Category Archives: Marc O. DeGirolami

Romano, “Markets and Marketplaces in Medieval Italy, c. 1100 to c. 1440″

Apropos of recent posts by Mark and our guest, Professor Nathan Oman, here isRomano an interesting book by Professor Dennis Romano (Syracuse) on the cultural and moral importance of the market and the marketplace in the high medieval and early renaissance period, Markets and Marketplaces in Medieval Italy, c. 1100 to c. 1440, published by Yale University Press last month. The publisher’s description follows.

Cathedrals and civic palaces stand to this day as symbols of the dynamism and creativity of the city-states that flourished in Italy during the Middle Ages. Markets and Marketplaces in Medieval Italy argues that the bustling yet impermanent sites of markets played an equally significant role, not only in the economic life of the Italian communes, but in their political, social, and cultural life as well. Drawing on a range of evidence from cities and towns across northern and central Italy, Dennis Romano explores the significance of the marketplace as the symbolic embodiment of the common good; its regulation and organization; the ethics of economic exchange; and how governments and guilds sought to promote market values. With a special focus on the spatial, architectural, and artistic elements of the marketplace, Romano adds new dimensions to our understanding of the evolution of the market economy and the origins of commercial capitalism and Renaissance individualism.

Conference Honoring Kent Greenawalt

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.

Smith, “Sir Edward Coke and the Reformation of the Laws”

Here’s a new book, Sir Edward Coke and the Reformation of the Laws: Religion, Politics and Jurisprudence, 1578-1616, by David Chan Smith (Wilfred Chan SmithLaurier University, Ontario), published late last year by Cambridge University Press on Coke’s legal thought and the role of religion in the development of his views of church-state relations. The publisher’s description follows.

Throughout his early career, Sir Edward Coke joined many of his contemporaries in his concern about the uncertainty of the common law. Coke attributed this uncertainty to the ignorance and entrepreneurship of practitioners, litigants, and other users of legal power whose actions eroded confidence in the law. Working to limit their behaviours, Coke also simultaneously sought to strengthen royal authority and the Reformation settlement. Yet the tensions in his thought led him into conflict with James I, who had accepted many of the criticisms of the common law. Sir Edward Coke and the Reformation of the Laws reframes the origins of Coke’s legal thought within the context of law reform and provides a new interpretation of his early career, the development of his legal thought, and the path from royalism to opposition in the turbulent decades leading up to the English civil wars.

Harrison, “The Territories of Science and Religion”

The distinguished cultural historian Professor Peter Harrison’s (Oxford) 2011 HarrisonGifford Lectures concerned the relationship of religion and science. Now comes his new book, The Territories of Science and Religion, (this was the title of his first Gifford Lecture) just published by the University of Chicago Press. The first Gifford Lecture concerned the basic concepts of religion and science and their history, the changes that the concepts have undergone, and the utility (and disutility) of the concepts. The publisher’s description follows.

The conflict between science and religion seems indelible, even eternal. Surely two such divergent views of the universe have always been in fierce opposition? Actually, that’s not the case, says Peter Harrison: our very concepts of science and religion are relatively recent, emerging only in the past three hundred years, and it is those very categories, rather than their underlying concepts, that constrain our understanding of how the formal study of nature relates to the religious life.

In The Territories of Science and Religion, Harrison dismantles what we think we know about the two categories, then puts it all back together again in a provocative, productive new way. By tracing the history of these concepts for the first time in parallel, he illuminates alternative boundaries and little-known relations between them—thereby making it possible for us to learn from their true history, and see other possible ways that scientific study and the religious life might relate to, influence, and mutually enrich each other.

A tour de force by a distinguished scholar working at the height of his powers, The Territories of Science and Religion promises to forever alter the way we think about these fundamental pillars of human life and experience.

Raponi, “Religion and Politics in the Risorgimento”

I’m a bit late in noting this book, but the subject is so interesting that an Raponiexception was needed. Danilo Raponi’s (Goethe Universität Frankfurt am Main) still new Religion and Politics in the Risorgimento: Britain and the New Italy, 1861-1875, was published by Palgrave Mamillan last fall and looks to be a wonderful resource on an insufficiently studied topic. The publisher’s description follows.

This book examines Anglo-Italian political and cultural relations in the years of the ‘Roman Question’, and it analyses the impact and importance of religion in the construction of a British ‘Orientalist’ perception of Italy. It focuses on the British and Foreign Bible Society’s attempts to turn Italy into a Protestant nation, showing how perceived shortcomings in the national character of the Italians convinced the British that such ‘Protestantisation’ was necessary if Italy was ever to achieve nationhood. Their efforts encountered, however, strong popular and intellectual resistance from both the Italian people and the Catholic clergy, who called on Catholic Ireland to intervene in their defence. By looking at the interplay between religion and foreign policy, this book breaks through the boundaries between high politics and culture in a way that has not been attempted so far in the study of modern Italy, and puts religion at the centre of a harsh political and cultural war, one that was fought primarily on a transnational level.

Sobecki, “Unwritten Verities”

This March, Notre Dame University Press released the fascinating lookingSobecki volume, Unwritten Verities: The Making of England’s Vernacular Legal Culture, 1463-1549, by Sebastian Sobecki (University of Groningen). The publisher’s description follows.

In Unwritten Verities: The Making of England’s Vernacular Legal Culture, 1463-1549, Sebastian Sobecki argues that the commitment by English common law to an unwritten tradition, along with its association with Lancastrian political ideas of consensual government, generated a vernacular legal culture on the eve of the Reformation that challenged the centralizing ambitions of Tudor monarchs, the scriptural literalism of ardent Protestants, and the Latinity of English humanists.

Sobecki identifies the widespread dissemination of legal books and William Caxton’s printing of the Statutes of Henry VII as crucial events in the creation of a vernacular legal culture. He reveals the impact of medieval concepts of language, governance, and unwritten authority on such sixteenth-century humanists, reformers, playwrights, and legal writers as John Rastell, Thomas Elyot, Christopher St. German, Edmund Dudley, John Heywood, and Thomas Starkey. Unwritten Verities argues that three significant developments contributed to the emergence of a vernacular legal culture in fifteenth-century England: medieval literary theories of translation, a Lancastrian legacy of conciliar government, and an adherence to unwritten tradition. This vernacular legal culture, in turn, challenged the textual practices of English humanism and the early Reformation in the following century. Ultimately, the spread of vernacular law books found a response in the popular rebellions of 1549, at the helm of which often stood petitioners trained in legal writing. Informed by new developments in medieval literature and early modern social history, Unwritten Verities sheds new light on law printing, John Fortescue’s constitutional thought, ideas of the commonwealth, and the role of French in medieval and Tudor England.

Helmholz, “Natural Law in Court: A History of Legal Theory in Practice”

Whatever little I know about the ius commune–continental Europe’s set of Helmholzperennial legal principles (derived in part from Roman and Canon law) existing in a code-based system of law–I learned from the work of the distinguished medieval legal historian Professor R.H. Helmholz (Chicago). And because it is the 800th anniversary year of King John’s acceptance of the terms of Magna Carta, may I also recommend this podcast wherein Professor Helmholz gives a talk on Magna Carta “from a European perspective” (he begins to speak at just after the 5 minute mark and speaks for about 15 minutes).

Professor Helmholz’s very interesting latest book, Natural Law in Court: A History of Legal Theory in Practice, is being published next month by Harvard University Press. The publisher’s description follows.

The theory of natural law grounds human laws in the universal truths of God’s creation. Until very recently, lawyers in the Western tradition studied natural law as part of their training, and the task of the judicial system was to put its tenets into concrete form, building an edifice of positive law on natural law’s foundations. Although much has been written about natural law in theory, surprisingly little has been said about how it has shaped legal practice. Natural Law in Court asks how lawyers and judges made and interpreted natural law arguments in England, Europe, and the United States, from the beginning of the sixteenth century to the American Civil War.

R. H. Helmholz sees a remarkable consistency in how English, Continental, and early American jurisprudence understood and applied natural law in cases ranging from family law and inheritance to criminal and commercial law. Despite differences in their judicial systems, natural law was treated across the board as the source of positive law, not its rival. The idea that no person should be condemned without a day in court, or that penalties should be proportional to the crime committed, or that self-preservation confers the right to protect oneself against attacks are valuable legal rules that originate in natural law. From a historical perspective, Helmholz concludes, natural law has advanced the cause of justice.

Plantinga, “Knowledge and Christian Belief”

Professor Alvin Plantinga’s (Notre Dame) important book, Warranted ChristianPlantinga.ashx Belief, was a meditation on the relationship of Christian faith and reason. It was a work in epistemology of religion–an attempt to answer the question about the irrationality or the lack of justification for Christian belief.

Plantinga has now written a shorter volume for non-experts, Knowledge and Christian Belief, just published in April by Eerdmans. The publisher’s description follows:

In his widely praised Warranted Christian Belief (Oxford, 2000) Alvin Plantinga discussed in great depth the question of the rationality, or sensibility, of Christian belief. In this book Plantinga presents the same ideas in a briefer, much more accessible fashion.

Recognized worldwide as a leading Christian philosopher, Plantinga probes what exactly is meant by the claim that religious — and specifically Christian — belief is irrational and cannot sensibly be held. He argues that the criticisms of such well-known atheists as Richard Dawkins, Daniel Dennett, Sam Harris, and Christopher Hitchens are completely wrong. Finally, Plantinga addresses several potential “defeaters” to Christian belief — pluralism, science, evil and suffering — and shows how they fail to successfully defeat rational Christian belief.

Greve on “The Bob Jones Rule”

I was going to post on one particular exchange between Solicitor General Verrilli and Justice Alito in yesterday’s oral argument in the same-sex marriage case, but Professor Michael Greve’s post is a better read than what I can come up with. A bit:

Justice Alito: Well, in the Bob Jones case, the Court held that a college was not entitled to tax exempt status if it opposed interracial marriage or interracial dating. So would the same apply to a university or a college if it opposed same-sex marriage?

Solicitor General Verrilli: You know, I don’t think I can answer that question without knowing more specifics, but it’s certainly going to be an issue. I don’t deny that.

That answer is about as straightforward and committal as you’ll see from an experienced lawyer. It’s curious because the Solicitor General had excellent reasons to deny the point and to deflect the question. His task was to assuage worries about what the Court is being asked to do here and to script the justices’ forthcoming press release (formally known as “the opinion for the Court”): that’s not what this means. And he had a million ways of making reassuring noises. It’s not some complicated legal case, for Pete’s sake: all Mr. Verrilli needed was to argle-bargle for the remaining five minutes of friendly colloquy about First Amendment values, competing dignities, the arc of history, and the meaning of life. In short, Verrilli made the concession not because he had to; he volunteered it. Why?

Because if the tax exemption jazz becomes “an issue,” it’s decided the minute gay marriage becomes the constitutional baseline. Because everyone knows that. Because the LBGT folks already have those complaints and briefs in their drawers, to be filed (almost “certainly”) on July 1.  And because DoJ and the IRS and OCR, in their last remaining eighteen months in office, are in a hurry to roll over to their constituencies and to hammer the hold-outs, in meticulous observance of the law. A hallmark of this administration. Or maybe they’ll hand out waivers.

I don’t deny that” says “dare me. It’s not going to hurt me in this case, and I’ll plant a flag for the next cases.” Mr. Verrilli could have coasted; instead, he waited for his opening to push further. A heck of a lawyer, at his considerable best.

“Catholic Legal Theory: Aspirations, Challenges, and Hopes” at Villanova Law School

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.”