7 of 7 people found the following review helpful:
5.0 out of 5 stars
A masterpiece by a great Jurist and philosopher, August 26, 1999
By A Customer
This review is from: The Lustre of Our Country: The American Experience of Religious Freedom (Hardcover)
One of the ironies of American Constitutional history is that many of our greatest jurists have never had the opportunity to sit on our highest court. One thinks of such obvious examples as Learned Hand, John Johnston Parker,Arthur Vanderbilt, Roger Traynor, and John Minor Wisdom. John T,. Noonan, currently a senior judge with the Ninth Circuit Court of Appeals, clearly deserves to be ranked in this select company( as does his philosophical antipode, Richard Posner of The seventh circuit). This book, remarkably lucid, remarkably learned and remarkably humane, constitutes the culmination of Noonans historical, legal and philosophical reflection.Other reviewers have already indicated the riches of this fine books contents. I will only note that I learned something new, or encountered a fresh and startling argument, on almost every page. Noonan has thought deeply about democracty and human freedom, not only in America, but in other countries as well. The chapters on France, Japan, and Russia show an understanding of the cultural political, and religous life of those nations which borders on the extraordinary. The chapter on Tocqueville( told through the literary device of an imaginary account of America written by Tocquevilles equallly imaginary sister, Angelique,) is quite brilliant, and opens up new perpectives on Tocqueville. All in all, a great book. One hopes for more from Judge Noonans learned and humane pen.It is truly amazing that mediocrites such as Breyer, Kennedy, Ginsburg and Souter sit on the court, while this deeply patriotic and brilliant man has to preside over the often humdrum cases of the ninth circuit.
Help other customers find the most helpful reviews
Was this review helpful to you? Yes
No
6 of 6 people found the following review helpful:
5.0 out of 5 stars
Excellent Survey of Religious Freedom in America, March 22, 2004
John T. Noonan, currently serving as Judge on the United States Ninth Circuit Court of Appeals, has written both a personal and historical account of the experience of religious freedom in American history. Noonan begins his book by giving an autobiographical narrative of his Catholic upbringing in Boston and how this affected his theological and political views on religious freedom. He discusses his difficulty in reconciling his belief, taught by his father and other intellectual mentors, in religious tolerance with the teachings of the Catholic Church, which asserted that it was the one true church and that it was the duty of the state to actively promote Catholicism as the only true religion. Noonan then draws upon his theological knowledge to argue, contrary to what his Church once taught, that the very idea of religious freedom is fundamentally a Christian one. Noonan sums up his argument:
"By the first century A.D. there is in the Mediterranean world a religionEhat carries the concepts of a God, living, distinct from and superior to any human being, society, or state; of obligations to that God, distinct form and superior to any society or state; of authorized teachers who can voice these obligations and judge any society or state; of an inner voice of reason that is one way God speaks as well as by His authorized teachers. According to these concepts as taught by this religion, each person, individually and not as part of a family, tribe, or nation, will have to account to God as Judge for every thought and deed. Collectively, these concepts are at the core of liberty of conscience and liberty of religion."
Noonan then turns to history. In the Introduction to the book, Noonan put forward the argument that "free exerciseEs an American inventionEever before 1791 was there a tablet of the law, a legal text guaranteeing to all a freedom from religious oppression by the national legislature." Noonan now goes on to demonstrate the evidence for this claim. He traces the settlement of New England, the religious oppression of the Quakers and the Baptists, and then tells how religious liberty came about from these early conflicts. Noonan writes that:
Plymouth and the Bay Colony provided an ideal and a rhetoricEhode IslandEnd PennsylvaniaEhowed that organized government could exist without supporting a churchEand] Maryland provided the phrase [free exercise] that is at the core of the First Amendment. All four colonies demonstrated that the Church of England could tolerate other forms of Christian worship and so prepared the ground for the English Act of Toleration.
Noonan demonstrates that it was the pluralism of the colonies and the diversity of religious sects that contributed in large part to the development of religious freedom in early America. This "proliferation of sects" gave colonists "a variety of alternatives to the established" churches, which "created political constituencies that politicians had to consider."
The book then turns to the legacy of James Madison and how he has so influenced our views on religious freedom. Noonan gives a mini-biographical treatment to Madison, describing his early religious training and somewhat sudden entry into colonial politics during a critical time in our nation's history. The reader cannot help but to sense the author's deep affinity for Madison and his legacy. Noonan gives special treatment to Madison's role in crafting the American concept of church and state matters.
Noonan then goes on to describe early 19th century American church and state relations through a fictional sister of Alexis de Toqueville. Contrary to Toqueville's, Democracy In America, Noonan argues that church and state interacted in a manner that was not exactly in keeping with the Madisonian ideal. Government at this time was very closely involved with religion and supported it in a number of ways that could be construed as respecting an establishment. Noonan also describes the abolitionist movement and how this crusade was firmly rooted in American Christianity, at least the Northern variety.
Noonan focuses a large portion of his book dissecting and examining the legal aspect of church and state matters and religious freedom as a whole. He keeps the readers attention by a fictional dialogue between 'Harvardman' and 'Mr. Simple.' There are several interesting observations made by Noonan during this quite extensive examination of jurisprudence relating to church and state matters. One of the most intriguing is:
"Ceremonial deism was the court's description of prayers by a legislature, prayer at the opening of a court, and of 'In God We Trust' imprinted on the coinagesEust as Secular Humanism was nonreligious practice that was called a religion, ceremonial deism was religious practice that was not to be called a religion. The court created a kind of American Shinto, a state religion that for establishment purposes was a non-religion because its purposes were secular."
One could only conclude after reading such an argument that the Supreme Court has indeed established a religion appropriate for government support at the exclusion of all others. Is this not what Madison and others warned us would happen if the state took it upon itself to delve so deeply into religious matters as our courts recently have? Noonan argues his point but at the same time allows the reader enough leeway to decide on his own.
The book concludes with four examples of how the American concept of religious liberty has impacted the world EFrance, Japan, Russia, and the Roman Catholic Church. The final example brings us back to Noonan's own beginnings, or where the first part of the book left off. In 1965 the Roman Catholic Church formally adopted, after centuries of persecution of 'heretic' sects, religious toleration. Beyond the significance this event served for the author, it provides an appropriate closing to the topic of religious freedom and certainly a monumental one in human history as a whole.
Help other customers find the most helpful reviews
Was this review helpful to you? Yes
No
4 of 4 people found the following review helpful:
5.0 out of 5 stars
Purpose is to alert readers to unexpected special qualities., November 28, 1998
This review is from: The Lustre of Our Country: The American Experience of Religious Freedom (Hardcover)
This is a very special book. Its subject matter is weighty, its intent serious, its disciplines--law and theology--address issues of grave import. The purpose of this review is to alert potential readers to qualities as to which a more adequate review is likely to leave them unaware. The text of the "Lustre" is not ponderous. Instead navigation of the thicket of ideas which the text presents tends to leave the reader refreshed rather than drained. Eccentric and various in its organization and modes of presentation, this book frees one from captivity to a prescribed routing and invites navigation after one's own bent. Subtle logic combines with a pervasive historical sense. Events permeated with paradox and tragedy are presented with insight and wit. Not an easy read; but rewarding. As in the case of Whitman's Leaves of Grass, a reader of this book touches the life of a very special American.
Help other customers find the most helpful reviews
Was this review helpful to you? Yes
No
