Research On Religion » property rights

Charles North on Religion, Economic Development, and Rule of Law (Encore Presentation)

tonygill — Sun, 15 Apr 2018 16:07:33 +0000

We remain on sabbatical to catch up on a number of non-podcast related things. Please stay tuned for new episodes coming in the near future.

Max Weber is famous for linking religion to economic outcomes in his monumental book The Protestant Ethic and the Spirit of Capitalism. Since that time we have seen social scientific interest in linking religion to economic growth wane and then be resurrected. Charles North, associate professor of economics at Baylor University, discusses his own work exploring the nexus between faith and economics.

Our conversation begins with a general survey of the literature that sees religion as a potential causal factor in economic development. Chuck presents the basic Weberian model and then fast forwards to the present where there has been a renewed interest in including religious variables (whether belief or practice) into econometric models for explaining growth. He covers the likes of Robert Barro & Rachel McCleary, Joseph Daniels & Marc van der Ruhr, Sacha Becker & Ludger Woessman, and sociologists such as Rodney Stark. Most of these scholars are interested in explaining GDP growth and we cover what GDP is and what it doesn’t necessarily measure.

Prof. North then turns to his research, which focuses on the rule of law and the related concept of corruption. He reasons that since a number of economists have pointed out the strong relationship between the rule of law (or absence of corruption) and long-term economic growth, it might be worthwhile to investigate whether or not religious variables help to explain these two things. He lays out his reasoning noting that rule of law helps to lower transaction costs and reduce uncertainty when it comes to investing, and that religious individuals (or the norms they follow) may have an impact in promoting and living by the rule of law (and, conversely, mitigating corruption). We then go over the measurements he used, talking about the database provided by the World Christian Encyclopedia and how he worked with that. Chuck’s research (with Wafa Orman and Carl Gwin) indicates that nations that had Protestant, Catholic, and Hindu majorities a century ago have higher levels of rule of law than nations with other major faith traditions (e.g., Islam, Eastern Orthodoxy).

Our conversation closes out with some of the more micro-foundational reasons for these research findings, as well as thinking about possible confounding factors. Interestingly, this conversation leads us back to the medieval era and Chuck’s work on the development of canon law around the time of the 11th century. Arguing that the Catholic Church needed to develop rules to protect its “stuff and junk” from various princes and kings, Europe benefited from the rise of a system of rule of law that lasted for centuries. Recorded: April 1, 2014 (no fooling).

RELATED LINKS

Prof. Charles North’s bio at Baylor University’s Department of Economics (Hankamer School of Business).

Good Intentions: Nine Hot-Button Issues Viewed through the Eyes of Faith, by Charles North and Bob Smietana.

“Religion, Corruption, and the Rule of Law,” by Charles M. North, Wafa Hakim Orman, and Carl Gwin in Journal of Money, Credit, and Banking.

The Victory of Reason, by Rodney Stark (mentioned in podcast).

The Long Divergence, by Timur Kuran (mentioned in podcast).

RELATED PODCASTS

Rodney Stark on the Triumph of Christianity, Part II.

Timur Kuran on Islamic Law and Economic Development.

Timur Kuran on Islamic Economics.

Joseph Daniels on Religion and Trust.

Jared Rubin on Christian and Islamic Economic History.

Religious Liberty & Economic Development: A Panel Discussion.

Robert Woodberry on Missionaries and Democracy.

More podcasts on Religion & Economics.

Michael McConnell on Church Property Disputes

tonygill — Sun, 24 Apr 2016 08:00:52 +0000

What happens to church property when a congregation decides to divorce itself from its denomination? Does the real estate and other forms of property remain with the local congregation, or does the denomination have claim over all that stuff? While the answer to those questions might simply be “whoever bought it in the first place,” the reality is rarely so clear-cut and many of these cases end up in state courts. Prof. Michael McConnell — the Richard and Mallery Professor of Law at Stanford University — sets the issue of church property ownership in historical context to help us understand how such cases are resolved today. We journey back to the 19th century when the “English Rule” was often used to settle disputes between local congregations and their larger denominational structures. Such an approach tended to favor larger, more hierarchical denominations over the congregations. However, in the late 1800s, with the Watson v Jones case, jurisprudence on this matter began to change. Prof. McConnell leads us through these changes and up to the Jones v Wolf decision in 1979, laying out the various issues that came under contention along the way. Michael then makes an argument in favor of “strict neutral principles” of resolving property disputes, noting that this mitigates the need for courts to meddle in, or determine, what it proper church doctrine and organization. He contrasts this approach with “hybrid” approaches that oftentimes yield greater uncertainty in ownership and discourage investment. Several examples of actual court cases are referenced throughout the interview. Recorded: April 13, 2016.

Constitutional Law Center at Stanford.

“On Resolving Church Property Disputes,” by Michael McConnell and Luke Goodrich (at SSRN).

Religion and the Law, edited by Michael McConnell, John Garvey, and Thomas Berg.

Christian Perspectives on Legal Thought, edited by Michael McConnell, Robert Cochran, and Angela Carmella.

Watson v Jones (1872), Supreme Court case mentioned in podcast.

Jones v Wolf (1979), Supreme Court case mentioned in podcast.

RELATED PODCASTS

Matthew Franck on Hosanna-Tabor and Ministerial Exemptions.

Jordan Lawrence on Religious Property Cases.

John Inazu on the Four Freedoms, Religious Liberty, and Assembly.

David Cortman on Religious Liberty Updates.

Mike Donnelly on Homeschooling.

Matthew Franck on Hobby Lobby and Religious Freedom Jurisprudence.

Art Carden on Christian Ethics & Economics (Encore Presentation)

tonygill — Sun, 08 Nov 2015 09:00:22 +0000

We’re taking a short break, but will return with some fresh episodes soon. In the meantime please enjoy this popular interview from the past.

How does a Christian economist approach the religious charge of helping one’s neighbor? We talk with Art Carden, assistant professor of economics at Samford University and a senior research fellow at the Institute for Faith, Work and Economics, about the relationship between Christian ethics, economic growth, and the best way to help one’s neighbor. The podcast starts out with a dose of good news in these troubling times, and we try to figure out why the past two centuries have been truly unique in human history. Art reveals some of the basic institutions that have arisen to help promote a phenomenal growth in living standards. These institutions include private property rights, honest government, competitive markets and free trade. But economic growth is more than just “getting the institutions right.” Prof. Carden points out that it is also about “getting the rhetoric right.” We delve into this topic by looking at how seemingly well-intentioned policies often have unintended consequences. This discussion is peppered with a number of different examples including laws against price gouging during a disaster, minimum wage laws, donating clothing to earthquake victims, and even holding toy and food drives at church. Prof. Carden then discusses the work he is doing with the Institute of Faith, Work and Economics in trying to help theologians and other Christians gain a better understanding of basic economics, and how this might help them achieve their goals of alleviating the plight of the suffering. He ends on an optimistic note about these efforts with a thankful nod to the internet and podcast series like this one. Recorded: October 29, 2012. (It should be noted that several of the predictions about anti-gouging laws that we made in the run-up to Hurricane Sandy have turned out to be true in its aftermath, including shortages of gasoline and other essential supplies.)

Jordan Lorence on Religious Property Cases

tonygill — Sun, 11 May 2014 08:00:19 +0000

Access to property is very important for religious organizations as it allows congregants to have a regular place to meet. But property does not come free of restrictions on use; governments often set policies that can facilitate or hinder how a religious group uses property. We discuss four court cases pertaining to property access and use with Jordan Lorence, senior counsel and senior-vice-president of the Office of Strategic Initiatives for the Alliance Defending Freedom. Our survey of these court cases includes issues pertaining to whether congregations can gain access to public property (most notably public schools), whether or not churches are tax exempt on their property, the type of signage available to religious organizations, and minimum acreage requirements imposed on houses of worship.

Our conversation begins with a bit of chit-chat about Minnesota, Tonka Toys, and what it is like to argue cases before the US Supreme Court. We then dive into our main topic, which is the issue of church property. Jordan reveals that he became involved in this area of litigation simply based upon the number of court cases that have been popping up over the past several decades. He mentions that many of these cases are prompted both by “equal access” concerns (i.e., can a religious group lay claim on property that is similar to a secular group’s claim) and the tax-exempt status of faith-based organizations. Not surprisingly, if a confessional group would like to occupy property and that property is tax exempt, local governments might be reluctant to allow these groups to use that space over a concern of foregone revenue.

The first case we examine in detail pertains to whether or not churches (and synagogues, mosques, etc.) can rent space in public schools during the weekend to hold worship services. The specific case where this is being challenged in the Bronx Household of Faith v Board of Education of the City of New York. Jordan details the history of this church and the conflict surrounding whether or not it can gain access to this public space, a conflict that dates back to the mid-1990s. Jordan notes that of the 50 largest school districts in the U.S., this is the only place where churches are not allowed to rent public school space for worship services. What constitutes “worship services” (as compared to a Bible study group) is one of the definitional issues that we wrestle with. Mr. Lorence reviews the arguments on both sides of the case and talks about where this litigation currently sits following a 2-1 decision against Bronx Household in the 2nd Circuit in early April.

Our conversation moves from New York City to Arizona, a place where one might think religious property rights issues are not as contentious. Nonetheless, we talk about two current cases winding their way through the court system. The first case, Church of the Isaiah 58 Project of Arizona v La Paz County involves a lien placed upon a small church for not paying $50,000 in back taxes. The church claims it has tax exempt status, but the county is requiring proof from the I.R.S. although the state of Arizona has granted the organization such status albeit not for all the year’s of its existence. This generates an interesting conversation about the role that taxes play in determining how local governments handle religious property claims. The second case from Arizona does not deal with real estate per se, but rather the regulations placed on church signage. The issue in Reed v Town of Gilbert centers around how churches face greater restriction on the size of, and duration to which, signs advertising worship are displayed. While the church organization has lost at the lower court level, this is a case that has garnered a great deal of attention from some big name legal scholars and is awaiting a set of decisions from the US Supreme Court on whether (and how) it will proceed.

Our final case involves a rather interesting twist on church property claims. In New Generation Christian Church v Rockdale County, instead of limiting the maximum size of church property, the local government is requiring a small congregation to purchase a minimum of three acres for its activities even though the congregation does not need this much land. During this portion of the conversation, and echoing some earlier discussion, we reflect upon how the definition of “church” or “worship service” can play a large role in determining how religious groups fit with various regulations. We conclude with Jordan’s thoughts on whether the legal environment involving church property has become better or worse for churches over the years. Where equal access cases involving the use of public space have tilted in favor of religious use over the past few decades, issues involving the actual real estate owned by religious organizations has not. Jordan finishes up with a bit of typical Minnesota commentary. Recorded: April 30,2014.

Bronx Household of Faith v Board of Education of the City of New York.

Church of the Isaiah 58 Project of Arizona v La Paz County.

Reed v Town of Gilbert.

New Generation Christian Church v Rockdale County.

Good News Club v Milford Central School.

RELATED PODCASTS

Matthew Franck on Hobby Lobby and Religious Freedom Jurisprudence.

Matthew Franck on Hosanna-Tabor and Ministerial Exemptions.

David Cortman on Religious Liberty Updates.

Aaron Saiger on Religion and Charter Schools.

Erik Stanley on Religion and Free Speech.

Richard Hammar on Churches, Taxes, Donations, and Liability.

Charles North on Religion, Economic Development, and Rule of Law

tonygill — Sun, 20 Apr 2014 08:00:42 +0000

RELATED LINKS

Prof. Charles North’s bio at Baylor University’s Department of Economics (Hankamer School of Business).

Good Intentions: Nine Hot-Button Issues Viewed through the Eyes of Faith, by Charles North and Bob Smietana.

“Religion, Corruption, and the Rule of Law,” by Charles M. North, Wafa Hakim Orman, and Carl Gwin in Journal of Money, Credit, and Banking.

The Victory of Reason, by Rodney Stark (mentioned in podcast).

The Long Divergence, by Timur Kuran (mentioned in podcast).

RELATED PODCASTS

Rodney Stark on the Triumph of Christianity, Part II.

Timur Kuran on Islamic Law and Economic Development.

Timur Kuran on Islamic Economics.

Joseph Daniels on Religion and Trust.

Jared Rubin on Christian and Islamic Economic History.

Religious Liberty & Economic Development: A Panel Discussion.

Robert Woodberry on Missionaries and Democracy.

Russ Roberts & Anthony Gill on Religion & Religious Liberty (A Simul-Podcast with EconTalk)

tonygill — Mon, 06 Jan 2014 13:00:34 +0000

Welcome new visitors. Please consider “liking” us at our Facebook Fan Page or subscribing to our Twitter feed.

In a very special “simul-podcast,” Prof. Russ Roberts, host of the weekly podcast series EconTalk, interviews Tony about the economics of religion and the origons of religious liberty. Our conversation begins with a general observation that economists, and social scientists more broadly, have neglected the study of religion in social life. Tony observes that this is unusual considering that the most enduring institutions in history have been religious organizations, either as formal hierarchies (e.g., the Roman Catholic Church) or less formal “movements” (e.g., Judaism, Buddhism). We speculate as to why scholars have had this blind spot and several possibilities are advanced.

Russ then presses Tony on whether or not religious competition and freedom produces greater amounts of religiosity in society. None other than Adam Smith is cited in response to this question. In the Wealth of Nations (Book V), Smith notes that the clergy in England, supported by state funds, “repose themselves on their benefices” and do little to activate their congregants, whereas in Pennsylvania, where religious freedom is the order of the day, individual pastors must work hard to get their sustenance from voluntary contributions of their flock. Not surprisingly, religion flourishes in the latter area relative to the former. Tony brings to bear some of his own research on Latin America to show that the Catholic Church became more responsive to their parishioners once Protestants began to challenge them for societal influence in the 20th century.

Russ then directs the question to the role of government. Tony lays out his theory of church-state bargains. Beginning with the interests of political rulers to stay in office, maximize revenue, and spur economic growth, he builds a theory why state leaders would want to support religious leaders. Religious leaders, who would like protection from “upstart sects” and a source of regular funding, are often willing to trade ideological and organizational support to the state in exchange for financial subsidies and restrictions on the religious freedoms of minorities. The conversation covers some examples of this and also explores the interesting “counter-cases” of the Soviet Union and China.

We finish with a discussion of religious liberty, or why a government that tightly regulates a religious market would ever want to de-regulate. We start by noting that there are a number of different dimensions to religious liberty and ways to violate it. Tony then advances an interest-based explanation for why leaders — who value political survival, tax revenue, and economic growth — would loosen restrictions on religious minorities when it serves those interests. He uses examples from the colonial U.S. and cites people as varied as William Penn and Tench Coxe. Current threats to religious liberty are then considered and Tony explains why property rights and the Kelo v New London case are critical to religious freedoms. Recorded: December 23, 2013.

RELATED LINKS

EconTalk podcast. (You can find the full transcript and other links at this great website.)

The Political Origins of Religous Liberty, by Anthony Gill.

Rendering Unto Caesar: The Catholic Church and the State in Latin America, by Anthony Gill.

RELATED PODCASTS

Larry Iannaccone on the Economics of Religion (at EconTalk).

Barry Weingast on the Violence Trap (at EconTalk).

Larry Witham on the Economics of Religion.

Anthony Gill on the Political Origins of Religious Liberty.

Chris Beneke on Religion, Markets, and the Founding Era.

Timur Kuran on Islamic Economics.

Timur Kuran on Islamic Law and Economic Development.

Jared Rubin on Christian and Islamic Economic History.

Mark Koyama on the Economics of Jewish Expulsions.

Mike McBride on the Economics of Religious Leadership.

Art Carden on Christian Ethics, Charity, and Economics

tonygill — Mon, 12 Nov 2012 09:00:15 +0000