Tag Archives: Religious Freedom

The Libertas Project: Year Two

I am delighted to post a notice for two workshops this summer that are part of the excellent Libertas Project, spearheaded by my friend Michael Moreland of Villanova Law School and supported generously by the Templeton Foundation. I was pleased to serve as a moderator (together with Zachary Calo) at the workshop on religious freedom last year, and will do so again this July joined by Zak and Rick Garnett. I have posted details below, but please contact me (or any of the conveners) if you have an interest in participating.

Libertas Project

The Libertas Project at Villanova University School of Law is seeking applications for participation in its 2015 summer workshops on religious and economic freedom. The project will seek to bring together concerns about religious freedom and economic freedom in a framework that situates both topics amid a larger conversation about freedom, law, and virtue. The Libertas Project aspires to broaden the academic and public appreciation for religious freedom as a human good, while also bringing the insights of religion to bear on conversations about economic freedom as an essential component of a free society. A more detailed description of the project’s inspiration and goals is below. The Libertas Project is made possible through the support of a grant from the John Templeton Foundation.

To address these issues of religious and economic freedom, the Libertas Project will host a series of summer workshops at Villanova University School of Law. Each workshop will be comprised of approximately 20 participants drawn primarily from law but also welcoming scholars from related fields (philosophy, political science, religion, business, and economics, for example) as well as judges, policymakers, and journalists. The workshops will be structured around a set of common readings on each topic with group discussions, break-out sessions, and meals in order to foster scholarly networks and collaborative projects among the participants.

The dates for the 2015 summer workshops are July 6-8 on religious freedom and July 13-15 on economic freedom. Participants in the workshops will each receive an honorarium of $1500.

The workshop moderators will be Richard Garnett (University of Notre Dame), Marc DeGirolami (St. John’s University), and Zachary Calo (Valparaiso University) on religious freedom and Thomas Smith (Villanova University) and Mary Hirschfeld (Villanova University) on economic freedom.

The workshops will take place at Villanova University School of Law. Villanova is located 12 miles west of Philadelphia, the fifth-largest city in the United States and the second-largest city on the East Coast. The campus is situated on Philadelphia’s suburban Main Line, and Villanova is easily accessible by train, plane, car, or regional public transportation.

Due to limited travel funds, participants are asked to obtain travel funding from their home institutions, but travel scholarships are available.

To apply, please submit a brief statement of interest (and specifying whether you are interested in the workshop on economic freedom or religious freedom) with a current c.v. to the project leader, Michael Moreland, Vice Dean and Professor of Law at Villanova University School of Law (Moreland@law.villanova.edu) by March 1, 2015.

PROJECT DESCRIPTION

The Libertas Project addresses two topics related to freedom in the context of law and religion in American public life: religious freedom and economic freedom.

Religious freedom and economic freedom, though rarely treated together, illustrate both some of the shortcomings and the possibilities of American intellectual life, most especially in American law and legal scholarship. One of the challenges faced in American legal scholarship and political theory on religious freedom is the reduction of religious freedom to constitutional law, with little engagement with theological arguments or empirical research on religion in American public life. The leading casebooks and materials on law and religion – even those most sympathetic to religious views – often contain little engagement with theological sources. The American legal discourse on religious freedom is dominated by an understanding shaped by the constitutional framers and then worked out in U.S. Supreme Court doctrine. While important, such a focus omits what is often genuinely important about religious freedom and why it is worthy of constitutional protection in the first place. In addition to understanding the constitutional tradition, lawyers and policymakers also need to understand religious questions as they arise across theological traditions as well as in the history of political thought and practice.

At the same time, public discourse about economic freedom tends to avoid engagement with religion, resulting in an unnecessarily cramped view of the possibilities for mutual illumination between economic and religious aspirations. In some contemporary schools of thought, human beings are understood solely in terms of narrow economic motives. But if religion can be understood as a school for the cultivation of right desire for the benefit of individuals and the common good, putting religious traditions in conversation with economic theory and practice is critical to the effort to raise the most important questions about the meaning and purpose of economic activity: How does the cultivation of an entrepreneurial spirit liberate human capital for human prosperity in a good society? How does such a society manage risk and reward? How are economic motivations better understood when we place them in theological and social contexts? What is the relationship of the entrepreneurial spirit to the meaning of justice and equality? What resources might religious traditions bring to bear on the meaning of economic freedom?

The Libertas Project seeks to bring together legal, theological, and philosophical approaches in search of innovative answers to difficult legal and policy questions about human freedom, both economic and religious. With law students, legal scholars, and legal practitioners as one of the primary audiences, the insights produced by the project will inspire in current and future lawyers and policymakers a renewed commitment to both moral character development and free markets. The combination of economic freedom and religious freedom promises a society of responsible persons working toward the common good. In sum, the Libertas Project seeks to foster a greater understanding of the ways religious and economic freedom can bring about the development of character that advances the prosperity and health of the good society.

In Turkey, the Clash of Civilizations Continues

In academic and policymaking circles in the West, one hears a great deal about universal human rights. These rights, it is said, apply to everyone, everywhere; they are inherent in human nature. It’s an interesting idea. The problem is, not everyone agrees. That’s putting it mildly. Whole civilizations reject the Western conception of universal human rights, including, principally, freedom of expression and freedom of religion. We can tell ourselves that the conflict is temporary and superficial, that other civilizations are moving inexorably toward our understanding. We have international agreements! But much suggests the clash is profound and perduring.

Events in Turkey over the past weekend provide more evidence. On Saturday, 100,000 people gathered in the city of Diyarbakir to protest the publication of cartoons of the Prophet Muhammad in the French journal, Charlie Hebdo. One hundred thousand people – that’s hardly a fringe phenomenon. According to an account in a Turkish newspaper, speakers condemned the notion that freedom of expression extended to insults against the Prophet. Protesters held up placards with phrases such as “‘Damn those saying “I am Charlie,” and ‘May Charlie’s Devils not defame the Prophet.’”

These sentiments are not limited to the reaches of Anatolia. Prime Minister Ahmet Davutoğlu personally expressed his support for the protesters. At a meeting of the ruling AKP party in Diyarbakir, he sent greetings to the protesters, to “each and every brother who defends the Prophet Muhammad here.” (Ironically, Davutoğlu represented Turkey at the solidarity rally in Paris the weekend after the Charlie Hebdo attacks).  And, on Sunday, a court in Ankara ordered Facebook to block users’ access to pages containing content deemed insulting to the Prophet. According to the New York Times, Facebook immediately complied.

Of course, not everyone in Turkey endorses these actions, but that’s not the point. Throughout the country, and in many other places across the globe, millions disagree, profoundly, with how the West understands things. They are not about to change their minds. We need to pay attention. The clash of civilizations continues.

Holt v. Hobbs Podcast

Mark and I have recorded a podcast on this week’s Supreme Court decision in Holt v. Hobbs, the prison beard case. We discuss the facts, the holding, and broader implications for RFRA and religious liberty.

 

“The Oxford Handbook of Religion, Conflict, and Peacebuilding” (Omer et al., eds.)

This March, Oxford University Press will release “The Oxford Handbook of Religion, Conflict, and Peacebuilding” edited by Atalia Omer (University of Notre Dame), R. Scott Appleby (University of Notre Dame), and David Little (Harvard Divinity School).  The publisher’s description follows:

Oxford HandbookThis volume provides a comprehensive and interdisciplinary account of the scholarship on religion, conflict, and peacebuilding. Looking far beyond the traditional parameters of the field, the contributors engage deeply with the legacies of colonialism, missionary activism, secularism, orientalism, and liberalism as they relate to the discussion of religion, violence, and nonviolent transformation and resistance.

Featuring numerous case studies from various contexts and traditions, the volume is organized thematically into five different parts. It begins with an up-to-date mapping of scholarship on religion and violence, and religion and peace. The second part explores the challenges related to developing secularist theories on peace and nationalism, broadening the discussion of violence to include an analysis of cultural and structural forms. In the third section, the chapters explore controversial topics such as religion and development, religious militancy, and the freedom of religion as a keystone of peacebuilding. The fourth part locates notions of peacebuilding in spiritual practice by focusing on constructive resources within various traditions, the transformative role of rituals, youth and interfaith activism in American university campuses, religion and solidarity activism, scriptural reasoning as a peacebuilding practice, and an extended reflection on the history and legacy of missionary peacebuilding. The volume concludes by looking to the future of peacebuilding scholarship and the possibilities for new growth and progress.

Bringing together a diverse array of scholars, this innovative handbook grapples with the tension between theory and practice, cultural theory, and the legacy of the liberal peace paradigm, offering provocative, elastic, and context-specific insights for strategic peacebuilding processes.

Subway Ads and Mental Maps

Many thanks to Mark Movsesian and Marc DeGirolami for letting me return with a couple of guest posts.

I’ve been intrigued by some recent posts on this blog and how they confirm my long-held view that the normative decisions we make with respect to the law’s treatment of religion are deeply intermeshed with cognitive choices we make — how we “see” and understand religion.  Religious phenomena don’t fit easily or self-evidently into the mental maps by which we divide the pieces of the secular world.  All we can do is approximate, and those approximations matter.

subway1Let’s begin with Mark’s fascinating and wonderfully observant recent post about an ad for the Marble Collegiate Church that he recently saw in a New York City subway.  The ad itself was unremarkable, touting Marble Collegiate as “Church the way you always hoped it could be.”  (Marble Collegiate itself is more remarkable, founded in 1628 as a Dutch Reformed congregation and serving in the 20th century as Norman Vincent Peale’s pulpit for some 50 years.)  But the ad included a prominent disclaimer form the MTA (the local transit agency) taking up the bottom third of its precious space: “This is a paid advertisement sponsored by Marble Collegiate Church.  The display of this advertisement does not imply MTA’s endorsement of any views expressed.”  What gives? Continue reading

Conference: The Economic & Business Case for Freedom of Religion or Belief (Dec. 10)

On December 10, the United Nations NGO Committee on Freedom of Religion or Belief in New York will explore the connection between religious freedom and economic growth with a panel discussion featuring Dr. Brian Grim, president of the Religious Freedom & Business Foundation, and with responses from Prof. Silvio Ferrari, an expert on freedom of religion and the law, and Jeffrey French, an expert in the peacemaking potential of business.

Get more information here.

Sarkissian, “The Varieties of Religious Repression”

This February, Oxford University Press will release “The Varieties of Religious Repression: Why Governments Restrict Religion” by Ani Sarkissian (Michigan State University).  The publisher’s description follows:

The Varieties of Religious RepressionReligious repression–the non-violent suppression of civil and political rights–is a growing and global phenomenon. Though most often practiced in authoritarian countries, levels of religious repression nevertheless vary across a range of non-democratic regimes, including illiberal democracies and competitive authoritarian states.

In The Varieties of Religious Repression, Ani Sarkissian argues that seemingly benign regulations and restrictions on religion are tools that non-democratic leaders use to repress independent civic activity, effectively maintaining their hold on power. Sarkissian examines the interaction of political competition and the structure of religious divisions in society, presenting a theory of why religious repression varies across non-democratic regimes. She also offers a new way of understanding the commonalties and differences of non-democratic regimes by focusing on the targets of religious repression.

Drawing on quantitative data from more than one hundred authoritarian states, as well as case studies of sixteen countries from around the world, Sarkissian explores the varieties of repression that states impose on religious expression, association, and political activities, describing the obstacles these actions present for democratization, pluralism, and the development of an independent civil society.

Conference: “Muslim Minorities and Religious Freedom”

On December 15, 2014, the Religious Freedom Project at Georgetown University, in cooperation with Baylor University’s Institute for Studies of Religion, will host a conference entitled “Muslim Minorities and Religious Freedom:  A Public Dialogue.”

Muslim MinoritiesHow has the persecution of Muslim minorities affected their well-being in Europe and North America, the overall health of Muslim-majority nations, and the growth of violent Islamist extremism? Are Muslim minorities developing theologies that can bolster religious freedom, stable democracy, and economic growth, as well as undermine violent Islamist extremism? Join us as we explore these questions at a day-long conference featuring four panels of experts as well as a lunchtime keynote conversation between Professor Robert George of Princeton, Professor John Esposito of Georgetown, and Shaykh Hamza Yusuf of Zaytuna College.

Details can be found here.

Cross, “Constitutions and Religious Freedom”

In January, Cambridge University Press will release “Constitutions and Religious Freedom” by Frank B. Cross (University of Texas, Austin). The publisher’s description follows:

Many of us take for granted the idea that the right to religious freedom should be protected in a free, democratic polity. However, this book challenges whether the protection and privilege of religious belief and identity should be prioritized over any other right. By studying the effects of constitutional promises of religious freedom and establishment clauses, Frank B. Cross sets the stage for a set of empirical questions that examines the consequences of such protections. Although the case for broader protection is often made as a theoretical matter, constitutions generally protect freedom of religion. Allowing people full choice in holding religious beliefs or freedom of conscience is central to their autonomy. Freedom of religion is thus potentially a very valuable aspect of society, at least so long as it respects the freedom of individuals to be irreligious. This book tests these associations and finds that constitutions provide national religious protection, especially when the legal system is more sophisticated.

Conference at EUI (Florence) on The Roberts Court and the Protection of Religious Freedom in the United States

I am delighted to be participating this Wednesday in a conference at the European University Institute in Florence, Italy, on The Roberts Court and the Protection of Religious Freedom in the United States, organized by Center friends Olivier Roy and Pasquale Annicchino. Regretfully, my intervention will be virtual rather than in person. Here’s the description of the conference (in Italian) and the program:

Contesto 

John Glover Roberts Jr. è stato nominato Chief Justice della Corte Suprema degli Stati Uniti il 22 settembre 2005, nomina confermata una settimana dopo dal Senato con 78 voti favorevoli e 22 contrari. In questi 9 anni si sono succedute numerose decisioni di assoluto rilievo del massimo organo giurisdizionale statunitense. Tra queste alcune hanno portato a definitivo compimento una nuova interpretazione ed una differente applicazione delle due clausole del primo emendamento costituzionale che si occupano di libertà religiosa: la Free Exercise Clause e la Establishment Clause. Dopo aver inquadrato nel contesto storico e politico la presidenza Roberts, questo workshop intende esaminare le principali pronunce della Corte Suprema sulla libertà religiosa.

Ogni relatore sarà chiamato a commentare una pronuncia e, mediante un approccio di “law in context” a darne una interpretazione nell’ambito del più ampio sviluppo della giurisprudenza della Corte.

L’obiettivo è quello di realizzare un volume collettivo (in italiano) che possa offrire agli studiosi nuovo materiale di riflessione e studio su un argomento che tocca gli interessi scientifici sia dei costituzionalisti che dei cultori delle materie ecclesiasticistiche.

Funded by European Research Council 7th Framework Programme

Programma 

12.00-12.05 Introduzione

12.05-13.00 La Corte Roberts e la tutela della libertà religiosa 

Fred Gedicks | BYU, USA

Marc De Girolami | St John’s University, USA (intervento via Skype)

13.00-14.00 Pranzo di lavoro 

14.00-15.30 Discussione casi – I sessione 

Valentina Fiorillo | Università di Roma “La Sapienza”, Italia

Adelaide Madera | Università di Messina, Italia

Pasquale Annicchino | EUI, Italia

Discussione generale

15.30-15.45 Pausa caffé 

15.45-17.00 Discussione casi –II sessione 

Marco Ventura | KU Leuven, Belgio

Susanna Mancini | Università di Bologna, Italia

Diletta Tega | Università di Bologna e Corte costituzionale italiana, Italia

Discussione generale

17.00-18.15 Discussione finale