Tag Archives: Law and Theology

Adams, Pattison, & Ward, The Oxford Handbook of Theology and Modern European Thought

Oxford HandbookNext month Oxford University Press will publish The Oxford Handbook of Theology and Modern European Thought edited by Nicholas Adams (University of Edinburgh), George Pattison (University of Oxford), and Graham Ward (University of Oxford).  The publisher’s description follows.

 ’Modern European thought’ describes a wide range of philosophies, cultural programmes, and political arguments developed in Europe in the period following the French Revolution. Throughout this period, many of the wide range of ‘modernisms’ (and anti-modernisms) had a distinctly religious and even theological character-not least when religion was subjected to the harshest criticism. Yet for all the breadth and complexity of modern European thought and, in particular, its relations to theology, a distinct body of themes and approaches recurred in each generation. Moreover, many of the issues that took intellectual shape in Europe are now global, rather than narrowly European, and, for good or ill, they form part of Europe’s bequest to the world-from colonialism and the economic theories behind globalisation through to democracy to terrorism. This volume attempts to identify and comment on some of the most important of these.

 The thirty chapters are grouped into six thematic parts, moving from questions of identity and the self, through discussions of the human condition, the age of revolution, the world (both natural and technological), and knowledge methodologies, concluding with a section looking explicitly at how major theological themes have developed in modern European thought. The chapters engage with major thinkers including Kant, Hegel, Kierkegaard, Heidegger, Schleiermacher, Nietzsche, Dostoevsky, Barth, Rahner, Tillich, Bonhoeffer, Sartre, de Beauvoir, Wittgenstein, and Derrida, amongst many others. Taken together, these new essays provide a rich and reflective overview of the interchange between theology, philosophy and critical thought in Europe, over the past two hundred years.

Theological Argument in Law: Engaging with Stanley Hauerwas

From our friend John Inazu, we get news of the publication of the latest issue of Law and Contemporary Problems, a symposium on the work of Stanley Hauerwas and theological argument in law which John put together.  Congratulations to him and to all of the contributors for their pieces.  Here is a portion of John’s foreword to the symposium (footnotes omitted):

Some of Hauerwas’s critics may be right to argue that he “reacts against a type of liberalism that exists mostly on the pages of books by Rawls, Rorty, and their followers, and not in actual practice.” But that description is at least true of the academy.  Much teaching and scholarship relies upon unacknowledged constraints on argumentative practices from professors who embrace the ideals of Rawlsian public reason or, more strikingly, whose epistemic commitments welcome a spectacular diversity of viewpoints and worldviews—except for theological ones. As a result, a great deal of scholarship ignores or too easily dismisses theological argument. If public reason and epistemic bias have succeeded anywhere in squelching theological argument, it is in the academy.

Contrary to the academy’s dominant orthodoxies, Hauerwas insists that Christian theology properly belongs in contemporary discourse: “[A]t the very least Christianity names an ongoing argument across centuries of a tradition which has established why some texts must be read and read in relation to other texts.” As a result, “Christians for all their shortcomings still represent an ongoing educated public that means they must . . . have agreements that make their disagreements intelligible.” It is for this reason that

[Christians] should not avoid exploring what differences their convictions might make for why they do what they do. That difference will, of course, vary from subject to subject but surely such an investigation is the kind of work a university should sponsor. I obviously think that would be true of those working in other religious and nonreligious traditions. Of course, such work would make the university more conflictual but I see no reason why that is a disadvantage.  (Stanley Hauerwas, The State of the University: Academic Knowledges and the Knowledge of God 91 n.19 (2007)).

Lemert, “Why Niebuhr Matters”

From Charles Lemert (Wesleyan/Yale), an overview of the career of 20th Century Protestant  theologian and public intellectual Reinhold Niebuhr, Why Niebuhr Matters (Yale 2011). Niebuhr has been much in the news lately as the inspiration for liberal realism in contemporary American politics; Barack Obama, among others, has acknowledged his debt to him. Niebuhr has also been the subject of other recent books, including one CLR Forum has noted. The publisher’s description follows.

Reinhold Niebuhr (1892–1971) was a Protestant preacher, an influential religious thinker, and an important moral guide in mid-twentieth-century America. But what does he have to say to us now? In what way does he inform the thinking of political leaders and commentators from Barack Obama and Madeleine Albright to David Brooks and Walter Russell Mead, all of whom acknowledge his influence? In this lively overview of Niebuhr’s career, Charles Lemert analyzes why interest in Niebuhr is rising and how Niebuhr provides the answers we ache for in the face of seismic shifts in the global order.

In the middle of the twentieth century, having outgrown a theological liberalism, Niebuhr challenged and rethought the nonsocialist Left in American politics. He developed a political realism that refused to sacrifice ideals to mere pragmatism, or politics to bitterness and greed. He examined the problem of morality in an immoral society and reimagined the balance between rights and freedom for the individual and social justice for the many. With brevity and deep insight, Lemert shows how Niebuhr’s ideas illuminate our most difficult questions today.

Diggins, “Why Niebuhr Now?”

From the University of Chicago Press, a posthumous work by the late historian John Patrick Diggins (CUNY Graduate Center), Why Niebuhr Now? (2011),  on the public theology of Reinhold Niebuhr. The publisher’s description follows.

Barack Obama has called him “one of my favorite philosophers.” John McCain wrote that he is “a paragon of clarity about the costs of a good war.” Andrew Sullivan has said, “We need Niebuhr now more than ever.” For a theologian who died in 1971, Reinhold Niebuhr is maintaining a remarkably high profile in the twenty-first century.

In Why Niebuhr Now? acclaimed historian John Patrick Diggins tackles the complicated question of why, at a time of great uncertainty about America’s proper role in the world, leading politicians and thinkers are turning to Niebuhr for answers. Diggins begins by clearly and carefully working Continue reading

Schiltz on Exposing the Cracks in the Foundations of Disability Law

Elizabeth Rose Schiltz (University of St. Thomas School of Law) has posted Exposing the Cracks in the Foundations of Disability Law. This paper was presented at the September 9, 2011 Law & Contemporary Problems symposium, “Theological Argument in Law: Engaging with Stanley Hauerwas,” held at Duke Law School. The abstract follows. – ARH

The theologian Stanley Hauerwas has described people with intellectual disabilities as “the crack I desperately needed to give concreteness to my critique of modernity. No group exposes the pretensions of the humanism that shapes the practices of modernity more thoroughly than the mentally handicapped.” Indeed, modern practices with respect to the mentally handicapped are undeniably puzzling. On the one hand, advances in the ability to prenatally diagnose genetic conditions that cause mental retardation are widely heralded and enthusiastically embraced, as evidenced by the declining numbers of children born with Down Syndrome worldwide, despite the fact that advancing maternal ages should be resulting in an increase in those numbers. On the other hand, laws that express a strong commitment to the equal treatment of our fellow citizens with disabilities continue to be enacted – from the Individuals with Disabilities Education Act in 1975, ensuring the education of children with disabilities in our public schools, to the Americans with Disabilities Act in 1990, prohibiting discrimination against people with disabilities in public accommodations and employment, to the Genetic Information Nondiscrimination Act in 2008, prohibiting employers or health insurers from discriminating based on information from genetic tests.

Hauerwas diagnoses these puzzling inconsistencies in contemporary society’s attitudes toward the disabled as evidence of the flaws of modern humanism. Humanism’s emphasis on rationality and capacity for reason is the most obvious target of any critique focused on people with intellectual disabilities, whose capacity for reason is, by definition, compromised to some degree. Continue reading

Inazu on Stanley Hauerwas and the Law

As Marc DeGirolami has previously noted, John D. Inazu (Wash. U. School of Law) organized the September 9, 2011 Law & Contemporary Problems symposium, “Theological Argument in Law: Engaging with Stanley Hauerwas.” Inazu has recently posted a special editor’s introduction to that symposium entitled, Stanley Hauerwas and the Law: Is there Anything to Say? The abstract follows. – ARH

This essay is the special editor’s introduction to a forthcoming symposium in Law & Contemporary Problems that explores the work of theologian Stanley Hauerwas and its implications for law and legal scholarship. Although not well-known in the legal academy, Hauerwas is an important scholar and public intellectual who has written scores of books and hundreds of articles, been named “America’s Best Theologian” by Time Magazine, and delivered the prestigious Gifford Lectures. He has arguably “articulated the most coherent and influential political theology in and for the North American context” and has been “at the forefront of major transformations in theology” including virtue ethics, the role of narrative and community, and understandings of medicine and illness. The inattention to Hauerwas in legal scholarship is particularly odd given that he has written for decades about issues central to thelaw: violence, liberalism, bioethics, theories of disability, theories of interpretation, capital punishment, just war theory, reconciliation, public reason, patriotism, euthanasia, abortion, and religious freedom, to name only a few of the more obvious connections. And the general lack of familiarity with Hauerwas by legal scholars (even among many of those who write in the area of “law and religion”) has contributed to a growing divide. Continue reading