This essay on law and religion appears in the second edition of the Blackwell Companion to Philosophy of Law and Legal Theory, edited by Dennis Patterson. It is a revision of a similar entry in the book’s first edition. The essay opens by broadly discussing the complex relationships between law and religion writ large as movements in human history – social, cultural, intellectual, and institutional phenomena with distinct but often overlapping logics and concerns. It then hones in on the efforts (...) of secular law to make sense of religion and determine its place in the civil state. The essay argues that, while the questions raised by the American Bill of Rights’ religion clauses connect in some important respects to broader constitutional principles such as free expression and equality, the most interesting and theoretically excruciating conundrums involving religion need to be approached on their own unique terms. Two useful rubrics for such understanding are “separation” and “deference.” Any honest account must also admit, however, that there is an “intractable residue,” questions in the relation of religion and law to which there simply is no determinate or completely satisfactory answer. Finally, the essay emphasizes that the full texture of the legal imagination’s effort to grapple with religion only becomes apparent in the wider range of subconstitutional and nonconstitutional contexts beyond the standard litany of constitutional discourse. (shrink)

We all can identify many contemporary philosophy professors we know to be theists of some type or other. We also know that often enough their nontheistic beliefs are as epistemically upstanding as the non-theistic beliefs of philosophy professors who aren’t theists. In fact, the epistemic-andnon-theistic lives of philosophers who are theists are just as epistemically upstanding as the epistemic-and-non-theistic lives of philosophers who aren’t theists. Given these and other, similar, facts, there is good reason to think that the pro-theistic beliefs (...) of theistic philosophers are frequently epistemically upstanding. Given their impeccable epistemic credentials on non-theistic matters, the amount of careful thought that lies behind their theism, the large size of the community of philosophical theists, as well as other, similar facts, it would be surprising if all or even most of their pro-theistic beliefs were epistemically blameworthy in some or other signicant sense tied to charges such as ‘He should know better than to believe that’ (so mere false belief need not be blameworthy in this sense; the use of ‘blameworthy’ will be claried below). Of course some of the pro-theistic beliefs of some theistic philosophers are epistemically blameworthy; the mere large numbers of fallible theistic philosophers almost guarantees it. My point here is that it would be unexpected if most of the pro-theistic beliefs of theistic philosophers were epistemically blameworthy. (shrink)

In this paper I defend the possibility that a ‘contented religious exclusivist’, will be fully rational and not neglectful of any of her epistemic duties when faced with the world’s religious diversity. I present an epistemic strategy for reflecting on one's beliefs and then present two features of religious belief that make contented exclusivism a rational possibility. I then argue against the positions of John Hick, David Basinger, and Steven Wykstra on contented exclusivism, and criticize an overly optimistic conception of (...) rationality. Finally, I describe a contented exclusivist who might very well not be fully rational in the face of religious diversity. (shrink)

I argue that Meeker is mistaken in two crucial respects. First, contrary to both myself and Plantinga, he treats exclusivism as a theory about the relation between the religions, and then claims that it is superior to the pluralist theory. But he does not say what his exclusivist theory is. Second, he bases his claim of a fundamental self-contradiction in my pluralist position on a view which I disavow, namely that altruism is the core of religion. He omits the central (...) idea of a profound reorientation in response to the Real, of which altruism is a manifestation. (Published Online April 7 2006). (shrink)

Oxford Studies in Philosophy of Religion is a new annual volume offering a regular snapshot of state-of-the-art work in this longstanding area of philosophy ...