Abstract

It is common for religiously motivated actions to be specially protected by law. Many legal theorists have asked why: what makes religion special? What makes it worthy of toleration over and above other non-religious deeply held convictions? The answer I put forward is that religions’ alleged afterlife consequences call for a principle of toleration that warrants special legal treatment. Under a Rawlsian principle of toleration, it is reasonable for those in the original position to opt for principles of justice that accommodate actions with alleged afterlife consequences. And, under a utilitarian principle of toleration, a greater psychological harm is eased by such accommodations. Additionally, this alleged afterlife consequence is found in most of the religions that are thought to warrant some level of special toleration—not only do the Abrahamic religions have alleged afterlife consequences, but many eastern religions do as well, e.g. reincarnation.