Suppose Molinism is true and God placed Adam in the garden because God knew Adam would freely eat of the fruit. Suppose further that, had it not been true that Adam would freely eat of the fruit, were he placed in the garden, God would have placed someone else there instead. When Adam freely eats of the fruit, is he free to do otherwise? This paper argues that there is a strong case for both a positive and a negative answer. (...) Assuming such cases are possible under Molinism, we are left with a puzzling question: if Molinism is true, what can you do? (shrink)

At a time when bioethical issues are at the top of public and political agendas, there is a renewed interest in representations of the embryo in various religious traditions. One of the major traditions that have contributed to Western representations of the embryo is the Jewish tradition. This tradition poses some difficulties that may deter scholars, but also presents some invaluable advantages. These derive from two components, the search for limits and narrativity, both of which are directly connected with (...) the manner in which Jewish tradition was constructed in Antiquity. The article accomplishes three goals: • To introduce some central elements in ancient Rabbinic literature on the subject of the embryo and its representation; • To present this body of literature as clearly as possible, noting some of the difficulties encountered by scholars who engage in its study; • To explain how the literature’s textuality came about, examining the particular sociopolitical circumstances of Judaism at that time, including the reasons for the delay in the production of scientific texts, transmitted as such, as compared to other philosophical or religious traditions. The claim is that these circumstances engendered a tradition peculiarly relevant for the study and teaching of medical ethics today. (shrink)

Journal of Social Philosophy, EarlyView.

This research examines the implications of religious moderation on interfaith marriages in the city of Manado. The method used is qualitative with a case study approach; data collection is through observation, interviews, and documentation, which is then processed using the triangulation method. The findings show that religious moderation indirectly influences the sustainability of interfaith marriages in Manado. The implications are realized in the form of religious moderation, which aims to eliminate or minimize violence in the name of (...) religion and uphold diversity through upholding the values of tolerance, thereby increasing guarantees for the continuity of interfaith marriages. These implications become more complex than the laws governing interfaith marriages, especially the Marriage Law (UU Number 16 of 2019) and the Compilation of Islamic Law (KHI). The implications of religious moderation in interfaith marriages underscore the need for legal transformation that recognizes religious diversity as a social asset, encourages interreligious dialogue, and ensures that legal regulations do not hinder individual religious freedom. Encouraging policy reforms that respect differences in beliefs is crucial in creating inclusive spaces and respecting human rights in interfaith marriages. (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.

Poe's Law is roughly that online parodies of religious extremism are indistinguishable from instances of sincere extremism. Poe's Law may be expressed in a variety of ways, each highlighting either a facet of indirect discourse generally, attitudes of online audiences, or the quality of online religious material. As a consequence of the polarization of online discussions, invocations of Poe's Law have relevance in wider circles than religion. Further, regular invocations of Poe's Law in critical discussions have the threat (...) of further entrenching and polarizing views. (shrink)

The present religious constitution of the Federal Republic of Germany is the product of protracted historical conflicts and political settlements that began in the sixteenth century. The mediation of these conflicts and settlements and the piecemeal establishment of the constitution was the achievement of imperial public law and diplomacy. Germany’s religious constitution—a secular and relativistic juridical framework protecting a plurality of confessional religions—pre-dated liberalism and democracy, and owes nothing to normative philosophical constructions of individual freedoms and rights, or (...) social justice and moral community. Rather, it was the product of a political compromise between warring confessional blocs, and of the institutions of public law that were the instruments and effects of this compromise. (shrink)

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. (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)

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)

The movement of people from one country to another in search of greener pasture, peaceful settlement and so on, has become very rampant in the world today. These same reasons have triggered internal migrations as well. Lives have been lost in the bid to circumvent immigration laws of countries by immigrants. The current spate of wars, political crises, natural disasters and hunger has led to increase in illegal migration in the world. Nigeria is not left out. We hear of boundary (...) clashes and insurgencies, which have resulted in illegal emigration to other countries basically in search of job opportunities and better living conditions. Nigerians have severally been repatriated from foreign lands. Recently, over five thousand Nigerians were repatriated from Libya. Nigeria has also played host to migrants from neighbouring countries, and has experienced internal migration in several parts of the country. The frequently asked questions are: “what role can religion play in curbing the spate of illegal migration and refugee crises in Cross River State, Nigeria? The research discovered that religion can be a veritable partner to government in resolving this ever-increasing menace that has become an embarrassment to the state and nation. This work adopted qualitative or explorative research method. It employed the content analysis approach in examining available printed materials on the subject matter. In view of its peculiarity, oral interviews were conducted on specific groups and individuals. This work proposes the involvement of religious organisations in preaching and teaching on the dangers of illegal migration, the provision of vocational training for our teaming youth population to reduce emigration, and the provision of counselling and resettlement programmes for the repatriated and those in refugee camps across the country. The work also encourages the government to evolve modalities to curb the spate of violence and bloodshed that has fuelled refugee crises in Cross River State and Nigeria in general. (shrink)

This article addresses the exclusivism–inclusivism debate about religious reasons in law within a justificatory liberal framework. The question of whether religious reasons have justificatory capacity for attaining public justification has increasingly been seen as a matter of how public justification is understood between two rival models: the consensus model being aligned with exclusivism, the convergence model with inclusivism. More recently, however, that alignment has been challenged with attempts to show that consensus can reach an equivalent degree of inclusivism (...) as convergence. Against this, I contend that the purported equivalence is misplaced. First, I identify a crucial ambiguity about public justification and two corresponding domains. Upon demonstrating these to be mutually independent and severable, I conclude that the moves to equalize the models are confined within the more narrow domain while, in the more fundamental domain, the choice of model continues to prove determinative as to the exclusivist or inclusivist valence of justificatory liberalism. (shrink)

A rapidly growing body of scholarship embraces virtue jurisprudence, a series of (often ad hoc) attempts to incorporate the philosophical tradition of virtue ethics into legal theory. Broadly understood, virtue ethics describes an approach to moral questions that emphasizes the importance of developing and embodying various virtues, often as manifestations of human flourishing. Scholars typically contrast virtue ethics with deontological and consequentialist moral theories, tracing virtue-centered analysis to ancient Greek philosophers, and in particular to Aristotle. Virtue ethics has experienced a (...) revival over the past 65 years; but, long before that, it proved especially influential in Catholic moral thought, particularly through the work of Aquinas. Perhaps relatedly, scholars have seized on virtue jurisprudence to defend a range of politically conservative positions, such as originalist constitutional interpretation and the propriety of utilizing the law to regulate ostensibly “private” immoralities. This Article reveals the radically underappreciated progressive promise of virtue jurisprudence. Virtue jurisprudence requires no religious commitments whatsoever, but a strong version entails acceptance of the moral significance of developing one’s character—both within and without the law. On a compelling understanding of the virtues, rejecting a state of perpetual disadvantage under the law is a meaningful marker of the virtue of self-respect, and a repudiation of the vice of servility that would otherwise be imposed by the legal system itself. Thus, contrary to the predominant tenor of research on the subject, virtue jurisprudence can ground significant resistance to—and even defiance of—the law. In making this argument, the Article also draws novel connections between virtue jurisprudence and literature on (inter alia) race, feminism, and sexual orientation to reveal the unnoticed potential of virtue jurisprudence to push forward work in those and related areas. At a time when massive and widespread protests across the United States reflect a groundswell of support for overturning certain long-standing, legally-ingrained, systemic disadvantages of people of color, many might be surprised to learn that virtue jurisprudence can serve as a potent theoretical ally. (shrink)

In a very literarily complicated setting, Frater Taciturnus sets a remark about Hamlet not being a Christian tragedy. After unpeeling that literary setting and noting that Taciturnus' remark aims more at Jacob Börne than at Shakespeare, the paper shows how Frater Taciturnus' remark calls into question the religious project of a certain danish author. For, Taciturnus' primary concern is to show that religious drama is not possible, or at least "ought not be." This general law applies to Hamlet (...) as well, and if Shakespeare was attempting a religious drama he a) shouldn't have because such a thing is essentially undramatizable, and b) failed because he did not begin (which would be possible) by showing the hero's religious presuppositions. Frater Taciturnus himself has given considerable thought to the extent and the manner in which the religious can be represented; in fact the letter to the reader is his proof of how perfectly his own narrative, "Guilty/Not Guilty," was constructed with precisely these problems in mind. The play is not the thing that Taciturnus is really interested in, nor is he interested in the playwright's intentions, he considers that the play's the thing that catches out Börne's misunderstanding of the religious, and it is this field—in particular, that area where the religious life and literary art intersect, that is the brother's interest and forte. But if Taciturnus is correct in his criticism of Börne, it should be impossible for S. Kierkegaard to produce a religious authorship as well. (shrink)

The new Coronavirus, namely Sars-CoV-2, took the world by surprise and grew into a pandemic worldwide in a couple of months since the beginning of 2020. It managed to lockdown at home almost half of the world population under the threat of illness and sudden death. Due to the extreme medical advises of containing the spread and damages of this threat, mostly directed towards social distancing, public gatherings cancelation, and contact tracing, each State imposed such regulations to their people and (...) for all areas of social activity, including the religious ones. This articles analyses four topics: 1. Restrictions imposed by the State and reactions by religious organizations. The theological-ethical response focused on the fact that all religions what to save lives and defeat death. 2. The pandemic shows the sensitive relation between the State and religions and shows the differences in power relations in the different countries. The theological-ethical response calls for a partnership between the State and the religions in their territory. 3. The relation between science and religion is tested during the pandemic. Whereas the majority of believers adhere to scientific results, a good part refuses scientific knowledge. The theological-ethical response of the authors is that science and religion are complementary and not contradictory. 4. Pandemics as situations of high uncertainty are often accompanied by conspiracy theories that claim to know who is guilty for the disaster, who is the scapegoat, which has to be punished. The theological-ethical response gives theological reasons to say no to conspiracies and scapegoats and yes to take responsibility wherever we are in order to save lives. (shrink)

Many philosophers and jurists believe that individuals should sometimes be granted religiouslygrounded exemptions from laws or rules. To determine whether an exemption is merited in a particular case, the religious claim must be weighed against the countervailing values that favour the uniform application of the law or rule. This paper develops and applies a framework for assessing the weight of religious claims to exemption, across two dimensions. First, the importance of the burdened religious practice, which is determined (...) by its level of obligatoriness and centrality, according to the beliefs of the individual claimant. Second, the extent of the burden on the practice, which depends on the cost the individual bears if she both undertakes the religious practice and obeys the law or rule, where costs are assessed using an impartial account of individual interests. Exemptions should be granted when claims are weighty on either of these dimensions and the countervailing value is relatively weak. The final section of the paper responds to an important objection to this approach, which concerns administrability. (shrink)

Nigeria is constitutionally a secular state but underneath, religion plays a fundamental role in the socio-political governance of the people. The integration of religion and politics in Nigerian political history by her founding fathers is believed to be one major problem behind the current religious violence and political instability bedevilling the country today. The aim of this paper is to understand why the political history of Nigeria is shrouded in religious bigotry by providing the historical overview of the (...) background that has influenced the socio-religious and political activism in Nigeria. The paper also examined the passivism or activism of the two major religions: Christianity and Islam in seeking socio-political justice and control in the political activities of Nigeria and the aftermath of this power play in the affairs of governance. Lastly, the paper critiqued the effect of religious involvement in either promoting or reducing socio-religious and political crisis in contemporary Nigerian society. The paper adopted the historical and descriptive research methods and argues that the present religious violence and political instability, is predicated by the “divide and rule” and the pretentious “amalgamation” policy of the Colonial Administrators that favoured the North against the South. The seed planted by the Colonial Administrators before Independence is what has gradually grown into a monster that is threatening the peaceful co-existence of the Nigerian State. The paper concludes that to restore peaceful co-existence in a heterogeneous State like Nigeria, there is need for a realistic constitutional amendment that will truly reflect the heterogeneous secular nature of Nigeria and consider the wishes of the Federating units and by addressing the political, religious and other social-economic issues that are threatening the peaceful co-existence of Nigeria society and guarantee every religious group equality before the law. (shrink)

In the western context, law has two functions. It upholds normative expectations and it transforms social phenomena. The latter is expressed through the form-giving function of law as law designates particular social phenomena as, for example, economic, political or religious. Inside such overarching categories, further subcategories can moreover be observed. In relation to economic processes, the legal institutions of competition, contract, corporation and property are, for example, classical examples of the form-giving function of law. The dual function of law (...) is briefly illustrated through a genealogy of imaginaries of law distinguishing between four historically dominant types of law: ‘Law as purpose’; ‘law as a tool’; ‘law as an obstacle’; and ‘law as reflexivity-initiation’. On this background, ten core dimensions of what might become a new episteme of transformative law are fleshed out with the aim of answering the question to what extent it can act as an alternative to the previous four types of law. (shrink)

Conditions for recognition of religion or belief (RoRB) continued to deteriorate around the world from June 2021 to June 2022. Authoritarian regimes bent on controlling religious activity maintained a foothold in Africa, Asia and parts of Central and South America. The liberties enshrined in the European Convention on Human Rights are at serious threat by the Russian Federation's invasion of Ukraine. While in Afghanistan, the Taliban's reclamation of power after twenty years of being kept at bay likely signals a (...) new generation of Afghan boys and girls who will not see their fundamental human rights upheld by the very institutions that are supposed to protect them.​ -/- The Religious Recognition Project considers the topic of how countries register religious groups and activities is one of the foremost issues in the modern world when it comes to respecting and protecting freedom of religion or belief (FoRB). The majority of countries and territories (58% or 137 out of 235 studied) either continue to make government registration mandatory for religious groups or provide no registration procedures at all. -/- An even greater majority of countries have established onerous registration procedures, the consequences of which, whether by intention or not, include the disenfranchisement of belief communities, the deregistration or denial of registered status for minority or "untraditional" religious groups, and the state's maintenance of control over the religious and philosophical lives of citizens. In essence, issues of registration remain a harbinger of worse violations of FoRB to come so if a focus is placed on dismantling these misused recognition and registration systems, it is possible that we could see a brighter future for FoRB conditions in countries worst effected by this issue. (shrink)

In this paper we put forward a realist account of the problem of the accommodation of conflicting claims over sacred places. Our argument takes its cue from the empirical finding that modern, Western-style states necessarily mould religion into shapes that are compatible with state rule. So, at least in the context of modern states there is no pre-political morality of religious freedom that states ought to follow when adjudicating claims over sacred spaces. In which case most liberal normative theory (...) on religious accommodation turns out to be wrong headed. As an alternative, we suggest the question of contested sacred places should be settled with reference to the state’s purposes—at least as long as one is committed to the existence of modern states. If one finds the state’s treatment of religion unsatisfactory, then our argument provides a pro tanto reason for seeking alternative forms of political organisation. (shrink)

Can one expect religious minorities to be committed to a liberal democratic state? Can a democratic, Western, liberal state be open and safe for all – both ultra-orthodox and secular alike – and count on the allegiance of all? Does this require that religious minorities ‘hide’ their religious identity and conform to prevailing laws and customs and express their religious views and practices only in the privacy of their own homes? Or should minorities request that they (...) receive public recognition? Ought such minorities tolerate opposing views and practices on matters that are central to their faith, or should they request that these are not expressed in public? In this paper, I discuss and evaluate four possible responses to these questions. (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)

Vitoria’s 1537 lecture On the American Indians asserts moral equality and fundamental rights for all humans but is contradicted by the significant inequalities between Spanish conquistadores and indigenous peoples of Mexico and Peru. Despite recognizing these rights, Vitoria’s vision supports an unequal Euro-American relationship regarding territorial sovereignty, self-defense, self-determination, and religious freedom. His insights have implications for contemporary international law concerning indigenous rights. However, his theological framework limits this potential. To better address indigenous issues today, I advocate reframing Vitoria’s (...) perspective by replacing his natural law-based human-rights essentialism with a naturalistic approach that views human rights as social constructs. This shift can help develop international law to prevent violent interactions and promote equality between indigenous and non-indigenous peoples, reducing reliance on nation states to safeguard indigenous rights. Received: 03 August 2023 Accepted: 18 April 2024. (shrink)

The religious feeling considered in this paper is the feeling of awe that can be construed in the extrapolation of the feeling of respect for the law. The latter itself can be better understood in analogy to the feeling of the sublime. Hence the thesis of my interpretation and extrapolation is: a characterization of the religious feeling in Kant’s critiques of reason and their analyses of feelings is possible. It has to be understood in analogy to the feeling (...) of respect for the law and thus to the feeling of the sublime. The religious feeling would, as certain formulations suggest, refer to awe of the inconceivable size of God. The religious feeling of awe would also be a feeling caused by reason -- an instance of a judgement-based feeling. The respective judgement is a reflexive judgement, an achievement of the reflecting faculty of judgement. The religious feeling would resemble Schleiermacher’s ”plain feeling of dependence’, but given the analogy with the dialectics of the sublime, it would also include the complementary component of self-elevation. (shrink)

Upon abolition of the sultanate, proclamation of the Republic, and termination of the seemingly existing caliphate position, the 1921 Constitution was replaced with the 1924 Constitution, which would remain in full force until 1961. It is observed that as a result of all such consecutive developments, the no. 677 Law on Preclusion and Abolition of Lodges, Zawiyahs, Tomb Keepers and Some Titles, which had been presented to the assembly with a bill prepared by Refik Koraltan, a member of the parliament (...) from Konya province, along with his friends, accepted in November 30th, 1925 and published in the official gazette in December 13th, 1925, interrupted, in general, the religious Turkish music; and in particular, the music of Mevleviyeh and Bektashism cults -lodge/dervish music- during the production stages, which has been determined to be directly connected with the following problems to be dealt with, and which will constitute the focus of our study. Therefore, our "Music Policies in Turkish Single-party Era: Religious Music Example" titled study, as mentioned above, has been the subject of the research concentrated around especially the no. 677 Law came into force in December 13th, 1925, accepted with a bill, within the scope of transitions paving the way for the proclamation of the republic, and legitimacy of various revolutions implemented, and it is important that the effects of the political mobility experienced in our country between 1923 and 1950 during the single-party era on our society, and the extent of such effects on the music life, in particular Turkish religious music education, culture and art in our country can be observed and evaluated. (shrink)

Theorists of democratic multiculturalism have long-defended individuals’ religious exemptions from generally-applicable laws. Examples include Sikhs being exempt from motorcycle helmet laws, or Jews and Muslims being exempt from humane animal slaughter laws. This paper investigates religious exemptions for organisations. Should organisations ever be granted exemptions from generally-applicable laws in democratic societies, where those exemptions are justified by the organisation’s religion? The paper considers four arguments for this, which respectively rely on: the ‘transferring up’ to organisations of individuals’ claims (...) to autonomy or recognition; organisations’ own claims to autonomy or recognition; organisations’ status in the accountability-community; and organisations’ procedural constraints. The paper concludes that only the last argument works—and then, only with caveats. (shrink)

The following article was written to honour Johan Buitendag’s contribution to the discipline of eco-theology. Assuming an interdisciplinary stance, eco-theology in general and his work, in particular, is observed from the position of legal theory and sociology. As such, eco-theology is not assessed on theological grounds but is treated interdisciplinary through comparison with environmental law. More specifically, the project of eco-theology is shown to share certain characteristics with the nascent subdiscipline of Earth systems law within environmental law. It is argued (...) that one of the most important of these is the use of norms as an ecological strategy. This is understandable as both the religious and legal systems rely on the norm form to a lesser or greater extent. However, in the legal sociology of systems theory, the shortcomings of norms have been eloquently argued. This article thus posits the limits of norms to eco-theology and Earth systems law as a challenge deserving attention. However, social systems theory has its shortcomings, and a preliminary line of flight away from this challenge is suggested in the shape of Agamben’s description of the monastic form-of-life, where life and norm overlap so intensely that suggestions of a new worldview gain plausibility. (shrink)

The 2024 Global Religious Recognition Report is a compilation of the most recent available data on recognition and registration impacting conditions of religious freedom throughout the world. Each page of the 259-page report is dedicated to each sovereign state and dependent or disputed territory, including an overview of the constitutional structure, secularity and recognition and registration policies and practices. Detailed explanations of registration policy have been gathered from the Office of International Religious Freedom's International Religious Freedom (...) Report in addition to other credible sources. The RoRB classification for each country and territory has been updated in accordance with the criteria set out in the Spectrum of Religious Recognition (SRR) which was included towards the front of this year's report. This year's report includes an abridged version of Dr Monica Gyimah's article (the full article can be found in Journal of Astronist Studies Volume 1 Issue 1) that highlights recognition and registration issues specifically impacting indigenous religious communities. (shrink)

Apart from his critique of Kant, Maimon’s significance for the history of philosophy lies in his crucial role in the rediscovery of Spinoza by the German Idealists. Specifically, Maimon initiated a change from the common eighteenth-century view of Spinoza as the great ‘atheist’ to the view of Spinoza as an ‘acosmist’, i.e., a thinker who propounded a deep, though unorthodox, religious view denying the reality of the world and taking God to be the only real being. I have discussed (...) this aspect of Maimon’s philosophy in other places, and though the topic of the current paper has an interesting relation to certain doctrines of Spinoza, I will not develop this issue here. Neither of these two issues -- Maimon’s criticism of Kant or his original interpretation of Spinoza -- was considered by Maimon as his main contribution to philosophy. There is little doubt that if Maimon were asked to point out his single most important innovation he would have picked his doctrine of the Principle of Determinability [Satz der Bestimmbarkeit]. Regarding this doctrine Maimon writes: ... [T]he principle of determinability laid down in this work is a principle of all objectively real thought, and consequently of philosophy as a whole too. All the propositions of philosophy can be derived from, and be determined by it [woraus sich alle Sätze herleiten und wodurch sie sich bestimmen lassen]. … I have made available a supreme principle of all objectively real thought, viz., the principle of determinability... and have established as the ground of the whole of pure philosophy -- a principle which, if it is ever grasped, will, I hope, withstand every scrutiny. These claims may strike the reader as somewhat presumptuous, to say the least. But, if we pay attention to the last sentence of the passage, we can see that Maimon doubts whether his great finding will ever be understood. It is not unlikely that in this phrase (“wenn er nur einmal eingesehen werden wird”) Maimon was reacting to his own repeatedly unsuccessful attempts to explain the principle. The fate of Maimon’s principle has not been much better in the few works written on Maimon’s philosophy, and though almost all commentators agree that the principle of determinability is the linchpin of the positive philosophy Maimon was trying to develop, we do not yet have a clear explanation of this principle, or of the reason why Maimon assigns such importance to it. Recently, Oded Schechter developed an excellent reading of this principle, and in most aspects my view agrees with his (primarily, in its rejecting the attempt to explain the principle as a version of Leibniz’s predicate-in-subject [Praedicatum inest subjecto] containment thesis). My paper consists of two parts. The first is expository in nature. In this part, I spell out briefly the main aspects of Maimon’s principle of determinability and its aims. In the second part, I examine Maimon’s surprising claim that once we accept the principle of determinability, we have to deny the possibility of two subjects sharing the same predicate. Maimon provides several proofs for this highly counterintuitive claim, and I will try to clarify and evaluate these proofs. (shrink)

This essay investigates the tensions between traditional music and its modern codification as intellectual property. It will begin by considering the myths concerning the divine source of music. In traditional music and in folk music, music is closely connected to religious ritual. In these rituals the source of the music is recognized and attributed to certain deities. For instance, in Thai traditional music, the Wai Khru ceremony venerates the Duriyathep or devatas drawn from Indian mythology: Phra Visawakarm, Phra Panjasinghkorn, (...) and Phra Parakhonthap (Narot). Much of modern and contemporary music has long been disengaged from ritual and its traditional forms of transmission. Especially since the nineteenth century with the growth of popularity of music printing, it has been subject to copyright law. With these restrictions in transmission, the more fluid routes of transmission have become broken and the ritualistic and religious identifications have been transferred to the cult of performers, to legal codification, to the control of corporations, and the construction of new mythologies through marketing. This essay will use Walter Benjamin’s reflections on the loss of “aura” in the reproduced work of art to try to understand the consequences of this transition in the function of music. And it will consider the situation in Thailand where traditional music and mythology stands side by side with marketed music, and traditional performance stands side by side with commercial performance. It will demonstrate that these conflicts cannot be resolved. But it is precisely in the appreciation and preservation of these conflicts, that traditional culture can itself be recognized and preserved. (shrink)

Business ethicists should examine ethical issues that impinge on the perimeters of their specialized studies (Byrne 2011 ). This article addresses one peripheral issue that cries out for such consideration: the international resource privilege (IRP). After explaining briefly what the IRP involves I argue that it is unethical and should not be supported in international law. My argument is based on others’ findings as to the consequences of current IRP transactions and of their ethically indefensible historical precedents. In particular I (...) examine arguments from political philosophy for more equitable distribution of resources and appeals to property rights as a means of achieving this; business ethicists’ critiques of contemporary resource appropriations; and legal historians’ accounts of despoliation of aboriginal peoples, especially in what is now the United States, involving acquisition via conquest, asserted jurisdiction, and religious and racial preeminence. I also consider relevant human rights’ standards; supportive views of some theorists, especially early modern realists and current supporters of group rights and multidimensional rectification; some de facto incidences of substantive restitution; and proposals for effecting further rectification. (shrink)

This article addresses a few moments in the evolution of human security law in Iraq, focusing in particular on the Coalition Provisional Authority, the new Iraqi Constitution, Iraqi High Tribunal (successor to the Iraqi Special Tribunal), and the International Criminal Court. It synthesizes the results of some existing research on ongoing impunity for certain crimes against political candidates, journalists, anti-corruption activists, and ethnic and religious minorities, a situation which may have tainted Iraq’s transition to a more democratic republic, while (...) aggravating other conflicts, such as those in Syria. In theory, the institutions of human and national security can help reconcile peoples whose tenuous unity had been shattered in wartime. The sometimes competing priorities and policies of Iraqi politicians, civil society groups, and judges resulted in swift justice for Iraqi officials responsible for mass killings involving Shi’a Arab, Kurdish, and other victims, but a lack of justice for other segments of the population. The emphasis of some claims of injury over others may have "reenchanted" some sectors of Iraqi society with the state and its institutions, while alienating others and contributing to ruptures in the social fabric. The Coalition Provisional Authority, Iraqi leaders, and international community ensured that the high-profile proceedings against former regime officials would not be accompanied or followed by others that some Iraqis might perceive as being as pressing as those of the Iraqi High Tribunal, relating to the impact of sanctions and aerial bombardment, the legality of Iraq's occupation, torture, etc. (shrink)

Discursive liberal democracy might not be the best of all possible forms of government, yet in Europe it is largely accepted as such. The attractors of liberal democracy (majority rule, political equality, reasonable self-determination and an ideological framework built in a tentative manner) as well as an adequate dose of secularization (according to the doctrine of religious restraint) provide both secularist and educated religious people with the most convenient ideological framework. Unfortunately, many promoters of ideological secularization take too (...) strong a stance against the manifestation of religiosity in the public sphere. They claim that people may discuss, debate or adopt (coercive) laws and regularities only by means of secular public reasons and secular motivation. We argue that these secular restraints on the ideological framework are unfairly biased against religion, counterproductive and unreasonable. The exaggerated secular restrictions create a strict secular public sphere that appears to be a Pickwickian world suitable just for inoffensive, dull and lethargic people. Deliberately separated from the idea of truth, secular public reasons cannot sustain a complex adaptive system like discursive liberal democracy. Liberal democracy needs citizens with a strong sense of truth and with a sufficient will-power to follow both a personal ideal and a collective ideal. Religious beliefs provide people with just such a sense of truth and with the desire to have a certain kind of character. In the secularized public sphere of liberal democracy, people can manifest just educated religious beliefs that correspond to the real world and respect the principle of peaceable conduct. In the final part of the article we support the assertion that believers could and should educate their religious belief before expressing them in the public sphere. Educated religious beliefs have a wide enough propositional content, obey the moral imperative of William Clifford, are purged from all propositional components against which there is strong evidence and are consciously cultivated by the mechanism of suggestion. (shrink)

This paper sketches a framework for the separation of church and state and, with the framework in view, indicates why a government’s maintaining such separation poses challenges for balancing two major democratic ideals: preserving equality before the law and protecting liberty, including religious liberty. The challenge is particularly complex where healthcare is either provided or regulated by government. The contemporary problem in question here is the contraception coverage requirement in the Obama Administration’s healthcare mandate. Many institutions have mounted legal (...) challenges to the mandate on grounds of religious freedom. The paper proposes a number of interconnected principles toward a resolution of the problem: for the institutional realm, specific principles for church-state separation and a principle concerning the protection of citizens’sense of identity; and for the ethics of citizenship in the conduct individuals, principles that provide an adequate place for natural (thus secular) reason in lawmaking and political decisions. (shrink)

In 2009, a law was passed in the Danish parliament, according to which judges cannot wear religious symbols in courts of law. First, I trace the development of this legislation from resistance to Muslim religious practices on the nationalist right to ideas in mainstream Danish politics about secularism and state neutrality – a process I refer to as ‘liberalization’. Second, I consider the plausibility of such liberal justifications for restrictions on religious symbols in the public sphere and, (...) in particular, for the ban on the wearing of religious symbols by judges. I argue that such justifications are flawed and so are not plausible corollaries of anti-Islamic justifications originating on the nationalist right. (shrink)

The religious feeling represents the first step in the process of knowing God. In our study we have tried to analyze apologetically the human predisposition to the divine reality. Our main interest was to demonstrate the necessities of the religious human being in their process of self- discovery. In this regard, the feeling of religious belonging is very important. Therefore, the moral law is the starting point in the divine knowledge of the human consciousness. In the process (...) of revelation God gives the Old Testament to the Jewish people. Furthermore, when the Logos has come in the world the divine knowledge started to be more straightforward and the religious feeling acquired a Christological dimension. Finally, the religious feeling demonstrates a beautiful process of an ontological discovery in Christ of all human race. In conclusion, our study is an apologetic debate about how to reestablish the conceptual harmony between theology, philosophy, culture and science in the process of knowing God. (shrink)

A central question that arises when interpreting the U.S. Constitution is which theory of interpretation is the best? In his recent book, “How to Interpret the Constitution,” Cass Sunstein reviews various theories of constitutional interpretation currently in vogue and then offers what he believes would be the best approach going forward. In this Article, I want to take up a more basic question presupposed by the very idea of a theory of interpretation. That is, whether it is even possible to (...) arrive at more than a provisional understanding of what would be the best interpretation in any given area of study, including constitutional law. That said, I do believe some of the interpretations suggested by Cass Sunstein and elsewhere by myself and others to be more persuasive than most others, even if only partially so. For, as Sunstein himself points out, no theory seems perfect to figure out the Constitution’s meaning in every possible world in which we could imagine it to exist. So, we best just focus on our own world or what we take to matter in our world. In keeping with this idea, I plan to begin by looking first at how we might interpret the world around us based on our past experiences by considering a somewhat imaginative recent experience of my own. Next, I consider some recent studies in the neurosciences and a previous but highly influential article by the philosopher Donald Davidson concerning conceptual schemes and whether we could ever hope to make any sense of a scheme radically different from our own. Here it should be pointed out that I will use the word “scheme” when referring to a very broad system of thought for which there may not be much outside, versus when I use the word “framework,” as referencing something far narrower than a whole system of thought, even if what is referenced might purport to be a significant part of a still larger system. My goal is to eventually adopt John Rawls’ public reason method to separate out non-workable systems of thought as might be part of a particular religious or philosophical tradition that cannot be easily tied to any other system of thought easily imagined within a pluralistic society. I plan to do this by relating how Rawls’ public reason might allow for the creation of a moral interpretation of the Constitution adopting the moral theory of Alan Gewirth. The latter I adopt because its grounding does not presuppose any prior moral or religious framework. I then apply that interpretative method to five cases Sunstein believes are fixed points in our current constitutional understanding. In short, I plan to isolate out an area of human rights where even very different understandings of the world might be able to meet, while acknowledging that there will still be other areas that simply evade any common connection. I hope what I offer here to be of help for a theory of constitutional interpretation that focuses on morality, without having to compete with various religious frameworks going forward. (shrink)

Focusing on sin as a historical-cultural and socio-religious construction in a process that encompasses its mythical-religious aspects, the article points out that the concept that expresses its notion is rooted in the borders involving human failure to correspond to the paradigmatic framework and its system of taboos, laws and moral codes. Thus, converging on the etymological-literary and biblical-religious aspects of sin, the article emphasizes that, by ending the meaning of missing the mark, the translation of the aforementioned (...) term as “sin” corresponds to the textual transposition established by the Septuagintversion in a movement of abstraction from the notion of moral guilt. Based on Ricoeur's reading of the philosophical-theological aspects of sin, the article that points out that sin is not a term capable of exhausting the meaning of reality that it implies as a symbol of the rupture between essence and existence, converging to its characterization as a symbol of eviland “mythical grandeur” through a construction that marks sin as an intersection involving evil and the world and attributes its emergence tothe act and determines its identification as a product and simultaneously a cause. Thus, focusing on the biblical-theological aspects of sin in Tillich and on the construction of the concept as an alienation between “non-faith” and “non-love”, the articleemphasizes the irreducible character of the conception that, according to the Apostle Paul, encloses the condition of an almost personal powerthat controls this world, which implies the superposition of a state of affairs characterized by objectivity and the configuration of the event now designated as a rupture involving essence and existence in a movement that may represent the human separation from the “Being-in-itself” and expressing the element of personal responsibility imbricated in its existential dynamics. (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, I ask whether mishpat ivri (Jewish Law) is appropriately conceived as a “legal system”. I review Menachem Elon’s use of a “Sources” Theory of Law (based on Salmond) in his account of Mishpat Ivri; the status of religious law from the viewpoint of jurisprudence itself (Bentham, Austin and Kelsen); then the use of sources (and the approach to “dogmatic error”) by halakhic authorities in discussing the problems of the agunah (“chained wife”), which I suggest points to (...) a theory more radical than the “sources” theory of law, one more akin to the ultimate phase of the thought of Kelsen (the “non-logical” Kelsen) or indeed to some form of Legal Realism (with which that phase of Kelsen’s thought has indeed been compared)? I finally juxtapose an account based on internal theological resources (a “Jurisprudence of Revelation”). Downloadable at at http://www.biu.ac.il/JS/JSIJ/jsij1.html. (shrink)

Of all the spheres where hate speech thrives, religion and politics seem to be more pronounced. Speeches made to cast aspersions on political affiliations and ideologies as well as on religious faiths, heavily affect the political beliefs, participation and reactions of the people concerned to the happenings within the sociopolitical arena. Comments made on religion, like those on politics, have a high propensity to either make or mar the entire political well-being or otherwise of the country. How religious (...) groups react deliberately or spontaneously to speeches against their faiths, and how such reactions affect the political stability of a country like Nigeria, is what this paper seeks to explore. In this paper that uses the library research method to make an incursion into the subject of hate speech and political stability, works of other scholars in the area are examined and the researcher‟s position is situated within the raging discourse on the subject matter. Extant laws governing the exercise of religious and speech freedom are explored. The paper contends that certain communication practices in parts of the world have undermined people‟s right to religious freedom. It, therefore, recommends respect for religious rights and freedom as a way to avert possible political instability occasioned by intolerable verbal attacks on religious practices. (shrink)

This article explores the concept of 'adaptive symbiosis' between religion and culture, challenging the notion of religions as static or immutable entities by showcasing their dynamic engagement with and adaptation to local cultural contexts. The notion of ‘adaptive symbiosis’ transcends mere coexistence or amalgamation, embodying a deep, complex process of mutual adaptation. Within this evolutionary dance, both religion and culture emerge not merely as participants but as co-creators of a new reality. Through the examination of various religious traditions—such as (...) Christianity, Islam, Buddhism, and others—it illustrates how religions evolve in symbiotic relationships with host cultures, leading to the creation of hybrid cultural-religious identities. Highlighting the mechanisms of biological adaptation—mutualism, amensalism, commensalism, and parasitism—as metaphors, the article delves into the complex interplay between religious teachings and cultural integration. It argues against viewing religions as immutable, instead presenting them as evolving entities that contribute to the richness and diversity of human civilization, especially in the context of globalization. This dynamic, evolving space of adaptive negotiations underlines the importance of understanding the fluid nature of cultural and religious boundaries in contributing to novel forms of expression and identity. Through this exploration, we aim to shed light on the enduring and evolving relationship between religion and culture, highlighting how this dynamic interplay contributes to the richness and diversity of human civilization. (shrink)

This paper attempts to illuminate and interpret the contradictory portrait of God as both seen and unseen in the Torah. Thus Moses is commanded not to look on the face of God yet also praised for having spoken to God “face to face". We seek ways to reconcile the contradictory portraits of God through the use of the term “doubled-mindedness” in the theology of Jerome Gellman, in the logic of “thirdness” in C.S. Peirce’s semiotics, and in the use of both (...) particle and wave models in Einstein’s physics of light. The paper concludes by disusing the practical consequences of theological double-mindedness for the religious life and the philosophical meaning of redemption as the time when the contradiction of the unseen and seen God is resolved. (shrink)

Vitoria and Suárez defend the categorical immunity of the innocent not to be intentionally killed. But they allow for inflicting collective punishment on the innocent and the noninnocent alike during and after a just war. So they allow for deliberately harming them. Inflicting harm on the innocent can often result in their death. Hence, holding both claims seems incoherent. First, the objections against using the term “innocent” are explained. Second, their views on just war are explored. And third, by appealing (...) to Aquinas' double-effect reasoning, it is shown how they try to avoid the above-mentioned incoherence. Still, their appeal might be insufficient to palliate the tension between the above-mentioned claims. If just wars are possible, the deliberate harming of the innocent is reasonably unavoidable for defeating and punishing those who wage them. Hence, defenders of just wars, whether from a religious or a secular perspective, must live with such a tension. (shrink)

Religion is an organized collection of beliefs, cultural systems and world view that relate humanity to spirituality and sometimes also with moral values. It may be said that it is a belief in and reverence for a supernatural power or powers regarded as creator and governor of the universe. Many religions have narratives, symbols and sacred history and traditions that are intended to give a meaning of life or to explain the origin of the life and the universe. They tend (...) to drive morality, ethics, faith and religious laws and or preferred a lifestyle from their ideas about the cosmos and human nature. But in the present world religious faiths are treated like a brand. The process of branding involved in creating a unique name and image for a product in the consumers' mind, mainly through advertising campaigns with a consistent theme. Branding aims to establish a significant and differentiated presence in the market that attracts and retains loyal customers. In a society overrun by commercial clutter, religion has become yet another product sold in the consumer marketplace, and faiths of all kinds must compete with a myriad of more entertaining and more convenient leisure activities. (shrink)

In industrial societies where civil law and state institutions have become well established secular vehicles for governing the populace, it is widely assumed that the state no longer has an interest in fortifying the religious sector as a complementary source of social control. Thus, a distinction is drawn between the Islamic state that is ruled by religious law and the secular state of Western industrial societies in which religion is deemed to have lost its influence in the public (...) sphere. This dissertation argues that civil law is not religiously neutral and thus challenges a central premise of secularization theory. Introducing a new theoretical model that classifies civil law on the basis of its purpose-to protect religious liberty, engage or fortify the religious sector, or to advance universal norms-the author examines the impact of the three different types of legislation upon religious freedom and the individual autonomy of religious minorities in Sweden, an aggressively secularized industrial society. The author concludes that, viewed from the standpoint of a religious nonconformist, there is no discernible difference between living in a society that is overtly ruled by religious law (e.g., an Islamic state) and living in a "secular” society that is ruled by civil law either embedded with religious norms or designed to facilitate state appropriation of the religious sector as a complementary means of social control. In either environment, the author argues, the religious nonconformist will be forced to conform to the religious norms of the predominant religious group. (shrink)

Even within religion, the creativity of imagination offers an invaluable defense against the tendencies towards dogma and absolutism. It also provides spaces living and experiencing life in diverse ways. This paper discusses the different facets of creative imagination in religious art and literature forms by comparing Isaac Bashevis Singer’s In My Father’s Court with Wayang shadow theater in Indonesia. I will show that they possess similar features demonstrating a reflection on religious law, creativity and everyday life. In Singer’s (...) work, the synagogue is a theater, and Singer’s father functions in the same way the puppet master, or Dalang. operates in Wayang theater. This allows for the negotiations between religious law and the living community. (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)