David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Liberals often claim that coercive laws can not be justified on religious grounds. Accordingly, they urge citizens to 'bracket' religious arguments in the public square; they often endorse judicial review, as a mechanism for ensuring compliance with these strictures of public reason. Critics complain that this call to bracket religion is arbitrary and unfair, as all viewpoints - religious and secular alike - rest fundamentally upon articles of faith. I offer a reply. I begin by challenging this view that religious and secular viewpoints are on a par, drawing upon jurisprudence under the Canadian Charter of Rights and Freedoms. In Charter jurisprudence, religious beliefs and practices are singled out for especially generous protection (relative to secular beliefs and practices). The justification for this generosity, I argue, is that religious beliefs are taken (by the courts) to be inscrutable. This inscrutability justifies the accommodation of religious beliefs and practices, but it also justifies the bracketing of religion from deliberations over laws and policies of general application, in the way that political liberalism prescribes. I then consider whether my account offends the equality rights of religious believers, or the Charter's commitment to multiculturalism.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Martin Kavka (2012). WHAT IS IMMANENT IN JUDAISM? Transcending A Secular Age. [REVIEW] Journal of Religious Ethics 40 (1):123-137.
Céline Louche, Daniel Arenas & Katinka C. Cranenburgh (2012). From Preaching to Investing: Attitudes of Religious Organisations Towards Responsible Investment. [REVIEW] Journal of Business Ethics 110 (3):301-320.
Max L. Stackhouse (1998). The Intellectual Crisis of a Good Idea. Journal of Religious Ethics 26 (2):263 - 268.
Gerald Gaus & Kevin Vallier (2009). The Roles of Religious Conviction in a Publicly Justified Polity: The Implications of Convergence, Asymmetry and Political Institutions. Philosophy and Social Criticism 35 (1-2):51-76.
Gemma Cornelissen (2012). Belief-Based Exemptions: Are Religious Beliefs Special? Ratio Juris 25 (1):85-109.
Corey Brettschneider (2010). A Transformative Theory of Religious Freedom. Political Theory 38 (2):187-213.
Donald A. Crosby (2011). Faith and Reason: Their Roles in Religious and Secular Life. State University of New York Press.
John P. Reeder Jr (1997). What is a Religious Ethic? Journal of Religious Ethics 25 (3):157 - 181.
Thomas Schmidt (1999). Religious Pluralism and Democratic Society: Political Liberalism and the Reasonableness of Religious Beliefs. Philosophy and Social Criticism 25 (4):43-56.
Added to index2009-01-28
Total downloads7 ( #217,056 of 1,692,585 )
Recent downloads (6 months)1 ( #181,202 of 1,692,585 )
How can I increase my downloads?