Noah Feldman and the Bridging of Church and State
Carlos printable version print page     Bookmark and Share
Fri Jan 13, 2006 at 01:54:34 PM EST
Noah Feldman, who last year published the book "Divided by God: America's Church-State Problem -- and What We Should Do About It", was the main speaker at a recent event at The Pew Forum for Religion and Public Life. From someone who has a Jewish background, an academic interest in Islamic law and has written about Evangelicals, Feldman approaches church-state issues from an inter-religious, international and pragmatic perspective.
He is also an optimist and a fan of Maimonides as reported by Liel Leibovitz of the Jewish Weekly:

For Feldman, the man of the cultural moment is Maimonides, the Sephardic renaissance figure famous for bridging the worlds of faith and secular knowledge.

"I'm not a utopian but an optimist," said Feldman. "I believe in the ability of people to reason with each other, and that includes believing people.

"In that sense, I come from the Maimonidean perspective. It's complex, but if you sum it up, it would be that the exercise of reason is itself a divine command. Reason has no reason to be afraid of religion, and neither does religion have reason to be afraid of reason."

Most readers and writers here at Talk to Action seem to favor a more separationist perspective on church-state issues, but it should be useful sometimes to also engage with legal scholars like Feldman who are daring to think of new ways to solve old problems.

The excerpt below (a conversation between Luis Lugo, the director of the Forum, and Noah Feldman) is from the transcript of The Pew Forum event. The entire transcript is long but worth reading.

[Mr. Lugo] And I recently came back from a trip to Europe, and every time I go to Europe I come back and look at the debates we have. Very fruitful, very important debates between what we call "strict separationists" and what we call "accommodationists." And it strikes me from a European context that in that comparison we're all accommodationists in some sense.

I've heard Rabbi Saperstein from the Religious Action Center wax eloquent on religion's role in public life. I've heard the same from folks from the Baptist Joint Committee. And these are "strict separationist" organizations. I mean, a lot of our strict separationists, as they're called, really are sort of religion friendly and want a strong role for religion in public life. There's the issue, of course, of government support and so forth, but in Europe it seems to me that it goes much deeper. I mean, this notion of laïcité doesn't get just at the question of government support. There's a very strong notion of religion being illegitimate in public life, with or without government support. So it does raise for me the question of the integration of Muslim immigrants into Europe and whether in a sense we don't have a strong comparative advantage in that regard because our generally accommodationist point of view is much more amenable to a Muslim understanding of the relationship of faith to public life than what they're finding in Europe.

MR. FELDMAN: First of all, I agree with that assessment, and it's one of the reasons that I haven't given up on the suggestion for a kind of a compromise, and it's precisely because we are not that far from each other. I mean, laïcité and what I call values evangelicalism really can't reach any common ground. They're just fundamentally opposed. But actually, I think there is a lot of overlap in the U.S. context when it comes to end state goals. I don't think, despite what people on the secularist side say, that many values evangelicals want to see some merger of religion in government. One hears this all the time from people on the left, by the way; not everyone is as eloquent as David Saperstein. One hears a lot of loose talk on the left about how the right wants to turn this into a theocracy, and that's clearly preposterous. So we don't have some call for that. And by the same token, there is interest, because of free speech principles, in people having the opportunity to express their beliefs and values - including religious beliefs and values - in the public square.

Also of interest is a radio show featuring Melissa Rogers and Feldman and a book review by Michelle Goldberg.




Display:
"One hears a lot of loose talk on the left about how the right wants to turn this into a theocracy, and that's clearly preposterous," says Feldman.

I am not sure, Carlos, what you mean by "engage" Feldman.  Clearly he is an influential voice who is casting himself as represting a common ground or middle way approach. In his case, it might be better characterized as the "turning a blind eye" approach to the central issues of our time.

Thank you for calling him to our attention. Clearly he is someone who should not be ignored.


by Frederick Clarkson on Fri Jan 13, 2006 at 02:59:20 PM EST

Fred, I thought you would appreciate that quote! Clearly Feldman understates the theocratic dangers and maybe he will get a chance to engage with some of our ideas here. As for engaging him, I did not have a specific plan, just the importance of getting to know all the major players in the field. I do think that sometimes we do overstate the theocratic dangers as it is often tempting (I am guilty of this too, of course) to inject political motives in our analysis of what religious conservatives are doing. In this general sense, Feldman's optimism and his plan of dialogue and compromise is something I think we can learn from even though it does look somewhat hopelessly uninformed and unrealistic.

by Carlos on Fri Jan 13, 2006 at 03:24:02 PM EST
Parent
I think we do seek to avoid that in these parts, although I don't know that we always succeed.

My issue with Feldman, and those who have come before him is that they believe in a one way dialog -- them and the religious right.

We have seen previously, scholarly figures whose public pose is a skewed, alleged middle ground. I agree that they need to be addressed. I devoted an entire chapter of Eternal Hostility to discussing the dubious positions of Stephen Carter and James Davison Hunter whose books The Culture of Disbelief and Culture Wars, respectively, were deeply, and I argued, wrongly, influential in liberal and Democratic circles.

by Frederick Clarkson on Fri Jan 13, 2006 at 03:45:26 PM EST
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Would be interested in reading more on your take on these authors. Haven't heard much from them recently, although I think Carter still writes for Christianity Today from time to time. I remember reading Richard Rorty's unfavorable review of Carter's book although I think he might have moderated some from his earlier more anti-religious views.

Feldman's perspective on American theocracy is probably influenced by his Islamic studies and his experience in Iraq.

by Carlos on Fri Jan 13, 2006 at 04:21:29 PM EST
Parent

Eternal Hostility:  The Struggle Between Theocracy and Democracy, page 180.

Carter makes an extraordinary and uttery unsupported declaration early in the book that offers a telling insight into his method.  "What is going on here in America," Carter rhetorically asks, "where religion was once thought so important that the Constitution was amended to protect its free excercise?... What happened can be captured in one word, abortion."  Let us pause here for a moment.  Carter is about to blame the supposed supression of religious expression in America on Roe v. Wade and the legalization of abortion.  If a woman's right to choose an abortion constitutes a constraint on someone else's religious freedom, we should expect at the very least a detailed argument  -- copious data, scholarly citations, perhaps thoughtful reflections from knowledgeable commentators.  However, Carter presents no data, no scholarly citations, no thoughtful reflections, no proof."


by Frederick Clarkson on Fri Jan 13, 2006 at 09:56:32 PM EST
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