I was very pleased to take part in a conference yesterday at Columbia Law School honoring my old master, Kent Greenawalt, and 50 years of his teaching and writing. Together with Paul Horwitz and Andy Koppelman, I was on a panel involving church and state. Subsequent panels followed on free speech and legal interpretation (chiefly statutory interpretation, which has been Kent’s primary focus historically). I took the liberty of saying something about criminal law as well, yet another area in which Kent has made major contributions, including as one of Hebert Wechsler’s colleagues in revising the Commentaries to the general part of the Model Penal Code. Paul has a nice post on the event.
Here’s a quote of Kent’s I found in a piece written about a decade ago: “Criminal law scholars are much more divided about desirable approaches than they were in the 1950s, and even among centrist scholars, no one person now has the distinctive stature that Herbert Wechsler enjoyed.” Some of my comments considered and adapted that general thought in the context of law and religion scholarship today, where it is also apt for various reasons.
Just three additional notes from the panels. First, on the speech panel, there was some interesting discussion about the plausibility of the Austinian idea of performative utterances (a concept used and applied by Kent in this book)–whether the distinction between performative and non-performative speech holds up, or whether all utterances are in some way performative and so we need instead to focus on the quality of the performative speech at issue (threats of violence are different for regulatory purposes than a comment at an academic conference, though there may not be a big difference for performance purposes). Second, on the legal interpretation panel, Fred Schauer criticized the notion that “public meaning” cannot be ascertained without recourse to someone’s intentions (I believe Larry Alexander among others holds something like the opposite view), though of course one need not subscribe to original public meaning in order to believe that public meaning is coherent. Third, I had never quite realized (though I guess I should have) just how much sympathy Jeremy Waldron has for textualism. Jeremy talked about a seminar in statutory interpretation that he and Kent ran in the late 1990s and it was clear how much they differed in their respective approaches (and how much they enjoyed the debate). Jeremy’s talk included 12 ways in which legislation is qualitatively different from other group expression. One of the 12 was that legislation is “dangerous,” which I thought was an interesting thing to say.
For those who are interested, the Library of Law and Liberty has published my essay, We Remember the Genocide–And We Must Avert Another. In the essay, I draw parallels to the Armenian Genocide of 1915 and the persecution of Mideast Christians today:
Religiously motivated violence against Christians is not a new phenomenon. The attitudes classical Islam fosters—that Christians are vaguely alien dhmmis who can be tolerated as long as they remain subservient, but who forfeit protection if they assert equality or cooperate with outsiders—played an important role in 1915 and do so today. Again, most Muslims today do not endorse these attitudes, and other factors are involved, too. But to dismiss religion as a major factor in the current violence is to close one’s eyes to reality.
To read the full essay, please click here.
L-R: Kiely, Boghjalian, La Civita, Movsesian
For those who are interested, the Hudson Institute has posted the audio from last week’s panel (above), “Genocide and Crimes against Humanity.” I was one of the presenters, along with Sarkis Boghjalian (Aid to the Church in Need) and Michael La Civita (Catholic Near East Welfare Association). Fr. Benedict Kiely moderated. The audio link is available here (first link).
UPDATE: Video is now available at the Hudson website.
I’m honored to be speaking in New York today at an event sponsored by the Hudson Institute, “The Islamic State’s Religious Cleansing and the Urgency of a Strategic Response.” I’ll be discussing the Armenian Genocide on a panel titled “Genocide and Crimes against Humanity: The Islamic State’s Impact on Vulnerable Religious Minority Communities.” Other speakers include Cardinal Timothy Dolan, Walter Russell Mead, and Kirsten Powers.
Details about the program are here. CLR Forum readers, please stop by and say hello!
This has been another exciting and productive year for the Center for Law and Religion. We co-hosted a conference in Rome on international religious freedom that opened with an address by Pope Francis, as well as events in Manhattan and Queens on the persecution of Mideast Christians. We continued to host our award-winning blog, the Center for Law and Religion Forum, which you are now reading. And Center faculty published articles and book chapters, and participated in numerous academic conferences and panels.
Our annual report for 2013-2014 is available here. Please take a look. Thanks to our friends for their continuing support, and please let us know if you have any suggestions for future activities.
Just a quick note to say thanks and goodbye-for-now to Nate Oman of William & Mary, who blogged with us for the month of April. Nate’s very interesting posts covered markets, same-sex marriage, and the British monarchy, among other topics. We were delighted to have you with us, Nate, and hope you come back soon!
I’m delighted to be participating over the next couple of days in this year’s John F. Scarpa Conference on Law, Politics, and Culture at Villanova Law School: Catholic Legal Theory: Aspirations, Challenges, and Hopes. My subject is “Tradition and Catholic Legal Theory.”
I’m delighted to announce that I’ll be a speaker at the Hudson Institute’s upcoming conference, “The Islamic State’s Religious Cleansing and the Urgency of the Strategic Response,” scheduled for May 7 in New York. The conference will be lead by Cardinal Timothy Dolan and Professor Walter Russell Mead; other speakers include Kirsten Powers and Samuel Tadros. Here’s a description:
Nearly a year after the Islamic State swept through northern Iraq and enforced its convert-or-die ultimatum, tens of thousands of Iraqi Christians and members of other ancient religions remain in encampments in Kurdistan and neighboring countries. They subsist on international humanitarian aid and their children lack access to education. Many are losing hope of ever returning to their homes and, with few options to resettle within the region, many are seeking to leave.
Is there any hope that these Christians and other religious minorities can remain in the Middle East?
I’ll be on the first panel, “Genocide and Crimes Against Humanity: the Islamic State’s Impact on Vulnerable Religious Minority Communities.”
For the conference schedule and information about registration, please click here.
Professors DeGirolami, Annicchino and Movsesian with Seminar Students
We were delighted to have our old friend, Dr. Pasquale Annicchino of the European University Institute in Florence, visit with us yesterday. Pasquale gave a presentation in Mark’s Comparative Law & Religion seminar about his brand new book, Esportare La Libertà Religiosa: Il Modello Americano Nell’arena Globale [“Exporting Religious Freedom: The American Model in the Global Arena”] (Il Mulino). (For those that may not know, il Mulino is Italy’s most prestigious publisher). The book’s primary concern is about the influence of the International Religious Freedom Act of 1998 on international conceptions of religious liberty, and the different sorts of ideological and related resistance that the American model has encountered. The book has been discussed and reviewed in Il Corriere della Sera, Il Foglio, and The Economist.
Here’s the description of the book:
Con l’adozione nel 1998 dell’lnternational Religious Freedom Act gli Stati Uniti hanno posto al centro della loro politica estera la protezione e la promozione del diritto di libertà religiosa. Le istituzioni e le politiche che sono seguite hanno permesso agli Stati Uniti di ergersi a modello di iniziativa per la tutela della libertà religiosa nell’arena globale. Lungi dal rimanere un esperimento isolato, l’iniziativa statunitense ha influenzato l’Unione Europea, il Canada, il Regno Unito e l’Italia. Il volume analizza il modello normativo-istituzionale americano e passa in rassegna i sistemi che ad esso si sono ispirati. Ne risulta una libertà religiosa indebolita nella sua concezione universale ed unitaria e minacciata da specifici interessi politici e nazionali.
[With the adoption in 1998 of the International Religious Freedom Act the United States placed the protection and promotion of religious freedom at the center of its foreign policy. The institutions and politics that followed allowed the United States to raise up its initiative as a model for the defense of religious freedom in the global arena. Far from being an isolated experiment, the US initiative has influenced the European Union, Canada, the United Kingdom, and Italy. This volume analyzes the American normative-institutional model and surveys the systems that it has inspired. What has resulted is the weakening of religious freedom as a universal conception, threatened by specific political and national interests.]
A warm welcome to Professor Nate Oman, who will be our guest for the month. Nate teaches at the William & Mary Law School, and his most recent publications include International Legal Experience and the Mormon Theology of the State, 1945-2012, 100 Iowa L. Rev. 715 (2015) and an excellent co-authored piece on the Hobby Lobby case, Hobby Lobby, Corporate Law, and the Theory of the Firm: Why For-Profit Corporations are RFRA Persons, 124 Harv. L. Rev. F. 273 (2014) (with Alan Meese).
Nate has just finished a book manuscript on the philosophy of contract law that offers doux commerce as a justification for contract law. He is writing about different theories of how the law should structure the relationship between commerce and religion. His first post with us, Indiana and Doux Commerce, is up today. Great to have you with us, Nate.