To date, both the United States federal government and twenty-one individual states have passed Religious Freedom Restoration Acts that aim to protect religious persons from having their sincere beliefs substantially burdened by governmental interests. RFRAs accomplish this by offering a three-pronged exemption test for religious objectors that is satisfied only when (1) an objector has a sincere belief that is being substantially burdened; (2) the government has a very good reason (e.g., health or safety) to (...) interfere; and (3) there is a reasonable alternative to serve the compelling interest. Legal balancing tests like those found in RFRA are content neutral insofar as they sideline the belief-content of conscientious objections as irrelevant when determining the permissibility of granting legal accommodations. However, some theorists worry that this legal picture may be backward: perhaps balancing tests should be content non-neutral given the usual features of conscientious objections. For example, Yossi Nehushtan contends that, contrary to their typical codification, religious conscience beliefs seem undeserving of special legal accommodations because they possess uniquely strong empirical and theoretical ties to intolerance. Thus, the illiberally intolerant content of these conscientious objections might actually give the state a reason to refuse to grant legal exemptions. In this paper, I offer a cursory defense of content neutrality with respect to balancing tests like those found in RFRA. To begin, I outline Nehushtan’s argument for content non-neutrality. The cornerstone of his argument is that illiberal intolerance is intolerable such that conscientious objections that are based upon illiberally intolerant values provide the state with strong, normally prevailing reason not to grant an exemption. I argue that, even when the illiberally intolerant content of one’s conscience constitutes a weighty and relevant factor in determining the permissibility of granting a legal exemption, there remain significant problems. It is difficult, for example, to determine which views are illiberally intolerant and difficult to say whether illiberally intolerant views can effectively serve as the principled demarcating line in balancing tests. To conclude, I offer several cursory arguments in favor of adopting content-neutral approaches without necessarily making a comprehensive case. By drawing on the work of Amy Sepinwall, Nadia Sawicki, and Nathan Chapman, I show that content-neutral approaches can help to safeguard robust protections for conscience by permitting atypical exercises of conscience, protect minority thoughts and practices from being coercively supplanted by majoritarian understandings of morality, appropriately maintain the skepticism and humility that we owe each other as compatriots in a pluralistic society, and allow the kind of justifiable civil disobedience that has an important place in political history among other things. (shrink)

The aim of this paper is to present and analyse legal acts cited in the European Parliament resolution of 20 January 2011 on the situation of Christians in the context of freedom of religion. The author presents the substance of the right to religious freedom and the position of religious freedom among other human rights. The paper also shows the formation of European law on religious freedom and grasps the development trends in this (...) area. Because of the discrepancies that arise when translating the same foreign terms into the Polish language, in order to better explain the content of the cited documents, the texts are also given in English language. The article is the summary of basic legal regulations relevant to reflect on religious freedom at EU level. Compiled materials may be useful to continue the reflection on religious freedom. (shrink)

After Al-Tusi and his effective work- which is called Nasirian Ethics- Islamic Philosophical Ethics emerges a fixed perspective that tips the balance (scale) in favor of otherworldly Eudemonia and considers worldly Eudemonia as rental land which can be abandoned. Ibn Khaldun tries to present a communicative theory; but his work has limited under the main discourse of Islamic Ethics which is fixed in the space and effect of the mentioned balance. As a consequence, after Mulla Sadra and in Esfahan school, (...) the Nasirian though is developed. then the main challenge is that the social development is slowed diminished in favor of individual Eudemonia. But it seems that Tabatabai in his theory (Constructional Perceptions) shows or reconstructs an almost unanimous consensus which tries to find a compromise between temporal (worldly) and eschatological (otherworldly) Eudemonia. In this paper and according to its descriptive- analytic prospect- with memorizing a historical transformation- Tabatabai 's theory is supposed as an alternative for reconstituting of Islamic Philosophical Ethics, which is based on the popular goodness and civil development. (shrink)

The article works out the thesis that to the excessive desire of the powerful for the absolute appropriation/domination it is opposed a not less excessive and absolute desire from people in order not to be appropriated/dominated: two desires of a distinct nature which are neither the desire for the same things nor the desire for different things, but desires in which the act of desiring is different. Taking into account that each desire aims at its absolute effectiveness, each one of (...) them tries to impose itself universally becoming doubly absolute: for one side it is inclined to the absolute domination (the powerful) or to the plain liberty (the people); for the other side, tries to impose itself to the whole political body. Each desire is only sustained by its heterogeneous desire. Each one pursues its own purposes whose realization will be the ruin of all collective life. Good institutions and good laws ensure liberty as long as they are capable to prevent the powerful or the people to consummate its desire or abandon its own desire to assume the other’s. However, having inscribed the order of law in the disorder of dissent, Machiavelli discarded the idea of an institutional order as a defi nitive solution to the disorder of dissent. Consequently, no law or institution is able to defi nitively resist the risk of corruption. This requires a periodic return to the origins: the experience of the constitutive moment of the original violence which, exposing men to risks, restores the initial reputation and strength of States and institutions. -/- O artigo parte da enunciação da tese de que ao desejo desmesurado dos grandes pela apropriação/dominação absoluta opõe-se um desejo não menos desmesurado e absoluto do povo de não sê-lo: dois desejos de natureza diferente que não são nem o desejo das mesmas coisas nem desejo de coisas diferentes, mas desejos cujo ato de desejar é diferente. Considerando que cada desejo visa sua efetividade absoluta, cada um tenta se impor universalmente tornando-se duplamente absoluto: por um lado, tende à dominação total (os grandes) ou à liberdade plena (o povo); por outro, tenta se impor ao conjunto do corpo político. Cada desejo somente se sustenta do desejo que lhe é heterogêneo. Cada um persegue uma fi nalidade própria cuja realização plena será a ruína de toda vida coletiva. Boas instituições e boas leis asseguram a liberdade na medida em que forem capazes de impedir que grandes ou povo consumam seu desejo ou que abandonem seu desejo próprio para assumir o do outro. Contudo, ao inscrever a ordem da lei na desordem dos dissensos, Maquiavel descartou a ideia de uma ordem institucional como solução defi nitiva da desordem dos dissensos. Consequentemente, nenhuma lei ou instituição é capaz de resistir defi nitivamente ao risco da corrupção. Isso obriga ao retorno periódico às origens: a experiência do momento constitutivo da violência originária que, expondo os homens ao risco, restaura o prestígio e vigor iniciais de Estados e instituições. (shrink)

The author considers that the Penal Sciences face a wide range of human pathogenic issues, ranging from terrorism and human trafficking to corruption and the use of substances and are, thus, the ideal discipline for investigating the various scientific issues and the implementation of the scientific findings arising from such investigations. He also believes that the Penal Sciences, being inextricably linked to human values and constitutional rights, are, by their nature, beneficial towards the promotion and consolidation of values, such as (...) freedom, solidarity and, especially, Social Justice. The latter concept is perceived by the author not only as a form of justice, which provides everyone with their due of proportion to their value, according to the famous saying of Ulpian “suum cuique tribuere”, but rather as a form of restitution from social injustices and as a treatment for social needs, particularly for our fellow human beings who are marginalized by society in conditions of poverty and degradation. It is interesting, at this point, to emphasize that the United Nations, in an important report from 2006 entitled “Social Justice in an Open World. The Role of the United Nations”, defines Social Justice as the fair and compassionate distribution of the fruits of economic growth (“Social Justice in an Open World. The Role of the United Nations”, edited by the International Forum for Social Development, New York: United Nations, 2006, p. 7, available online). The vision, therefore, of a society focused on goals such as combating socio-economic disparities and providing effective assistance for the weaker members of society signifies, especially in this period of Crisis, is a primary objective worthy, according to the author, of captivating us. Perhaps, indeed, the new target for Criminal Policy, following that of Restorative Justice, should now be that of Social Justice and, in fact, with a double project and aim: first for a fairer distribution of social goods and, also, for greater solidarity towards the weaker members of society. Indeed, it is a known fact to those involved with the Penal Sciences, that a dominant contemporaneous trend is that of Restorative Justice, in the sense that Criminal Law and Criminology finally have to address the needs of the victim of a criminal act and to advocate for relevant methods for extrajudicial settlements and for the conciliation of the offender and the victim. Restorative Justice is, hence, based on the triptych of the perpetrator assuming responsibilities for their actions, of restoring, as far as possible, the effects of the injurious actions against the victim and, also, of actively expressing the desire for conciliation with the victim. Certainly it would be greatly desirable if these ideas were to be consolidated within Greek legislation, albeit within the, always progressive, Greek Law for Minors there is a provision for the reformatory conciliation measure, pursuant to article 122 case e of the Greek Penal Code. However, the author believes that in this period of time, a time of profound crisis at all levels, there is need for more than simple offender-victim conciliation. There is a need for this spirit of reconciliation and solidarity to be extended to benefit all those who are experiencing hard times and may, therefore, in their deprivation and frustration, are led to committing crime. The author, at this point, refers to all the socially weak and often marginalized groups of people, who are scientifically characterized as "weak" or "vulnerable" and who try, with great courage, to survive without breaching the threshold of breaking the law. It is apparent here, according to the author, that if Criminal Policy actually aims to provide solutions to the problems of crime, it should not solely be limited to repairing the damage and conciliating the victim and perpetrator, but it should strike against the causative factors of crime and the primarily socio-economic inequalities and other forms of injustice which cause, according to Aristotle in his "Politics" (V. 1301b27, 1301a32 et seq., 1266b40), social reactions, attitudes and – Ι would add - a sequence of serious criminal acts. In other words, another kind of Justice is required in addition to Restorative, so that it may become the mission of our Criminal Policy to eliminate the injustices and inequalities that lead to crime. In view of this direction certain introductory thoughts are developed in this article. (shrink)

According to Corey Brettschneider, we can protect freedom of religion and promote equality, by distinguishing religious groups’ claims to freedom of expression and association from their claims to financial and verbal support from the state. I am very sympathetic to this position, which fits well with my own views of democratic rights and duties, and with the importance of recognizing the scope for political choice which democratic politics offers to governments and to citizens. This room for political (...) choice, I believe, is necessary if people are to have any chance of reconciling the conflicting moral and political obligations they are likely to face, however idealized our conception of democracy or morality. Granted that no amount of personal and political choice will ever guarantee that we do not encounter tragic choices, and painfully conflicting moral demands, it is an important feature of democracy – or so I believe – that its rights reflect the importance of mitigating these conflicts so that people are able, as a rule, to act as they ought, so that they do not experience their moral sentiments, beliefs and capacities simply as grounds for recrimination, alienation and despair. I therefore believe that democracies have good reason not to force the consciences of the undemocratic and the intolerant, where it is possible to accommodate such people without threatening the rights of others. However, the fact that I share many of Brettschneider’s intuitions and beliefs does not mean that I share them all. In particular, I find his conception of democracy unduly narrow, and unduly based on a rather idealized conception of the American constitution which is unlikely to appeal to those whose conceptions of democracy are more republican, more socialist, more pragmatic and more international than his. I have explained these worries elsewhere and drawn out some of their implications for his arguments about privacy and judicial review. There is no need to repeat them here. I will also set to one side my worries about his uninflected, overly abstract and rather reified characterization of the State, in the hope that others will discuss this and that, in the end, a more nuanced conception of the State and a more lively appreciation of the conflicting people, institutions, histories and norms which make up most states, will prove consistent with his arguments. Finally, I do not propose to enter into a detailed discussion of the difficulties of Brettschneider’s overly abstract and reified conception of State ‘speech’ and ‘expression’ which, while motivated by the language of American constitutionalism, appears to cover pretty much anything a government might do, from raising and spending taxes, to accepting judicial interpretations of contested constitutional provisions, or to affirmatively pronouncing on the goals that will animate its legislative agenda and its aspirations for citizen’s lives. Again, while I would have wished for a more nuanced and analytical discussion of so central a concept as ‘expression’ and, in particular, expression by ‘the State’, I am uncertain that anything fundamental in Brettschneider’s account of citizen rights and duties would be altered in the process. Instead, then, I want to focus on points in Brettschneider’s argument that intrigue, and sometimes puzzle, me the most and where issues of nuance and clarification might make a substantial difference to our views of equality and religious freedom. (shrink)

John Courtney Murray is openly acknowledged as one of the greatest public political thinkers that American Catholicism has produced. His work significantly influenced the Catholic Church's public understanding of the role of religion in a pluralistic society through his contributions to the Declaration on Religious Liberty (Dignitatis Humanae) of the Second Vatican Council. He was even acclaimed in the secular world, appearing on the cover of Time on December 12, 1960. His legacy in the area of church–state relations, however, (...) ran into serious difficulties shortly after his death. Many have alleged that the cause of this nonreception lay in a new religious pluralism in the United States or in a lack of consensus on basic moral or philosophical issues. I will argue, by contrast, that one overlooked, but highly influential, reason for this lack of reception lies in Murray's position on the relationship between nature and grace. The triumph of a competing view in the post-conciliar Catholic Church and wider academy, both in theology and in philosophy, undermined the possibility of Murray's vision finding traction within either realm. (shrink)

Since the formal academic study of religion commenced in the 19th century with scholars like Friedrich Max Müller (Abraham & Hancock, 2020), religions have been neatly categorised into three traditions; Abrahamic, Dharmic and Taoic (NowThis World, 2015). However, ignited by my personal interest in both astronomy and religion, I have realised that a fourth tradition exists that has not yet been formally accepted into academic nomenclature. This unestablished tradition of religion is characterised by the observation and worship of, devotion to, (...) and divination by, the stars (Irvin & Rutajit, 2006). To acknowledge the existence of an entire religious tradition will clarify and affirm the central role of astronomy in the development of world religion, a role that has been undermined by established religions throughout the centuries (Martínez, 2019, p372-375; Valentinuzzi, 2019, p23-27). As such, these religious institutions have acted as knowledge gatekeepers. However, following on from the legacy of the Enlightenment, the freedoms it brought to scholarship and the development of the academic study of religion in the 19th and 20th centuries, now is perhaps the best time to propose the validity of a religious tradition based on astronomy. In turn, I propose that the historical background of astronomy and religion, particularly focusing on their prehistoric origins, need to be explored. Firstly, I feel that it is important to demonstrate creativity and my passion for this research area by introducing this collection of religions as the Astronic tradition. Proving the validity of this tradition will act as the nucleus of my dissertation, but explaining the reasons for studying this area will further illuminate the subject. My focus on this area was initially sparked by my interest in astronomy and religion, particularly due to my own personal beliefs. After investigating the current body of literature, there is a lack of specificity to the history of astronomy and religion, particularly from religious scholars. At present, the scholarship in this area of research is certainly dispersed across disciplines, hence the importance of my holistic approach to bring these dispersed works together when and where they become relevant. I also have ambitions that my work will ignite scholars of religion to research this area in the future to provide further testament to the Astronic tradition’s historicity. Furthermore, another macro-level reason for my choosing of this topic involves the ever-growing role of space exploration in society lead by entrepreneurs like Elon Musk, thus highlighting the need for greater comprehension of humanity’s religious connections to the stars. This involves establishing a coherent history for humanity’s religio-philosophical interactions with outer space and how the future of humanity in space will alter the religious landscape. Having now understood my rationale, it is essential that I explain how I intend to achieve my aims. (shrink)

Religious freedom is often thought to protect, not only religious practices, but also the underlying religious beliefs of citizens. But what should be said about religious beliefs that oppose religious freedom itself or that deny the concept of equal citizenship? The author argues here that such beliefs, while protected against coercive sanction, are rightly subject to attempts at transformation by the state in its expressive capacities. Transformation is entailed by a commitment to publicizing (...) the reasons and principles that justify the basic rights of citizens. (shrink)

This chapter is devoted to the discussion of religious freedom and the anti-racist fight in the Black Diaspora in Latin America, considering the historical processes that involve such discussion, including legal apparatus such as Human Rights and local legislation. Therefore, as a starting point, we take the historical conditions of the emergence of Candomblé in Brazil, that are linked to the trafficking of enslaved African peoples and their resistance to keep alive in their memories, their religious beliefs (...) and their worldviews. Wherefore, it is a discussion in which religious freedom is not dissociated from the anti-racist struggle in the case of Brazil, where, in the 20th century, the myth of racial democracy is produced in the light of studies carried out by Gilberto Freyre in the midst of the 1922 post-week modernist movement. (shrink)

This paper offers a critical examination of two recent American Supreme Court verdicts, Masterpiece Cake Shop v Colorado Civil Rights Commission and Trump v Hawaii. In Masterpiece the Court ruled against the state of Colorado on grounds that religious bias on the part of state officials undermines government’s authority to enforce a policy that might otherwise be constitutional. In Trump the Court ruled in favor of an executive order severely restricting immigration from seven countries, five of which are Muslim (...) majority. Both verdicts raise important issues concerning fairness and religious freedom. After examining some of the central legal issues in these verdicts I offer a critical assessment of the legal arguments, focusing on how political value judgments played a crucial role in determining the legal outcomes. (shrink)

W.E. Gladstone’s changing and inconsistent views on religious oaths and established churches present an intriguing puzzle. This article compares and contrasts his early and later stances on these topics with the purpose of evaluating the place of practical judgments in his arguments. This exploration reveals that the prevailing description of Gladstone’s views, which privileges the role practicality played in his later support for a more liberal set of policies governing church–state relations, does not explain the changes and inconsistencies in (...) his position as well as does a description that emphasizes the changes and continuities in his fundamental philosophy. In conclusion, connections are suggested between this explanation of Gladstone’s views and theoretical considerations regarding the development of liberal freedoms. (shrink)

Recognition of Religion or Belief presents a global overview of the systems, laws and mechanisms states have established to recognise religions and beliefs and to legally register their affiliated organisations. Recognition of Religion or Belief is the first book of its kind to dedicate its contents to the recognition and registration issues, especially how they intersect with religious freedom conditions around the world. The book provides an analysis of the most up-to-date data on the recognition systems and registration (...) procedures of every country and territory on the planet using terminology derived from Cometan's doctoral research forming his upcoming thesis titled Religious Freedom & State Recognition of Belief to which Recognition of Religion or Belief acts as both a compliment and precursor. (shrink)

This is part of a symposium on conscientious objection and religious freedom inspired by the US Catholic Church's claim that being forced to pay for health insurance that covers abortions (the effect of 'Obamacare')is the equivalent of forcing pacifists to fight. This article takes issue with this claim, and shows that while it would be unjust on democratic principles to force pacifists to fight, given their willingness to serve their country in other ways, there is no democratic objection (...) to forcing those who believe abortion to be murder to pay for health insurance coverage that includes abortion. (shrink)

One of the issues that caught my attention in the discussion on Religion and Human Rights, which is also an issue that has recently started to be hotly discussed in Indonesia, is the issue of LGBTQ+ minority rights (gay rights). This issue becomes interesting, the issue of gay rights, especially when this issue deals with the Freedom of Religion or Belief (FoRB). As we saw in the discussion of human rights at International, tensions between gay rights and FoRB in (...) several countries have their own characteristics. For example, in Indonesia, recently, the movement for defenders of the FoRB has begun to bloom, and, I observe, there is a tendency to include minority groups such as indigenous people, including LGBTQ+ people (gay rights), into their circle of struggle. The question is, how do religious freedom rights (FoRB) deal with gay rights? Or conversely, how do gay rights deal with religious freedom? In that context, this book becomes relevant to discuss. This book provides each author’s many different moral arguments and philosophical commitments. (shrink)

In this short article, my aim is to introduce readers to some debates about religious freedom and constitutional law in the United States. I highlight a few of the enduring questions debated by political philosophers and legal scholars. For example, does the Constitution require special religious exemptions for citizens whose religious convictions put them at odds with otherwise neutral and legitimate state pol- icy? Should the Constitution be interpreted as supporting a strict secularism or a multicultural (...) egalitarian liberal position? What are the limits to religious freedom? To illustrate how these and related questions are debated I consider some recent work on religious freedom jurisprudence in the United States. (shrink)

Is the institutionalization of religious freedom through human rights jurisprudence simply a means by which the modern nation-state manufactures and regulates “religion”? Is the discourse of religious freedom principally a technology of state governance? These questions challenge the ways that scholars conceptualize the relation between states, nationalism, human rights, and religious freedom. This article forwards an approach to human rights and methodological nationalism that both counters and explores alternatives to the prevailing conceptions of human (...) rights, nationalism, and state sovereignty in the discourse on the putative impossibility—and, by some accounts, insidiousness—of religious freedom. I first explicate the interpretive and contestatory dimensions of human rights discourse concerning religious freedom. I then explore cross-cutting ambivalences within the nationalisms that states need and cultivate in effort to transmute their monopoly upon coercive force (i.e. power) into legitimated authority. I argue that these provide two dimensions in and through which state sovereignty may be opposed, criticized, held accountable, and subject to change. (shrink)

The article provides an analysis of the European Court of Human Rights judgments in the case of Lautsi v. Italy (application no. 30814/06), also known as the Italian crucifix case. The applicant claimed that displaying crucifixes in the Italian State-school classrooms attended by her children was contrary to the principle of secularism, by which she wished to bring up her children, and therefore infringed her right to ensure their education and teaching in conformity with her religious and philosophical convictions, (...) and also breached her freedom of conviction and religion, as protected by Article 9 of the Convention. In its judgment of November 3, 2009, the seven-judge Chamber declared that there had been a violation of Article 2 (right to education) of Protocol No. 1 of the European Convention on Human Rights taken together with Article 9 (freedom of thought, conscience, and religion) of the Convention. The judgment was given unanimously and none of the judges appended a separate opinion. The Italian Government asked for the case to be referred to the Grand Chamber by virtue of Article 43 of the Convention. In the judgment of the Grand Chamber, delivered on March 18, 2011, the Court held, by fifteen votes to two (and with separate opinions of six judges), that there had been no violation of Protocol No. 1 and no violation of the Convention itself. The analysis in the article is focused on selected principal factors determining the Court's decision. It shows that the proposal for the Court to recognize secular convictions as those protected by Article 2 of Protocol No. 1 or Article 9 of the Convention has no sufficient basis in the Convention itself and in earlier Court's case-law and, even, may be considered as promotion of religious intolerance, threatening the freedom to publicly manifest a religion or belief, as guaranteed by Article 9 of the Convention. -/- Opracowanie zawiera analizę wyroków Europejskiego Trybunału, które zapadły w sprawie Soile Lautsi (app. 30814/06), zwaną „włoska sprawa krzyża” (Italian Crucifix Case). W sprawie tej skarżąca zarzucała, że okazywanie znaku krzyża w klasach włoskich szkół państwowych, do których uczęszczały jej dzieci, jest sprzeczne z zasadą sekularyzmu, zgodnie z którą chciała ona wychować swoje dzieci i dlatego stanowi naruszenie jej prawa do wychowania i nauczania zgodnego z jej religijnymi i filozoficznymi (moralnymi) przekonaniami, oraz stanowi naruszenie wolności religijnej, gwarantowanej art. 9 Konwencji. W wyroku siedmioosobowej izby ogłoszonym 3 listopada 2009 r. izba uznała naruszenie art. 2 (Prawo do nauki) Protokołu dodatkowego nr 1 do Konwencji o ochronie praw człowieka i podstawowych wolności w powiązaniu z art. 9 (Wolność myśli, sumienia i wyznania) Konwencji. Wyrok zapadł jednomyślnie i żaden z sędziów nie dołączył do wyroku swoich uwag. Rząd Włoch złożył wniosek w trybie przewidzianym art. 43 Konwencji o przekazanie sprawy do Wielkiej Izby. W wyroku Wielkiej Izby ogłoszonym 18 marca 2011 r. Trybunał uznał zdecydowaną większością głosów – 15 za wobec 2 przeciw (sześciu sędziów dołączyło swoje uwagi), że nie doszło do naruszenia ani Protokołu nr 1, ani samej Konwencji. Analizy koncentrują się na wybranych zagadnieniach, kluczowych dla argumentacji Trybunału. Analizy te pokazują, że postulowanie przez izbę uznania za prawo podmiotowe radykalnie pojętej negatywnej wolności religijnej, oraz postulowanie - tak przez izbę, jak i przez Wielką Izbę - ochrony przekonań sekularystycznych jako przekonań chronionych art. 2 Protokołu dodatkowego nr 1 lub art. 9 Konwencji, nie posiada należytego uzasadnienia ani w samej Konwencji, ani w dotychczasowym orzecznictwie Trybunału, a co więcej – może być uznane za propagowanie nietolerancji religijnej, godzącej przede wszystkim chronioną art. 9 Konwencji wolność publicznego uzewnętrzniania przekonań religijnych i filozoficznych. (shrink)

In this paper, we try to show that the existing Spanish secular model should be defined in terms of collaboration. Religious freedom is interpreted by Spanish judges in a Catholic framework, as an implementation of the Second Vatican Council's Declarations and Constitutions. In this sense, the Catholic Church has managed to impose its authority through privileged agreements with the Spanish State. _Keywords:_ religious freedom, secularism, Spain, religious law.

In their 2020 International Religious Freedom Report, the United States Commission on International Religious Freedom (USCIRF) detailed the recognition processes for religious organisations by country. Although the dynamics of religious restriction were acknowledged, the data alone did not explicate the possible link between the abuse of recognition systems and issues such as religious freedom violations, forced migration, discrimination, and terrorism. This project is primarily concerned with how the legal apparatus of religious (...) recognition could be abused by governments and why this may be fundamental to the conditions of religious liberty. Religious recognition denotes the mechanism for the legal registration of religious institutions in a country; government recognition normally permits institutions to conduct commercial operations and religious services legally. (shrink)

Book Review of Elizabeth Shakman Hurd, Beyond Religious Freedom: The New Global Politics of Religion.

We take it for granted that commonly we act freely and we are generally morally responsible for what we do when we so act. Can there be such a thing as freely omitting to act, or freely refraining or forbearing, and can we be similarly responsible for omitting, refraining, and forbearing? This paper advances a view of freely omitting to act. In many cases, freedom in omitting cannot come to the same thing as freedom in acting, since in (...) many cases omitting to do a certain thing is not a matter of performing an action of any sort. There are nevertheless important similarities. It is argued, further, that we should view responsibility for omitting to act as capable of being basic or underived, not needing to derive from one’s responsibility for prior actions. Finally, brief consideration is given to a proposal concerning what is required for responsibility for omitting to do a certain thing. (shrink)

Se percibe en el mundo académico de la teología y de la praxis pastoral, un giro general y englobante hacia el sujeto, la experiencia, la donación del amor, la misericordia, el mundo vivido de los hombres y la vivencia de la fe en la vida cotidiana de un mundo secularizado. Es un anhelo de salir de la simple conceptualización y de las discusiones sin fin sobre la fe, para dar paso a una vivencia y a una experiencia de lo creído (...) y a un testimonio que lo haga creíble. La revolución que ha propiciado el papa Francisco se fundamenta en una radicalidad del seguimiento de Jesús en la vida diaria, en las cosas sencillas, sin muchos malabares teológicos, y sí con una insistencia grande en el amor misericordioso de Dios. Este artículo quiere presentar algunas reflexiones que ayuden a fundamentar la donación experiencial del amor misericordioso, preguntándose por la experiencia, el lenguaje usado para expresarla y la libertad como respuesta del sujeto llamado en el momento del evento. (shrink)

Determinism which denies freedom of action is a common philosophical view. Is the action of such determinists incompatible with Kant’s claim that a rationally willed being “cannot act otherwise than under the idea of freedom” [G 4, 448]? In my paper, I examine Kant’s argument for this claim at the beginning of the Third Section of the Groundwork and argue that it amounts to the assertion that one cannot act while being aware of being guided by invalid principles. (...) Belief in determinism does not necessarily amount to such awareness. A structurally similar argument based on the contrast between deliberation and prediction is examined and similarly found wanting. (shrink)

In the Ethics, Spinoza famously rejects freedom of the will. He also offers an error theory for why many believe, falsely, that the will is free. Standard accounts of his arguments for these claims focus on their efficacy against incompatibilist views of free will. For Spinoza, the will cannot be free since it is determined by an infinite chain of external causes. And the pervasive belief in free will arises from a structural limitation of our self-knowledge: because we are (...) aware of our actions but unaware of their causes, we suppose that we alone must be responsible for them. Yet I argue that the standard accounts miss a further element of Spinoza’s arguments that also targets compatibilist views on which free will is consistent with a specific kind of determination—namely, self-determination in accordance with our value judgments. For Spinoza, we are misled not only in supposing that our actions lack external determination but also in thinking that they are determined by our representations of value. In fact, our actions are determined by our appetites, which are blind to our value judgments. And the pervasive belief that our actions are determined by such judgments arises from the projection of value onto the objects we seek. As he denies us free will, then, Spinoza also denies us a capacity central to agency—the capacity to determine our actions in accordance with our ideas of the good. This makes his arguments against free will more consequential, and more radical, than commonly assumed. (shrink)

This paper examines how stances and understandings pertaining to whether home education is civically legitimate within liberal democratic contexts can depend on how one conceives normative roles of the secular state and the religious neutrality that is commonly associated with it. For the purposes of this paper, home education is understood as a manifestation of an educational philosophy ideologically based on a given conception of the good. -/- Two polar conceptions of secularism, republican and liberal-pluralist, are explored. Republican secularists (...) declare that religious expressions do not belong in the public sphere and justify this exclusion by promoting religious neutrality as an end in itself. But liberal-pluralists claim that religious neutrality is only the means to ensure protection of freedom of conscience and religion, which are moral principles. Each conception is associated with its own stance on whether exemptions or accommodations on account of religious beliefs have special legal standing and thereby warranted. The indeterminate nature of religion and the allegedly biased exclusion of secular beliefs, cited by some when denying religious exemptions, can be overcome by understanding all religious and conscientious beliefs as having equal standing as conceptions of the good. -/- Analysis of court documents from the Uwe Romeike et al asylum case are guided by these understandings, and relationships among themes are explored. -/- In summary, any stance regarding home education may depend on one’s view of secularism, particularly in relation to whether one views religious neutrality as a means to ensure protection of freedom of conscience or an end in itself. (shrink)

In this article we offer a perspective on the immense number of problems and challenges confronting humanity in our common biosphere. As our human population grows and urbanization increases globally, billions of humans with diverse beliefs and opinions are living in large urban areas without the basic needs of life. The way forward in our biosphere is not violence and disrespect. It is working to maintain and improve our common biosphere and solve our common global problems. Religion and religious (...) believers will need science, so humans can survive and sustain our biosphere. (shrink)

This paper argues that, while they are often conflated, the right to freedom of religion and the right against religious discrimination are in fact distinct human rights. Religious freedom is best understood as protecting our interest in religious adherence (and non-adherence), understood from the committed perspective of the (non)adherent. The right against religious discrimination is best understood as protecting our non-committal interest in the unsaddled membership of our religious group. Thus understood, the two (...) rights have distinct normative rationales. Key doctrinal implications follow for the respective scope of the two rights, whether they may be claimed against non-state actors, and their divergent assessment of religious establishment. These differences reveal a complex map of two overlapping, but conceptually distinct, human rights which are not necessarily breached simultaneously. (shrink)

Criminal justice is primarily designed to serve the public interest in relation to criminal acts. Restorative justice is designed to address the harm-related needs of individuals in the aftermath of wrongdoing. These distinct aims require such different processes and priorities that any attempt to integrate restorative justice within the criminal justice system will almost invariably undermine the quality and effectiveness of both. In this book, the author argues that the optimal relationship between the two should therefore be one of maximum (...) independence: the instruments of the state should not be used to impose or enforce the decision to participate in restorative justice, any component of the restorative justice process or its outcome. It is also suggested that, in the absence of legislative innovation, this kind of separation is likely to require that restorative justice is situated after a case has actually exited the justice system, or after it has, in legal terms, effectively done so, as in a post-sentence context. [Note: The publisher offers a 40% discount on this book (conditions apply). Please see the author's website: "Relational Approaches" for details.]. (shrink)

Would suppressing deepfakes violate freedom of expression norms? The question is pressing because the deepfake phenomenon in its more poisonous manifestations appears to call for a response, and automated targeting of some kind looks to be the most practically viable. Two simple answers are rejected: that deepfakes do not deserve protection under freedom of expression legislation because they are fake by definition; and that deepfakes can be targeted if but only if they are misleadingly presented as authentic. To (...) make progress, following a discussion of why freedom of expression deserves protection in a democracy, the question is reframed. At issue is not whether the arrival of deepfakes brings new and potentially serious dangers (it does), nor whether these dangers call for measures that potentially limit freedom of expression (they do), but whether the need for such measures raises any new and unfamiliar freedom-of-expression challenges. The answer to that question, surprisingly, is no. The balancing act needed to cope with the arrival of deepfakes brings plenty of difficulties, certainly, but none of the measures likely to be effective in tackling deepfake harms raises freedom-of-expression concerns that aren’t familiar from consideration of non-deepfake harms. In that respect, at least, the arrival of deepfakes makes no difference. (shrink)

This article provides an exposition of restorative justice ethics, briefly explaining how and why its relational constitution enables it to comprise a theory of justice. I then describe how that relational constitution permits it to overlap, and work in tandem, with a wide range of religious and philosophical traditions. Numerous writings in religion and peacebuilding explore the roles that restorative justice has played in transitional justice contexts (Tutu 2000, Abu-Nimer 2001, de Gruchy 2002, Biggar 2003, Walker 2004, Villa-Vicencio 2009). (...) Less examined are cases in which restorative justice aims to provide a sustainable alternative to justice institutions and systems that generate substantial systemic injustices—what peace studies scholars describe as the inter-lacing of structural, cultural, and direct forms of violence (Springs 2015). In part two, then, I make the case that intervening in, and countering, structural and cultural violence, and systemic injustices, is conceptually intrinsic to restorative justice. Moreover, this opens possibilities for restorative justice to present sustainable alternatives to—and work to transform— structural violence occurring in retributive justice systems. Restorative justice can uniquely intervene in these ways, I argue, because of the form of moral and spiritual association its relational constitution engenders. As a test case, I briefly examine its capacity to intervene in the justice system that perhaps leads the world in the levels of structural and cultural violence—the United States. (shrink)

This article argues that Max Scheler’s conception of “religious acts” and his criticisms of types of “difference” help rethink the relevance of discernment and decision making, especially today, in an age in which we are faced with an unprecedented range of "options" in nearly every area of social lives. After elucidating Scheler’s engagements with religion in On the Eternal in Man, his work is then applied to rethinking more deeply the four steps of Christian discernment developed by the 5th (...) century Mystic, John Cassian. Since Scheler’s work offers detailed and passionate depictions of the religious relevance of "values", it is an untapped resource for expanding upon Cassian’s still relevant work on discernment; an expansion that is necessary in order to demonstrate the often overlooked importance of discernment. This article concludes by employing the work of these two thinkers to show how discernment can help “sort-out,” like good "money changers", the differences between 1) finite values and supreme values, 2) an authentic and inauthentic doctrine of God 3) true differences and superficial differences, and 4) the social imaginaries of theomorphism and anthropomorphism. (shrink)

Accountability of the elected leaders is one of the key factors in a representative democracy. Bangladesh restored a democratic ruling system in 1991 but has struggled to create an effective institutional mechanism to hold the political leaders before the citizens. Information has often been called the oxygen of democracy because of its power to bring accountability through transparency and public disclosure. With the boom of news media organisations and the emergence of the movement for the right to and freedom (...) of information in the early 2000s, many argued that information institutions could build the mechanism for political accountability. On that background, Bangladesh enacted the Right to Information Act in 2009 and established a few key public information institutions including the Information Commission (IC) and Access to Information Programme hoping that the freedom of information would not only challenge the culture of secrecy and veil but also encourage the elected leaders to be answerable to the citizens. But did it really happen? Why? I looked for the answers in this study though the conceptual and analytical lens of freedom of information, proactive disclosure and accountability. For this study, I mainly used the data and cases gathered from secondary sources namely policy papers, reports, newspapers, journals, books and online spaces. I also utilised my own experience of working with a few state organisations. I analysed the current status of accountability mechanisms in Bangladesh focusing mainly on the political accountability (often called the vertical accountability). I also examined a few recent cases in order to understand the role of the information institutions in bringing the political accountability in the current fragile democracy in Bangladesh. Considering the poor democratic practices in the recent years, findings of this study suggest that the accountability of the political leaders has increased to a certain considerable extent. I argue that this is partly because of the increased transparency and proactive disclosure in the formal and informal institutional mechanisms, and mostly because of the leading active role of the mass media organisations. I conclude with the argument that despite having this increased transparency and freedom of information, this improved accountability is not sustainable without an effective democratic institutional mechanism. (shrink)

Philosophers working in the nascent field of ‘experimental philosophy’ have begun using methods borrowed from psychology to collect data about folk intuitions concerning debates ranging from action theory to ethics to epistemology. In this paper we present the results of our attempts to apply this approach to the free will debate, in which philosophers on opposing sides claim that their view best accounts for and accords with folk intuitions. After discussing the motivation for such research, we describe our methodology of (...) surveying people’s prephilosophical judgments about the freedom and responsibility of agents in deterministic scenarios. In two studies, we found that a majority of participants judged that such agents act of their own free will and are morally responsible for their actions. We then discuss the philosophical implications of our results as well as various difficulties inherent in such research. (shrink)

Despite the fact that common sense taxes emotions with irrationality, philosophers have, by and large, celebrated their functionality. They are credited with motivating, steadying, shaping or harmonizing our dispositions to act, and with policing norms of social behaviour. It's time to restore emotion's bad rep. To this end, I shall argue that we should expect that some of the “norms” enforced by emotions will be unevenly distributed among the members of our species, and may be dysfunctional at the individual, social, (...) moral, or even species levels. I”ll adduce three considerations in support of that pessimistic view: The fallacy of adaptive fixation, the moral randomness of group selection, and the lack of fit between “natural norms” set up by evolution and those moral and social norms we would like philosophy to justify. (shrink)

Kant’s view that freedom is a “kind of causality” seems to conflict with his claim that the categories of the understanding – including causality – can only be applied objectively to sensible phaenomena, never to supersensible noumena, as freedom is only possible for the latter. I argue that only Kant’s theory of symbolic presentation, according to which the category of cause is applied merely analogically to freedom, can dispel this threatening inconsistency. Unlike it is commonly thought, one (...) cannot here use the category of cause in its unschematised form to think freedom as causality, for its mere logical significance does not suffice for the practical reality of freedom. Symbolic cognition in turn is not unschematised but indirect schematized presentation. Ultimately I will show that symbolic cognition is a necessary condition of moral agency – but not of morality itself – for without it we could not cognize and hence self-consciously use our freedom to act from the moral law. (shrink)

We give a brief overview of several recent strands of speech-act theory, and then survey some issues in social and political philosophy can be profitably understood in speech-act-theoretic terms. Our topics include the social contract, the law, the creation and reinforcement of social norms and practices, silencing, and freedom of speech.

By far the most respected response by theists to the problem of evil is some version of the free will defense, which rests on the twin ideas that God could not create humans with free will without them committing evil acts, and that freedom is of such value that it is better that we have it than that we be perfect yet unfree. If we assume that the redeemed in heaven are impeccable, then the free will defense faces what (...) I call the Heaven Dilemma: either the redeemed in heaven are free, in which case it is false that you cannot be free without doing evil, or they are not, in which case (heaven being better than earth) it is false that we are better off with freedom and evil than without either. James Sennett has tried to defend a view of freedom that effectively allows us to be impeccable in heaven so long as we are not on earth, while claiming that we are free in both. I argue that this view leads to a new dilemma: either there is no point to earth at all, and given its miseries, it is wrong for God to make us pass through it to get to heaven (especially if we face the risk of ending up in hell), or Sennett’s view consigns millions who die tragically young to an eternity of unfreedom. (shrink)

Medieval authors generally agreed that we have the freedom to choose among alternative possibilities. But most medieval authors also thought that there are situations in which one cannot do otherwise, not even will otherwise. They also thought when willing necessarily, the will remains free. The questions, then, are what grounds the necessity or contingency of the will’s acts, and – since freedom is not defined by the ability to choose – what belongs to the essential character of (...) class='Hi'>freedom, the ratio libertatis. This article studies medieval theories of freedom without choice from William of Auxerre to William of Ockham and their background in Augustine, Anselm of Canterbury, and Bernard of Clairvaux. (shrink)

The article explores the inner logic and defining features of Daoist freedom. It argues that Daoist freedom can be meaningfully understood as psychological hygiene, and it suggests that Daoist xuan-jie (懸解) can be rendered possible only if one can rid oneself of intensional suffering—an idea ultimately inspired by Friedrich Nietzsche. This comparative approach enables the article to contribute to the received way of understanding Daoist freedom by stressing its dialectics: by being at ease with one’s social and (...) political environment, Daoist freedom demands social criticism, calling for room for people to be able to act spontaneously so that all can nurture their distinctive natures and have a full and free exercise of their natural abilities. The article aims to achieve two objectives at once: it aims to argue for the understanding of Daoist freedom as psychological hygiene, and it defends this reading by bringing two dimensions of Daoist freedom into a consistent whole. In a constantly changing and increasingly pluralistic world, psychological hygiene and social criticism are both necessary for leading a robust and healthy human life. (shrink)

Even a morally good practical agent does not act solely from the recog- nition of the abstract demands of moral duty. Often, she acts to satisfy desires for particular ends that are not intrinsically moral. But if freedom, as Kant claims, consists in acting from universal principles one adopts from respect for the moral law, how can agents freely act to satisfy desires for particular ends? The standard answer to this question, the so-called Incorporation Thesis, is, I argue, unsatisfactory (...) both as an interpretation of Kant and on philosophical grounds. I propose instead that, for Kant, the capacity to act freely for the sake of a particular, non-intrinsically moral end is not exhausted by the ability to step back, reflect and decide whether a desire is or can provide a reason to act. Rather, Kant shows, the place for the pursuit of particular ends is determined by practically rational agents’ spontaneous constitution of their moral character, whereby they subordi- nate the pursuit of material, particular ends to the pursuit of formal, moral ones or vice versa. (shrink)

Human persons can act with libertarian freedom in heaven according to one prominent view, because they have freely acquired perfect virtue in their pre-heavenly lives such that acting rightly in heaven is volitionally necessary. But since the character of human persons is not perfect at death, how is their character perfected? On the unilateral model, God alone completes the perfection of their character, and, on the cooperative model, God continues to work with them in purgatory to perfect their own (...) character. I argue that although both models can make sense of all human persons enjoying free will in heaven on various assumptions, the cooperative model allows all human persons in heaven to enjoy a greater degree of freedom. This consideration about the degree of heavenly freedom provides a reason for God to implement the cooperative model. (shrink)

Many of the Swiss Cantons have regulated the relations between church and state by establishing, in their public law, corporations at the levels of the municipality and of the canton. The role and the rights of these corporations, especially obligatory membership in them, is the object of ongoing political and legal debate. Both on the side of the courts and of the church, the present system has come under scrutiny, while the corporation representatives and also a majority of the population (...) seem intent on maintaining it. This paper explains and examines the presently valid church-state relations, focusing on the Canton of Zurich, and looks at the suggestions for reform elaborated by an experts’ commission instituted by the Conference of Swiss Bishops. In conclusion, it presents some more general reflections on the challenges to individual and corporative religious freedom today, in Switzerland and beyond. (shrink)

The attitude to the Bible is a seismograph for scrutinizing the attitude of Zionism, in general, and that of the settlers, in particular, to their ideological and political world view. To where in the Bible are the settlers returning? To the Land of Canaan, to the land of the Patriarchs, or perhaps to the Kingdom of David? And what is the meaning of this return? It is not only the land that is basic to this question, but the relationship of (...) the Land of Israel to the people of Israel. In this article, we will mainly address the radical theological facets of the settler movement, not the proponents of Greater Israel. Our article will focus on the replication of settler theology from the first stage of Gush Emunim and the act of settlement, which in the opinion of the settlers is in accord with the continuation and completion of the Zionist project, to a more metaphysical phase, in which the centrality of the act of settlement gives way to Hassidic or kabbalistic thinking. The models which we present, make possible a fresh look at the utopian thinking and radical theology that are nourished by the settler movement and reflect a new, non-homogeneous stage. (shrink)

For long time, especially in the West, there is old paradigm that is strong separation between science and theology/religion matters. Especially, such a diverging path started from Galileo persecution, and also other patterns where religious authority seem to hold the last word on scientific issues. Other area of this World, seems to not hold such a diverging path, for instance it can be read in the works of physicist turned to religious philosopher, for instance Pavel Florensky and Nesteruk. (...) That is why we also discuss shortly about those scientists in this book. In the last chapter, we discuss about eureka, an experience which for a long time was attributed to divine spark or “God’s favor to an artist or to a scientist, such luminaries like Newton, Pascal, Leibniz etc.” Nonetheless, new methodology appears to be able to be generated once we accept balanced brain approach, where left brain and right brain hemispheres of humans can work together. (shrink)

What motivated an absolutist Erastian who rejected religious freedom, defended uniform public worship, and deemed the public expression of disagreement a catalyst for war to endorse a movement known to history as the champion of toleration, no coercion in religion, and separation of church and state? At least three factors motivated Hobbes’s 1651 endorsement of Independency: the Erastianism of Cromwellian Independency, the influence of the politique tradition, and, paradoxically, the contribution of early-modern practices of toleration to maintaining the (...) public sphere’s religious uniformity. The third factor illustrates how a key function of the emerging private sphere in the early-modern period was to protect uniformity, rather than diversity; it also shows that what was novel was not so much the public/private distinction itself, but the separation of two previously conflated dimensions of publicity – visibility and representativeness – that enabled early-modern Europeans to envisage modes of worship out in the open, yet still private. (shrink)

Arthur Ripstein’s conception of Kantian freedom has exerted an enormous recent influence on scholars of Kant’s political philosophy; however, the conception seems to me flawed. In this paper, I argue that Ripstein’s conception of Kantian freedom as “your capacity to choose the ends you will use your means to pursue” – your “purposiveness” – is both too narrow and too broad: (1) Wrongful acts such as coercive threats cannot choose my ends for me; instead, such acts wrongfully restrict (...) my perceived options. And (2) rightful changes to the context in which I choose that render my means insufficient for my ends restrict my capacity to choose them. Alternatively, my purposiveness reduces to my entitlements; but then freedom as purposiveness is viciously circular or fails as a new approach to the “devastating” objection that motivates it. (shrink)

Susan Wolf’s compatibilism is unique for being ‘asymmetrical.' While holding that blameworthiness entails being able to avoid acting wrongly, she maintains that our freedom consists in single-mindedly pursuing Truth and Goodness. Comparing and contrasting her position to Saint Anselm’s seminal, libertarian approach to the same subject elicits serious questions, highlighting its drawbacks. How could freedom entail the inability to do certain things? In what sense are reasons causes? What sense can be made of a double standard for assignments (...) of responsibility? Is not self-control inconsistent with being caused to act by things independent of oneself? Does not virtue require struggling against falsehoods and evils by which one could be overcome? Wolf’s compatibilism must be rejected, I shall argue, in light of Anselm’s intuitively satisfying response to these concerns: we should prefer a philosophy that entails more of what we want from freedom without begging unanswerable questions of its own. (shrink)

Cartesian and Western religious and philosophical traditions distinguish the body from the mind, viewing the former as a prison or a burden. The mind (spirit, soul, rationality) is identified as good, while the body is devalued and associated with evil. Some philosophers restored the body's value: humans are not imprisoned spirits, but they are their bodies. Husserl, for example, claims that human beings are not an immaterial substance in a Körper, a physical body, but Leib, a living body that (...) solves within itself the two Cartesian res. Although the Cartesian legacy survives in the Existentialism in the distinction between In-itself (the passive Being) and For-itself (the human, transcendental freedom), the second does not use the object-body as the res cogitans did: "the very nature of the For-itself demands that it be body." Nevertheless, the body plays an ambivalent role, suspended between Körper's passivity and Leib's transcendence. The chapter's focus on Arkham's female characters is not random. Leder notices that "women have consistently been associated with the bodily sphere. They have been linked with nature, sexuality, and the passions, whereas men have been identified with the rational mind. This equation implicitly legitimizes structures of domination." By associating human categories like "lunatics," "savages," or women with the immanence of the body and nature, their transcendentality is denied, and, simultaneously, men's control and domination over them is justified. (shrink)