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)

Supporters of neutrality as benign neglect argue that a neutral state should not grant any type of recognition to cultural or religious groups. Liberal multiculturalists argue instead that due to the non-neutral nature of public institutions, democratic states must adopt policies that recognize and accommodate the distinctive needs of ethnocultural groups. This article examines a different way of conceiving the principle of neutrality. In this conception, developed by Alan Patten in the framework of liberal multiculturalism, a state can only (...) be neutral when it extends equivalent levels of assistance/hindrance to rival conceptions of the good. Neutrality is thus reinterpreted to become a principle justifying the religious exemptions. The article highlights some aspects of this theory that should be reconsidered.// -/- Les défenseurs de la neutralité bienveillante soutiennent qu’un État neutre ne doit accorder aucun type de reconnaissance aux groupes culturels ou religieux. Les multiculturalistes libéraux avancent pour leur part que, en raison de la nature non neutre des institutions publiques, les États démocratiques doivent adopter des politiques vi-sant la reconnaissance et l’accommodement des besoins distinctifs des groupes ethnoculturels. Cet article examine une manière diffé-rente de concevoir le principe de neutralité. Dans cette conception, développée par Alan Patten dans le cadre du multiculturalisme libé-ral, un État ne peut être neutre que s’il assiste ou entrave de manière équivalente les différentes conceptions du bien. La neutralité est ainsi réinterprétée pour devenir un principe permettant de justifier les exemptions religieuses. L’article souligne certains aspects de cette théorie qui méritent d’être repensés. (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)

In recent years, the practice of tax exemption for churches has become a source of open scrutiny, argument, and controversy on the part of both government and religious leaders. The study attempted to assess the main principles that government base on to impose taxes on its citizenry and to assess the tax exemption status of the churches in Ghana. Exploratory, descriptive and cross-section surveys were used to investigate and discover from respondent’s information on the topic to provide a report (...) on the background, facts, settings and concerns about the principles of taxation and the tax exemption status of churches. The study considered 120 people as its targeted sample of which 114 responded by the use of questionnaires. Also, descriptive analysis such as frequency and percentages were used to analyse the data. From the information gathered on the research, it was revealed that most Ghanaians representing 65.8% prefer the government to allocate taxes based on the benefits that taxpayers receive for paying taxes rather than the ability to pay or any other principle for the allocation of taxes. In addition, 57% of Ghanaians would like the religious organizations to enjoy their tax-exempt status despite allegation by critics that they are amassing wealth for themselves and not contributing to the development of Ghana. Some of the reasons given were that: churches are not profit-making businesses; churches contribute to the development of the nation; churches care for the people more than the government. Some of them concluded that failure to grant the church tax exemption may give room for the churches to engage in business activities. For those with the opposing view, some gave reasons such as: churches have become some sort of commerce; the churches have more money in this world; the payment of taxes by churches may as well boost the revenue of the government. Despite the various arguments, there was an agreement that the Ghana Revenue Authority should check the sales of rosaries, anointing oil, holy water, charge of consultation fees, as these should attract taxation. The paper recommends that Tax-Exempt Division should develop policies and administer tax exempt organizations (including religious organizations) laws. The division should be responsible for exempt organizations tax education and training to enable them understand their tax law obligations. This will improve tax compliance by the exempt organizations. (shrink)

Religion is often singled out for special legal treatment in Western societies - which raises an important question: what, if anything, is special about religious conscience beliefs that warrants such special legal treatment? In this paper, I will offer an answer to this specialness question by investigating the relationship between religious conscientious objections and their insulation from relevant evidence. I will begin my analysis by looking at Brian Leiter’s arguments that religious beliefs are insulated from evidence and (...) not worthy of special legal treatment as a result. I will argue that he fails to show that religious conscience beliefs are both in principle responsive to empirical evidence and in practice typically more insulated from this evidence than secular conscience beliefs. If I am right about this, then Leiter fails to answer the “central puzzle” of his recent book and fails to sufficiently distinguish the religious conscience from the secular conscience. Second, I will look at whether or not it is plausible to understand the religious conscience as insulated from other forms of evidence. Following the research of social-psychologist Jonathan Haidt, I will argue that, typically, both forms of conscience seem to be similarly insulated from moral argumentation. I will also show that, while it seems as though the religious conscience usually draws from a larger set of moral values when compared to the secular conscience, this should make no legal difference overall. To conclude, I will explain that the arguments in this paper can be understood as evidence in support of an egalitarian response to religion’s specialness. (shrink)

In Chapter 5 of Liberalism’s Religion, Cécile Laborde considers the freedom and autonomy of religious associations within liberal democratic societies. This paper evaluates her central arguments in that chapter. First, I argue that Laborde makes things too easy for herself in dismissing controversies over the state’s legitimate jurisdictional authority. Second, I argue that Laborde’s view of when associations’ ‘coherence interests’ justify exemptions is too narrow. Third, I consider how we might develop an account of judicial deference to associations’ (...) ‘competence interests’. (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)

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)

Mohammad Arkoun (1928-2010) Muslim intellectual, offered "Islamic Criticism" projects, "Applied Islamology" and finally the "Critical Rational Future" project "Negar" with the aim of reviewing and transforming the understanding of the religious text and offering solutions to overcome the decline of Islamic civilization. His main scheme is the critique of Islamic reason, but the methodology is Applied Islamology. Arkoun projects are one of the first projects in the Islamic-Arab world, which have read the religious text based on new Western (...) approaches. Research Methods and Questions: This study uses a descriptive-analytical approach to examine the impact and application of Western approaches in religious texts reading in the thought of Mohammad Arkoun. The questions considered in this research are: What are the most important practical approaches of Arkoun in religious texts reading? What is Arkoun 's aim using different Western approaches to read religious texts? What are Arkoun 's approaches in the Applied Islamology project? The aims of this research is to study the Western approaches considered by Arkoun in the field of religious texts reading and to examine the impact and application of Western approaches in the Applied Islamology project of Arkoun. Findings: Arkoun projects in particular Applied Islamology include a set of approaches such as structuralism, genealogy, poststructuralism, hermeneutics, etc. His ultimate aim in applying various Western approaches is to provide an active and capable methodology for critical of religious texts reading, definite break from dogmatic and Orientalist perspectives and also to replace these studies with studies based on positivist methods and traditional philology. Among all practical approaches of Arkoun in the field of reading religious texts, there are three approaches that have many manifestations in his thoughts and projects: First, the linguistic-semiotic approach to the study of the foundational age, second, Foucault's paleontological approach to read contemporary Islamic-Arab modern thought and third, Historical-Sociological Analysis for the study of Islam as a social phenomenon and the Events of the history of Islam after the Prophet (PBUH). (shrink)

In 1948 a legendary debate occurred at the Oxford Socratic Club between C. S. Lewis and Elizabeth Anscombe. In this meeting, Lewis shows that atheistic naturalism is refute in meaning the strict materialism. Anscombe makes three basic criticisms against Lewis' argument:1. Lack of distinction between irrational and non-rrational causes of belief,2. The threat of skepticism,3. Lack of distinction between types of “full” explanations. Lewis and Anscombe's views can be considered in several ways: 1. Despite Anscombe's correct critique, the lack of (...) distinction between irrational and non-rational causes does not solve the problem of naturalism which is an inference belief of other beliefs. 2. Anscombe considers that “if naturalism is correct, there is no valid human argument”, is a skeptical threat to knowledge, while this objection does not problem on Lewis' argument. 3. Contrary to Anscombe's claim, the ommisive approach to other explanations is not a consequence of Lewis's Argument, but the main idea of naturalism itself. 4. Lewis's incorrect analysis of mental states is accidental because he considers the origin of these states to be non-physical. 5. Lewis did not explain well what he meant by “did not explain well what he meant by "the impossibility of evolutionary processes in creating creatures with perception and understanding of creatures without understanding”. By an analytical, comparative and critical insightcan eliminate, correct and reconstruct the weaknesses of Anscombe and Lewis' views. (shrink)

The relation between science and religion has been one of the most important disturbance of scientists in recent centuries. Expressing thus issue was started in west countries since renaissance seriously and it expanded to all countries even Islamic countries. Mesbah as a philosopher and an Islamic scientist chooses completion idea which is based on his basis; e.g. philosophical foundations with reasonable relativity, paradigm acceptance which means thought basis, experience acceptance which means revelation and inspiration by innocent, monopoly on legitimacy acceptance (...) with salvations pluralism and behavioral pluralism, general rules of conversation acceptance agreement and required backgrounds and transcendent wisdom. Also, Ian Barbour as a philosopher and a western physicist chooses compilation idea which is based on his basis; e.g. science and religion methodology parallelisms, critical realism, paradigm acceptance which means mindset, religious experience, religious pluralism, philosophic hermeneutic and scanning philosophy. Mesbah leads to separate levels of knowledge in case of its value recognizing and to accept that knowledge is multilevel and is necessary to face systematically in phenomena analysis, but Barbour works on relativity. (shrink)

In the naturalism and evolutionism context, the ultimate objective and function of cognitive faculties is adaptation, survival and reproduction. Our cognitive faculties are not developed to generate true beliefs, therefore, but to have adapt behavior. Alvin Planatinga is not at ease with naturalism idea. To him, the problem with naturalism is the non-existence of proper understanding on the manner by which the belief and behavior are interrelated, thus, he concludes that the reliability of cognitive faculties are founded on low naturalistic (...) evolutionism; because any alleged argument against these faculties, first, requires reliable perceptual faculties and next, if we realize lack of reliability in these faculties we developed self-defeating belief, consequently, in both the cases naturalism face criticism. Plantiga’s criticism on naturalism view as to reliability of cognitive faculties has made some philosophers encounter problems like: 1) high probability of interrelating casual belief and behavior, 2) argument based on personal incredulity, 3) lack of distinction between reflective and non-reflective knowledge, 4) finding independent evidence for reliability as to escape self-defeating, 5) the external status of mental states and 6) the problem of circle. To the authors here, except the problem of circle, Plantiga has been able to find proper answer for the rest of five problems. The objective here is to analyze, complete, expand and criticize Plantiga’s notion in rejecting the atheistic naturalism through the ability to secure cognitive faculties to unveil consistency of the new scientific findings with religious beliefs. (shrink)

Seeking for Happiness in Islamic Philosophy and its goal, it can be seen a literal and unanimous answer in philosopher words which reflects combination of worldly(secular) and otherworldly(sacred) happiness that it can prepare temporal and eschatological happiness. But in a deeper investigation we can ask: what is the main purpose? mortal or final dimension of happiness? As a result of the text, it seems that from Al- Kendi to Al- Rāzī the otherworldly happiness is considered as a result of worldly (...) happiness. After Al- Farabi to Al- Tusi the flow of thinking tends to combine worldly and otherworldly happiness. After Al- Tusi and under the influence of him in Nasirian Ethics (Akhlaq-i Nasiri), the changed version of philosophical Islamic Ethics supports eschatological happiness and supposes the worldly happiness as a primary and elementary level which must be considered as healing of mortal life. Matching with this view, it seems that worldly happiness is Abolished, because it changes the balance between and worldly and otherworldly happiness, and also it week the social development instead of increasing individual happiness. (shrink)

One of the challenges faced by philosophers throughout history of philosophical thoughts, has always been and is to find an adequate answer to the question of quiddity and existence of time and space. Thus, the present study aims to elaborate on the question of space and time in Mulla Sadra’s philosophy and its relationship with outcomes of modern physics. The study also intends to conduct an analytical comparison between these two views and clarify newer aspects of this complicated and vague (...) question. According to principles of his thought system in his ontology and particularly his theory of substantial motion, Mulla Sadra’s view toward time has a closer concordance with findings of modern physicists like Albert Einstein. One of the most noticeable achievements of the present paper, considering ontological view of Mulla Sadra toward time, is to reach a comprehensive and vast view of the question of space and time covering space-time approach of theory of relativity and having the common issue of time in mind, develops an image of unity and connectivity of the world of nature with the four dimensions. The present study uses a documentary analysis research and uses library resources. The prominent works of Mulla Sadra and Einstein’ works on the Theory of Relativity were the main sources for this study. It is hoped that this view not only reveals further philosophical aspects of the issue of time but also help uncover newer approaches for physicists. (shrink)

The most central issue in Imam Khomeini's mysticism is the velayat. The quality of this relationship is one of the important issues of mystical analysis of scholars and its re-reading and explanation can be examined in the context of an important research issue. The present article, with the aim of examining and explaining this relationship and alignment, has tried to examine the texts and knowledge in this field by descriptive-analytical method. Findings of the research indicate that among the mystics who (...) have discussed the velayat, Imam Khomeini (RA) has been very successful in explaining the relationship between mystical velayat with the belief in monotheism, prophethood and Imamate. In fact, Imam Khomeini's mystical worldview provides a mystical explanation of faith in seemingly theological categories that is worth pondering. (shrink)

In developing a theory of truth, as the main condition of knowledge, four issues are usually examined: definition or analysis of truth, truth bearer, truth-maker, and relation (in correspondence and coherence theories). A proper theory of truth is the one that affords the explanation of the truth of all types of propositions, and, at the same time, resists the liar paradox. The aim of this inquiry is to analyze Nasīr al-Dīn al-Tūsī’s theory of truth one who is involved both in (...) the liar paradox and in the explanation of the truth of the verity propositions and propositions that are made of intelligibles that have no instance in external world. This inquiry shows, with an analytical approach mostly systematic analysis, that he regards, against the difficulty of the lair paradox, propositions that are other than what they are about as the bearers of truth. Further, it shows that he, against the other difficulty, has two attitudes: first, he desists from the correspondence theory of truth and defines it as “ascription of an ideational thing to what, with its characteristic, is proper for it”; second, he considers the agent intellect to be the truth-maker. Although he regards the correspondence relation as an intentional relation, he does not discuss it much. One explanation could be that the issue of the correspondence relation does not play a serious part in the aforementioned difficulties. (shrink)

The internalism/externalism controversy has various expanding features in contemporary epistemology. In this article we try to show capabilities of philosophy of Sadra for interfering in this debate. The main goal is to rely on principles of Sadra and defend a kind of internalism that consider cognitive access to factors needed for a belief to be epistemically justified as a pivotal condition. It will be proved that for defense of any knowledge, we should accept immediate and direct knowledge to states of (...) mind and this knowledge is superior from threefold propositional knowledge and merely with reliance on division knowledge to present knowledge and propositional knowledge internalism is defensible. Indeed, some ambiguities in internalism/ externalism controversy is due to inattention properties of present knowledge and its separation from propositional knowledge. After that as respects to those properties and also reliance on division knowledge to simple and compound we answer three main difficulties internalism face and display solution for internalist´s contra examples. (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)

Divine Attributes and their reflection in the flowing of history and its stages is one of the most important issues in the theoretical philosophy of history that has attracted the attention of philosophers of history. This issue has become doubly important because it relates to human free will and the extent and manner of his role in history. This article has tried to examine the three attributes: "Lordship", "Knowledge" and "Will" along with a description of the concept of "Fate and (...) Destiny" (Ghadza' and Ghadar) based on the words of Amir al-Mu'menin Ali (AS), especially in Nahj al-Balaghah, and besides explaining the concept of their sovereignty over the history, proves its incompatibility with determinism. The findings of this study indicate that in the view of Amir al-Mo'menin Ali (AS), if these attributes do not rule over the history, history will decline, and since according to the teachings of Islamic revelation, the free will of man, itself is one of the elements of historical events, believing in the dominance of these attributes does not limit the scope of human free will and formative authority. (shrink)

Being robustly committed to state neutrality which does not permit the promotion of liberal-perfectionist ideals and denying that there is anything normatively relevant or ‘special’ about religion leaves liberal-egalitarians embroiled in a paradox. If religion is not special, how and why do liberal states afford it differential treatment (in comparison with non-religious analogues like secular doctrines or deeply-held beliefs of individual conscience)? This paper explores liberal-egalitarian strategies for resolving this paradox with predominant reference to the disaggregation strategy advanced by (...) Cécile Laborde. After discussing the novelty and advantages of disaggregation relative to other liberal-egalitarian strategies, the paper distinguishes between the coverage and the basis in justification of differential treatment to argue that disaggregation does not ultimately succeed in solving the latter. Despite this, reflecting on the clarifications achieved through disaggregation and the deeper issues of justification and justice emerging therefrom, the paper concludes by proposing the need to consider a lateral solution to the paradox and speculating on what this might look like. (shrink)

Mystical religious experiences typically purport to engage with the transcendent and often claim to involve encounters with spiritual entities or a detachment from the material world. Daoism diverges from this paradigm. This paper examines Daoist mystical experiences of bodily transformations and explores their epistemological implications. Specifically, we defend the justificatory power of Daoist somatic experiences against the disanalogy objection. The disanalogy objection posits that mystical experiences, in contrast to sense perceptions, are not socially verifiable and thereby lack prima facie (...) epistemic value. We argue that some Daoist mystical bodily states, being essentially spatiotemporal, are exempt from this challenge. This leads to a broader understanding of mysticism and offers a partial resolution to the disanalogy objection. (shrink)

Mystical religious experiences typically purport to engage with the transcendent and often claim to involve encounters with spiritual entities or a detachment from the material world. Daoism diverges from this paradigm. This paper examines Daoist mystical experiences of bodily transformations and explores their epistemological implications. Specifically, we defend the justificatory power of Daoist somatic experiences against the disanalogy objection. The disanalogy objection posits that mystical experiences, in contrast to sense perceptions, are not socially verifiable and thereby lack prima facie (...) epistemic value. We argue that some Daoist mystical bodily states, being essentially spatiotemporal, are exempt from this challenge. This leads to a broader understanding of mysticism and offers a partial resolution to the disanalogy objection. (shrink)

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)

In this essay, I present three arguments for the claim that theists should reject divine command theory in favor of divine attitude theory. First, DCT implies that some cognitively normal human persons are exempt from the dictates of morality. Second, it is incumbent upon us to cultivate the skill of moral judgment, a skill that fits nicely with the claims of DAT but which is superfluous if DCT is true. Third, an attractive and widely shared conception of Jewish/Christian religious (...) devotion leads us naturally to an attitude-based conception of morality rather than a command-based one. (shrink)

The double subjectivity of conscience and the need to test conscientious objections -/- Abstract In spite of the collapse of the traditional objective concept of conscience and the subsequent subjectivation of conscience, conscientious objections are still often considered as a valid ground for exemption from legal and professional obligations. Conscientious objections are seen as more serious than ordinary moral objections. It is not evident why this is so. I argue, with Niklas Luhmann, that the function of conscience is to protect (...) the moral core of a person’s identity. Overruling conscientious objections threatens this core. Claims of conscience are usually founded on the right of freedom of conscience. This right is not absolute. I discuss the view of Richard Arneson who rejects the right of freedom of conscience and defends the right against conscience. I agree with Arneson that, at the one hand, conscientious objectors may constitute a threat to the social and legal order when their objections are not recognised and, at the other hand, too easy giving in to conscientious objections may also threaten the viability of social and legal order. That is why it is needed to determine when conscientious objections cannot be taken at face value, but should be subjected to a series of tests. The aim of these tests is to contain the number of objectors. I discuss 6 criteria for determining whether conscientious objections ground an exemption to legal and professional obligations. At the end of the article I discuss the conscientious objections of medical doctors. (shrink)

Being robustly committed to state neutrality which does not permit the promotion of liberal-perfectionist ideals and denying that there is anything normatively relevant or ‘special’ about religion leaves liberal-egalitarians embroiled in a paradox. If religion is not special, how and why do liberal states afford it differential treatment (in comparison with non-religious analogues like secular doctrines or deeply-held beliefs of individual conscience)? This paper explores liberal-egalitarian strategies for resolving this paradox with predominant reference to the disaggregation strategy advanced by (...) Cécile Laborde. After discussing the novelty and advantages of disaggregation relative to other liberal-egalitarian strategies, the paper distinguishes between the coverage and the basis in justification of differential treatment to argue that disaggregation does not ultimately succeed in solving the latter. Despite this, reflecting on the clarifications achieved through disaggregation and the deeper issues of justification and justice emerging therefrom, the paper concludes by proposing the need to consider a lateral solution to the paradox and speculating on what this might look like. (shrink)

Many people with religious beliefs, pro or con, are aware that those beliefs are denied by a great number of others who are as reasonable, intelligent, fair-minded, and relatively unbiased as they are. Such a realization often leads people to wonder, “How do I know I’m right and they’re wrong? How do I know that the basis for my belief is right and theirs is misleading?” In spite of that realization, most people stick with their admittedly controversial religious (...) belief. This entry examines the epistemology of such belief retention, addressing issues of disagreement, agnosticism, skepticism, and the rationality of reflective religious belief. (shrink)

Some bioethicists argue that conscientious objectors in health care should have to justify themselves, just as objectors in the military do. They should have to provide reasons that explain why they should be exempt from offering the services that they find offensive. There are two versions of this view in the literature, each giving different standards of justification. We show these views are each either too permissive (i.e. would result in problematic exemptions based on conscience) or too restrictive (i.e. (...) would produce problematic denials of exemption). We then develop a middle ground position that we believe better combines respect for the conscience of healthcare professionals with concern for the duties that they owe to patients. Our claim, in short, is that insofar as objectors should have to justify themselves, they should have to do it according to the standard that we defend rather than according to the standards that others have developed. (shrink)

In current legal and political atmospheres, when governments are embracing notions such as pollution prevention and the three ”R’s” – reduce, reuse and recycle, while discarding command and control types of regulatory enforcement, some may be surprised to learn that since 1971 Pennsylvania law has permitted the exemption of corporate assets from capital stock valuation for the purpose of paying capital stock taxes, if the assets are devoted to pollution control or abatement. Straightforward though the idea of tax exemption for (...) pollution control assets may seem, the execution of the statutory exemption, together with the regulation which was promulgated thereunder, yields a wide variety of hermeneutic fruit under the scrutiny of the judiciary and the advocacy of lawyers. (shrink)

Pamela Hieronymi has authored a very insightful book that focuses on one of the most influential articles in 20th century philosophy: P. F. Strawson’s ‘Freedom and Resentment’ (1962). Hieronymi’s principal objective in Freedom, Resentment, and the Metaphysics of Morals is to reconstruct and evaluate the central argumentative strategy in Strawson’s essay. The author’s aim is ‘to show that it can withstand the objections that are both the most obvious and the most serious, leaving it a worthy contender’ (3). In the (...) present commentary, I summarize the main results of Hieronymi’s analysis. I engage with the book’s main themes, noting in due course certain unclarities and some shortcomings, while emphasizing the many valuable insights it offers. (shrink)

In a recent commentary, Kim and colleagues argued that minimal-risk research should be deregulated so that such studies do not require review by an institutional review board. They claim that regulation of minimal-risk studies provides no adequate counterbalancing good and instead leads to a costly human subjects oversight system. We argue that the counterbalancing good of regulating minimal-risk studies is that oversight exists to ensure that respect for persons and justice requirements are satisfied when they otherwise might not be.

Religious disagreement describes the fact that religious and secular beliefs exhibit massive variety, and cannot all be perfectly accurate. It yields a problem and an opportunity. The problem is that, especially given the apparent epistemic parity of many who hold other beliefs, you cannot suppose that your beliefs are accurate. This arguably puts pressure on you to weaken or abandon your beliefs. Responses include denying the parity of those who disa- gree, or denying that religious disagreement speaks (...) strongly against your beliefs. I criticize these, defending an alternative epistemology to those employed by both the problem and the responses. My epistemological view finds a middle-ground between them, and positions us to benefit from the opportunity that religious disagreement offers to improve our beliefs. I ad- dress the objections that the opportunity mentality is unnecessary if God supports our beliefs, that it risks our (true) beliefs, and that it is disloyal to God. (shrink)

Building on the theory of humor advanced by Yves Cusset in his recent book Rire: Tractatus philo-comicus, I argue that we can understand the phenomenon in terms of what Jean-Luc Nancy, following Roland Barthes, has called the exemption from sense. I attempt to show how the humorous sensibility, understood in this way, is entirely incompatible with the experience of others as contemptible. I conclude by developing some of the normative implications of this, focusing specifically on the question whether it is (...) ever morally permissible to treat others with contempt. (shrink)

In this essay I try to motivate and formulate the main epistemological questions to ask about the phenomenon of religious disagreement. I will not spend much time going over proposed answers to those questions. I address the relevance of the recent literature on the epistemology of disagreement. I start with some fiction and then, hopefully, proceed with something that has at least a passing acquaintance with truth.

This chapter aims to lay out a map of the diverse epistemological perspectives within the Islamic theological tradition, in the conceptual framework of contemporary analytic philosophy of religion. In order achieve that goal, it aims to consider epistemological views in light of their historic context, while at the same time seeking to “translate” those broadly medieval perspectives into contemporary philosophical language. In doing so, the chapter offers a succinct overview of the main epistemic trends within the Islamic theological tradition concerning (...) religious epistemology. The chapter is divided into two main sections designated for discussions of differing accounts found in distinct trends of the tradition, namely the Rationalist and Traditionalist trends. The discussion concerning the Rationalist trend focuses on the philosophical-theologians of the dominant Mu’tazilite, Ash’arite, and Maturidite schools. The section on Islamic Traditionalism focuses on the Atharite scripturalism of Ibn Qudāma, and in particular the thought of Ibn Taymiyya. In order to map out these historic positions in light of contemporary religious epistemology, reference is made to a threefold typology of current views in the literature: (1) theistic evidentialism, (2) reformed epistemology, and (3) fideism. As such, the remainder of the chapter will attempt to outline the different approaches toward religious epistemology in the Islamic theological tradition with this threefold typology in mind. (shrink)

In their simplest form, consensus gentium arguments for theism argue that theism is true on the basis that everyone believes that theism is true. While such arguments may have been popular in history, they have all but fallen from grace in the philosophy of religion. In this short paper, we reconsider the neglected topic of consensus gentium arguments, paying particular attention to the value of such arguments when deployed in the defence of theistic belief. We argue that while consensus gentium (...) arguments are unlikely to offer anything close to overwhelming support for theism, their probative value is nevertheless underappreciated, and that they have been unfairly maligned as a consequence. (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)

In a recent paper published in this journal, Giubilini, Douglas and Savulescu argue that we have given insufficient weight to the moral importance of fairness in our account of the best policies for non-medical exemptions to childhood immunization requirements. They advocate for a type of policy they call Contribution, according to which parents must contribute to important public health goods before their children can receive NMEs to immunization requirements. In this response, we argue that Giubilini, Douglas and Savulescu give (...) insufficient weight to the moral importance parental liberty in ways that count against their preferred type of NMEs policy and threaten public support for mandatory vaccination laws and public health initiatives generally. (shrink)

Resolving religious disagreements is difficult, for beliefs about religion tend to come with strong biases against other views and the people who hold them. Evidence can help, but there is no agreed-upon policy for weighting it, and moreover bias affects the content of our evidence itself. Another complicating factor is that some biases are reliable and others unreliable. What we need is an evidence-weighting policy geared toward negotiating the effects of bias. I consider three evidence-weighting policies in the philosophy (...) of religion and advocate one of them as the best for promoting the resolution of religious disagreements. (shrink)

While the intersection between race and religion has been an important site for research for the sociology of religion and religious studies (in its descriptive dimensions) as well s theology (in its religiously normative dimensions), neither of these disciplines has incorporated recent work in the analytic philosophy of race. Analytic philosophy of race, for its part, has largely neglected the race/religion intersection, while analytic theologians by and large ignore the theological significance of race altogether. In this paper I am (...) to draw together these distinct disciplinary contributions—social-historical, philosophical and normative-theological—into a single integrated framework for a research program in analytic theology. I call that framework “religious racial formation theory,” and I claim that the work of specifying a determinate religious racial formation theory is not merely a (normatively driven) sociological and historical task but a necessarily philosophical one. I then detail what sorts of metaphysical determinations are required in order to yield an adequate explanation of the intersection uncovered by the socio-historical data summarized in the first section. (shrink)

Some examples suggest that religious credences respond to evidence. Other examples suggest they are wildly unresponsive. So the examples taken together suggest there is a puzzle about whether descriptive religious attitudes respond to evidence or not. I argue for a solution to this puzzle according to which religious credences are characteristically not responsive to evidence; that is, they do not tend to be extinguished by contrary evidence. And when they appear to be responsive, it is because the (...) agents with those credences are playing what I call The Evidence Game, which in fundamental ways resembles the games of make-believe described by Walton's theory of make-believe. (shrink)

In this paper, I will argue that the main contrast between religious fictionalism and other recently developed fictionalist positions in other non-religious fields of enquiry is the sort of personal and affective relationship said to be felt by the religious person between them and God, the feeling of being in a loving and personal communion with God. I will argue that a realist, non-Meingonian artifactual fictionalist understanding of God, along the lines that philosophers such as Schiffer and (...) Thomasson have already defended on non-religious grounds regarding fictional characters, seems to be the most direct way of preserving the possibility of the religious person standing in an actual relation to God while also maintaining a fictionalist understanding of religious faith. Last, I will argue that conceiving of God in these realist artifactual terms, and despite allowing the possibility of the religious person standing in an actual relation to God, fails to preserve a genuine personal relationship between the concrete religious person and God. (shrink)

Religious epistemology is the study of how subjects' religious beliefs can have, or fail to have, some form of positive epistemic status and whether they even need such status appropriate to their kind. The current debate is focused most centrally upon the kind of basis upon which a religious believer can be rationally justified in holding certain beliefs about God and whether it is necessary to be so justified to believe as a religious believer ought. Engaging (...) these issues are primarily three groups of people who call themselves ‘fideists’, ‘Reformed epistemologists’, and ‘evidentialists’. Each group has a position, but the positions are not mutually exclusive in every case, and in the debate, the names better describe the groups' emphases than mutually exclusive positions in the debate. In this article, we will first give a brief historical survey of evidentialism, fideism, and reformed epistemology. Second, we will give the fideist's position. Third, we will give the evidentialist's position. Fourth, we will give the reformed epistemologist's position, and last, we will include some comments on the current state of the debate, where we will show that the groups' positions are not mutually exclusive. (shrink)

I argue that psychology and epistemology should posit distinct cognitive attitudes of religious credence and factual belief, which have different etiologies and different cognitive and behavioral effects. I support this claim by presenting a range of empirical evidence that religious cognitive attitudes tend to lack properties characteristic of factual belief, just as attitudes like hypothesis, fictional imagining, and assumption for the sake of argument generally lack such properties. Furthermore, religious credences have distinctive properties of their own. To (...) summarize: factual beliefs are practical setting independent, cognitively govern other attitudes, and are evidentially vulnerable. By way of contrast, religious credences have perceived normative orientation, are susceptible to free elaboration, and are vulnerable to special authority. This theory provides a framework for future research in the epistemology and psychology of religious credence. (shrink)

This article argues that religious emotions are variations of general emotions that we already know from our everyday life, which nevertheless exhibit specific features that enable us to think of them as forming a coherent subclass. The article claims that there is an experience of joy, sorrow, regret, fear, and so on that is specifically religious. The aim is to develop an account that specifies what makes them “religious.” The argument is developed in three stages. The first (...) section develops a phenomenologically inspired account of the emotions by focusing on three of their moments: phenomenal quality, cognitive dependency, and intentionality. Drawing on this theory, section 2 distinguishes the class of religious emotions from similar phenomena. The third and final section examines the main features of religious emotions. (shrink)

One of the most important features of contemporary Western societies is the rise of pluralism. Whereas theism used to serve as a common ground to discuss the truth-claims of religion, this approach seems to have lost much of its plausibility. What I want to argue in this article is that philosophy of religion as a critical intellectual activity still cannot do without the notion of religious truth, but also that it needs to redefine this truth in an existential way, (...) i.e. by interpreting religions as concrete ways of life. In this paper I develop this idea of religious truth by interpreting religions as traditions of wisdom, being a kind of truth that is able to orientate humans’ lives without being swayed by the issues of the day. In order to substantiate my interpretation I discuss three fundamental aspects of wisdom, viz. the fact that it rests on a broadened idea of reason, the way in which it discovers the universal in the particular, and the insight that all life-orientations are based on a principle that is subjectively adequate, but objectively inadequate. (shrink)

Religious fictionalism is the theory that it is morally and intellectually legitimate to affirm religious sentences and to engage in public and private religious practices, without believing the content of religious claims. This article discusses the main features of fictionalism, contrasts hermeneutic, and revolutionary kinds of fictionalism and explores possible historical and recent examples of religious fictionalism. Such examples are found in recent theories of faith, pragmatic approaches to religion, and mystical traditions in religious (...) theology. (shrink)

The principal finding of the doctoral research of Cometan (a.k.a. Brandon Reece Taylorian) was that the ways governments, both authoritarian and democratic, use their powers to recognise religions and beliefs and register religious or belief organisations is negatively impacting conditions of freedom of religion or belief. Cometan explored the range of recognition and registration issues plaguing religious freedom and other human rights and discovered that there lacks a definitive set of international standards to address some of the granular (...) topics that are causing registration procedures in particular to become onerous and thus impedimental to the free and legal exercise of religion or belief. Cometan's International Religious Rights and Standards (IRRS) document presents a series of standards for how nation states ought to develop their recognition and registration policies and practices to remain FoRB-compliant. The standards of the IRRS document have been created based on the results of Cometan's PhD research, the thesis for which is titled Religious Freedom and State Recognition of Belief. Cometan's intention is that the IRRS document will encourage international organisations like the OSCE and the United Nations as well as national and international human rights courts such as the ECtHR to establish more detailed and country-specific guidelines to address the breath of registration issues and the recognition issues that often worsen such issues. (shrink)