Author: Marshall Poe

What is religious liberty, anyway? What are its origins? What are religious exemptions? What would a jurisprudence of religious liberty based on the idea of natural rights look like? What is distinctive about such an approach and what are some of its pluses and minuses?

These are some of the questions addressed in Religious Liberty and the American Founding: Natural Rights and the Original Meanings of the First Amendment Religion Clauses (U Chicago Press, 2022) by Vincent Phillip Muñoz.

The book explores the fraught legal and philosophical terrain of religious freedom. It is a meticulous study of the Founders’ common concern for the protection for our inalienable right of religious free exercise and their surprisingly divergent views on how to navigate the relationships of privilege and control between church and state.

Muñoz examines the attitudes of the Founding Generation on these topics as reflected in the understudied area of constitution making between 1776 and 1791 in America at the state level. He argues that we have to go beyond the First Amendment’s text to elaborate its meanings. We must, he contends, understand the intellectual and theological milieu of the time.

Muñoz provides the historical context of the creation of the Establishment and Free Exercise Clauses of the First Amendment and the intellectual underpinnings of their original meanings. He explicates in a thorough but reader-friendly manner what we can and cannot determine about the original meaning of the First Amendment’s Religion Clauses.

The book is a mixture of legal, intellectual, and political history in which we learn that the Bill of Rights was in many ways an afterthought, designed by the Federalists to counter opposition to the Constitution by Anti-Federalists. Indeed, Muñoz shows that many, if not most, of the individuals who drafted the First Amendment did not even think it was necessary. His detailed examination of the drafting records illuminates the Federalists’ lack of enthusiasm for amendments and says, “the aim of many in the First Congress was to get amendments drafted, not to draft precise amendments.”

He concludes the book with a discussion of the impact of natural rights constructions of those clauses. Muñoz contrasts fascinatingly, for example, his approach with those taken by recent Supreme Court justices (notably Samuel Alito) and argues that his novel church-state jurisprudence offers a way forward that could adjudicate First Amendment church-state issues in a legal, fair, coherent and, importantly, more democratic fashion.

This book is an outstanding guide to the many schools of thought on religious liberty in the United States and in his argument for an inalienable natural rights understanding as the Founders’ most authoritative view, Muñoz convincingly shows that competing accounts—(e.g., “neutrality,” “accommodation,” “separation,” “non-endorsement,” “minimizing political division,” and “tradition”) do not capture the deepest understanding of the Founders’ thought.

Muñoz notes that his constructions correspond to no existing approach. They do not fall into what are usually considered either the “conservative” or “liberal” positions on church-state matters. The aim of the book is to spur more robust conversations about whether we are interpreting the Founders correctly and what evidence is most relevant to develop the First Amendment Religion Clauses consistently with their original design.

Let’s hear from Professor Muñoz himself.

Hope J. Leman is a grants researcher.

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What does it mean when a radical understanding of National Socialism is inextricably embedded in the work of the twentieth century's most important philosopher? Martin Heidegger's sympathies for the conservative revolution and National Socialism have long been well known. As the rector of the University of Freiburg in the early 1930s, he worked hard to reshape the university in accordance with National Socialist policies. He also engaged in an all-out struggle to become the movement's philosophical preceptor, "to lead the leader." Yet for years, Heidegger's defenders have tried to separate his political beliefs from his philosophical doctrines. They argued, in effect, that he was good at philosophy but bad at politics. But with the 2014 publication of Heidegger's "Black Notebooks," it has become clear that he embraced a far more radical vision of the conservative revolution than previously suspected. His dissatisfaction with National Socialism, it turns out, was mainly that it did not go far enough. 

The notebooks show that far from being separated from Nazism, Heidegger's philosophy was suffused with it. In Heidegger in Ruins: Between Philosophy and Ideology (Yale University Press, 2022), Richard Wolin explores what the notebooks mean for our understanding of arguably the most important philosopher of the twentieth century, and of his ideas--and why his legacy remains radically compromised.

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The future of Honduras begins and ends on the white sand beaches of Tela Bay on the country's northeastern coast where Garifuna, a Black Indigenous people, have resided for over two hundred years. In The Ends of Paradise: Race, Extraction, and the Struggle for Black Life in Honduras (Stanford UP, 2022), Christopher A. Loperena examines the Garifuna struggle for life and collective autonomy, and demonstrates how this struggle challenges concerted efforts by the state and multilateral institutions, such as the World Bank, to render both their lands and their culture into fungible tourism products. Using a combination of participant observation, courtroom ethnography, and archival research, Loperena reveals how purportedly inclusive tourism projects form part of a larger neoliberal, extractivist development regime, which remakes Black and Indigenous territories into frontiers of progress for the mestizo majority. The book offers a trenchant analysis of the ways Black dispossession and displacement are carried forth through the conferral of individual rights and freedoms, a prerequisite for resource exploitation under contemporary capitalism.

By demanding to be accounted for on their terms, Garifuna anchor Blackness to Central America—a place where Black peoples are presumed to be nonnative inhabitants—and to collective land rights. Steeped in Loperena's long-term activist engagement with Garifuna land defenders, this book is a testament to their struggle and to the promise of "another world" in which Black and Indigenous peoples thrive.

Christopher A. Loperena is Associate Professor of Anthropology at the Graduate Center, City University of New York. You can find the article discussed during this conversation, published in American Anthropologist, here.

Alize Arıcan is a Society of Fellows Postdoctoral Scholar at Boston University, focusing on urban anthropology, futurity, care, and migration. Her work has been featured in Current Anthropology, City & Society, JOTSA, Radical Housing Journal, and entanglements. You can find her on Twitter @alizearican

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In The Unexceptional Case of Haiti: Race and Class Privilege in Postcolonial Bourgeois Society (University Press of Mississippi, 2022), Philippe-Richard Marius recasts the world-historical significance of the Saint-Domingue Revolution to investigate the twinned significance of color/race and class in the reproduction of privilege and inequality in contemporary Haiti. Through his ethnography, class emerges as the principal site of social organization among Haitians, notwithstanding the country’s global prominence as a “Black Republic.” It is class, and not color or race, that primarily produces distinctive Haitian socioeconomic formations.

When Marius arrived in Port-au-Prince to begin fieldwork for this monograph, to him and to legions of people worldwide, Haiti was axiomatically the first Black Republic. Descendants of Africans did in fact create the Haitian nation-state on January 1, 1804, as the outcome of a slave uprising that defeated white supremacy in the French colony of Saint-Domingue. Haiti’s Founding Founders, as colonial natives, were nonetheless to varying degrees Latinized subjects of the Atlantic. They envisioned freedom differently than the African-born former slaves, who sought to replicate African nonstate societies. Haiti’s Founders indeed first defeated native Africans’ armies before they defeated the French. Not surprisingly, problematic vestiges of colonialism carried over to the independent nation. 

Marius interrogates Haitian Black nationalism without diminishing the colossal achievement of the enslaved people of Saint-Domingue in destroying slavery in the colony, then the Napoleonic army sent to restore it. Providing clarity on the uses of race, color, and nation in sociopolitical and economic organization in Haiti and other postcolonial bourgeois societies, Marius produces a provocative characterization of the Haitian nation-state that rejects the Black Republic paradigm.

Philippe-Richard Marius is assistant professor in the Department of Sociology and Anthropology at the College of Staten Island (CUNY). Marius has conducted extensive fieldwork in Haiti. He is writer, producer, and codirector of the film A City Called Heaven.

Aleem Mahabir is a PhD candidate in Geography at the University of the West Indies, Mona, Jamaica.

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The Moog synthesizer ‘bent the course of music forever’ Rolling Stone declared.

Bob Moog, the man who did that bending, was a lovable geek with Einstein hair and pocket protectors. He walked into history in 1964 when his homemade contraption unexpectedly became a sensation---suddenly everyone wanted a Moog. The Beatles, The Doors, The Byrds, and Stevie Wonder discovered his synthesizer, and it came to be featured in seminal film scores including Apocalypse Now and A Clockwork Orange. The Moog's game-changing sounds saturated 60's counterculture and burst into the disco party in the 70's to set off the electronic dance music movement. Bob had singlehandedly founded the synth industry and become a star in the process.

But he was also going broke. Imitators copied his technology, the musicians' union accused him of replacing live players, and Japanese competitors started overtaking his work. He struggled to hang on to his inventions, his business, and his very name. Bob's story upends our notions of success and wealth, showing that the two don't always go together.

In Switched On: Bob Moog and the Synthesizer Revolution (Oxford UP, 2022), author Albert Glinsky draws on exclusive access to Bob Moog's personal archives and his probing interviews with Bob's family and a multitude of associates, for this first complete biography of the man and his work. Switched On takes the reader on a roller coaster ride at turns triumphant, heart-breaking, and frequently laugh out loud absurd---a nuanced trip through the public and private worlds of this legendary inventor who altered the course of music.”

Nathan Smith is a PhD Student in Music Theory at Yale University. He can be reached at nathan.smith@yale.edu.

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How do states and societies confront the legacies of war and occupation, and what do truth, guilt, and justice mean in that process? 

In Ghosts of War: Nazi Occupation and Its Aftermath in Soviet Belarus (Cornell UP, 2022), Franziska Exeler examines people's wartime choices and their aftermath in Belarus, a war-ravaged Soviet republic that was under Nazi occupation during the Second World War.

After the Red Army reestablished control over Belarus, one question shaped encounters between the returning Soviet authorities and those who had lived under Nazi rule, between soldiers and family members, reevacuees and colleagues, Holocaust survivors and their neighbors: What did you do during the war?

Ghosts of War analyzes the prosecution and punishment of Soviet citizens accused of wartime collaboration with the Nazis and shows how individuals sought justice, revenge, or assistance from neighbors and courts. The book uncovers the many absences, silences, and conflicts that were never resolved, as well as the truths that could only be spoken in private, yet it also investigates the extent to which individuals accommodated, contested, and reshaped official Soviet war memory. The result is a gripping examination of how efforts at coming to terms with the past played out within, and at times through, a dictatorship.

Jill Massino is a scholar of modern Eastern Europe with a focus on Romania, gender, and everyday life.

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Lorraine Daston, Rules: A Short History of What We Live by (Princeton UP, 2022).

Historian of science Lorraine Daston's wonderful new book, Rules: A Short History of What We Live by (Princeton UP, 2022). is just out. Daston's earlier pathbreaking works include Against Nature, Classical Probability in the Enlightenment and many co-authored books, including Objectivity (with Peter Galison) which introduced the idea of historically changeable "epistemic virtues."

In this Recall this Book conversation, Daston--Raine to her friends--shows that rules are never as thin (as abstract and context-free) as they pretend to be. True, we love a rule that seems to brook no exceptions: by the Renaissance, even God is no longer allowed to make exceptions in the form of miracles. Yet throughout history, Raine shows, islands of standardized stability are less stable than they seem. What may feel like oppressively general norms and standards are actually highly protected ecotopes within which thin rules can arise. Look for instance at the history of sidewalks (Raine has)!

Raine, Elizabeth and John dive into the details. Implicit and explicit rules are distinguished in the case of e.g. cookbooks and monasteries--and then the gray areas in-between are explored. When students unconsciously ape their teachers, that is a tricky form of emulation--is it even possible to "follow but not ape"? Perhaps genres do this work: The Aeneid is not the Iliad and yet older writers are somehow internalized in the later ones.

Mentioned in the Episode

• Karl Polanyi, 1944) The Great Transformation: The Political and Economic Origins of Our Time, on the embeddedness of markets in norms and rules.
• John Locke's Second Treatise on Government (1690) denounces the "arbitrary will of another," an early case of seeing will simply qua will is unacceptable.
• Arnold Davidson sees genre variation (like Milton learning from Homer) also happening in musical invention.
• Michael Tomasello works on children's rule-following and enforcement against violations,
• Johannes Huizinga's Homo Ludens (1938) with its notion of demarcated "sacred spaces of play" is a touchstone of rule-following Lorraine and John both adore.

Recallable Books

• The Rule of Saint Benedict (516 onwards)
• Irma Rombauer, Joy of Cooking (1931 onwards) As Elizabeth says, it's from following the rules that joy emerges....
• Walter Miller's Canticle for Liebowitz
• Fyodor Dostoyevsky, Notes from Underground (1864) an instance of the notion that one establishes free will by caprice or defiance against natural laws ("damnit, gentleman, sometimes 2+2=5 is a nice thing too!")

Read the transcript here.

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Django Generations: Hearing Ethnorace, Citizenship, and Jazz Manouche in France (U Chicago Press, 2021) shows how relationships between racial identities, jazz, and national belonging become entangled in France.

Jazz manouche—a genre known best for its energetic, guitar-centric swing tunes—is among France’s most celebrated musical practices of the twentieth and twenty-first centuries. It centers on the recorded work of famed guitarist Django Reinhardt and is named for the ethnoracial subgroup of Romanies (also known, often pejoratively, as “Gypsies”) to which Reinhardt belonged. French Manouches are publicly lauded as bearers of this jazz tradition, and many take pleasure and pride in the practice while at the same time facing pervasive discrimination. Jazz manouche uncovers a contradiction at the heart of France’s assimilationist republican ideals: the music is portrayed as quintessentially French even as Manouches themselves endure treatment as racial others.

In Django Generations: Hearing Ethnorace, Citizenship, and Jazz Manouche in France (U Chicago Press, 2021), Siv B. Lie explores how this music is used to construct divergent ethnoracial and national identities in a context where discussions of race are otherwise censured. Weaving together ethnographic and historical analysis, Lie shows that jazz manouche becomes a source of profound ambivalence as it generates ethnoracial difference and socioeconomic exclusion. As the first full-length ethnographic study of French jazz to be published in English, this book enriches anthropological, ethnomusicological, and historical scholarship on global jazz, race and ethnicity, and citizenship while showing how music can be an important but insufficient tool in struggles for racial and economic justice.

Adam Bobeck is a PhD candidate in Cultural Anthropology at the University of Leipzig. His PhD is entitled “Object-Oriented Azadari: Shi’i Muslim Rituals and Ontology”. For more about his work, see www.adambobeck.com.

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