Interview
Culture
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Justice
S&U interviews
8 min read

How justice shaped a world of rights

Historian John Coffey talks about his contribution to a new book: Justice & Rights.

Nick is the senior editor of Seen & Unseen.

A statue of a woman holding a spear in one hand a lightening bolt in the others that reads: 'Droits de  l'homme'.
A French statute celebrating Human Rights.
DDP on Unsplash.

In our networked world old problems, and new ideas to solve them, flash across our minds and screens. It can be a hectic and dis-orientating feeling that occurs when we try to make sense of it all. Whether it's the global order changing or yet another injustice occurring. 

Seeking insights on all this means crossing boundaries, and that’s what over 160 scholars do by sharing with each other. The members of the Global Faculty Initiative (GFI), drawn from all faculties usual in great universities, integrate faith and scholarship through dialogues. They examine the themes of justice, order, flourishing and beauty - mixing subject matter expertise in everything from physics to public policy. 

The GFI has just published the results of one such dialogue in a book Justice and Rights. Among the contributors is Professor John Coffey. His work explores the history of religion and the big ideas like justice and rights. Recently he talked with GFI coordinator Bethan Willis, on its Justice podcast series. Here’s an extract of the discussion that looks at the ‘genealogy of rights.’    

 

Bethan Willis  So, shifting focus now to the question of rights, particularly. So, you talk in your Brief about the genealogy of rights, and in his Theology Brief, Nicholas Wolterstorff makes a case for placing rights at the centre of our understanding of justice, but that's obviously not an uncontested move. And some people would see a focus on rights as problematic, and part of the debate about the legitimacy or the value of rights can sometimes centre around the question of where rights actually come from. So which period in history, which philosophy and vision of human life and justice gives rise to this language. So can you tell us a little bit about that kind of trajectory that you've set out in your Brief , the different points at which people might identify rights as coming to the fore and why that happens and the various interests at play in these discussions of where rights come from?  

John Coffey   So it can be very confusing if you read the scholarship on this subject because if you listen to someone like Samuel Moyne, he will argue that the human rights revolution of the 1970s really invents human rights or maybe grudgingly the 1940s and the conservative statesmen who created the UN declaration of human rights in that period. Others, of course, would root it in the enlightenment. And I guess this is a classic answer. It's the enlightenment and the French Revolution with its Declaration of Rights of Man and Citizen, which is really at the heart of the story of rights. But then early modernists and medievalists pushback, they see natural rights language, the idea of individual subjective rights that one has simply on the basis of one's humanity. These are distinct from legal rights, but they're individual natural rights that they would see this concept emerging in the Middle Ages with canon lawyers and Juris and so on, and then being embraced by various 17th, 16th, 17th century groups up to Locke.  

And I think there are different things going on here. One, of course, is that there are turf wars between historians in different periods who want to draw attention to their period as being really seminal in various ways. People have talked about the revenge of the medievalists, the early modernists and the Renaissance specialists who made so much emphasis on this being a radical break from the dark mediaeval past that mediaevalists have always been keen to push back against that and to point to the mediaeval roots of a lot of modern concepts. But I think there's also more going on here. I think in some ways it's part of a bigger argument about political and to some extent economic liberalism as well, because rights language has been so important for liberals, whether they're talking about politics or talking about economics. So, you have an example of rival genealogies being used for political purposes, if you like, to both problematize and legitimize, right?  

BW  Your work is focused on the contributions that religious groups have made to politics and ideas. And you particularly reference the Levellers in the 17th century and the abolitionists at the turn of the 18th, 19th century. Can you tell us a bit about the contribution that Christians may have made to the development of rights and particularly to the rights of freedom of conscious thought and belief in particular?  

JC  Yeah, yeah. I think it's important to emphasize this because there's also been a long tradition of suspicion of rights language among Christians, especially in the wake of the Enlightenment and the French Revolution. I mean, this has obviously been true in the Catholic church in the 19th century where there was deep suspicion of liberalism and the individualism associated with it and rights language was regarded with a great deal of suspicion by many traditionalist Catholics. But it's also true in Protestant circles as well, among some high Anglicans. But you could see it in the Dutch Calvinist tradition, they founded an anti-revolutionary party after the French Revolution, which is very critical of the political language which emerges from that event. So, it's interesting to see how historians and intellectual historians in recent decades have recovered what you might call the theological origins of rights talk. And that's true of people like Brian Tierney writing about the mediaeval era and showing the kind of seminal influence of various mediaeval theorists of natural law, but also natural rights.  

And certainly, when you get to the period I'm most familiar with from the 17th century onwards, groups like the Levellers are not just talking about native rights or legal rights that they have as Freeborn Englishmen. They're also talking about universal natural human rights that individuals have on the basis of their humanity. And it's in that period in the 17th century that people begin really for the first time to talk about freedom of religion as a natural right. I mean, you don't see that in the Middle Ages. It's a development that emerges within particularly radical Protestantism in the 17th century. Though interestingly, it's also tied to the idea of duties. So because we have a duty to worship God according to our conscience, consciences must be left free and the individual must have a natural right to worship God according to their conscience, because otherwise they wouldn't be able to please God if they just follow the dictates of the state or the state church that they wouldn't be able to worship in a way that's pleasing to God. So, it is interesting the way the argument works. It's theistic grounded in a sense, but it applies not just to Christians, it applies to other kinds of religious worship, to Jews, to Muslims, to heathens and so on. 

And you can see more widely a theological grounding for rights in figures like Locke. And that's encapsulated, obviously famously in the Declaration of Independence, Thomas Jefferson drafted in 1776, that ‘all men are created equal and endowed by their creator with certain inalienable rights’. So, this idea that we have certain rights that we cannot transfer over to the state, that we can alienate them over to the state, they're inalienable, and we have a solemn responsibility before God to protect them. So yeah, I mean, it's certainly by the 18th century, this rights language is absolutely flourishing within Protestant circles, and you can see it being taken up quite significantly in the abolitionist movement in the 1780s, though people are also shying away from it in the 1790s because of the French Revolution and Tom Payne's rights of man and so on. But if you read 19th century American religious abolitionists, people like Frederick Douglas or William Lloyd Garrison or others, they're using the language of natural rights, pretty insistently.  

BC  And it's often to articulate the kind of victim's perspective, isn't it, to defend the weak against the mighty and to say there's a bigger kind of justice that is beyond the state or the law. Is that right? Can you tell us a bit about how that works?  

JC  Yeah, no, I think that's absolutely right, and it's one reason why we should be wary about just tossing, tossing rights language out as some kind of secular poisoning of the, well, a, it does have some deep roots in Christian thought, but it also, rights language is also designed as one of the weapons of the weak, if you like. It's a way to defend those whose claims are often ignored and to assert their human dignity. So, it's why it gets taken up so much by religious minorities, by those who are pushing for widening the vote and suffrage maybe to all men, maybe eventually to women. The anti-slavery movement is using it, and of course, by the 20th century, the Civil Rights movement.  

BC  But as you said, Wilberforce himself doesn't really use this language much, partly because the arenas he's speaking in and partly because of these associations with the French Revolution. Is that right?  

JC  Yeah, and if you look in the 1790s, it's interesting because it's from that period really the language of left and right starts to emerge, and those on the right are very much concerned about law and order. They look across at France and they see disorder and the guillotine and regicide and Civil War and the exile of Catholic priests and so on, and it's extremely alarming for them. So, the emphasis very much shown law and order, and they become extremely alarmed by the way that rights language has been used to undermine order. So, it's classically articulated at that divide between Edmund Burke on the one side and Tom Payne on the other. What's interesting in the British context, is you'll find sort of devout Protestant Christians on both sides of that. So, Wilberforce would be very much on Burke's side in this argument, but the founder of the London corresponding society in the 1790s, a man called Thomas Hardy, he's actually a devout Scottish Calvinist, and he's absolutely on board with this rights language. And so different religious groups will be divided over this. 

 

Follow the rest of John and Bethan's conversation on the GFI podcast.

Global Faculty Initiative resources

Justice & Rights is published by  Langham Publishing. See the link below to order.

The Justice series on the GFI Podcast features six episodes. Listen on Spotify.

Explore the GFI matrix of academic subjects and themes

Article
Art
Belief
Culture
5 min read

Critics and curators are missing this about contemporary artists

An interview with Jonathan Anderson

Jonathan is Team Rector for Wickford and Runwell. He is co-author of The Secret Chord, and writes on the arts.

A metak sculpture outlines an altar, stands on a beach.
Kris Martin, Altar.

Throughout much of the twentieth century, many modern artists engaged with religion in and through their work but art critics and art historians routinely overlooked or ignored those aspects of the work when writing about it. They did so because of a secularisation agenda that overrode reflection on key elements of the art that artists were creating. 

In Modern Art and the Life of a Culture, Jonathan A. Anderson, together with William Dyrness, recovered some of the religious influences explored in the work of key modern artists by writing an alternative history of modern art. Now, with The Invisibility of Religion in Contemporary Art, Anderson has addressed the central issue, which is the way in which art critics and historians have written about modern and contemporary art. 

JE: What is it about this situation – that modern art has often wrestled with God, but critics and curators haven’t always shared that focus – that engages your interest and motivates you to write so compellingly about it? 

JA: The more I have studied and circulated through the worlds of contemporary art (first as an artist, then as a critic), the more attentive I became to significant disconnects in the ways we talk and write about religion in modern and contemporary art. Many prominent artists working today and over the past century have been shaped by religious traditions, and their works are in serious dialogue with those traditions in various ways and from various perspectives. Their relationship to religion might be highly conflicted or nuanced—it often is—but it is a live issue in their work and one can talk with them about it in their studios or in informal settings. But when one moves to the critical writing and public discussions about these artists’ works, this aspect either disappears altogether or is discussed in ways that are clumsy, stifled, or shapeless.  

The aim of a lot of my work is to understand in a non-superficial way why this has been the case, why there has been a recent resurgence of discussions of religion and spirituality, and how we might develop more substantive ways of thinking and speaking about these topics. 

JE: What did you find most surprising as you undertook the research for both books? 

 JA: I am consistently surprised at how sprawling and dense this topic is. Once one begins rethinking ‘the strange place of religion’ in the histories of modern and contemporary, the more one finds that there is an enormous amount of material that deserves renewed investigation. Both books give a strong sense of this, but chapter three in my new book is especially full of sign-pointers toward items that require further exploration. 

To give one concrete example, I found myself referring to several major curated group exhibitions that, in one way or another, significantly address topics of religion and spirituality in twentieth- and twenty-first-century art. As I began to look more seriously at the history of such exhibitions, this curiosity swelled into a huge endeavour. Over the course of several years, I assembled a long list of exhibition catalogues and other documentation—the most comprehensive list of its kind that I’m aware of—which in turn helped me not only to recognize how prevalent interest in these topics has been but to think through the diversity of approaches. A version of this list is published in The Invisibility of Religion in Contemporary Art as an appendix, and the full, updated list is also available on my website. I hope it’s a valuable resource for others. 

JE: Both books offer ideas and suggestions for constructive ways to understand, address and write about the relationship between art and religion going forward. In Modern Art and the Life of a Culture there is the idea of a charitable hermeneutic, while in The Invisibility of Religion in Contemporary Art you offer substantial new frameworks for discussing art and religion. Why is it important that the dialogue between art and religion finds paths to conversation rather than conflict?       

JA: This is an important question. The public dialogue between contemporary art and religion has been relatively dysfunctional for much of the past century, often riddled with mutual antagonisms, melodramatic controversies, misunderstandings, and mutual unintelligibility. But art and religion are complex, vital domains of meaning that have continued to deeply shape each other up to the present and that have an enormous amount to ‘say’ to one another today, both critically and constructively. My own experience is that the more the participants in this conversation become attentive to and conversant in the other’s history, vernacular, and ways of thinking, the more highly constructive and mutually enriching the dialogue becomes.  

I think this kind of dialogue has everything to do with cultivating mutual care and love of neighbour. The art world is a series of loosely connected communities full of people who are your and my neighbours. I happen to really care about these communities who make, exhibit, and talk about art, despite their problems. And the same might be said about various religious communities, who have their own problems and who often have more complicated interrelations with those art communities than is generally recognized. Wherever you’re coming from—the arts, the church, or otherwise—I’m interested in expanding dialogue oriented toward loving one’s neighbours, or even one’s enemies if that’s how it must be. At the most basic level, that means listening in a way that tries to discern others’ animating cares and concerns. 

JE: Do you see any parallels or differences between the way the relationship between secularism and religion has played out in the world of art and the way the broader relationship between the two has been shaped in Western society in the same period? 

JA: This is a fascinating but complicated question. For some people, the whole point of the artistic avant-garde was to enact and exemplify, in a highly concentrated way, the secularization of Western society. At the same time, however, it was also widely recognized that the arts have, in almost all places and times, been deeply interconnected with religion and spirituality, and this was, in some conflicted or repressed way, still likely the case for much of the avant-garde as well. 

Secularization has meant the pressurizing and pluralizing of religious belief, sometimes corresponding to disaffiliation from traditional organizations, but this has relatively little to do with an eradication or obsolescence of religious belief. Indeed, any notion of what Rosalind Krauss memorably described as an ‘absolute rift’ between ‘the sacred’ and ‘the secular’ is really just shorthand for some kind of social conflict, because there’s not really any rational way to absolutize these as mutually exclusive. Whether acknowledged or not, religion still provides the metaphysical and ethical groundings of modern secularity, and modern secularity provides the social conditions for contemporary religion. In this context, distinctions between religiosity and irreligiosity are often ambiguous, running through each of us in unexpected and ever-changing ways (rather than simplistically separating us from each other). In my view, contemporary art is highly illuminating to these broader dynamics. Anyone who has spent any extended time in the worlds of modern and contemporary art knows that they are full of spiritual and theological struggle. To put it succinctly: contemporary art is not an art of unbelief and nonpractice but an art of conflicted, pressurized belief and practice, which is theologically significant if attended to as such. 

 

The Invisibility of Religion in Contemporary Art, Jonathan A. Anderson (Notre Dame Press)