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)

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

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

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

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

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)

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

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

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

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

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

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

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

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

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

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)

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)

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)

The Global Religious Recognition Report (GRR Report) returns for its second edition, this year including more detail on each country and territory's registration policies and on their practices of states extending privileges to some religions and beliefs and not others. Recognition and registration issues continue to impact conditions of freedom of religion or belief throughout the world and it is the purpose of the GRR Report to highlight the extent of these issues nation by nation as part of (...) the report's country-specific approach to the subject. 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. With more detail provided this year on registration policy in each nation, this report has revealed the complexity of registration issues and the drastic impacts they have on religious freedom. (shrink)

Many philosophers of theistic religions claim (1) that there are powerful a posteriori arguments for God’s existence that make it rational to believe that He exists and at the same time maintain (2) that God always has the freedom to do otherwise. In this article, I argue that these two positions are inconsistent because the empirical evidence on which the a posteriori arguments for God’s existence rest can be explained better by positing the existence of a God-like being without (...) the freedom to do otherwise. (shrink)

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

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

This volume brings together diverse sets of standpoints on liberalism in an era of growing skepticism and distrust regarding liberal institutions. The essays in the volume: - Relate concerns for liberal institutions with classical themes in perfectionist politics, such as the priority of the common good in decision-making or the role of comprehensive doctrines. - Analyse how perfectionist intuitions about the political life affect our concepts of public reason or public justification. - Outline various moral duties we have toward other (...) persons that underlie the liberal institutions or notions of rights functioning across the contemporary political landscape. - Explore various aspects of pluralism from within influential religious or philosophical traditions, applying insights from those traditions to issues in contemporary politics. The comprehensive volume will be of great interest to scholars, students, and researchers of politics, especially those in political philosophy and political theory. (shrink)

No-one can read far into our subject without finding an author linking aesthetic experience and freedom in one sense or another: Kant, notably of course, but also Schopenhauer, Schiller, and many more. In this article I want first [A] to remind you in a sentence or two of those by now classic ways of connecting concepts of freedom and aesthetic experience, and then [B] to outline some thoughts of my own. Section [C] opens up in more detail a (...) less frequented and less well-charted topic: basically, the many- layered nature of much aesthetic experience, and how that can involve freedom in an ‘improvisatory’ contribution by the apprec iator. Each layer can be thought of as containing a ‘given’—the product of earlier syntheses, plus a new component, in its turn, to be synthesized, whether historical, scientific, religious, or other. This probably occurs most of all in the aesthetic appreciation of nature, since art offers some controlling, ‘mastering’ of the appreciator’s response. (shrink)

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

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)

Latin American religious political thought includes colonial Spanish and Portuguese ideologies that preceded independence but have survived into the post-independence era, authoritarian ideologies supportive of military governments in the twentieth century, and progressive liberation theologies. In this article, I present a distinct tradition: a version of classical liberal thought. This tradition is skeptical of big government, opposed to caste systems, supportive of a high degree of federalism, uneasy with militarism, and supportive of democratic institutions while affirming religious social (...) norms. This ideology was developed in northeastern Brazil in the early nineteenth century by a Carmelite activist named Frei Caneca (Brother Mug), who published a newspaper titled the Typhis Pernambucano (Tiphys of the State of Pernambuco). (shrink)

This Dictionary of Freedom of Religion or Belief is published by the Astronist Institution through its imprint press Astral Publishing and will stand as the third entry in the Institutional Reference Works series. This Dictionary of Freedom of Religion or Belief provides a vast selection of terms covering all areas of religious liberty advocacy, the history of freedom of religion, human rights violations effecting religious freedom, current affairs and the mechanisms that the United Nations (...) and other key organisations have put in place to ensure religious and belief freedoms are protected for every human being around the world. Compiled by Cometan, this dictionary follows on from the Concise Dictionary of Astronism (First Edition; 2020) and The Institutional Dictionary of Astronism (First Edition; 2021). (shrink)

India has a long, rich, and diverse tradition of philosophical thoughts, spanning some two and a half millennia and encompassing several major religious traditions. India’s democracy can be said to rest on the foundation of religious practice due to the practice of multi-religions and different sects in its continent. Religious practices ties among citizens that generate positive and democratic political outcomes if we see it from the ideals of any religious doctrine as per their written scripture. (...) But in society religious practices (not religious doctrine) do not show equality and usually go against their own religious doctrine as preached in their religious places. It is also evident that religious denomination (Catholic, Hindu, Muslim, Sikh etc.) comes as a barrier when we practice democratic ideals in society and make social situation worst. How these religious practices contribute for a society where we can discuss the ideals of freedom, equality and brotherhood for a Just Society and become mean of interreligious dialogue in multi-religious society? this is a big question to think . The objective of this paper is to study the dimensions of religious practices in Indian society and how these practices can contribute in interreligious dialogue to make atmosphere of peace, understanding and harmony in the society. (shrink)

For the philosopher of Rotterdam, religious coercion has two essential sources of illegitimacy: the linking of religious and ecclesiastical belief and the use of politics for religious purposes. Bayle responds to it, with his doctrine of freedom of conscience, on one hand and by means of the essential distinction between voluntary religious affiliation and political obligation, on the other hand. From my perspective, his doctrine of tolerance does not involve an atheist state, nor does it (...) mean the rejection of the presence of religion in the public space or its displacement to the intimate sphere of the conscience. This paper proposes a reading of Baylean tolerance as a political doctrine that allows the articulation between freedom of conscience, minority confessions, and official religion. Thus, the Baylean theoretical model could be considered a proposal to provide a normative form to the practice of toleration present in the seventeenth -century Netherlands. (shrink)

Sennett (1999) and Pawl & Timpe (2009; 2013) attempt to show how we can praise heavenly agents for things they inevitably do in heaven by appealing to the notion of derivative freedom. Matheson (2017) has criticized this use of derivative freedom. In this essay I show why Matheson's argument is inconclusive but also how the basic point may be strengthened to undermine the use Sennett and Pawl & Timpe make of derivative freedom. I then show why Matheson (...) is mistaken to claim that the value of free choice depends on an agent retaining the ability to change their mind; in so doing I demonstrate that some choices which result in fixed outcomes - a feature of the choices leading to impeccability - can indeed be valuable even if they cannot be undone. (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)

Kant’s critical philosophy represents a rudimentary existentialism, or a proto-existentialism, in the following respects: He emphasizes human finitude, limits our knowledge, and argues that human consciousness is characterized by mineness (Jemeinigkeit). He introduces the influential concept of autonomy, something that lead to controversies about constructivism and anti-realism in meta-ethics and anticipated problems concerning decisionism in Existentialism. Kant makes human freedom the central philosophical issue, arguing (in the incorporation thesis) that freedom is inescapable for human agents. He even holds (...) that awareness of freedom leads to anxiety (as opposed to fear), and that anxiety precedes the fall into evil. In the doctrine of radical evil, he argues that human agents are always already suffering from self-deception because of this fall. In order to overcome self-deception and evil, Kant proscribes a radical self-choice in which the agent takes over himself and society by thinking independently and consistently. However, this is not only a moral issue for Kant but also something that concerns religious faith and hope, since Kant argues that we need religion to overcome not only moral evil but also despair. Although he criticizes traditional natural theology, Kant develops a practical (moral) interpretation of religion that anticipates religious Existentialism. In this context, he developed an influential critique of philosophical theodicies and a notion of the hiddenness of God that emphasizes the importance and inscrutability of evil. By doing this, and by introducing philosophy of religion and philosophical anthropology as new disciplines, Kant prepared the ground for Existentialism. (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)

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)

This article makes a case for the capacity of "social practice" accounts of agency and freedom to criticize, resist, and transform systemic forms of power and domination from within the context of religious and political practices and institutions. I first examine criticisms that Michel Foucault's analysis of systemic power results in normative aimlessness, and then I contrast that account with the description of agency and innovative practice that pragmatist philosopher Robert Brandom identifies as "expressive freedom." I argue (...) that Brandom can provide a normative trajectory for Foucault's diagnoses of power and domination, helping to resolve its apparent lack of ethical direction. I demonstrate that Foucault, in turn, presents Brandom with insights that might overcome the charges of abstraction and conservatism that his pragmatic inferentialism frequently encounters. The result is a vindication of social practice as an analytical lens for social criticism that is at once both immanent and radical. (shrink)

The two important factors in science development are the social economy (gross domestic product, GDP) and freedom. In order to follow the development of science for both old Arabic-Islamic and Western civilizations, a statistical method is used to trace the variation of scientists' population with time. The analysis shows that: 1- There is a growth in Arabic-Islamic sciences for a period of three centuries (AD 700-1000). Then it is followed by period of declination. The decay time is about of (...) eight centuries. Major factor behind that decay in science activities and the block of the science thoughts may be attributed to religious thoughts domination, and cultural or thoughtful problems, in addition to the normal social problems like wars, disasters..etc. 2- The growth in western civilization started approximately in AD 1200 and remains in its growing. It looks that the wars, political problems have no serious effect in western sciences growth. The growth behaviour has a natural growth form. That may prove that, the secular society is quite perfect for such activities. For present time Arab-Islam societies have no distinguished contributions. The most important factor for that catastrophic retardation is the absence of the freedom of thought and believes. The obtaned curve has similarities with world GDP curve. (shrink)

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)

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)

This paper considers a particular instance in which a liberal state –Germany -makes a claim for the limitation of tolerance of religious expression on the grounds of harm. I examine this claim with reference to three basic positions: Firstly,I examine Denise Meyerson’s argument that the domain of religion constitutes an area of intractable dispute and that the state is not entitled to limit liberty in this domain because it cannot justify limitations in a neutrally acceptable way. I argue that (...) Ludin is entitled to wear the Kopftuch on grounds of her right to religious freedom and that the attempt to deny her this entitlement constitutes a breach of individual rights. Meyerson’s arguments rest on the acceptability of Rawls’s idea of public reason. I therefore, secondly, examine Jeremy Waldron’s objections to the use of the deliberative discipline of public reason in cultural disputes as well as his objections to the use of the politics of identity which, he claims, distort our ability to engage in reasoned public debate. I argue that bracketing identity claims eliminates what is peculiar about Ludin’s case.This I bring out, thirdly, by drawing on the views of Melissa Williams, who advances the idea of sensitivity to others’ reasons as reasons, which defines a position midway between Meyerson and Waldron. It is apparent that Ludin’s dilemma is twofold: her status as ‘metic’-as member of a minority at the margins of mainstream German culture, and her status as ‘Muslimin’-as one believed to be suffering sexual discrimination in her own culture, form a double-bind of oppression. They are connected in a way that challenges the integration policies of the German state. (shrink)

This article explores the later Schleiermacher’s metaphysics of substance and what it entails concerning the question of transcendental freedom. I show that in espousing a metaphysics of substance, Schleiermacher also abandoned an understanding of nature as a mere mechanism, a view implying what I call a “state-state view of causation” (“SSV” for short). Adoption of the view of the self as substance was motivated by the primacy of practical and religious concerns in Schleiermacher’s later work: in Christian Faith, (...) an analysis of self-consciousness from a first person point of view grounds this understanding of the self. In fact, in Christian Faith, ontology, and thereby theology, is only possible through such a first person analysis. The development of Schleiermacher’s views over time, and the reasons accompanying this development, can be fully understood only the in the context of his engagement with the work of Spinoza, Leibniz, and Kant. In what follows I trace this development through an analysis of the philosophical problems and influences shaping Schleiermacher’s mature view, and shed light on his understanding of self-consciousness and its relation to God. My own account should also serve to correct some recent misunderstandings that have made their way into the secondary literature. (shrink)

Furthering Western style academic freedom has been challenging, as Arab countries, especially Libya, have known only autocratic regimes throughout their modern existence. Amidst its current political and social upheaval, Libyan society is drifting towards the unknown. The problem addressed in this study is the impact of political change on the state of academia but, more specifically, academic freedom. Since the intervention in Libya by NATO states, many academics have lost their jobs. Some have become refugees outside of Libya (...) as a direct result of the appropriation of most of the governmental posts in the country by religious and political radicals. The research questions reflect ways in which the new inserted de facto leaders of post-transitional Libya have impacted life on Libyan campuses and academic freedom. (shrink)

An enduring source of skepticism towards Kant’s practical philosophy is his deep conviction that morality must be understood in terms of universality. Whether we look to Kant’s fundamental moral principle (the Categorical Imperative) or to his fundamental principle of right (the Universal Principle of Right), universality lies at the core of the analyses. A central worry of his critics is that by making universality the bedrock of morality in these ways, Kant fails to appreciate the importance of difference in individual (...) lives, societies, and legal-political institutions when these are realized well. Below I argue that Kant’s philosophy neither advocates moralized hyper-reflective, alienating ways of being nor seeks to justify Kant’s own and others’ prejudices in the name of morality’s universality. To see this, we need to understand both Kant’s account of human nature – of the predisposition to good and the propensity to evil – and how Kant’s theory of freedom sets the moral framework within which important non-moralizable concerns of human nature are accommodated. We can then appreciate the ways in which Kant sees both unreflective and reflective normative elements as working together as an integrated whole in emotionally healthy, morally good human beings, historical cultures, and legal-political institutional systems. (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)

There are at present two ways in which to evaluate religiously-based claims to accommodation in the legal context. The first, objective approach holds that these claims should be grounded in « facts of the matter » about the religions in question. The second, subjective approach, is grounded in an appreciation by the courts of the sincerity of the claimant. The first approach has the advantage of accounting for the difference between two constitutional principles : freedom of conscience on the (...) one hand, and freedom of religion on the other. It has the disadvantage of transforming courts into expert bodies on religious matters. The subjective approach has a harder time accounting for the distinction. It also risks giving rise to a proliferation of claims. A plausible synthesis between the two approaches requires that we uncover the normative grounds justifying the granting by liberal democracies of religious accommodation. An analogous argument to that put forward by Kymlicka in the case of minority nations identifies the interest that citizens have in being able to exercise their « cultural agency » : the creative reappropriation and reinterpretation of the rituals, practices and norms of religious traditions.Il existe à l’heure actuelle dans le contexte juridique deux principales approches à l’évaluation de la légitimité des demandes d’accommodement pour des motifs religieux. La première, objective, affirme que ces demandes doivent pouvoir s’appuyer dans des faits concernant la religion en question. La seconde, subjective, s’appuie sur l’appréciation de la sincérité de la demande faite par le requérant. La première approche a l’avantage de rendre compte de la distinction entre les deux principes constitutionnels que sont, d’une part, la liberté de conscience, et de l’autre, la liberté de religion. Elle a l’inconvénient de tendre à ériger les tribunaux en « experts » sur des questions religieuses. L’approche subjective rend plus difficilement compte de la distinction entre les deux principes, et de plus risque de donner lieu à une prolifération de demandes. Pour atteindre une synthèse plausible de ces deux approches, il nous faut identifier les fondements normatifs justifiant l’intérêt que les démocraties libérales ont à reconnaître une telle catégorie d’accommodements. En prenant appui dans le célèbre argument de Kymlicka justifiant les droits de nations minoritaires, nous pouvons identifier un intérêt que ces types d’État ont à protéger les conditions permettant aux citoyens de manifester leur « agentivité culturelle », leur capacité à s’identifier en se les réappropriant et en les réinterprétant les normes, pratiques et rites issues de traditions religieuses. (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)