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Law and Policy

Hunting the Predators

I found this video while prepping my Cybersecurity Law syllabus for next semester.  Chilling.

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Law and Policy

How Christianity Shaped our Founding Documents?

I recently saw a notice from a local church promoting “a new series called Sermons that Shaped America. It’s a look back in history to understand how Christianity helped shape our Founders as well as our early public documents.” The first sermon will feature an interview with a conservative Republican Congressman who represents the church’s district.

Thankfully this isn’t something that would happen at my church.  I suspect that an interview with a Congressman of either political party during a worship service is not something the founders of the New Testament Church — the folks we Christians should really consider “our Founders” — would have found sanguine.  Indeed, I think the writer of John’s Apocalypse would have had a nasty metaphor or two on offer (consorting with the Whore of Babylon, perhaps?).

But what about the broader claim suggested by this sermon series?  Were America’s founding documents shaped by Christianity?

I’ve had the opportunity to study this question, both as a lawyer and as an undergraduate (my history thesis project was on the philosophical roots of the U.S. Constitution).  My answer is that our founding documents surely were “shaped by” Christianity, in the sense that everything in 18th Century America participated in or responded to a culture of  Calvinist-evangelical protestantism.  However, the key documents (including the Declaration of Independence and the Constitution) were most directly informed by Enlightenment liberal political thought derived from John Locke and related sources, most of which was not particularly “Christian.”

I coincidentally received yesterday a copy of a new book by Messiah College historian John Fea, Was America Founded as a Christian Nation?  A Historical Introduction (WJK 2011).  From a brief review, I think Fea offers a wonderfully fair and balanced account of the people and documents that shaped the Republic — and along the way, provides helpful instruction on what it means to think historically.  I wish every preacher tempted to offer a sermon series on the American founding would read it.

A good example is Fea’s discussion of the Declaration of Independence.  According to Fea, the Declaration was not originally a grand, novel statement about human rights.  It was a “foreign policy document” intended to justify America’s place in the community of European nations, all of which already subscribed to the general statements about human rights (meaning, of course, the rights of white males) in the Declaration.  The Declaration only became a more broad “human rights” document later in the nation’s history (for example, in the hands of Abraham Lincoln during the Civil War).  Ironically, the Declaration is a such a grand statement today only because it is a “living” document.

What about the references to God in the Declaration (it refers to “Nature’s God,” the “Creator,” and the “Supreme Judge of the World” and “divine Providence”)?  These are neither “Christian” nor “Deist” references.  They do not incorporate Christianity’s Triune God or any reference to Christ, but they refer to God as “Judge” in a way that suggests something more than Deism’s indifferent watchmaker.  They can properly be considered, Fea suggests, as generally theistic references that are consistent with the broad presuppositions of most 18th Century Americans and Europeans.

The Declaration was neither a “Christian” document nor a “secular” or “Deistic” one.  It was a foreign policy statement that reflects the complex and broadly theistic culture of its day.  This sort of conclusion isn’t satisfying to polemicists on either side of the culture wars.  It doesn’t “preach.”  But it does bear the virtue of truth, which is ultimately more interesting and edifying than propaganda.

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Law and Policy Theology

Milbank for Christian Lawyers

Here’s a short piece I wrote for The Christian Lawyer magazine.  This issue will include introductions to various theologians by Christian law professors.

John Milbank for Christian Lawyers

The role of positive law in a pluralistic democracy presents a significant theological problem for anyone who takes Christian theology seriously.  That this is so might not seem immediately evident to many Christian lawyers in America. 

If you are reading The Christian Lawyer, there is a more than fair chance that you have been influenced by the American culture wars.  Whether you consider yourself “progressive,” “conservative,” or something in between, if your conception of positive law has been shaped by the culture wars, you probably think the task of the “Christian lawyer” in the public square is to explain in neutral terms, accessible to everyone, why certain legal rules or policies comport with intrinsic, self-evident, common-sense notions of what is good for society. 

Theologically, this approach is tied to views of “natural law” or “common grace” that assume most people in most times and places basically know what is really good and bad.  The longstanding theological problem of the relation between nature and grace is essentially passed over by assuming that the inherent imago Dei, or grace, or some vague combination of both, provides common ground for public reason. 

Curiously, for many culture warriors, nature and/or grace usually seem to deliver reasons that look much like the platforms of one or the other of the major political parties.  If you have a sneaking suspicion that this is too optimistic, too easy, too closely wedded to the preoccupations of American power politics and the selfish logic of the market, too attached to modern notions of “neutral” human reason divorced from the historic commitments of Christian faith, you might want to explore the work of John Milbank.

In his influential and difficult book Theology and Social Theory:  Beyond Secular Reason (Blackwell, 2d ed., 2006), Milbank seeks to re-infuse Christian theology with the priority of metaphysics and ontology.  He excavates the Christian philosophical tradition in an effort to recover the pre-modern idea that Christian theology is a scientia that comprises the true explanation of what reality really is like.  At times, Milbank sounds like the contemporary neo-Thomists and neo-Calvinists who tend to dominate the law and religion discourse in America.  He notes, for example, that “more importance must be given to propositions, and so to ontology,” than is permitted by the post-liberal cultural-linguistic theory of doctrine that in recent years has provided the most clear path between fundamentalism and liberalism (TST, at p. 384).

But Milbank takes seriously the postmodern critique of foundationalism.  He mercilessly deconstructs all social theories, whether secular or presumptively Christian, based on any supposed foundation other than the reality narrated in the Christian story and incarnated in the Christian community.  Any account of reality in which there is any such thing as “secular reason,” for Milbank, represents pagan or atheistic philosophy.  Christian theology need not “answer” to secular reason.  Rather, the reality of the Christian God revealed in Jesus Christ is the only ground for any sort of account of “reason.”

Many readers will disagree with some of the implications for political theology that Milbank draws from this return to ontology, not least his version of “Christian socialism.”  Yet some of those same readers might be surprised to note the affinities between Milbank and, say, Abraham Kuyper’s sphere sovereignty as developed by his student Herman Dooyeweerd.  In any event, anyone who makes the effort to read through Theology and Social Theory will be rewarded with a renewed commitment to the priority of a thoroughly theological account of the good in relation to any truly “Christian” theory of positive law.

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Law and Policy Spirituality

David Bentley Hart on Capital Punishment

An excellent column in First Things from David Bentley Hart.  The volume and quality of many of the comments following it is also astounding.

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Law and Policy Spirituality

Good USA Today Article on Conservative Christians and Gay Rights

Some friends may disagree with me, but I think this piece in USA Today is excellent (HT:  Q Ideas).  Excerpts below:

You get the sense, observing the shifting cultural landscape, that we’ve reached a point on gay rights that is similar to that moment in a football game, or an election, or a relationship, when you know it’s over even though it’s not over.

It appears increasingly obvious that social acceptance of gay men and lesbians and insistence on their equal rights are inexorable. If the repeal of “don’t ask, don’t tell” weren’t enough to signal the turning point, or the classification of several gay-resisting Christian right organizations as “hate groups” by the Southern Poverty Law Center, there came news that Exodus International was ending its involvement in the anti-homosexuality “Day of Truth” in U.S. high schools. “We need to equip kids to live out biblical tolerance and grace,” Exodus President Alan Chambers explained, “while treating their neighbors as they’d like to be treated, whether we agree with them or not.”

Add it up, and you see a decision point at hand for socially conservative Christian groups such as the Family Research Council that have led resistance to gay rights. Do they fight to the last ditch, continue shouting the anti-gay rhetoric that rings false and mean to the many Americans who live and work with gay people, or who themselves are gay? Or do they soften their tone and turn their attention to other fronts?

Prayerful discernment and simple Christian decency would strongly suggest the latter. The alternative looks worse by the day — a quixotic battle more likely to discredit its fighters and their fine religion than win any hearts and minds for Jesus. Christianity has far worthier causes than this.

For all its drama and rally-the-troops appeal, “fighting to the end” is a sure loser. More and more Americans — young people in particular, Christians very much included — know gay men and lesbians and see how the anti-gay talking points and caricatures fail to square with the reality under our noses.

 But the Bible says … “Young Christians increasingly have family members who are gay, have people in their lives who really matter to them who are gay, and that changes how they approach these issues,” says Gabe Lyons, author of the new book The Next Christians and a leader and chronicler of the new generation of evangelicals. “This doesn’t mean their convictions on the matter have changed, but in this new environment, people don’t want to see their friends being discriminated against; they don’t want them labeled as someone who should be feared and blamed.”
….

In explaining its withdrawal from the “Day of Truth,” Exodus International outlines a smart way forward for conservative Christian groups — one that does not require that they sacrifice their core beliefs. Note that Alan Chambers did not announce a change in his organization’s philosophy that people can be saved from homosexuality through faith in Christ. What he did signal, though, was a change in tone and emphasis, and in doing so he invoked a foundational Christian principle: Treat others as you wish to be treated.

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Law and Policy Spirituality Theology

The Girl in the Dog Cage, the Lion, and the Lamb

Somewhere in America right now, there is a little girl locked in a dog cage.  A man will bind her with duct tape.  The man will sexually abuse her while another takes pictures and videos.  The men will distribute these materials over a vast network of child pornography file sharing servers.  Tens of thousands of other men will look at the pictures and videos, discuss them in chat rooms, use them as masturbatory tools, and demand more.  And they will get more, much more.

I know this is true because I’m teaching a course this semester on “Cybersecurity Law.”  Most of the course focuses on commercial and public espionage – hacking, data theft, and so on.  This week, however, the topic has been online safety – cyberstalking, harassment, obscenity and child pornography.  Our guest speaker yesterday was the Brian Sinclair, Chief of the Computer Crime Prosecution Unit in Bergen County, New Jersey.  While he mercifully didn’t show us any of the volumes of child porn his unit has seized over the years (it is technically a felony to display such materials even in an educational setting), he described in general terms the sorts of things that commonly appear, including what he noted as  “disturbing recent trend” towards the literal caging of victims.

It is nearly impossible to theologize about something like this without becoming either morose or trite.  Bergen County is a wealthy suburb of New York City, and most of the perpetrators of child pornography and child cyberstalking here are educated middle-aged men.  I could write about how the corruptions of wealth and power tempt these men to think of themselves as above any sense of law, morality or decency.  Or, I could write about the perversion of the mainstream entertainment media, and how it feeds into far darker “entertainments.”  I could explore how these sorts of practices explode whatever reticence I might have about the personal reality of the “demonic.”  These are worthy topics.

But I feel compelled to write today about the victims.  The girl in the cage is rarely rescued.  As Assistant Prosecutor Sinclair explained, in the rare cases where the prosecution is able to obtain a victim statement, the victim usually has already grown to adulthood.

Where is “Justice” for these victims?

This is a piercing theological question.  Any wise theologian will first admit that he or she cannot really offer anything like a satisfying answer.  As a Christian, I cannot offer a satisfying answer.  I can offer a Lament.  I can offer some action, even the meager offering of a law school course that maybe helps raise awareness.   And I can cling to a glimmer of hope, which I know with the heart of faith is more than a glimmer:  Christ will return and make this right.  Indeed, I can pray for these victims, and as I do so I can strain forward with the Church and the saints throughout all the ages towards the day when Christ will bring final justice into this world, the day of his return.

We Christians have lost, I’m afraid, the “blessed hope” of Christ’s return (Titus 2:13).  On the one hand, this is because the dispensational “Left Behind” theology has perverted this hope into a wish for me to be “raptured,” leaving the world – including the girl in the cage, if she has not made a “conscious decision for Christ” (and how could she, being locked up and tortured?) — to burn in dramatic High Definition and Dolby Surround Sound.  It’s a sort of parousia porn.  On the other hand, the this-worldly rendering of the parousia popularized by figures such as Jurgen Moltmann and N.T. Wright, while offering a valuable and necessary correction to dispensationalism, at times seems to mitigate the drama and decisiveness of Christ’s personal return.

The Biblical drama of the parousia is that it is a final unveiling of what is truly real.  Evil and injustice and the powers of this world are to be unmasked and shown for what they truly are.  Christ is to be shown fully for who he truly is.  The Church is to be shown fully for what it truly is.  All will see and know.

The girl in the cage will see and know. If the Bible’s claims about God’s unwavering compassion for the poor and oppressed are true, then I have a confident hope, indeed a kind of certainty, that the girl in the cage will recognize Christ the Lamb, will be drawn into his blessed presence, will be welcomed into the company of the saints who have held her in their prayers, will be marvelously healed.

The men with the duct tape and cameras will see and know.  I won’t presume to know the fate of any such individual person.  Yet I am certain, based on the Biblical witness, that many of them will gape in terror and hatred at Christ the Lion, and will justly be devoured.

None of this is comforting to the girl in the cage right now – again, how could it be, while she is locked up and tortured and unaware of her own hope for redemption?  None of it excuses the work that must be done right now to free her.  But it should compel Christians to echo on of the concluding prayers of the Christian scriptures, without which no Christian account of “justice” is complete:

He who testifies to these things says, ‘Yes, I am coming quickly.’  Amen.  Come, Lord Jesus. (Rev. 22:20-21.)

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Law and Policy Theology

First Faith, Law and Culture Talk: Stephen Long

The first talk in our “Faith, Law and Culture Speaker Series” at Seton Hall Law School will be held today, September 15, at 4:30 p.m. in the Faculty Library.  The speaker series will feature theologians whose work focuses on the connections between faith, reason, law, reconciliation, and justice.  Today’s speaker is Dr. Stephen Long of Marquette University (bio here:   http://www.marquette.edu/theology/long.shtml).  He describes himself as follows:  “Steve was baptized by the Anabaptists, educated by the evangelicals, ordained and pastorally formed by the Methodists and given his first position as professor of theology by the Jesuits, which makes him either ecumenically inclined or theologically confused.” Dr. Long’s topic for today’s talk is “Being a Christian in Modernity: Nominalism, Politics and the  Christian Life.”

The year-long series schedule is available here:  http://law.shu.edu/About/News_Events/faithlawculture/index.cfm.  All of our speakers, including Dr. Long as well as Miroslav Volf, David Bentley Hart, and Nicholas Wolterstorff, are distinguished and internationally recognized theologians.

Whether you’re a theologically-minded person or someone who thinks “faith and reason” is an oxymoron, we think you’ll find these talks stimulating.  There is still time to register and attend.

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Law and Policy

Qur'an Burning, or, the Hypocrisy of Jordan Sekulow

On the way in to work this morning, I heard an interview on BBC Newshour that included Jordan Sekulow, Deputy Director of Public Affairs at the American Center for Law and Justice.  The ACLJ has been a leading voice of the religious right concerning the so-called “Ground Zero Mosque.”  The presenter asked Sekulow whether the plans for the muslim cultural center near ground zero is a religious liberty issue.  Sekulow dodged the question in what seems to me a bizarre fashion:  he responded that while we have great religious liberties in the United States, this implies great responsibilities for religious organizations.  The implication was that, if you’re Muslim and you want the freedom to build a cultural center, you’d better not build it in an otherwise lawful location that really upsets some people. 

The last time I checked, if religious liberty means anything, it means the freedom to do and say otherwise lawful things that some people will find uncomfortable or even infuriating.  The “responsibility” implied by religious liberty is not the “responsibility” to dilute a religious message or buckle under the pressure of fear and prejudice.

The presenter then asked Sekulow whether the same reasoning applies to the plans of a Florida church to hold a Qur’an burning on September 11.  Sekulow dodged again.  This is an issue that has been blown out of proportion by “the media,” he explained.  It is one small church of only 50 people and doesn’t represent the feelings of most Christians.  What’s good for the goose apparently isn’t good for the gander. 

The truth is that the stock “blame the media” response is disingenuous.  There is a horrible fear and ignorance about Islam in many corners of evangelicalism in the United States.  It extends beyond one small crazy little church.  I once witnessed a Sunday morning sermon in a 2000-member church, which was part of a national tour by prominent evangelical leader Norman Geisler, about why Islam is a violent religion that must be opposed, including militarily (a deputy of Geisler preached at the service I attended, but Geisler himself preached at other services).  The sermon ended with a Powerpoint slide juxtaposing Osama bin Laden and Mother Theresa.  Osama is what you get with Islam, the preacher said, and Mother Theresa is what you get with Christianity.  (Nevermind that the Senior Pastor of this particular church thought most Catholics were trying to earn salvation by works and therefore were heading for Hell…).  People ate it up.  I got in lots of trouble with the church leadership for complaining.

Lest my critics jump all over me, I am not suggesting that all or even most evangelicals hate Muslims.  The generally conservative evangelical church I now attend would never, never sponsor such outrageous trash as that Geisler Powerpoint show.  There are prominent evangelicals involved with groups like the Institute for Global Engagement, which is doing brilliant work on religious freedom and respect between Christians and Muslims.  I am an evangelical, and I don’t hate Muslims.  But at the same time, ignorance and fear are certainly not confined to a few radical little fundamentalist churches.   It is a cancer that, in my view, is part of a disease of reactionary posturing that has afflicted us since at least the fundamentalist-modernist controversy of the early twentieth century.

Hypocrisy is a strong word.  Sometimes it needs to be said.

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Law and Policy

Bloomberg on the Mosque

From Mayor Bloomberg’s recent Iftar dinner speech:

if we say that a mosque and community center should not be built near the perimeter of the World Trade Center site, we would compromise our commitment to fighting terror with freedom.

We would undercut the values and principles that so many heroes died protecting. We would feed the false impressions that some Americans have about Muslims. We would send a signal around the world that Muslim Americans may be equal in the eyes of the law, but separate in the eyes of their countrymen. And we would hand a valuable propaganda tool to terrorist recruiters, who spread the fallacy that America is at war with Islam.

Exactly.

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Law and Policy

More on the 9-11 Mosque

Professor Russell Pearce also weighs in with a thoughtful post.