Tag Archives: Great Britain

Carey, “God’s Empire: Religion and Colonialism in the British World, c.1801-1908″

One of my research interests not obviously connected to law and religion involves the thought of the important late nineteenth-century British judge, colonial administrator, essayist, and all around force of nature, Sir James Fitzjames Stephen (see here and here).  But as I’ve examined his ideas, it’s become clear to me how important the relationship of the state and religion was to his general view of law and politics.

I’m therefore looking forward to checking out this book by Hilary M. CareyGod's Empire
(University of Newcastle, New South Wales), God’s Empire: Religion and Colonialism in the British World, c.1801-1908 (Cambridge University Press 2013), whose focus seems in part to be the Victorian period.  The publisher’s description follows.

In God’s Empire, Hilary M. Carey charts Britain’s nineteenth-century transformation from Protestant nation to free Christian empire through the history of the colonial missionary movement. This wide-ranging reassessment of the religious character of the second British empire provides a clear account of the promotional strategies of the major churches and church parties which worked to plant settler Christianity in British domains. Based on extensive use of original archival and rare published sources, the author explores major debates such as the relationship between religion and colonization, church-state relations, Irish Catholics in the empire, the impact of the Scottish Disruption on colonial Presbyterianism, competition between Evangelicals and other Anglicans in the colonies, and between British and American strands of Methodism in British North America.

Sowerby, “Making Toleration: The Repealers and the Glorious Revolution”

Speaking of the use of religious convictions in the construction of political Making Tolerationarguments, here is a very interesting book in the history of ideas involving the concept of toleration in the era of James II before the Glorious Revolution of 1688 and the Act of Toleration of 1689 — Making Toleration: The Repealers and the Glorious Revolution, by Scott Sowerby (Northwestern), available in early 2013 from Harvard University Press.  The publisher’s description follows.

In the reign of James II, minority groups from across the religious spectrum, led by the Quaker William Penn, rallied together under the Catholic King James in an effort to bring religious toleration to England. Known as repealers, these reformers aimed to convince Parliament to repeal laws that penalized worshippers who failed to conform to the doctrines of the Church of England. Although the movement was destroyed by the Glorious Revolution, it profoundly influenced the post-revolutionary settlement, helping to develop the ideals of tolerance that would define the European Enlightenment.

Based on a rich array of newly discovered archival sources, Scott Sowerby’s groundbreaking history rescues the repealers from undeserved obscurity, telling the forgotten story of men and women who stood up for their beliefs at a formative moment in British history. By restoring the repealer movement to its rightful prominence, Making Toleration also overturns traditional interpretations of King James II’s reign and the origins of the Glorious Revolution. Though often depicted as a despot who sought to impose his own Catholic faith on a Protestant people, James is revealed as a man ahead of his time, a king who pressed for religious toleration at the expense of his throne. The Glorious Revolution, Sowerby finds, was not primarily a crisis provoked by political repression. It was, in fact, a conservative counter-revolution against the movement for enlightened reform that James himself encouraged and sustained.

Trollope on American Religion

Anthony Trollope is a wonderful novelist of the Victorian period.  His Chronicles of Barsetshire series is both a window on nineteenth-century Britain and a stylistic masterpiece.  And he is the author of as stingingly elegant a line about literary talent as I have run across (composed at the expense of my man, James Fitzjames Stephen): “a poor novelist, when he attempts to rival Dickens or rise above Fitzjeames, commits no fault, though he may be foolish.” (from “Barchester Towers”)

Here is a fascinating quote from his travelogue, “North America” (1862), written long before President Eisenhower said something vaguely similar, though in a very different register:

I have said that it is not a common thing to meet an American who belongs to no denomination of Christian worship.  This I think is so: but I would not wish to be taken as saying that religion on that account stands on a satisfactory footing in the States.  Of all subjects of discussion, this is the most difficult.  It is one as to which most of us feel that to some extent we must trust to our prejudices rather than our judgments.  It is a matter on which we do not dare to rely implicitly on our own reasoning faculties, and therefore throw ourselves on the opinions of those whom we believe to have been better men and deeper thinkers than ourselves . . . .

It is a part of [the American] system that religion shall be perfectly free, and that no man shall be in any way constrained in that matter.  Consequently, the question of a man’s religion is regarded in a free-and-easy way.  It is well, for instance, that a young lad should go somewhere on a Sunday; but a sermon is a sermon, and it does not much concern the lad’s father whether his son hear the discourse of a free-thinker in the music-hall, or the eloquent but lengthy outpouring of a preacher in a Methodist chapel.  Everybody is bound to have a religion, but it does not much matter what it is.

Classic Revisited: Hamburger, John Stuart Mill on Liberty and Control

The historian of political ideas, Joseph Hamburger, who spent nearly all of his long and distinguished professional career in the Yale Department of Political Science, was an expert in 18th, but particularly 19th, century British intellectual history.  My little essays on Sir James Fitzjames Stephen as well as some book-related research on Edmund Burke have brought with them the great good luck of an introduction to the writing of this immensely thoughtful and erudite scholar.  Fairly recently, I picked up Professor Hamburger’s book on John Stuart Mill: John Stuart Mill on Liberty and Control (1999).

The thesis of the book is that the strong and unqualified libertarian understanding of Mill — the view that Mill was an unadulterated champion of freedom for its own sake — is very much mistaken.  Relying on the major works (the Logic, On Liberty, Utilitarianism, The Subjection of Women, etc.) as well as on many less well-known writings and letters, Hamburger argues that what interested Mill was liberty and control, and fairly substantial and intrusive types of state and social control at that:

[A]n explanation of Mill’s overarching argument in On Liberty must explain the coexistence of these two apparently opposite positions.  This is made necessary because the provisions for controls were not small exceptions to a general presumption that in most circumstances an expansive liberty ought to prevail . . . . [T]he range of cases in which [Mill] would punish, his approval of punishments for mere dispositions toward conduct that would injure others, and above all, his explanation of his purposes to [his friend] George Grote indicate that his rationale for liberty in combination with control  requires a different explanation.  It is also necessary to explain how, for Mill, the provisions for both control and liberty were not contradictory, but in fact were compatible means of implementing a coherent plan of moral reform.  (18-19)

Professor Hamburger proceeds in the following chapter to discuss the movement of Mill away from an interest in institutional reform (something which always greatly interested Bentham) toward a more ambitious plan for cultural and moral reform (in tandem with and inspired by his wife, Harriet).  He then spends several very interesting chapters discussing Mill’s aim to vanquish Christianity as the de facto social morality and replace it with a “religion of humanity” — the new moral system which would strike the balance between liberty and control properly:

The real task of religion was to direct emotions and desires away from low objects and to be “paramount over all selfish objects of desire.”  Moreover, it ought to make us disinterested: “It carries the thoughts and feelings out of self, and fixes them on an unselfish object, loved and pursued as an end for its own sake.”  Christianity, however, in Mill’s view, did anything but this:

The religions which deal in promises and threats regarding a future life, do exactly the contrary: they fasten down the thoughts to the person’s own posthumous interests; they tempt him to regard the performance of his duties to others mainly as  a means to his personal salvation; and are one of the most serious obstacles to the great purpose of moral culture, the strengthening of the unselfish and the weakening of the selfish element in our nature.  (43, quoting “Utility of Religion”)

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DeGirolami, “The Punishment Jurist”

I have a new paper, which is a chapter contribution for what will be a conceptual history of several foundational writings in criminal law and punishment.  It’s called, The Punishment Jurist, and deals with the thought of Sir James Fitzjames Stephen, a judge of the Victorian period.  The essay is more about criminal punishment than about law and religion, but there is a good bit about the latter as well.

In his major work of scholarship — the History of the Criminal Law of England (1883) — Stephen discusses (at the end of Volume II) the issue of “offenses against religion.”  And one of the matters he takes up is the crime of witchcraft.  I discuss his views of witchcraft and other offenses against religion to rebut the oft-heard and erroneous claim that Stephen believed the realms of morality and criminality to be co-extensive (notwithstanding his belief in the important connections between the two, and in turn between morality and religion), and the claim that Stephen is a punishment consequentialist full stop.

Comments are welcome.

Guy, “Thomas Becket: Warrior, Priest, Rebel”

The author John Guy (whose prior work includes biographies of Thomas More and Mary Queen of Scots) recently published Thomas Becket: Warrior, Priest, Rebel (Random House 2012).  You can click on the link for the publisher’s description, but here’s a useful review of the book by Samuel Gregg, and a bit from the review’s conclusion:

In his public life after death, Becket has assumed an iconic status for those seeking to defend religious liberty per se. Becket himself (like Thomas More) would have found that a rather strange notion. Becket’s concern was with the church’s freedom from undue temporal interference, rather than a more general conception of religious toleration. That development had to await, among other things, the wars of religion and what none other than Benedict XVI has described as one of the American Revolution’s many positive results. In the Catholic Church’s case, it also required careful rereading of scriptural, patristic and scholastic sources in order to recover Christianity’s original affirmation of religious liberty in the sense of immunity from coercion and as a necessary precondition for freely embracing religious truth.

And yet as Islam’s present traumas should remind us, a religion’s capacity to make distinctions between the spiritual and temporal realms makes a difference to the more general growth of freedom. As Guy points out, Henry VIII’s looting and destruction of the sanctuary of St Thomas Becket in September 1538, his burning of Becket’s remains, and the king’s posthumous designation of Becket as a “rebel and traitor to his prince” had a clear political purpose. “Only a monarch not unlike the earlier Henry,” Guy writes, “set on building a regional church under tight royal control, ring-fenced by the coast, as an integral part of a centralized state controlled by himself, could have spoken that way” (348).

It was of course the voice of tyranny, for which libertas ecclesiae and the life of Thomas Becket never cease to serve as constant reproaches.

Bernard, “The Late Medieval English Church”

A very interesting historical work by G.W. Bernard (University of Southampton) discussing the pre-Reformation Catholic Church in England: The Late Medieval English Church: Vitality and Vulnerability Before the Break With Rome (YUP 2012).  The publisher’s description follows.

The later medieval English church is invariably viewed through the lens of the Reformation that transformed it. But in this bold and provocative book historian George Bernard examines it on its own terms, revealing a church with vibrant faith and great energy, but also with weaknesses that reforming bishops worked to overcome.

Bernard emphasizes royal control over the church. He examines the challenges facing bishops and clergy, and assesses the depth of lay knowledge and understanding of the teachings of the church, highlighting the practice of pilgrimage. He reconsiders anti-clerical sentiment and the extent and significance of heresy. He shows that the Reformation was not inevitable: the late medieval church was much too full of vitality. But Bernard also argues that alongside that vitality, and often closely linked to it, were vulnerabilities that made the break with Rome and the dissolution of the monasteries possible. The result is a thought-provoking study of a church and society in transformation.

Bebbington, “Victorian Religious Revivals”

Another terrific looking book about religious history in Great Britain which also delves into some sociology of the religious “awakening” —  this one by David Bebbington (Stirling), Victorian Religious Revivals: Culture and Piety in Local and Global Contexts (OUP 2012).  An especially interesting feature of this book looks to be the study of the structure or organization of the revival, which is perhaps in some cases less spontaneous than one might believe.  The publisher’s description follows.

Revivals are outbursts of religious enthusiasm in which there are numerous conversions. In this book the phenomenon of revival is set in its broad historical and historiographical context. David Bebbington provides detailed case-studies of awakenings that took place between 1841 and 1880 in Britain, North America and Australia, showing that the distinctive features of particular revivals were the result less of national differences than of denominational variations. These revivals occurred in many places across the globe, but revealed the shared characteristics of evangelical Protestantism. Bebbington explores the preconditions of revival, giving attention to the cultural setting of each episode as well as the form of piety displayed by the participants.

No single cause can be assigned to the awakenings, but one of the chief factors behind them was occupational structure and striking instances of death were often a precipitant. Ideas were far more involved in these events than historians have normally supposed, so that the case-studies demonstrate some of the main patterns in religious thought at a popular level during the Victorian period. Laymen and women played a disproportionate part in their promotion and converts were usually drawn in large numbers from the young. There was a trend over time away from traditional spontaneity towards more organised methods sometimes entailing interdenominational co-operation.

Worden, “God’s Instruments”

Very interesting book about the religious dimensions of Puritan politics in 17th century England by Blair Worden (Royal Holloway College London), God’s Instruments: Political Conduct in the England of Oliver Cromwell (OUP 2012).  The publisher’s description follows.

The Puritan Revolution escaped the control of its creators. The parliamentarians who went to war with Charles I in 1642 did not want or expect the fundamental changes that would follow seven years later: the trial and execution of the king, the abolition of the House of Lords, and the creation of the only republic in English history. There were startling and unexpected developments, too, in religion and ideas: the spread of unorthodox doctrines; the attainment of a wide measure of liberty of conscience; new thinking about the moral and intellectual bases of politics and society. God’s Instruments centres on the principal instrument of radical change, Oliver Cromwell, and on the unfamiliar landscape of the decade he dominated, from the abolition of the monarchy in 1649 to the return of the Stuart dynasty in 1660.

Its theme is the relationship between the beliefs or convictions of politicians and their decisions and actions. Blair Worden explores the biblical dimension of Puritan politics; the ways that a belief in the workings of divine providence affected political conduct; Cromwell’s commitment to liberty of conscience and his search for godly reformation through educational reform; the constitutional premises of his rule and those of his opponents in the struggle for supremacy between parliamentary and military rule; the relationship between conceptions of civil and religious liberty. The conflicts Worden reconstructs are placed in the perspective of long-term developments, of which historians have lost sight, in ideas about parliament and about freedom. The final chapters turn to the guiding convictions of two writers at the heart of politics, John Milton and the royalist Edward Hyde, the future Earl of Clarendon. Material from previously published essays, much of it expanded and extensively revised, comes together with freshly written chapters.  

Sandberg on Whether Judges Understand Religion

Russell Sandberg (Cardiff U. Law School) has posted The Adventures of Religious Freedom: Do Judges Understand Religion? The abstract follows.

At the dawn of the twenty-first century, something rather unexpected happened: religion became significant again. Since the time of the Enlightenment, great thinkers had been quick to predict that religion would vanish in modern rational society and throughout the twentieth century this broadly became the case. However, the events of the late twentieth and twenty-first centuries have questioned these long held expectations about the decline of religion. One of the most noteworthy, but often overlooked, changes relates to law. Religious freedom is now recognised as a human right and discrimination on grounds of religion or belief has become explicitly prohibited. These new laws have led to a significant increase in litigation and discussion of ‘religious rights’ (a process which may be referred to as the ‘juridification of religion’) and long-standing assumptions and values have become questioned. The relationship between law and religion has become increasingly important and increasing controversial. This paper looks at several recent high profile effects in order to determine the effect of this ‘juridification of religion’. Cases concerning prayers said at Council meetings, refusals to give urine samples and protests outside St. Pauls Cathedral will be amongst those examined to determine whether judges truly understand religion and the extent to which the new legal framework is working.