Law,Principle, and the Theologico-Political History of Sovereignty

Abstract

This article takes it cue from the debate between Carl Schmitt and Erik Peterson regarding the possibility of political theology within Christianity, and in response, offers a conceptual-historical portrait of sovereignty and its juridical dimensions. Beginning with the introduction of Roman law into the medieval Church, the article traces the logic of “legal principle” as the basis of sovereign decision and how the form of legal distinctions adopted into canon law translate the Romanitas of law into the theory of papal sovereignty. By the Romanitas of law, that is to say the principle of sovereignty in law. The article then seeks to describe the conceptual translations of Roman politics and Stoic metaphysics into theological form and the logic of this translation into medieval natural law. The article concludes by evaluating how the civic theology of Rome is conceptually inherited by the politics and legal framework of sovereignty and returns to Peterson’s critique of Schmitt, arguing that political theology can be understood as a dynamic where politics is theologized, assuming that in the history of religion, theology and politics are never fully distinct to begin with.     

Competing Political Theologies: Intra-Muslim Polemics on the Limits of Prophetic Intercession

Abstract

This essay revolves around an analysis of a polemical exchange between two highly prominent Indian Muslim thinkers in Delhi, Shah Isma'il Shahid (d. 1831) and Fazl-i Haqq Khayrabadi (d. 1862), over the limits of the capacity of Prophet Muhammad to intercede (shafa'at) on behalf of sinners on the day of judgment. While focusing on this polemical moment, it explores the question of how this ostensibly theological debate on the limits of prophetic intercession connected to a much broader political debate surrounding the sociology of sovereignty under conditions of political change and transition. It argues that the opposing arguments on the limits of prophetic authority made centrally visible in this debate were intimately connected to larger questions surrounding the normative status of social hierarchies, distinctions and monarchical modes of being in early nineteenth-century India.     

Calvin and the Two Bodies of Christ: Fiction and Power in Dogmatic Theology

This article re-examines the slow rhetorical quality of Jean Calvin’s political theology by drawing attention to the literary dimensions of Calvin’s theological writing. In conversation with recent work on political theology and Ernst Kantorowicz’s The King’s Two Bodies (Princeton, NJ: Princeton University Press, 1985), I show how Calvin relies on a participatory grammar and a fictive rendering of the incarnation to theorize the relationship between the concrete body of Christ and the corporate “body” of the church. I argue that this recovers theological resources for maintaining a critical distance between words and things that resists absolutist incarnations of political theology. Foregrounding the role of fiction in constituting dogmatic theological arguments aids in distinguishing the role of theological analogies from mythical foundations. By better attending to the literary dimensions of dogmatic theological writings, it may be possible to further complicate and recast the relationship between theological categories and modern political thought.     

Gallican Liberties and the Catholic League

Summary

Theorists of Gallican liberty took as their premise the idea that France had an exceptional status amongst the national Christian churches. However, as contemporaries had noted, the precise definition of Gallican liberties remained at stake; Antoine Hotman noted in his treatise on the subject that ‘it is a strange phenomenon that everyone talks of the liberties of the Gallican Church and, most of the time, very few people know what they are and cannot account for their origins or for their progress’. Within the context of French reactions to the papal excommunications of Henri III and Henri de Navarre, and reception of the Tridentine decrees, the question of how to define Gallican liberty was an extremely pertinent one. This article examines the treatment of Gallican ideas in Catholic League treatises as they negotiated a balance between arguments for Gallican independence and indirect papal power. Despite accusations from their contemporaries that they were attacking the Gallican church, Leaguer discussions of Gallican liberty frequently proved to be an integral part of the argument that Catholicity was a ‘fundamental law’ of France.     

Jeremiah's new covenant: Jer 31, 31-34

Abstract

Old Testament texts are proof of how, for centuries, the attitude of the people towards the nations was a matter of debate.

This controversy, which is disputed in the context of diverse subjects, is even debated within the texts by different redactors. His evident that the background of the debate is not so much theological as social in nature

Neither particularists nor universalists could establish a natural relationship with people of the nations. Such a relationship is perceived only here and there between the lines where the focus is on everyday life

The debate between the advocates of particularism and those of universalism continues in the early Christian church     

An interpretation of Finnish religious nationalism: the four topoi of theological depoliticisation

ABSTRACT. The topic of this article is the relation between ‘politicality’ and theology in the discourse of Finnish religious nationalism during the Winter War of 1939–40 and the Continuation War of 1941–44. I shall draw on the ideas of Kari Palonen and Anthony D. Smith in attempting to thematise theological depoliticisation as an intrinsic element of religious nationalism. Also, I will elaborate its political significance in the Finnish context, where the role of traditional religion in the general development of nationalist thought has been particularly important. The specific focus is on how prominent representatives of the Finnish clergy related to war and nationalist claims in general. My interpretation is that their arguments were drawn from what I call the topoi of theological depoliticisation, which, at the same time, rendered the discourse extremely political.     

The Modern Revolution and the Collapse of Moral Analogy: Tocqueville and Guizot

Abstract

I locate the Leveller John Lilburne within the broader literature on the history of political thought and I challenge scholars who associate Lilburne's Leveller political thought with Hobbesian liberty, with proto-libertarianism, or with proto-bourgeois political thought. I advance an understanding of Lilburne as creatively merging central tenets of proto-liberalism with central tenets of republicanism. To develop this amalgamation of ideas, I go considerably beyond the Agreement of the People and the Putney Debates to explore the larger Leveller corpus. Through this investigation I articulate Lilburne's account of key concepts in the history of political thought including: liberty, tyranny, rights, rule, political participation, popular sovereignty, civic virtue, self-interest, harmony, antagonism, and institutional design. I conclude by arguing that we should consider the Levellers, particularly John Lilburne, as offering an early example of what has come to be called liberal-republican political thought, a way of theorizing found within the writings of English Commonwealthsmen.     

To Travel in One Place: Openings for a New Asceticism in the Theology of Stanley Hauerwas

Abstract

The article argues that there is an ascetic character implicit in Stanley Hauerwas's thinking and that a more explicit engagement with the Christian ascetical tradition could clarify some lines of thought in it, in particular the relationship between moral formation and witness. The way Hauerwas treats e.g. the virtues and practices that are used to pursue them, the role of spiritual authority and the difference between Church and world show clear similarities to the thought of early Christian ascetics, such as Evagrios of Pontos, Isaac of Nineveh and John Cassian. By showing how Hauerwas by addressing some key theological, ethical and political developments in modern theology opens up the possibility to overcome modern misunderstandings of asceticisms, the author argues for the relevance of asceticism as a political concept in today's world.     

At the End Returning to Questions of Beginnings

Abstract

This article engages directly with Jonathan Burnside and raises a set of further questions concerning how we read biblical law and the manner in which we might endeavor to teach it in the context of the critical and/or secular classroom. Respecting the wide-scope of Burnside’s approach and material covered, further attention to the historical and cultural contexts of biblical law, as well as a more transparent presentation of its complexity, allows us to be responsible readers of biblical law, appreciating its theological and legal sophistication.     

The Inglorious

Abstract

The essay argues that Sheldon Wolin's case for decoupling democracy and liberalism, which he makes in both editions of Politics and Vision (1960 and 2004), significantly depends on the historical argument Henri Cardinal de Lubac made in his book Corpus Mysticum: L'Eucharistie et l'Eglise au moyen âge (1944 and 1949). Such a claim for the importance of this dependence deepens our understanding of the significance of both Wolin and Lubac for contemporary debates about religion and democracy. To this end, the essay has two proximate goals: (1) by displaying Wolin's use of Lubac's arguments concerning the shifting use of the term corpus mysticum, we will have a better theological understanding of Wolin's complex criticisms of liberal democracy; and (2) in the midst of claims to uncertainty about the political implications of Cardinal de Lubac's thought, we will see some of the conclusions that one political theorist came to after considering a theological argument. Finally, this particular instance of a mutually critical dialogue of faith and political reason raises crucial questions for thinking about the ends of democracy.     

The “historical question” at the end of the Scottish Enlightenment: Dugald Stewart on the natural origin of religion,universal consent,and religious diversity

ABSTRACT

This study examines the leading early nineteenth-century Scottish moral philosopher Dugald Stewart’s discussion of the origin and development of religion. Stewart developed his account in his final work, The Philosophy of the Active and Moral Powers of Man (1828), in an effort to show that the fact that polytheism was the first religion of humankind does not undermine the truth of monotheism. He wrote in response to similar discussions presented in David Hume’s “Natural History of Religion” (1757), which argued for the primacy of polytheism, and Stewart’s old moral philosophy tutor Adam Ferguson’s Principles of Moral and Political Science (1792), which argued for the primacy of monotheism. Stewart accepted the conclusions of the Scots’ enlightened study of religion, which argued for truth of Hume’s account, but aimed to reassert many of the natural theological arguments about the naturalness of religion that the “Natural History” had challenged. Stewart’s discussion acts as a useful way by which we can assess the achievement of the literati’s study of religion.     

Contests about Natural Law in Early Enlightenment Copenhagen

This article discusses the works of the first two lecturers on natural law in Copenhagen, Henrik Weghorst and Christian Reitzer. Contrary to the existing scholarship which characterises their works as derivative of either Grotius or Pufendorf, the article argues that the character and significance of these works can only be grasped when understood in light of the local intellectual traditions which they built upon. Seen against this background, it becomes clear that Weghorst and Reitzer developed significantly different theories of natural law, disagreeing on such fundamental issues as the definition of law, the moral good, and the role of sociality in natural law. Following a tradition of Christian natural law in Kiel, Weghorst developed a theory of natural law fundamentally critical of the secularising theories of Grotius and Pufendorf, while Reitzer followed Pufendorf and his disciple Christian Thomasius in Halle. The article concludes by indicating how Weghorst’s and Reitzer’s works established the framework for discussions of natural law in the first decades of the eighteenth century, suggesting the need for further research into the significance of natural law for the early enlightenment in Denmark–Norway.     

Non-domination and the libera res publica in Cicero's Republicanism

ABSTRACT

This paper assesses to what extent the neo-Republican accounts of Quentin Skinner and Philip Pettit adequately capture the nature of political liberty at Rome by focusing on Cicero's analysis of the libera res publica. Cicero's analysis in De Republica suggests that the rule of law and a modest menu of individual citizens’ rights guard against citizens being controlled by a master's arbitrary will, thereby ensuring the status of non-domination that constitutes freedom according to the neo-Republican view. He also shows the difficulty of anchoring an argument for citizens’ full political participation in the value of non-domination. While Cicero believed such full participation (by elite citizens) was essential for a libera res publica, he, like other elite Romans, argued for participation on the basis of liberty conceived as the space to contend for and enhance one's social status. The sufficiency of the rule of law and citizens’ rights for securing a status of non-domination taken together with their insufficiency for ensuring a libera res publica suggests that neo-Republican accounts of liberty do not fully capture the idea as articulated in Cicero's Republicanism.     

“The New World” of Karl Barth: Rethinking the Philosophical and Political Legacies of a Theologian

ABSTRACT

It is only recently that a few histories of interwar European political thought have come to acknowledge that its discursive framing of ethical and social crises was closely interwoven with upheavals in the ways Europeans rethought and debated God. The first aim of the present article is to restore to Karl Barth (1886–1968) a central place in promulgating a thoroughly interdisciplinary approach to twentieth-century European ethical and political thought. Secondly, it seeks to correct the commonplace association of Barth’s theological revolution with radical and authoritarian political ideologies by exploring his early political thought and activities, whilst focusing on several of his most politically and intellectually influential ideas. The article concludes with a discussion of the wider implications of rethinking Barth’s role in intellectual history.     

Perspectives: On Political Science: Annual Index Volume 30, 2001

Abstract

Although Tocqueville called Jefferson “the greatest democrat, who has yet issued from within the American democracy,” a close reading of their works suggests that Tocqueville’s assessment of Jefferson was far more mixed than first appears. In the first section, I take up Jefferson’s understanding of the principles of the Declaration of Independence and offer arguments for why Tocqueville chose not to cite the Declaration in Democracy in America. Using those writings of Jefferson available to Tocqueville in French translation, I show that Tocqueville saw in Jefferson’s own understanding of those principles certain dangerous tendencies of the democratic mind. Yet there is one principle on which both agree: the natural right to political liberty and association. Section two compares their contrasting views of republican constitutionalism, taking into account Jefferson’s evolving views of republicanism as well as Tocqueville’s analysis of both the American constitution and his contributions to the committee that framed the French constitution in 1848. The concluding section analyzes their differing assessments of philosophical materialism and religion in preserving the political liberty both sought.     

Milton’s Euripides and the superior rationality of the heathen

ABSTRACT

If arguments have always been made either that Milton maintains the primacy of the Bible over classical literature, or that he often presents classical sentiments as congruent with the biblical, one claim that has rarely been made is that Milton is willing to assert the truth of classical literature over that of the Bible. This article argues that there are moments in the canon that show him capable of doing precisely this, with particular reference to the invocation of his favourite Greek dramatist, Euripides. The article considers Milton’s reading and interpretation of Euripides in his early poetry and prose, before examining more closely the citation of Euripides in two of the prose works which bear heavily on the question of how politically and religiously radical Milton was: The Tenure of Kings and Magistrates and De Doctrina Christiana. The turn to Euripidean authority over the biblical reveals Milton’s willingness to subject Scripture to the test of pagan wisdom, if he judges that wisdom to have superior claims to rationality. This willingness derives from the development of his ethical thought in the 1630s and early 1640s, and from his understanding of classical, patristic and contemporary authorities, including John Selden.     

Witnessing Whittaker Chambers: Communism,McCarthyism and the Confessional Self

ABSTRACT

Hobbes left a complicated legacy for the English Whigs. They thought that his Leviathan was all too powerful, but they found other elements in his thought more appealing – mostly his anticlericalism. Still, the precise relationship between Hobbes and the Whigs has remained underexplored, while some still argue that Hobbes was simply too much of an absolutist for the Whigs to rely on his political ideas. This article attempts to show that Hobbes was, in fact, recruited by proto- and early Whigs for their causes. It shows how Hobbesian ideas were used in the toleration debates of the 1660s and 1670s, and even in debates on human reason and liberty of conscience. Then it demonstrates how similar Hobbesian principles, and even phrases, were used subsequently in the formative years of Whiggism from the 1680s to the 1720s, by thinkers who were worried, as Hobbes was, about the political aspirations of the Church. By collecting a series of prominent thinkers who are associated with Whiggism and who engaged with Hobbes in various ways – including Buckingham, Marvell, Cavendish, Warren, Blount, Tindal, Trenchard and Gordon – this article shows that Hobbes was employed systematically in the service of Whig causes, such as limited toleration, civil religion and an opposition to religious persecution.     

‘Discipline and Interference’: Ruskin's Political Economy,Natural Law,and the Moral Disorder of Victorian England

When Ruskin turned from art and architectural studies towards political economy in the late 1850s works such as Unto This Last, Munera Pulveris and Time and Tide met with negative critical reactions. In these works he attempted to restore to the language of Victorian political economy the moral content which, he argued, had been lost since the time of Adam Smith, under a cloak of misleading scientific terminology associated with utilitarian ‘orthodox political economy’. In doing so, he resorted to pre-Enlightenment sources of political and economic practice. His study of classical, Biblical, medieval and selected renaissance texts led him to gradually embrace older natural law arguments which contrasted sharply with the assumptions of post-Enlightenment positivist forms of natural law and science. These older and more organic natural law based understandings informed the principles by which he established his ideas on economics as well as his late social experiment, the Guild of St George. The charter and oath of the Guild illustrates how Ruskin's early upbringing in the Protestant Evangelical tradition was replaced by a more comprehensive natural law tradition of ethics.     

God’s Sovereign Word

Abstract

Much political theory is funded by a purportedly “theological” notion of sovereignty. This essay re-reads and thereby deconstructs such a view. The argument presented herein is that certain political theorists—notably Schmitt, Bodin, and Hobbes—uncritically appropriate a “theological” notion of sovereignty as an analogy for political sovereignty. Engaging the work of Karl Barth, this essay undercuts such analogizing tendencies, contending that the “theological” superstructure on which so-called political theology is constructed is not theological but anthropological. Barth’s reconfiguration of theology, grounded not on natural law or reason, but on God’s self-revelation of Godself in Jesus Christ, offers a very different terminus a quem for political theology.