult to ignore debates about the grounding for human rights now, and aside from the power of office – “we control international human rights organizations and you don’t”– there doesn’t seem a clear way to resolve them.

Nonetheless, Scruton overstates his case a bit. It’s true that there is much disagreement about Human Rights at the global level. But within Europe? I wonder whether the absence of agreement on particular cases makes today’s commitment to Human Rights all that different, as a practical matter, from yesterday’s commitment to Christianity. It’s not like Christians have always agreed among themselves on what Christianity requires for law and politics, either. (See: The Protestant Reformation). May Christians divorce and remarry? May they use artificial contraception? Some Christian communions say yes, others no. Do these disagreements mean Christianity is useless as a means of ordering society? I wouldn’t think so. Besides, even if one disagrees with it, there is a consistent European Court jurisprudence on many human-rights questions.

I suppose the response would go something like this. Fundamentally, Human Rights – at least, the dominant secular version – denies the basis for any objective truth claims. So there’s no way to resolve any issue, other than deferring to individual subjectivity, which is no basis for a legal system. It’s not a matter of a few difficult cases here and there, but the whole run of possible cases. Without a commitment to some objective value, something other than individual choice, the whole system will ultimately collapse.

I’ll need to think about this more. Whatever your view, Scruton’s essay is, as always, profound, elegant, and thought provoking.

“Muslim Tatar Minorities in the Baltic Sea Region” (Svanberg & Westerlund, eds.)

In January, Brill will release “Muslim Tatar Minorities in the Baltic Sea Region” edited by Ingvar Svanberg (Uppsala University) and David Westerlund (Södertörn University). The publisher’s description follows:

In Muslim Tatar Minorities in the Baltic Sea Region, edited by Ingvar Svanberg and David Westerlund, the contributors introduce the history and contemporary situation of these little known groups of people that for centuries have been part of the religious and ethnic mosaic of this region. The book has a broad and multi-disciplinary scope and covers the early settlements in Lithuania and Poland, the later immigrations to Saint Petersburg, Finland, Estonia and Latvia, as well as the most recent establishments in Sweden and Germany. The authors, who hail from and are specialists on these areas, demonstrate that in several respects the Tatar Muslims have become well-integrated here.

Olsson, “Minority Jurisprudence in Islam: Muslim Communities in the West”

In February, I.B. Tauris will release “Minority Jurisprudence in Islam: Muslim Communities in the West” by Susanne Olsson (Södertörn University).  The publisher’s description follows:

According to many Islamic jurists, the world is divided between dar al-Islam (the abode of Islam) and dar al-harb (the abode of war). This dual division of the world has led to a great amount of juridical discussion concerning what makes a territory part of dar al-Islam, what the status of Muslims living outside of this is, and whether they are obliged to obey Islamic jurisprudence. Susanne Olsson examines the differing understandings of dar al-Islam and dar al-harb, as well as related concepts, such as jihad and takfir. She thereby is able to explore how these concepts have been utilised, transformed and negotiated throughout history. As the subject of Muslims living in Europe is such a topical and sometimes controversial one, this book will appeal to researchers of modern Islam as integral to the Western experience.

Ozzano & Giorgi, “European Culture Wars and the Italian Case”

In September, Routledge released “European Culture Wars and the Italian Case: Which side are you on?” by Luca Ozzano (University of Turin) and Alberta Giorgi (University of Coimbra).  The publisher’s description follows:

This book aims to understand the European political debate about contentious issues, framed in terms of religious values by religious 9781138840324and/or secular actors in 21st century. It specifically focuses on the Italian case, which, due to its peculiar history and contemporary political landscape, is a paradigmatic case for the study of the relationships between religion and politics.

In recent years, a number of controversies related to religious issues have characterised the European public debate at both the EU and the national level. The ‘affaire du foulard’ in France, the referendum on abortion in Portugal, the recognition of same-sex marriages in many Western European States, the debate over bioethics and the regulation of euthanasia are only a few examples of contentious issues involving religion. This book aims to shed light on the interrelation between these different debates, as well as their broader meaning, through the analysis of the paradigmatic case of Italy. Italy summarizes and sometimes exasperates wider European trends, both because of the peculiar role traditionally played by the Vatican in Italian politics and for the rise, since the 1990s, of new political entrepreneurs eager to exploit ethical and civilizational issues.

This work will be of great interest to scholars and students of a number of fields within the disciplines of political science, sociology and law, and will be useful for courses on religion and politics, political parties, social movements and civil society.

“Muslim Minority-State Relations: Violence, Integration, and Policy” (Mason, ed.)

In January, Palgrave Macmillan will release “Muslim Minority-State Relations: Violence, Integration, and Policy” edited by Robert Mason (London School of Economics and Political Science, UK). The publisher’s description follows:

This volume explores the dominant types of relationships between Muslim minorities and states in different parts of the world, the challenges each side faces, and the cases and reasons for exemplary integration, religious tolerance, and freedom of expression. By bringing together diverse case studies from Europe, Africa, and Asia, this book offers insight into the nature of state engagement with Muslim communities and Muslim community responses towards the state, in turn. This collection offers readers the opportunity to learn more about what drives government policy on Muslim minority communities, Muslim community policies and responses in turn, and where common ground lies in building religious tolerance, greater community cohesion and enhancing Muslim community-state relations.

Stolz, et. al., “(Un)Believing in Modern Society: Religion, Spirituality, and Religious-Secular Competition”

In January, Ashgate will release “(Un)Believing in Modern Society: Religion, Spirituality, and Religious-Secular Competition” by Jörg Stolz (University of Lausanne, Switzerland), Mallory Schneuwly Purdie (University of Lausanne, Switzerland),  Thomas Englberger (University of Lausanne, Switzerland), Judith Könemann (University of Münster, Germany), and Michael Krüggeler (University of Münster, Germany). The publisher’s description follows:

This landmark study in the sociology of religion sheds new light on the Unknownquestion of what has happened to religion and spirituality since the 1960s in modern societies. Exposing several analytical weaknesses of today’s sociology of religion, (Un)Believing in Modern Society presents a new theory of religious-secular competition and a new typology of ways of being religious/secular. The authors draw on a specific European society (Switzerland) as their test case, using both quantitative and qualitative methodologies to show how the theory can be applied. Identifying four ways of being religious/secular in a modern society: ‘institutional’, ‘alternative’, ‘distanced’ and ‘secular’ they show how and why these forms have emerged as a result of religious-secular competition and describe in what ways all four forms are adapted to the current, individualized society.

Heilbronner, “From Popular Liberalism to National Socialism”

In January, Ashgate will release “From Popular Liberalism to National Socialism: Religion, Culture and Politics in South-Western Germany, 1860s-1930s,” by Oded Heilbronner (Shenkar College of Engineering, Design and Art and the Hebrew University of Jerusalem, Israel).  The publisher’s description follows:

‘Long live liberty, equality, fraternity and dynamite’

So went the traditional slogan of the radical liberals in Greater Swabia, the south-western part of modern Germany. This book investigates the development of what the author terms ‘popular liberalism’ in this region, in order to present a more nuanced understanding of political and cultural patterns in Germany up to the early 1930s. In particular, the author offers an explanation for the success of National Socialism before 1933 in certain regions of South Germany, arguing that the radical liberal sub-culture was not subsumed by the Nazi Party, but instead changed its form of representation. Together with the famous völkish fraction and the leftist fraction within the chapters of the Nazi Party, there were radical-liberal associations, ex-members of radical-liberal parties, sympathizers with these parties, and notables with a radical orientation derived from family and regional traditions. These people and associations believed that the Nazi Party could fulfil their radical – liberal vision, rooted in the local democratic and liberal traditions which stretched from 1848 to the early 20th century. By looking afresh at the relationship between local-regional identities and national politics, this book makes a major contribution to the study of the roots of Nazism.

Ivanescu, “Islam and Secular Citizenship in the Netherlands, United Kingdom, and France”

In January, Palgrave Macmillan will release “Islam and Secular Citizenship in the Netherlands, United Kingdom, and France” by Carolina Ivanescu (independent scholar). The publisher’s description follows:

The past several years have seen many examples of friction between secular 9781137576088
European societies and religious migrant communities within them. This study combines ethnographic work in three countries (the Netherlands, the United Kingdom and France) with a new theoretical frame (regimes of secularity). Its mission is to contribute to an understanding of collective minority identity construction in secular societies. In addition to engaging the academic literature and ethnographic research, the book takes a critical look at three cities, three nation-contexts, and three grassroots forms of Muslim religious collective organizations, comparing and contrasting them from a historical perspective.

Carolina Ivanescu offers a thorough theoretical grounding and tests existing theories empirically. Beginning with the principle that religion and citizenship are both crucial aspects of religious migrants’ individual identities, she demonstrates the relevance of collective identity, which is shaped through articulations of belonging to geographical and ideological entities. This form of belonging, Ivanescu asserts, is filtered through the mechanisms of citizenship and religion in the modern social world.

“God and the EU” (Chaplin & Wilton, eds.)

In January, Routledge will release “God and the EU: Faith in the European Project,” edited by Jonathan Chaplin (Cambridge University) and Gary Wilton (Wilton Park-Executive Agency of FCO).  The publisher’s description follows:

The current political, economic and financial crises facing the EU reveal a deeper cultural, indeed spiritual, malaise – a crisis in ‘the soul of Europe’. Many observers are concluding that the EU cannot be restored to health without a new appreciation of the contribution of religion to its past and future, and especially that of its hugely important but widely neglected Christian heritage, which is alive today even amidst advancing European secularization.

God and the EU offers a fresh, constructive and critical understanding of Christian contributions to the origin and development of the EU from a variety of theological, national and political perspectives. It explains the Christian origins of the EU; documents the various ways in which it has been both affirmed and critiqued from diverse theological perspectives; offers expert, theologically-informed assessments of four illustrative policy areas of the EU (religion, finance, environment, science); and also reports on the place of religion in the EU, including how religious freedom is framed and how contemporary religious actors relate to EU institutions and vice versa.

This book fills a major gap in the current debate about the future of the European project and will be of interest to students and scholars of religion, politics and European studies.

Adida, Laitin, & Valfort, “Why Muslim Integration Fails in Christian-Heritage Societies”

In January, the Harvard University Press will release “Why Muslim Integration Fails in Christian-Heritage Societies,” by Claire L. Adida (University of California, San Diego), David D. Laitin (Stanford University), and Marie-Anne Valfort (Paris School of Economics and Université Paris 1 Panthéon Sorbonne).  The publisher’s description follows:

Amid mounting fears of violent Islamic extremism, many Europeans ask whether Muslim immigrants can integrate into historically Christian countries. In a groundbreaking ethnographic investigation of France’s Muslim migrant population, Why Muslim Integration Fails in Christian-Heritage Societies explores this complex question. The authors conclude that both Muslim and non-Muslim French must share responsibility for the slow progress of Muslim integration.

Claire Adida, David Laitin, and Marie-Anne Valfort found that in France, Muslims are widely perceived as threatening, based in large part on cultural differences between Muslim and rooted French that feed both rational and irrational Islamophobia. Relying on a unique methodology to isolate the religious component of discrimination, the authors identify a discriminatory equilibrium in which both Muslim immigrants and native French act negatively toward one another in a self-perpetuating, vicious circle.

Disentangling the rational and irrational threads of Islamophobia is essential if Europe hopes to repair a social fabric that has frayed around the issue of Muslim immigration. Muslim immigrants must address their own responsibility for the failures of integration, and Europeans must acknowledge the anti-Islam sentiments at the root of their antagonism. The authors outline public policy solutions aimed at promoting religious diversity in fair-minded host societies.