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

While Japanese society in some respects appears to be very coherent, its history has frequently been one of internal tension and strife. Factionalism is strong even today, and takes both political and religious forms. When the indigenous Shinto religion was harnessed for political and ideological purposes in the 19th century, during a time of rapid national development, life was made very difficult for other religions such as Buddhism. The post-war Constitution of 1946 provided for the equality of all (...) religions under the law and the separation of religion, in particular Shinto, from the state. Since then, however, there have been a series of politically controversial questions, one of the most important being that of the legal status of Yasukuni Shrine, a Shinto institution, at which the war dead are commemorated. Various Buddhist and Christian groups have strongly opposed a movement to reconvert this shrine into a national institution. Since Yasukuni Shrine is at the centre of such sharp controversy, on which Chinese and Korean leaders have also recently commented, it will be introduced in some detail. At the same time Shinto in general, while ethnically oriented, has other important aspects, and some of its contemporary leaders seek international dialogue on subjects such as bio-ethics and environmental issues. (shrink)

One of the most important discourses in contemporary religious studies is the definition of the essence and role of religious education and the problem of its coexistence with the secular. On this occasion in the circle of researchers there are diverse, sometimes opposite, points of view. The following headings of the reception of expediency of the implementation of religious education are as follows: 1) the emphasis on the current legislation on the separation of (...) class='Hi'>church from the state, in particular the laws of Ukraine "On Freedom of Conscience and Religious Organizations" and "On Education"; 2) comparison of foreign experience in implementation of the implementation of religious education in the practice of social life, comparative analysis of the positions of supporters and opponents of religious education; 3) outline the problems of religious and spiritual education in the context of the formation of state-church relations, the complexity of incorporation of the religious component into the system of secular education, their demarcation; 4) the relevance of the distinction and delineation of religious and religious studies, the specificity of their functional orientation. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 62.1 (2001) 161-181 [Access article in PDF] Translating Liberty in Nineteenth-Century Japan Douglas Howland A concept of liberty was but one element of the Japanese engagement with western political theory after the Perry intrusion of 1853, when United States warships led by Commodore Matthew Perry forced Japan to negotiate a commercial treaty with the U.S. This scandal, which ultimately led to the Meiji (...) Restoration of 1867, immediately reorganized scholarly priorities among those intellectuals interested in western knowledge and technology. Western learning under the "feudal" Tokugawa regime (1603-1867) was organized as "Dutch studies" because the Dutch were the sole European trading partner of Japan from 1641 to 1854. Dutch studies paid particular attention to European mathematics, astronomy, geography, natural history, and the Dutch language. The Perry intrusion, however, prompted the rise of "western learning": language study quickly expanded to include English, French, and German; and the content of learning emphasized European law and political philosophy. But the concepts that defined this content of western thought did not translate well; they did not fit naturally with existing Japanese concepts. Hence the translation of western political theory necessitated the invention of new terminology with which to engage the new political language. Accordingly, Japanese efforts to translate western political theory must be understood as both problems of language, the creation and circulation of new concepts, as well as problems of action, and the usage of new concepts in debates about the programs and policies to be implemented in a "westernizing" Japan. 1 [End Page 161]The scholars who figure in this essay--Kato Hiroyuki, Tsuda Mamichi, Nishi Amane, Kanda Takahira, Fukuzawa Yukichi, and Nakamura Keiu--were all key figures in the intellectual passage from Tokugawa to Meiji, from Dutch studies to western learning. They began their careers in the Tokugawa institute for Dutch studies; most traveled to Holland, England, or the United States during the 1860s; and after the Meiji Restoration they became intellectual and educational leaders under the new administration. 2 In addition to founding private academies or filling prominent government posts, they created the first literary society, the Meiji Six Society (named after the year of its founding, the sixth year of the Emperor Meiji's reign, 1873), which sponsored public debates, published these proceedings in the Meiji Six Journal, and so hoped to promote enlightenment among the Japanese people. In addition to introducing public debate to Japan, this transitional intelligentsia was involved in the fundamental work of creating the language in which to raise issues of constitutional form or personal freedoms. In their translations of western texts and original texts about western law and political philosophy they created the neologisms to translate western concepts and participated in the standardization of terminology that made western knowledge coherent.The two concepts discussed in this essay, which were among the first to figure prominently in intellectual debates of the early 1870s, were "liberty" and "religion," the pairing of which in the debate over freedom of religion from 1872 to 1874 was crucial in defining a Japanese conception of liberty. Although religious liberty arose in western Europe as a result of the conflict between church and state authorities, the issue in Japan was a direct challenge to the new central government's attempt to decree a national Shinto doctrine in 1868. As the sole case of unanimous support for personal liberty among the transitional intelligentsia, the debate over freedom of religion determined key distinctions between private and public behavior that defined the Japanese conception of "liberty" for the duration of Japan's imperial constitution (to 1945). As a right of individuals, liberty resided in the exclusively private domain of thought, conscience, and religious faith. As a public matter the people's liberty necessarily gave way to government maintenance of public order.In part this essay responds to the work of Japanese philologists who study the translation and standardization of modern Japanese vocabulary. Much of this work is based on dictionaries; a word is said to have become standard as it appears in greater numbers of Japanese-Chinese, Japanese... (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)

The separation of church and state disguised the coordination of two very different conceptions of liberty at work in Revolutionary America, one with a religious basis in radical Protestant thought and the other with a legal basis in the secular Enlightenment. The essay combines the disciplines of law, literature, and intellectual history to investigate these contrasting formulations and their changing relationship. Cross-cultural analysis of the language of protest in both England and America gives the investigation a (...) crucial focus. It also explains a larger movement from direct influence to refraction in Anglo-American relations. (shrink)

Church youth work is the activities and programs organized by churches for young people. These activities aim to contribute to the religious, spiritual and social development of young people. Church youth work brings young people together and supports them in areas such as religious education, spiritual development, community service, leadership development and active participation in the religious community. It is seen that youth work, which was previously a part of family work, has been organized (...) as a different field of work over time. Churches carry out activities in this field through an organizational structure called youth ministry. Churches generally have a certain systematic and work program in their youth work. Most churches organize their youth programs according to the relevant educational levels. Churches tend to create smaller sub-groups within the youth program and divide young people by grade level. These divisions are usually at the middle and high school level, but youth groups extend to university students and are often referred to as "college and career". Higher education seems to be emphasized in youth work. Many theological faculties offer different postgraduate programs to meet various needs. The quality of youth work is largely determined by the academic studies conducted in this field. Practical theology, which is established as an academic discipline in faculties of theology, both provides the theoretical background that shapes the practice of these studies and provides training to train qualified personnel in the field. The approach to youth ministry can vary, taking into account the different views on the subject, the places where this ministry is provided and the characteristics of people. There are different paradigms in church youth work, especially for young people living in cities. These are called traditional, liberal, activist and prophet-centered youth paradigms. Another pillar of church youth work is spiritual counseling services. Recently, churches have started to employ professional spiritual counselors. Spiritual counseling, a concept that emphasizes the Christian cultural origins of counseling, is now included in youth work. Spiritual counseling is seen as a professional guidance fed by religious and spiritual sources. Church spiritual counselors listen to the problems faced by young people, support them and try to understand them. Spiritual counselors provide guidance based on religious teachings and values to support the personal development of young people. Spiritual counseling conducted by churches can take various forms. These include individual counseling, group counseling, family counseling, online counseling, retreats and workshops. The personnel who carry out the youth work of the churches are also called youth leaders. Accordingly, it is seen that various leadership models in the literature are discussed in this context. Some leadership models that are thought to inspire youth work are: Servant leadership, ethical leadership, spiritual leadership and transformational leadership. In this research, these leadership models are discussed in the context of church youth work. This research aims to reveal the basic approaches and principles in this field by focusing on the studies in the context of non-formal religious education in Catholic Churches. Although it varies from region to region or from church to church, the main problem of this study is to examine the youth work of the Catholic Church in the context of non-formal religious education in general. The research data were obtained through document analysis method. On this occasion, it is thought that this study will also be useful in the context of a comparative evaluation of non-formal religious education in our country. (shrink)

This article examines the history of denominationalism - the division of Protestantism into a multitude of independent religious associations, freely competing with each other. This approach to typologising religious associations, initially adopted for Protestant communities within the United States, has become a global phenomenon. Since the early 1980s, there has been a vigorous debate in the sociology of religion about the contemporary meaning of denominations. There is a growing number of independent churches that do not wish to be (...) associated with any of the Protestant denominations; megachurches are leaving denominations or trying not to emphasise their affiliation with any particular denomination; some megachurches and church organisations are growing into a transdenominational evangelical movement with worldwide influence. The article is based on an analysis of the work of sociologists of religion on the issue of denominationalism in Protestant organizations, ranging from Richard Niebuhr to researchers drawing on contemporary statistical data. The existing congregations that emphasize their denominational identity, none of them exist in a denominational isolated cocoon any more - worship practices and music, missional objectives and educational resources can be adopted from other non-denominational churches and trans-denominational evangelical movements. The very concepts of megachurch, independent church, and evangelical movement can be viewed as separate denominations. Using these terms, members of a congregation identify themselves as holding certain beliefs and engaging in certain practices in common with others around the world. The trend toward the emergence of independent churches is part of the new course of Protestantism - post-denominational Protestantism. (shrink)

Strict separation of church from a presumed ‘religion-blind’and strictly ‘neutral’state still is the preferred model in liberal, democratic, feminist, and socialist political theory. Focusing on the full, reciprocal relationships between society-culture-politics-nation-state and religions, this article makes a case in favor of ‘nonconstitutional pluralism’ in general, associative democracy in particular. Associative democracy recognizes religious diversity both individually and organizationally; it stimulates legitimate religious diversity; it prevents a hidden majority bias; and it provides a legitimate (...) role for organized religions in the provision of a wide range of services, including education, on one hand, and in the political process, on the other hand. That organized religions should be informed, heard, and consulted in contested issues should be a crucial component of democratic participation. This also might help prevent the development of religious fundamentalism. (shrink)

In this paper I will deal with the question of the religious education in the public schools in Romania, from the point of view of the relationship between Church and State. My quantitative and qualitative analysis of the bills concerning religious education, the way in which law has been applied and some of the consequences of this application wants to circumscribe the meaning of some concepts such as religious liberty and the new (...) class='Hi'>religious forms. The basic consequence of this I hope will be the redefining of the notion of public space and of the role played by religion with its characteristic aspects: the relationship between state and religious organizations. This will clearly show the essential bond between two main aspects of religious liberty: the formal aspect - legal and institutional - and the informal aspect – an aspect connected to the personal and social attitudes regarding the new forms of religious behaviour. (shrink)

As a natural result of globalization and migration from village to city, peace, ease, and happiness of people who have to coexist in cities are extremely important. Beliefs, systems, ideologies, and institutions aim to achieve this. This situation forces individuals and groups who live together, whether they want to or not, to get to know and communicate with each other within a trust environment. The most important factor that makes recognizing segments of society with different characteristics and communicate with them (...) in a healthy way is to develop a culture of coexistence among the community members. Coexistence means that people with different identities and affiliations are united around the citizenship denominator and contributing to the continuation of social life in unity and solidarity. This understanding must be transformed into a cultural consciousness in the community members. Because, polarization, marginalization, discrimination, and violence become common among individuals who live in societies where the culture of living together and the awareness of citizenship are not developed. It is not possible to ensure coexistence only by law. In societies where a culture of cohabitation develops, differences are not seen as a cause of separation, but as a richness that diversifies society and gives dynamism to social life. In societies dealing with political, social, economic, and moral problems, religion, language, race, ethnic identity, and regional sense of belonging might be more likely used as terrorization tools. The self-confidence that accurrate religious knowledge gives to individuals might weaken such a possibility. Islam anticipates a social system that facilitates a pecaful and easeful life for the people. Giving importance to principles such as love, respect, tolerance, justice, consultation, assistance, and solidarity in the Qur'an is an indication of the need for this system. The Prophet Mohammad had the opportunity to apply an example of this system in Madinah anticipatedin the Qur'an in Madinah. After the migration, some principles related to the basic rules of coexistence were included in the Madinah agreement, which the Prophet signed with representatives of different segments living in Madinah. It is very important that these principles are able to shed light on the issues happenin in the recent world. The experience of living together in the time of the Prophet Muhammad (pbuh) should be introduced to the next generations with correct information. Because, The Medina Agreement, which has an important place in the history of Muslims, is an important example of the ability to live together in peace and ease by maintaining differences in society. The Medina Agreement is the first written document that allows different groups of people residing in Medina to live together. The main purpose of this agreement, which the Prophet made with the Jewish, Christian, and polytheistic tribes in Medina after the migration, is to protect the fundamental rights stemming from the citizenship of people who live in the same city by having different faiths and cultural values. If so, the Madinah Agreement might be an example for many societies that recently experience discord and unrest due to their characteristics such as religion, language, race, political thought, and etc. In this regard, this article focuses on the importance of the culture of coexistence in the context of the Madinah Agreement and the process of formation of this culture and offers some suggestionsthat will facilitate peace and ease for different groups living in the same society. Some of these suggestions are as follows: Differences such as language, religion, race, culture, and political thought among the realities of social life should not be seen as an element of discrimination, everyone should contribute to the peace and well-being of society by combining in the common denominator of citizenship. In educational institutions, it should be taken into account values such as human love, respect for the other, tolerance, freedom of thought, empathy, and peace. In addition to educational institutions, all segments operating in the field of law, politics, economics, religion, and media should unite, and thus, should develop a consciousness of citizenship in society, where differences in race, religion, language, culture and political views are seen as richness. (shrink)

This book focuses on the financing of religions, examining some European church-state models, using a philosophical methodology. The work defends autonomy-based liberalism and elaborates how this liberalism can meet the requirements of liberal neutrality. The chapters also explore religious education and the financing of institutionalized religion. This volume collates the work of top scholars in the field. Starting from the idea that autonomy-based liberalism is an adequate framework for the requirement of liberal neutrality, the author elaborates (...) why a liberal state can support religions and how she should do this, without violating the principle of neutrality. Taking into account the principle of religious freedom and the separation of church and state, this work explores which criteria the state should take into account when she actively supports religions, faith-based schools and religious education. A number of concrete church-state models, including hands-off, religious accommodation and the state church are evaluated, and the book gives some recommendations in order to optimize those church-state models, where needed. Practitioners and scholars of politics, law, philosophy and education, especially religious education, will find this work of particular interest as it has useful guidelines on policies and practices, as well as studies of church-state models. (shrink)

The article offers a concise view on the problems related to the Church and State relationship in Latvia. The article presents the author’s hypothesis that under the new circumstances when special legal provisions apply to traditional churches, it must discussed whether the rest of religious organizations could be classified as religious societies, operating in accordance with the Law on Societies and foundations. The author also holds an opinion that it is important for every country to follow (...) the principle of separation of church from state; however, it must be combined with religious freedom. Nevertheless, the article reveals that the task is difficult to follow in practice, in Latvia and in other EU member states alike. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:THE EDUCATOR IN THE FACE OF REFORM Enrique Gómez León It might be claimed that all the reforms ofthe educational systems of the wealthy nations of the West aim to accomplish the motto of the French Revolution: Liberty, Equality, Fraternity. The principle goal of school today is the formation ofcitizens. Laws enshrine this sacred purpose, and politicians repeat it in every conceivable declaration oftheir programs. Public schools are ofcourse (...) part and parcel ofthe State. It is the ideals ofthe State that govern the educational process, and this in a double sense: schools should train pupils in these values, and at the same time reproduce these values in their functional processes. A quick glance at the characteristics of any high school allows us to recognize the values in question: a)Freedom of expression for teachers and pupils; freedom ofprograms, or rather the multiplication of subjects to be taught, since schools should represent every facet of our complex reality; freedom also from etiquette, from formal rules of behavior regarding what to wear, the way to speak up, how to address teachers; freedom, finally, from parents, who abandon to schools the role of primary and fundamental educator. b)Equality, a benefit ofdemocratization, which bears with it the obligation ofschooling for all; boys and girls study the same contents, and there is no exclusion for economic or religious reasons, nor for intellectual ones. c)Fraternity nowadays cashes out as tolerance, a true fetish word in the contemporary world. It is a tolerance which implies an absolute laicity so as to allow the expression ofevery kind ofbelief, or its lack, and which implies the right to speak far beyond what science allows, and yet to fall far short of what it demands, since emotion and sentiment demand their place alongside, or above, truth. The indubitable goodness of these objectives, these ideals—which no one would dare to criticize in public—does not manage to hide a spreading sense ofmalaise: teachers complain that pupils learn less and less, discipline problems increase; adolescents complain that school doesn't frighten them Enrique Gómez León97 any more, it'sjust boring; parents complain that there are no longer any good manners, their children are wasting their time; the newspapers deplore the increase of violence in the schools. Often the motives behind these complaints are quite banal: teachers focus on their own convenience and resist change; comparisons with the past are no longer valuable, since now everybody has become a product of schooling; most adolescents, above all, are extraordinarily entertained by school, where they meet up with their friends; parents forget that they had already scandalized their own parents with their astounding new mores; newspapers are slaves to the moment, obliged every day to forget what happened yesterday. We should not overlook the bad reasons for complaining about the malaise, but we should equally give it its due attention. I would like to bring out some arguments underlying it, as described from the position ofa teacher ofadolescents who loves and enjoys his profession. This malaise does not spring from resistance to the ideals of our era—liberty, equality, fraternity—but from the experience of a surprising fact: the more one exalts that slogan, the more the intellectual task of the school recedes into the background. As a consequence, freedom is reduced to lack of direction, equality to simple indifference, and fraternity to a paralyzing absence ofany meaningful boundaries. School, then—we are still talking about the state education system—may tend to produce what it is trying to avoid: a society both less free and more unequal. It is the apprehension of this future that provokes some disquieting questions among teachers: What use is this? What am I doing? What might I be able to do? In other words: What power do I have? So as to bring out some elements for discussion, and with the goal also of justifying the preceding hypothesis, I am going to approach the problem by first drawing away from it. In this way I hope to gather the necessary "élan" to underline two points—among many others—which, in my opinion, deserve more thought. Mircea Eliade repeats on several occasion this... (shrink)

This book explores the emergence of the modern higher education sector in the independent Irish state. The author traces its origins from the traditional universities, technical schools and teacher training colleges at the start of the twentieth century, cataloguing its development into the complex, multi-layered and diverse system of the early twenty-first century. Focusing on the socio-political and cultural contexts which shaped the evolution of higher education, the author analyses the interplay between the state, academic institutions (...) and other key institutional actors - notably churches, cultural organizations, employers, trade unions and supranational bodies. This study explores policy, structural and institutional change in Irish higher education, suggesting that the emergence of the modern higher education system in Ireland was influenced by ideologies and trends which owed much to a wider European and international context. The book considers how the exercise of power at local, national and international level impinged on the mission, purpose and values of higher education and on the creation and expansion of a distinctive higher education system. The author also explores a transformation in public and political understandings of the role of higher education, charting the gradual evolution from traditionalist conceptions of the academy as a repository for cultural and religious value formation, to the re-positioning of higher education as a vital factor in the knowledge based economy. This comprehensive volume will appeal to students and scholars of the Irish education system, educators and practitioners in the field, and those interested in higher education in Ireland more generally. (shrink)

The main thesis of this essay is that the inter-religious dialogue gives us some unique mechanisms for protecting and implementing human rights. This alternative way of implementation of the basic provisions of the international human rights law includes several practices. Among them there are organizing demonstrations, infor- mational campaigns, lobby campaigns for the ratification of certain legal means, monitoring, educational programs, declarations etc. These activities define the inter-religious dialogue movement as a civil society phenom- enon that acts (...) both at the level of international and local NGOs on the one hand, and at the level of the high religious authorities on the other. In this regard, in order to illustrate the inter-religious potential for accomplishing the protection and the implementation of the interna- tional standards, the analysis encompasses the relations between different religious systems as well as between the religious bodies and the state itself. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Otherwise than Laïcité? Toward an Agonistic Secularism in LevinasMark Cauchi (bio)Levinas and SecularismAlong with the so-called “return of the religious” in contemporary Western philosophy and politics, there has been a renewed effort in recent years to rethink secularism, the political doctrine of the separation of religion and politics.1 It would not be difficult to show that Emmanuel Levinas has been a substantial force in the resurgence of (...) interest in religion among philosophers, but his impact on thinking about secularism is less evident. Part of the reason for this uncertainty, and part of the reason it is not taken up by scholars, is doubtless the fact that Levinas’s conception of secularism is difficult to discern.2 Although he often discusses religion, politics, and even their relationship, he rarely addresses the question of secularism directly. He certainly uses the term laïcité, and, especially in Difficult Freedom, often discusses both the place of Judaism in secular society and what he calls the “Christian atmosphere” of modernity, but he never articulates, either here or elsewhere, a complete account of the concept.In addition to the paucity of Levinas’s writings on secularism, a further difficulty is that what Levinas does say about secularism can often seem contradictory and unclear. Consider, for example, his view [End Page 187] of the most basic issue of secularism: the separation of church and state. Is such a separation wholly compatible with Levinas’s thinking? On the one hand, Levinas is unambiguous about his endorsement of the separation. He writes in “How Is Judaism Possible?” (1959) that the separation “is the citadel that protects us [French Jews] against injustice,” and therefore that “we must beware of tampering with it.” And yet, as he will immediately add, the “luminous and incontestable formula” separating church and state must be given “its best content,” as if in its common understanding it does not possess its best meaning (DF 245). This specific double move, where he simultaneously endorses and criticizes the separation of church and state, is indicative of Levinas’s more general attitude from the 1950s onward toward the whole of the standard liberal conception of secularism.What I mean by the latter conception will be fleshed out in the following sections, but it can be defined now, in a preliminary fashion, as the entire liberal enterprise of creating a culturally neutral state and public sphere for the sake of protecting the rights and liberties of the individual citizen. Because the individual citizen is defined as possessing the right to, or liberty of, thought, expression, and association—all of which together, in effect, produce freedom of religion, whether explicitly proclaimed or not—the state and public sphere must be constituted in particular ways to guarantee these liberties; in particular, they must be culturally neutralized so that any citizen, from whichever cultural background, can participate in public institutions without bias and thus without the violation of their liberties. Such neutralization is achieved by the reciprocal move wherein participants in these institutions—that is to say, individual citizens—are not allowed to bring their cultural frameworks with them into the constitutions and operations of these institutions, leading to the so-called privatization of religion.Because Levinas criticizes this model of secularism while seeming to endorse some notion of it, what I would like to do in this essay is to determine what is precisely Levinas’s criticism of secularism and, in addition, what a “Levinasian secularism” might be. My central contention will be that the latter (Levinasian secularism) is not equivalent [End Page 188] to the former (his stated views about secularism). The reason for this discrepancy is that Levinas critiques standard liberal secularism on the basis of his more general philosophy of ethical alterity, but then reinstates liberal secularism (or an unspecified version of it) as the best way to protect institutionally ethical alterity. This double movement raises the question, how can ethical alterity at once be consistent and inconsistent with liberal secularism? The question is naturally related to the much-discussed one about the relation of ethics and politics in Levinas’s thinking. Levinas’s approach to the latter relation is consistently... (shrink)

Wallace, Max; Wallace, Meg On 31 July this year submissions closed to the government's Constitutional Advisory Panel concerning a constitution for New Zealand. New Zealand, like England, does not have a written constitution. On 13 July there was a day-long seminar sponsored by the Law Faculty at Victoria University in Wellington on the question of separation of church and state. One reason for this seminar was the lack of constitutional separation in New Zealand.

People who are not Muslims but live under the rule of the Islamic state under certain conditions are called "non-Muslim". With the Prophet’s migration to Madinah, he encountered a non-Muslim community and clearly demonstrated his stance on them with the "Madinah Convention". As a result of the intense conquest movements that started with the Companions period, non-Muslim people became the citizen of the Islamic state. Legal arrangements have been made regarding these, and their status before the state (...) and within the society has been determined. These people, who were not forced to accept the Islamic faith, were also given the freedom of belief and worship. However, by limiting the framework of this freedom to the interests of the Islamic state and Muslim society, social security and peace were ensured, and the basic parameters of coexistence were tried to be established. Islamic states have evaluated the non-Muslim temples in the places taken by peace and the places taken as a result of war. While obtaining the consent of the non-Muslim people for the demolition of the temples or the conversion of them into mosques in the places taken by peace; In the dispositions on the temples located in the places taken by the war, they were treated more freely. In principle, the principle of not touching or repairing the temples of non-Muslims built before the conquest was preserved in almost all periods, and the construction of new temples was not viewed positively. Yes, as a requirement of religion, non-Muslims were freed in their beliefs and were not forced to become Muslims, taking into account the freedom of religion and conscience. However, in order for the Muslim community to preserve its religion, non-Muslims are not allowed to live their religion, culture and traditions in front of the public; Restrictions have also been imposed on their temples. In this context, a series of measures were taken, such as the demolition of some churches and the reduction of the number of existing temples. Despite this, it was also allowed to build new temples in case of necessity. In this case, the magnificent construction of the temples was not allowed, and they were required to comply with some criteria in architecture. In this study, starting from the time of the Prophet, an answer will be sought to the question of whether the policies carried out by the Islamic states towards the places of worship of non-Muslims are religious or political, with some examples of practice from different periods of the history of Islamic law. In this context, the status of the temples belonging to these people, who are defined as "dhimmis" in the Islamic state, rather than their general legal status, forms the basis of our study. Our study has been limited to Christian and Jewish temples. (shrink)

This book explores the emergence of the fundamental political concepts of medieval Jewish thought, arguing that alongside the well known theocratic elements of the Bible there exists a vital tradition that conceives of politics as a necessary and legitimate domain of worldly activity that preceded religious law in the ordering of society. Since the Enlightenment, the separation of religion and state has been a central theme in Western political history and thought, a separation that upholds the (...) freedom of conscience of the individual. In medieval political thought, however, the doctrine of the separation of religion and state played a much different role. On the one hand, it served to maintain the integrity of religious law versus the monarch, whether canon law, Islamic law, or Jewish law. On the other hand, it upheld the autonomy of the monarch and the autonomy of human political agency against theocratic claims of divine sovereignty and clerical authority. Postulating the realm of secular politics leads the author to construct a theory of the precedence of politics over religious law in the organization of social life. He argues that the attempts of medieval philosophers to understand religion and the polity provide new perspectives on the viability of an accommodation between revelation and legislation, the holy and the profane, the divine and the temporal. The book shows that in spite of the long exile of the Jewish people, there is, unquestionably, a tradition of Jewish political discourse based on the canonical sources of Jewish law. In addition to providing a fresh analysis of Maimonides, it analyzes works of Nahmanides, Solomon ibn Adret, and Nissim Gerondi that are largely unknown to the English-speaking reader. Finally, it suggests that the historical corpus of Jewish political writing remains vital today, with much to contribute to the ongoing debates over church-state relations and theocratic societies. (shrink)

The secular character of the Nigerian state should not impede collaboration between the Roman Catholic Schools Management Board and the Government of Cross River State (Nigeria) in the area of religious education. Based on the above claim, this paper is an exercise in content analysis of The Catholic School{\\ial is, the document regulating Catholic principles of education in schools) and Religion and National Values: Primary 1- 5(text on curricular contents of religious education at (...) the primary school level in Nigeria) in view of highlighting its implications for religious education. This work is focused on bringing out some points of convergence and divergence, if any, in these two documents. Content analysis technique is the modus operandi used in this research paper. The research findings of this paper show that Catholic primary schools can adopt the curriculum for religious education but should be weary of some of its doctrinally watered-down contents. (shrink)

Reedition of papers in English spanning from 1986 to 2009 /// Historical background -- An imposed legacy -- Twentieth century contemporaneity -- Appendix: The philosophy of teaching legal philosophy in Hungary /// HISTORICAL BACKGROUND -- PHILOSOPHY OF LAW IN CENTRAL & EASTERN EUROPE: A SKETCH OF HISTORY [1999] 11–21 // PHILOSOPHISING ON LAW IN THE TURMOIL OF COMMUNIST TAKEOVER IN HUNGARY (TWO PORTRAITS, INTERWAR AND POSTWAR: JULIUS MOÓR & ISTVÁN LOSONCZY) [2001–2002] 23–39: Julius Moór 23 / István Losonczy 29 // (...) ON THE SURVIVAL OF ILMAR TAMMELO’S LETTER AND MANUSCRIPT ADDRESSED TO PROFESSOR MOÓR [2009] 41–44 // PROFESSIONAL DISTRESS AND SCARCITY: ALEXANDER HORVÁTH AND THE LEGACY OF NATURAL LAW IN HUNGARY [2005] 45–50 // HUNGARIAN LEGAL PHILOSOPHY IN THE 20TH CENTURY [2011] 51–72: I. The Pre-war Period [1. Bódog (Felix) Somló (1871–1920) 52] / II. The Inter-war Period [2. Gyula (Julius) Moór (1888–1950) 54 / 3. Barna Horváth (1896–1973) 55 / 4. József Szabó (1909–1992) 57 / 5. István Bibó (1911–1979) 58 / 6. Tibor Vas (1911–1983) 59 / 7. István Losonczy (1918–1980) 60] III. The Post-war Period (Communism) 61 [8. Imre Szabó (1912–1991) 62 / 9. Vilmos Peschka (1929–2006) 63 / 10. Kálmán Kulcsár (1928–2010) 65] IV. Contemporary Trends and Perspectives 66 [11. Csaba Varga (b. 1941) 66 / 12. András Sajó (b. 1949) 69 / 13. Béla Pokol (b. 1950) 70] V. Our Understanding of the Law Today 71 --- AN IMPOSED LEGACY -- LOOKING BACK [1999] 75–94: 1. On Ideologies and Marxism in general 75 / 2. Life of an Intellectual in Communism 79 / 3. On Marxism and its Socialist Cultivation in Particular 82 / 4. Legal Philosophising [4.1. Approaches to Law 87 / 4.2. Arriving at a Legal Ontology 91] 5. Conclusion 94 // LEGAL PHILOSOPHY OF THE MARXISM OF SOCIALISM: HUNGARIAN OVERVIEW IN AN INTERNATIONAL PERSPECTIVE [2003] 95–151: I. Development and Balance of Marxist Philosophising on Law in Hungary [1. Preliminaries (until 1948) 96 / 2. Stalinism (from the Soviet Occupation on) {a) Liquidation of the »Residues« 98 / b) Soviet-type Uniformisation [Gleichschaltung] 99 / c) Denial of the Past, with a Dual Effect 99 / d) »Socialist Legality«, Drawn from the Progressive Past of Western Europe 103 / e) Search for the Germs of Scholarly Evolution 103} 3. Institutionalisation Accompanied by Relaxation (from the 1960s) [a) Epigonism Becoming the Scholarly Ideal 104 / b) Stalinism in a Critical Self-perspective 105 / c) Disciples Diversified Launching their own Trends 107 / d) Comparatism 110 / e) (Re)discovery of the Western Legal Philosophy as a Competitor 112 / f) A Leading Mediatory Role within the »Socialist World Order« 114} 4. Disintegration (in the 1980s) {a) Attempt at Laying New Foundations for Marxism with Epigonism Exhausted 115 / b) Competitive Trends Becoming Exclusive 115 / c) Western Legal Philosophy Acknowledged as a Fellow-traveller within the Socialist Orbit Proper 116 / d) Hungarian Legal Theory Transforming into a National Corpus 118 / e) The Practical Promotion of Some Balance 119} 5. End-game for a Substitute State Religion (in the 1990s) 120] II. Marxist Legal Philosophising in an International Perspective [Ad 1: To the Preliminaries 122 / Ad 2: To Stalinism 124 / Ad 3: To Institutionalisation Accompanied by Relaxation {a) Late Separation from Vishinskiy’s Theory 125 / b) From Ideological Self-closure to an Apparently Scholarly Openness 127 / c) From Political Ideology to Genuine Scholarship 130 / d) International Recognition of Socialist Jurisprudence as an Independent Trend 135 / e) Together with Western Trends 137} Ad 4: To Disintegration {a) Loss of Attraction as Mere Epigonism 139 / b) Exclusivity of Competing Trends 139 / c) Fellowship with »Bourgeois« Trends 140 / d) An own Trend, Internationally Recognised 141 / e) A yet Progressive Role 142} Ad 5: To the Present state 143] III. A Temporary Balance 145 // AUTONOMY AND INSTRUMENTALITY OF LAW IN A SUPERSTRUCTURAL PERSPECTIVE [1986] 151–175: 1. The Strange Fate of Concepts 151 / I. A Relational Category 2. Basis and Superstructure: The Genuine Meaning 154 / 3. Exerting Social Influence as a Conceptual Minimum 156 / 4. Relationships within the Prevailing Totality 158 / 5. Attempts at Interpretation in Hungary 159 / 6. The Lukácsian Stand 162 / 7. Lukács’s Recognitions 168 / 8. Some Criticism 169 / II. The Law’s Understanding 171 / 9. Law Interpreted as Superstructure 171 / 10. Conclusions Drawn for the Law’s Understanding 173 // LEGAL THEORY IN TRANSITION (A PREFACE FROM HUNGARY) [2000] 177–186 // DEVELOPMENT OF THEORETICAL LEGAL THOUGHT IN HUNGARY AT THE TURN OF THE MILLENNIUM [2006] 187–215: 1. International Environment 188 / 2. The Situation in Hungary 190 / 3. Outlook I: The Historical-comparative Study of Legal Cultures and of the Lawyerly Way of Thinking 203 / 4. Outlook II: The Paradigmatic Enigma of the Transition to Rule of Law 207 / 5. Incongruity in Practice 213 / 6. Perspectives 214 --- TWENTIETH CENTURY CONTEMPORANEITY -- CHANGE OF PARADIGMS IN LEGAL RECONSTRUCTION: CARL SCHMITT AND THE TEMPTATION TO FINALLY REACH A SYNTHESIS [2002] 219–234: 1. Dangers of Intellectualism 219 / 2. Schmitt in Facts 221 / 3. Schmitt and Kelsen 222 / 4. On Bordering Conditions 226 / 5. With Kelsen in Transubstantiation 230 / 6. Polarisation as the Path of Theoretical Development 232 // KELSENIAN DOCUMENTS IN HUNGARY: CHAPTERS ON CONTACTS, INCLUDING THE GENESIS OF AUTOBIOGRAPHY [2006] 235–243: 1. Preludes 235 / 2. The Search for Moór’s Bequeath 235 / 3. Moór’s Collegiality 238 / 4. Bibó as a Disciple Translating 241 // THE »HART-PHENOMENON« [2002] 245–267: I. The Hart-miracle 246 [1. The Scene of Britain at the Time 247 / 2. The Personal Career 250 / 3. The Opus’ Career 252 / 4. Verbal Sociologism 255 / 5. Growing into the British Pattern 259] II. The Hart-phenomenon 260 [6. Origination of a Strange Orthodoxy 261 / 7. Mastering Periods of the 20th Century 263 / 8. Raising the Issue of Reception in Hungary 365] // LITERATURE? A SUBSTITUTE FOR LEGAL PHILOSOPHY? [2007] 269–287: 1. The Enigma of Law and its Study 269 / 2. “Law and Literature” 271 / 3. Varieties of “Law and Literature” 274 / 4. The German Study of Artistic Representations 280 / 5. Some Literary Reconsiderations 285 / 6. Conclusion 287 --- APPENDIX -- THE PHILOSOPHY OF TEACHING LEGAL PHILOSOPHY IN HUNGARY [2007] 291–320: I. Why and How to Philosophise in Law? 291 / II. The State of Teaching Legal Philosophy 294 / III. The Philosophy of Teaching Legal Philosophy 296 / IV. Programme at the Catholic University of Hungary 300 [1. Graduate Studies 300 {a) Basic Subjects 301 / b) Facultative Seminars 305 / c) Closing Subjects 309 / d) Written Memoranda and the Thesis 312} 2. Postgraduate Studies 313 / 3. Conclusion 317] V. Perspectives 318 /// Index of Subjects 321 / Index of Normative Materials 328 / Index of Names 329 . (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Shinto: The Way Home: Dimensions of Asian SpiritualityJason M. WirthShinto: The Way Home: Dimensions of Asian Spirituality. By Thomas P. Kasulis. Honolulu: University of Hawai'i Press, 2004. Pp. xx + 184.Thomas P. Kasulis wrote his fine new book Shinto: The Way Home: Dimensions of Asian Spirituality as the result of a promise made over a glass of scotch to Henry Rosemont, who is currently editing a (...) series of volumes highlighting various Asian spiritual traditions. These volumes promise to be strong, advanced introductions, and it is already clear that they should be seriously considered as introductory texts for courses in the Asian spiritual traditions. However, feeling "queasy" about his promise, Kasulis confessed that he was "primarily trained as a scholar of Japanese philosophy and there is simply not that much Shinto philosophy to write about" (p. xvi). Yet it appears that the scotch did not inspire frivolous behavior. The book is written by someone who has much love-perhaps even a pure heart and mind (makoto no kokoro)-for the Japanese spiritual heritage, and hence it makes an outstanding introduction to the basics of the Shinto tradition and its many practices. "Reading this book should help readers begin, not end, their study of Shinto" (p. xvii).Kasulis argues that Shinto is for the most part not a religion in the conventional Western sense. In fact, the Japanese word for "religion," shūkyō, is a neologism to designate the teachings (kyō) that comprise a shū, that is, a "discrete religious community with common practices and teachings" (p. 30). Yet Shinto operates in the background for most Japanese people, and so does not necessarily originate or result [End Page 358] in a clearly articulated doctrinal position. It comprises part of the cultural ambiance of Japanese life. It shapes the Japanese wedding ceremony and governs the Japanese relationship to rice (including sake).More significantly, it helps ritualistically inculcate the rudiments of what might be called something like a deep ecology. Certain remarkable locations in nature, certain foci that are spectacularly aberrant or startlingly exceptional, are marked off by a sacred portal (torii) or rope (shimenawa). They are designated as places of awe and wonder, as places inhabited by the kami (gods). In this way, a Shinto ecological aesthetic contrasts directly with a classical Western sense of beauty. The latter is achieved when an object is in maximum proximity to its idea-when it deviates as little as possible from its inherent nature. In Shinto the kami are present in an awesome deviation from the norm (as in a gnarled pine or a wondrously twisted rock).Yet Shinto does not necessarily ghettoize the sacred space, truncating it from its circulation with all of nature. Rather, sacred spots (like sacred practices) are isolated in order to serve as an opening into nature as sacred. They are sacred portals to the sacredness of the whole-"they are holographic entry points for experiencing kami everywhere" (p. 23). Kasulis traces these themes from Japanese prehistory, including their eventual appropriation in the early-eighth-century chronicles the Kojiki and the Nihonshoki, both of which were commissioned by imperial decree. Furthermore, there was much in Shinto that was compatible with the emergence of Buddhism in Japan. The latter helped Shinto remain dynamic and nondogmatic (p. 93), and Shinto helped make some of the more difficult aspects of esoteric Buddhism (Shingon and Tendai) more accessible to commoners (p. 99).However, in the isolationism of the Tokugawa period, Shinto was slowly wrested from its ensconcement in Japanese Buddhism. The influences of Neo-Confucianism and the Japanese code of the warrior (bushidō), the demilitarization of Buddhist monasteries, the relegation of monasteries to census taking, and other measures helped the Tokugawa clan consolidate their own power and enervate Buddhism's hold on Japan. Shinto itself would have to be freed from its Buddhist housing. The most fateful instance of this purification process transpired inadvertently with Motoori Norinaga (1730-1801) and the dawning of the kokugaku or "native studies" movement. Norinaga spent more than three decades deciphering and annotating the linguistic labyrinth of the Kojiki. Yet this was not a mere scholastic exercise. Norinaga assigned the Kojiki the status of scripture... (shrink)

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)

Religious Discourse in Modern Japan explores the transportation of the Western concept of “religion” in in the modern era; the emergence of discourse on Shinto, philosophy, and Buddhism; and the evolution of the academic discipline of religious studies in Japan.

Controversial Supreme Court decisions have barred organized school prayer, but neither the Court nor public policy exclude religion from schools altogether. In this book, one of America's leading constitutional scholars asks what role religion ought to play in public schools. Kent Greenawalt explores many of the most divisive issues in educational debate, including teaching about the origins of life, sex education, and when--or whether--students can opt out of school activities for religious reasons. Using these and other case studies, (...) Greenawalt considers how to balance the country's constitutional commitment to personal freedoms and to the separation of church and state with the vital role that religion has always played in American society. Do we risk distorting students' understanding of America's past and present by ignoring religion in public-school curricula? When does teaching about religion cross the line into the promotion of religion? Tracing the historical development of religion within public schools and considering every major Supreme Court case, Greenawalt concludes that the bans on school prayer and the teaching of creationism are justified, and that the court should more closely examine such activities as the singing of religious songs and student papers on religious topics. He also argues that students ought to be taught more about religion--both its contributions and shortcomings--especially in courses in history. To do otherwise, he writes, is to present a seriously distorted picture of society and indirectly to be other than neutral in presenting secularism and religion. Written with exemplary clarity and even-handedness, this is a major book about some of the most pressing and contentious issues in educational policy and constitutional law today. (shrink)

The democratic transformations that have taken place in our country since independence have laid the foundations for new state-church relations. The relations between the state and the Church in this situation have acquired fundamentally new qualities, which, unlike the past, are characterized by a generally stable partnership, mutual respect and cooperation. Such relations are enshrined in the Constitution of Ukraine, the Law of Ukraine "On Freedom of Conscience and Religious Organizations", other legislative acts and international (...) legal agreements. (shrink)

In our country, mildly mentally disabled students are being educated in general education classes by means of integration. An individualized education program (IEP) is being prepared for these students when needed. However, the impact of BEP on students with intellectual disabilities in religious education has not yet been sufficiently discussed. The purpose of this research is to examine the impact of the IEP on the achievement of religious education of mentally disabled students and the (...) level of religious learning of these students. For this purpose, in addition to the education given in the general education class for the 6 mildly mentally disabled integration students studying in the 4th grade of primary school, 2 hours of education were carried out in the support education room per week during the education and training year. Semi-experimental study was designed according to the single-tasked multiple-start model. Education process was evaluated by Achievement Test, the Teacher Observation Form, the pre-test based on the Self-Assessment Form, post-test and retention tests. As a result, it has been seen that BEP has a positive effect on the achievement of religious education of mentally disabled students (ZEKÖ). In this framework, it has been found that students are influenced by the society, especially by their peers, when they are given time they constitute religious knowledge, they understand normal individuals religious behaviours, they are more emotional, they forget religious information that is not used in everyday life and when they accomplish they increase self-confidence and self-esteem and internalize values.SummaryPeople differ in their creation. This difference is greater in people disabled. In terms of individual traits and educational qualifications, individuals with disabilities who are severely different from their peers and who have difficulty in playing the roles they should play are evaluated in several groups. One of these groups is mentally disabled. Mentally handicapped people have various rights as normal individuals. One of these rights is the right to education. National and international laws guarantee the educational rights of individuals with intellectual disabilities. Similarly, Islam and his best practitioner, the prophet Muhammad, did not consent to the transformation of the mentally disabled into begging masses or to their isolation, but rather to integrate them into society. According to Islam, individuals with intellectual disabilities have the “capacity to acquire rights“, even if they do not have "capacity to act". This right requires them to receive an education that takes into account their differences, just like normal individuals. Because of their learning characteristics, mentally retarded students differ from their peers, therefore they cannot benefit from the educational activities organized for normal students. So, these students need a special education to ensure that the mentally disabled are successful and live in society without being dependent.Inrecent years, in our country as well as in the world, the principle of "least restricted education environment" is taken into consideration for mentally handicapped people who need special education, which approaches to co-education with their peers. This approach is tried to-be applied at all educational levels. Due to the diagnosis and evaluation in the Guidance and Research Center, a large number of mentally retarded students are placed in normal schools. These students, like other courses, take the Religious Culture and Moral Knowledge Course together with the normal students. However, depending on their learning, they have the right to receive separate training as 1-3 people at-the support training room. The instructional adaptations necessary for the education of these students made by the Guidance and Research Centers are carried out by the teacher who plays the basic role in the education of the students. One of the important elements in the education of these mentally retarded students who need special education is the individualized education program. This program is prepared by the cooperation and joint decision of all stakeholders who may contribute to student’s education. The status of the student to participate in the learning and teaching activities, the amount and the quality of the education to be received in the support education room are made within the framework of this program.One of the most important courses in the education of mentally retarded students who are educated by inclusion is the Religion Culture and Moral Knowledge course. Because this course has the potential to make serious contributions to the socialization of students and to maintain their lives independently. However, there are a limited number of studies investigating the quality of religious education at-the scientific level. Furthermore, it has not been observed that these studies have been quasi-experimental. This study aims to reveal the quality of education for the mentally handicapped students. For this purpose, it aims to determine the contribution of religious education in the support education room to the success of the student depending on the individualized education program. It also makes it possible to make conclusions about how mentally handicapped people use their mental skills to learn religion. Depending on the aim of the study, during the 2015-2016 academic year, primary school 4th grade students and 6 mentally disabled inclusion students were educated. The quasi-experimental study was designed according to the single-subject multiple-start model. The process of the education, in other words, the development of mentally retarded students towards religious learning; were evaluated by Success Test, Teacher Observation Form and Self-Assessment Form based on pre-test, post-test and retention tests.Findings of the study; Faith, worship, the prophet Muhammad, Qur’an and its commentary, are classified according to the fields of morality, religion, and culture. The post-test achievement scores of the students in all learning areas were higher than the pre-test achievement scores. This shows that religious education in the support training room based on individualized education plan contributes positively to the success of the student. The results of the retention test are close to the results of the final test. In addition, it was determined that the students were affected by the society, especially by their peers, structured the religious knowledge when given time, they understood the religious behaviors of the normal individuals, became more emotional, forgot the religious information that is not used in daily life, increased their self-confidence and self-esteem as they succeeded and internalized the values. Based on these results, the following recommendations have been developed.Support Education Rooms should be functionalized and special attention should be given to individual or group-based religious education based on the nature and objectives of the subject in these rooms.In religious education, by taking into account the performances of mentally retarded inclusion students (MHIS), the relevant dimension of religion should be given importance according to their contribution to their normal lives and they should be consistent and patient in this process.Since MHIS has different levels of learning and perception and different developmental characteristics at every stage of life, it should prioritize their proper use of their existing capacities based on their religious education, interests and curiosities.Since MHIS is influenced by the emotion dimension rather than the information dimension of religion, religious education for them should be oriented towards life, which is not academic, literal or doctrinal, but rather their life and feelings.Similar studies with different study group students must be done and the results of the study should be interpreted comparatively. 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In lieu of an abstract, here is a brief excerpt of the content:Bible and Yoga:Toward an Esoteric Reading of Biblical LiteratureSusanne ScholzThe ProblemWe live in a post-biblical world—a world that sentimentalizes the Bible, ignores it, or is indifferent about the sacred text of the Christian and Jewish religions. Our daily lives are not shaped by biblical rhetoric, imagery, or practice, but by our everyday efforts of making a living, staying healthy, and raising a family. By "we" I mean those of (...) us who are part of North America or Western Europe and belong to the culturally and politically dominant group of white, middle-class, educated people. We live in societies that are largely secularized, perhaps even "anti-religiously" oriented, increasingly digitalized, and economically organized by a capitalist system that eradicates equal and just distribution of wealth nationally and internationally. In our world the Bible plays, at best, a privatized, individualized, and societally marginalized role. Sometimes, especially in the United States, Christian fundamentalists organize politically to foster change, trying to reinstate the Bible's political centrality. The effort to place stone sculptures of the Ten Commandments in the Alabama state courthouse,1 or—related primarily to middle and high school education—the insistence on the validity of creationism are prominent examples for the Christian fundamentalist involvement in the secularizing developments of Western countries. Mostly, however, such reactionary struggles confront an indifferent majority that favors the Western scientific worldview over biblical primacy. And even among many American fundamentalists, the Bible is mainly a privatized source of religious piety.My comments come from and speak to the particularities of the Western secular context. I do not want to be understood as making general statements about locations different from the Western one since they face different priorities. For instance, in Asian countries biblical traditions have never enjoyed a majority position as they did in Europe or North America. Historical, cultural, and religious differences do not, however, imply that other locations have nothing to contribute to the understanding of the Bible in post-biblical societies—on the contrary. But here my comments focus on the situation of the Bible and biblical studies in the West. [End Page 133]The Situation: Biblical Studies TodayThe familiarity with biblical literature is dramatically lower among people younger than forty-five than among those older than forty-five. The so-called Generation X (those born after 1960) and the generation afterward (those born after 1984) know little of the Bible and have little use for it, except if they affiliate with a Christian or Jewish organization. This fact raises important questions: If the younger generations in post-biblical societies do not read the Bible, what is the future of this sacred text in the West? Will it simply turn into a relic of the past? And what does this trend indicate for the academic field of Bible research?Biblical scholarship—until the 1980s a largely Western endeavor—is still indifferent about these generational developments in our societies. To many biblical scholars, the fact that we are living in a post-biblical world is a nonissue and does not affect their daily work with biblical literature. Accordingly, many, if not most, publications in biblical studies continue operating within a nineteenth-century mindset that regards "the Church" as the powerful opposition to the historical and literary study of the Bible, although by now mainstream religion has little cultural, political, and religious authority and power. Furthermore, much of biblical scholarship is not read by laypeople, who remain mostly ignorant of the issues discussed in the field. And even when some scholars recognize independence from religious institutions, they seldom reflect on the limited relevance of their work to larger society.Perhaps oblivious of the changed circumstances or unable to relate to post-biblical discourse in Western societies, many researchers do what they know best: they apply historical and literary methods to biblical literature, as if nothing else is needed in our era. Accordingly, many Bible scholars hardly notice that they talk only with, and among, themselves. They seem undisturbed that their work rarely, if ever, has an impact on cultural, religious, or political discourse. In fact, many of them would not even agree that the Bible and biblical studies... (shrink)

The article defines the nature of the Russian war against Ukraine in the context of social and state transformations of the 20th — 21st centuries. It is emphasized that this is a war of different worlds, mentalities, worldviews, ways of life, values, etc., which has been going on for many centuries in various forms (direct and mediated, open and veiled, hot and cold). The role of the religious-legal factor in the Russian war against Ukraine at various stages of (...) Ukrainian state formation (periods of the Ukrainian People’s Republic, Soviet, modern) is revealed. It is emphasized that it was during the time of the Ukrainian People’s Republic that the legal basis for the organization of the Ukrainian Local Orthodox Church, confessional differentiation and the establishment of freedom of conscience and interconfessional tolerance in Ukrainian society was created. Emphasized attention is paid to the fact that in the Soviet period, the Russian war against Ukraine continued in a new, veiled, hidden, invisible (at first glance) form with the active use of the religious factor. The results of this period have been determined, namely: rampant militant/ scientific atheism, radical extermination, Russification of Ukrainian Orthodoxy, liquidation of the Ukrainian Autocephalous Orthodox Church and the Ukrainian Greek Catholic Church, etc. Special attention is paid to the Soviet secular/political religion (Marxism-Leninism) as a key basis for the implementation of an aggressive policy regarding the historical memory and cultural identity of the Ukrainian people and a manipulative tool for the destruction of Ukrainian history, culture, worldview, nation, state and law in the information, hybrid, total, full-scale and other Russia’s wars against Ukraine. The article substantiates that improved legislation with an effective legal mechanism for its implementation, a strong civil society with developed institutions, including the institution of religion (church), adequate guarantees of religious rights and freedoms are important factors in ensuring state, national, religious security and victory of Ukraine (at the current stage) in the war waged against it by the Russian Federation. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Enthusiastical Concerns of Dr. Henry More: Religious Meaning and the Psychology of Delusion by Daniel C. FoukeAllison P. CoudertDaniel C. Fouke. The Enthusiastical Concerns of Dr. Henry More: Religious Meaning and the Psychology of Delusion. Leiden: E.J. Brill, 1997. Pp. xi + 257. Cloth, $93.75.In this detailed examination of Henry More’s psychological explanation of enthusiasm, Daniel C. Fouke persuasively argues that previous discussions of seventeenth-century (...) attitudes toward enthusiasm have been marred by misplaced attempts to categorize them in terms of “rationalism,” “empiricism,” and the “new science.” As he says, “a central problem in every account is that anti-enthusiasts and their targets simply refuse to ally themselves according to commitments which, to our eye, should sort them into well-defined genealogies, neat schools, and clear enmities. Clear battle-lines fail to emerge, and any portrait of the typical ‘enthusiast’ never gets so far as a bare outline” (122). The ample evidence he offers to support this point appears in the three main sections of his book, in which he analyzes More’s attack on two types of scientific “enthusiasm,” alchemy, represented by Thomas Vaughan, and the mechanical philosophy, and on the religious and political enthusiasm of radical sects, represented primarily by the Quakers.Fouke points out how similar More’s own views are in many respects to the enthusiasts he excoriates, and he illustrates how tendentious and often unfair his criticisms are. For example, More viciously attacks Thomas Vaughan for his vitalistic, organic view of the natural world when he himself holds similar views. And he later attacks the mechanical philosophers for rejecting the kind of vitalism he had earlier attacked in Vaughan, while chiding them for ignoring the sympathetic effects he had detected with such repugnance in Vaughan.The same inconsistencies and misrepresentations hold true of More’s attack on the Quakers. He criticizes them for relying on the “Inner Light,” when he himself had used the same expression and adhered to the same conviction that religion was a matter of inner experience not outward observance.In both his attack on scientific and religious enthusiasm, More descends, as Fouke amply shows, to a level of ad hominem vituperation at odds with his professed tolerance and good manners. By attributing all enthusiasm to physical disorders, which, in More’s view, arise primarily from carnality and lust, More effectively stigmatized and even demonized his opponents (since the devil was masterful at using physical disorders for his nefarious purposes).What accounts for More’s harshness and inconsistencies? Fouke argues, again persuasively, that one must view More’s attacks on enthusiasm in the context of the political and religious upheavals of the time and in terms of his own metaphysical and cultural outlook. As Fouke points out, all attacks on enthusiasm involved the larger issue of authority. Where should one look for guidance—to the State, the Church, the individual? More was a traditionalist, who deplored the political and religious anarchy of the Civil Wars and Interregnum. But although he was a political conservative and traditionalist, he too had been influenced by religious radicals and believed that an individual’s religion must be heartfelt and not a matter of ritual compliance. In essence More’s attack on enthusiasm was basically an attempt to legitimize his own theology, anthropology, and natural philosophy in the name of an indisputable, higher, religious [End Page 467] authority. The irony of More’s position was that in vilifying enthusiasm and attributing it to insanity, More’s writings became a useful resource in the armory of the deists, materialists and atheists, who were his real targets.Fouke is especially interested in analyzing what he describes as the “poetic source” of More’s attack on enthusiasm. As he says at the beginning of his book:I will argue that More and his “enthusiastical” opponents were offering competing ideals of religious meaning which they expressed by singling out particular kinds of experience as types of religious and moral cognition. I will also show that they differed in their account of the “crisis” experience which provides entry to the spiritual life, grounding this experience in competing theoretical, narrative, and poetical contexts. I will... (shrink)

This paper undertakes a political sociology of religious sentiments by examining how social actors seek to make their religious sentiments legible and authoritative within structures of modern state governance. It argues that a central dimension of religious politics consists of struggles over constituting hegemonic and common sense religious sentiments through drawing on the secular powers of the modern state. This politics entails contestations over how citizens ought to feel, and how the state ought (...) to authorize certain religious sentiments, with respect to socially resonant religious issues and events. Drawing on concrete historical episodes from colonial India and postcolonial Pakistan that allow a problematization of ‘religious sentiments of Muslims' in relation to the controversial religious views of the reformist Ahmadiyya movement, this paper further demonstrates the elasticity of the modern state to accommodate and embed a range of religious sensibilities, affects and emotive responses through legal arguments about public order. (shrink)

In the twentieth century, the Russian Empire acted as a country where the state religion - Orthodoxy - was legally established. According to the census of 1897, the number of Orthodox Christians was 87.3 million, or 69.5% of the population. The Synod of the Russian Orthodox Church in its report for 1902 stated: "The Orthodox Russian people, who by nature deeply believe, consider all phenomena of life not only family and social, but also state life only in (...) the light of faith" However, already in 1916 the Synod in the definition No. 676 acknowledged that a mass fallout from faith began. And a year later the "deeply religious people" will betray their Church and, on the whole, enthusiastically accept the communist ideology that proclaimed religion as "the opium of the people", "the heart of the heartless world", "the spirit of soulless order", "the sigh of the oppressed creature". In this case, if "the sufferers for the faith were thousands, then the apostates are millions". (shrink)

The article analyzes the interaction of Orthodoxy and the state and its role in asserting national identity in the context ofRomania’s modernization process. I have developed the concept of tendential modernity for studying the distinctive nature of Romanian modernity Modernity in Romania focused primarily on national and geostrategic problems, due to the absence of a state encompassing all Romanians. The Orthodox Church had been recognized as a symbol of national identity, therefore it was included among the (...) class='Hi'>basic institutions that would support the national project, in order to serve the new purposes imposed by modernity. In the context of the modernization process undergone by Romanian society, the church is not separated from the state, but becomes a church of the state, a church whose prerogatives are established by the secular power; thus the church is defined as an institution that is embedded in the process of modern change decided by the state. As a matter of fact, modernity itself was ambivalent and ambiguous, which influenced decisively the role of Orthodoxy in the assertion of Romanian identity. (shrink)

The differences of civilizations are based on them. They differ in history, language, culture, traditions, dominant religion, views on the relationship between man and society, citizen and state, etc. "Reduction" of the world at the expense of the latest technologies and means of communication, on the one hand, promotes the formation of "infinity" of the world, eliminates certain features of the people, the nation, and on the other - increases the degree of awareness of the ethnos of himself. (...) The global process of economic modernization and its associated social change weakens peoples' ties to a particular place of residence, diminishes the role of the state as a place of origin. But in this globalized space, one cannot help but feel the need to identify himself as distinctly different from others. (shrink)

This book examines matters of religious freedom in Europe, considers the work of the European Court of Human Rights in this area, explores issues of multiculturalism and secularism in France, of women in Islam, and of Muslims in the West. The work presents legal analysis and ethnographic fieldwork, focusing on concepts such as laïcité, submission, equality and the role of the state in public education, amongst others. Through this book, the reader can visit inside a French public (...) school located in a low-income neighborhood just south of Paris and learn about the complex dynamics that led up to the passing of the 2004 law banning Muslim headscarves. The chapters bring to light the actors and cultures within the school that set the stage for the passing of the law and the political philosophy that supports it. School culture and philosophy are compared and contrasted to the thoughts and opinions of the teachers, administrators and students to gage how religious freedom and identity are understood. The book goes on to explore the issue of religious freedom at the European Court of Human Rights. The author argues that the right to religious freedom has been too narrowly understood and is being fenced in by static visions of Islam. This jeopardizes the idea of religious freedom more broadly. By becoming entangled with regional and domestic politics, the Court is neglecting important nuances and is jeopardizing secularism, pluralism and democracy. This is a highly readable and accessible book that will appeal to students and scholars of law, anthropology, religious studies and philosophy of religion. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Romanian Cultural and Political IdentityDonald R. KelleyThe Journal of the History of Ideas, in collaboration with other institutions, including the Universities of Bucharest and Budapest and the Soros Foundation, recently sponsored the second in a series of international conferences being planned on topics in current intellectual history. (The first, “Interrogating Tradition,” was held at Rutgers University, 13–16 November 1997.) The Romanian conference, which was held in the Elisabeta Palace (...) in Bucharest (27–31 May 1998), was devoted to “Culture and the Politics of National Identity in Modern Romania.” Over forty scholars, mainly from Romania but some also from the U.S., France, Germany, and Hungary, gathered to discuss a variety of questions about Romanian society, past, present, and speculative future; and they were joined by at least as many visitors, especially students, from the local area and beyond.Topics discussed included politics, language, economics, historiography, religion, education, philosophy, ideologies, intelligentsia, particular intellectuals, minorities, and women (though not Gypsies or gays). Under this riot of rubrics a wide range of questions were posed in interdisciplinary fashion, with frequent, sometimes impassioned interventions. What is—was, might have been, can be—Romania? Who is a Romanian (and who not)? What is Romania’s relation to the West and the East? (And what are the “West” and the “East”?) To modernity, to modernism, to modernization? What is—has been, should be—the function of intellectuals, of political and cultural elites, in understanding the Romanian past and in setting a course for the future? What, more generally, is the role of history in answering such questions? Or is history perhaps (as Karl Krause remarked of psychoanalysis) the disease for which it claims to be the cure?Keith Hitchens’s keynote address suggested that rehashing old essentialist debates might not be productive at millennium’s end, but the conference itself could not avoid some excursions down the paths of memory and myth. For historians, Western historians anyway, Romania seems to have too many pasts. Located at the juncture of four previous empires, Romania is a mosaic, or perhaps a pandemonium, of ethnic, religious, economic, and ideological groups that can only imagine, or invent, a nationality. Geographically (and in many ways culturally) remote from the West, Romania for a long time (as Sorin Antohi remarked) lacked both a public sphere and a civil society; and suffering “a Counter-Reformation without a Reformation” (Alexandru Dutu’s phrase), it has not enjoyed a tradition of religious or ethnic toleration. Nor have either the Germans or the Jews (as Glass said) found their own unity within the changing borders of the modern Romanian state. Not until the nineteenth century did Romania develop, out of its Boyar background (as Siupiur argued), an intellectual elite that could create a modern national history and help turn “peasants into Romanians” (Antohi’s phrase); and even then this elite seemed more attracted to conservative [End Page 735] (Herder, Savigny, Burke) than to liberal views of autochthonism. Many features of Western modernity, such as Newtonian science, reached Romania late, and indeed there was a retrograde movement against liberalism under the aegis by orthodox religion. In any case this intelligentsia has been as fragmented and multiform as the Romanian past itself. True, some Romanian scholars like to posit a mainstream tradition, “excesses aside,” as one speaker put it—but how, asked another, can historians put “excesses” aside from the devastating perspective of this century?Political and cultural self-examination was the dominant theme of this conference. Nationality, said Pippidi, depends on three factors, viz., name, language, religion, and territory. The Romanian name dates from the tenth century, indicating a separation of the Roman from the Greek tradition in Wallachia; and from the seventeenth century the idea of a mainly Roman provenance was given privilege. As a language, “Romanian” was spoken in the late Middle Ages, but the first written document is dated 1521. The principal religion in Romania was and is Greek orthodox, although there are also Roman Catholic, Jewish, Islamic, and German Protestant communities, as well as the Uniate church created in the eighteenth century. As for the territory, this has been a matter of change, conflict, and confusion throughout the tragic course... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Fulfilling Mitzvot through the Practice of Lovingkindness and WisdomDavid J. GilnerSince it has been more than forty years since I last wrote a paper in comparative religion, I have chosen not to attempt a scholarly paper. Rather, after a biographical sketch, I will discuss examples of Jewish texts that underpin my choice to pursue a path that includes practices drawn from the teachings of Tibetan Buddhism, and explain how (...) I plan to teach these practices within traditional Jewish settings.I grew up in Brooklyn, New York, in a Jewish family that identified with the Conservative movement. When I turned five, I was sent to a modern Orthodox yeshiva. For three and a half hours each morning, first five, then six days a week, I studied a comprehensive Jewish curriculum—taught in modern Hebrew—which included Bible, commentaries, Talmud, history, grammar, and the laws and customs of Ashkenazic Jewry. At fourteen, I left the yeshiva to attend a nondenominational Christian prep school. This seemingly radical change in schools and religious traditions occasioned no significant intellectual conflicts or spiritual anxieties. By fourteen, I sensed that religion was something people were born into; it was one of the cards life dealt you at birth.My sophomore year at Emory University saw the beginning of my interest in Buddhism. I began to practice Sōtō Zen sitting (zazen), and, in my readings, stumbled upon the koan Mu, which occupied my attention in and out of meditation for several years. I became a religion major and was particularly interested in modern Japanese religions. However, my advisor discouraged me from pursuing this interest in graduate school and suggested I build further on my strong traditional Jewish education, which is how I came to Hebrew Union College in 1972 to pursue a PhD in biblical and ancient Near Eastern studies.It was at that time that I began to practice Transcendental Meditation, and, subsequently, the TM Sidhis program, a practice that took, on average, three hours per day, and four and a half hours on days when I did group practice. Not finding a job teaching Bible led me to library school, after which I returned to Hebrew Union College in 1977 to work as a librarian. I became involved in interfaith community outreach, and lectured, led Bible study groups, and conducted Passover seders at local [End Page 27] churches, toward the goal of enhancing interfaith dialogue and understanding in the community. At this time I was fortunate to become friends with Paul Knitter, then a professor at Xavier University.In 1997, after twenty-five years of dedicated twice-daily practice, it became clear to me that I was "attached" to my TM meditation program and that this attachment was hindering my growth. I put my TM Sidhis practice aside and went back to zazen. Soon, I became associated with the Dzogchen organization led by Lama Surya Das, and trekchö became my basic practice. As a member of the online "three-year mandala program," I received a cassette-based education in various Tibetan meditation practices, which included my first experiences with visualization, as part of Tara and Machigma practices.In 2001, I learned of many unfilled requests sent to Hebrew Union College by small congregations asking for students to lead High Holidays services, so I volunteered. For the past ten years, I have served as the High Holidays rabbi at Congregation Tikkun Olam in Woodstock, Illinois. The phrase tikkun olam, often translated as "repairing the world," has become popularized in Jewish culture over the past two decades.In 2003, a friend sent me a teaching tape by Lama John Makransky on loving-kindness practice. My immediate gut reaction was that everything else I had done for thirty-five years was preparation for this teaching. I attended several courses in which Lama Makransky taught practices to cultivate innate lovingkindness and wisdom, and in 2007 I was privileged to attend the week-long course in which he taught his then forthcoming book Awakening through Love: Unveiling Your Deepest Goodness. Since then, I have attended other courses taught by Makransky under the aegis of the Foundation for Active Compassion. Within the realm of Ati Yoga, I think it... (shrink)

In June 2015, in Obergefell v. Hodges, the Supreme Court of the United States determined that there is a fundamental right to marriage that extends to same-sex couples. This Article analyzes the Obergefell decision in light of the Court’s 2014 decision in Burwell v. Hobby Lobby regarding religious protections that might by analogy be afforded under state Religious Freedom Restoration Acts. In particular, the article considers whether a government official may claim the right to religious freedom (...) to deny issuing marriage licenses to same-sex couples. Additionally, the article suggests that a new standard for the separation of church and state may be required. Although the 2015 decision prevents the government from denying marriage to same-sex couples, the decision does not directly affect private businesses that choose not to provide services for same-sex weddings. It may, however, have an important indirect effect if laws are already present that prohibit sexual orientation discrimination. Therefore, the article explores possible avenues for protection from private. (shrink)

Cosmopolis A Review of Cosmopolitics -/- 2015/3-4 -/- Editorial Dominique de Courcelles & Paul Ghils -/- This issue addresses the general concept of “spirituality” as it appears in various cultural contexts and timeframes, through contrasting ideological views. Without necessarily going back to artistic and religious remains of primitive men, which unquestionably show pursuits beyond the biophysical dimension and illustrate practices seeking to unveil the hidden significance of life and death, the following papers deal with a number of interpretations covering (...) a wide field extending from belief to theory, from emotions to concepts, from the wisdom of personal experience to the most sophisticated doctrines. Spirit and spirituality are indeed many-faceted notions. They may refer to the intricate world of the interacting spirits which inhabit living beings in animistic traditions, without excluding a “grand force” linking human beings within a dynamic whole on which their very existence rely . They also bear upon more atomistic and either/or approaches of Western philosophy, which have become embodied in Cartesian dualism against a monotheist background, to the point of freezing the essence of individuals and culminating in the extreme individualism that characterizes our contemporaries. However, this equally refers to the opposite conception of materialism, across times and cultures, from ancient India and Greece (Cārvāka, originally known as Lokāyata, or some Buddhist doctrines for the former, Democritus or Lucretius for the latter) to more contemporary materialistic schools, whether modern or postmodern. -/- The following papers look at the contrasting forms of the philosophy and spirit of the human factor set into a whole, with no artificial disjoint between the psychical and the physical levels, as Wittgenstein put it: “And how can a body have a soul?”. This approach is not unrelated to the notion of anthropocene examined in a recent issue of Cosmopolis, with provides another comprehensive framework open to a spiritual life emerging from the very environment that generated it. -/- *** The first section of this issue was edited by Dominique de Courcelles, director at the National French Research Centre (CNRS), whom we wish to thank for collecting relevant studies relating to the religious and political questions, with a view to focusing on the war of ideas inevitably waged behind images, concepts and perceptions, taking an asymmetrical approach. To the extent that they are mindful of global/local interactions and include representations, opinions and beliefs, such disciplines as philosophy, philology, history and social sciences can provide useful studies accounting for new practices in geopolitics and a fair diplomacy. -/- In her introduction, Dominique de Courcelles first poses the question of how the religious and political spheres interrelate, with their corresponding religious demands and humanistic values. She then suggests that the right question today may be breaking with the philosophy of human rights concerned with the defense of human beings against the hazards of arbitrary politics or the instrumental use of religion, in favour of a fair philosophy of humankind, a new humanism. This would consist in recognizing a common loyalty of all towards one interhuman, not only interstate community, to protect it from both the autonomy demanded by individuals and the instrumental use of minorities. -/- Considering the fact of diversity, so important today in terms of both politics and religion, Abdelhai Azarkan looks at the conditions under which tolerance could obtain the double status of right and duty. He revisits to two philosophers, John Locke and Voltaire, who thought about it from the historical reality of religious wars. The former made tolerance into a right, basing his analysis on the political-legal level, while the latter saw tolerance as a duty, from an analysis based on ethical-political criteria. -/- Mathieu Guidère examines what he calls semantic denominationalism, a term which implies religious attributes and identities, whichever national loyalties or personal belonging they may have at the same time. Since the early 2000s, thie phenomenon has expanded tremendously, compounded by the “war on terror” and the over media-oriented terrorist actions. Denominational expressions act as formal names for ordinary and high-profile players in domestic and foreign policies of democratic states. These systems reveal a receding secularization, while the powerful comeback of religious identities signals the failure of nation-states and the weakening of the humanist spirit. -/- Barbara De Poli retraces the history of a contemporary jihadism claiming its Islamic essence and asserting the truth of genuine coranic principles via the war on infidels, with a view to restoring the Caliphate. After defining the term jihad, she shows that even if this contemporary jiadism is spreading in the Muslim world, it radically departs from Islamic law and the received use of the term jihad, in so far as it is rooted in the early radical thinking of Islamic ideologues in the 20th century, starting with with Hassan al-Banna, the founder of the Muslim Brotherhood. This current has been fueled by by international conflicts since the outbreak of the war in Afghanistan, in which the so-called Western countries bear a major responsibility. -/- Abderrazak Sayadi starts from the Tunisian experience to ask the question of humanist values and democracy within the relationships between the religious and political spheres. As a historian of religion, he is brought to demystify certain islamic principles and to paying attention to the reform of law, seeing the separation of religion and politics as a precondition to a successful democratic gamble and the establishment of a renewed humanism. -/- Dominique de Courcelles reminds us that getting a better knowledge of narrations and words makes it possible to better understand how logical and rhetorical thinking works for those who wage an asymetriccal war, re-enchanting and mystifying the world to better take control. As soon as 1932, an exchange of letters between Einstein and Freud made it clear that, in order to free man from fatality and war, education understood as culture was fundamental. Such illustrations as the exécution of Oussama ben Laden and the Caliph’s speech in Mossoul show that a premiminary analysis of images and words is essential to a fair diplomacy conducted by people from civil society, whose culture and wisdom allow justice and force to speak together and better resist war. -/- Marcel Boisard thinks that on the day the guns fall silent, exhausted by war, we will not return to the state borders that have prevailed for a century as an outcome of the Sykes-Picot agreement of 1916. It is time to prepare the “day after”, which will be a huge challenge. To this end, a summit of Middle-East nations is urgently needed to globally decide the fate of those peoples. On the condition that we know who the enemy is and accept to name it, to understand the history of the countries, groups and alliances, and to question any false or self-interested sense of certainty. -/- *** In the second section, Paul Schafer provides the author’s experiences to explain how culture, from the artistic to the biological, has the power to to open the doors to spirituality, from the inner self to the global environment. He asks himself whether a relative permanence of spirituality can arise from the specific moments that characterize it. Laurent Ledoux synthesizes the conclusion of a symposium held on 22 January 2015 on the links between philosophy and management, on the basis of the spiritual dimension conceived as “natural” and the answers it may suggest to the issues that face the organizations in a “contemporaniversal” world. Jacques Rifflet makes that question in a secular perspective, based on the wellsprings of personal commitment before it can be caught by any religious creed or scientific theory. In this sense spirituality, in alliance with reason, both inspires human consciousness and illuminates its destiny. Sami Aldeeb asks himself whether Islam can be reconciled with human rights. Caught between the belief in an absolute and final Word descended from the sky, and evidence showing that any religion is the creation of a given culture and a society situated in time and space, the Makkan and … contexts et médinois call for differentiated, if not opposite answers and exegeses. Bernard Carmona provides the outline of a dialogical framework, which is known to be a feature of debates between the various philosophical schools of classical India, exemplified here by the transdisciplinary perspective of debates within a Buddhist context. *** The articles not focused on the previous topic include a study by Landry Signé on China’s strategy, competing with the United States to control African resources. The author deals with the specific case of China’s rapprochement with Southern Sudan since Sudan was broken up. In the last paper, Goran Fejić and Rada Iveković, return to the essential role that women should play, and comments upon the role of some international legal instruments related in particular to the elimination of all forms of discrimination. The perspective is transnational and transethnic and is based on secular criteria, as regards nation-building and more generally society-building. Considering the persistence of widespread violence, whether in times of armed conflict or in times of peace, the question remains whether it is possible to fully implement rights and justice instruments. (shrink)

In many countries of the world, courses on religious teaching start from preschool and continue from first grade until the last grade. Regarding the scope and models of these courses there are different applications in various countries. As for our country, the Religion Culture and Moral Knowledge course is compulsory with the 24th article of the 1982 Constitution. Although, in the relevant paragraph of the constitution, the expression of “Religious culture and moral education is among (...) the compulsory courses taught in primary and secondary education institutions” is wide enough to cover both primary and secondary education, this course is taught from the 4th grade of primary school in practice. In the 19th National Education Council held in 2014, a recommendation was made for teaching the Religion Culture and Moral Knowledge course at the 1st, 2nd and 3th grades of primary school. However, there is no experience and educational background related to religious education at these classes. It is obvious that primarily academic studies that will form the basis of this field are needed. Based on this idea, this study aimed to examine a religion course given at the 1st and 2nd grades of primary school through a sample textbook. Accordingly, Mein Islambuch 1/2 textbook prepared for Muslim children in Germany was analyzed by document analysis in terms of its content features. Analysis themes determined in this direction were as follows: “Individual and Social Focused Issues”, “Belief in Allah-Creation Issues”, “Faith-Worship Issues”, “Prophets-Qur’ān Issues” and “Religions-Holidays”. The main question of the research was: “What are the content features of a religious textbook for Muslim students written at primary school levels?” With the results revealed by this research, it is expected to shed light on the studies to be carried out for a course likely to take place at these grade levels in our country. Basic findings of the study, obtained within the scope of the five analysis themes, are as follows: Within the scope of individual and social focused issues, emphasis was identified that Muslim students living in a multicultural society should recognize and introduce their own identity while trying to recognize their interlocutors. It is also emphasized in the book that although there are disagreements with siblings and friends from time to time, they should discover each other’s common aspects. In addition, it was also seen that an ideal Muslim family life is depicted as family elders are valued, parents and children share domestic responsibilities, the family spends time together effectively, and the children can perform some works independently. In the context of belief in Allah-creation issues, the names and attributes of Allah are given and illustrated by various visuals, verses and poems supporting the subject that Allah created the whole universe and possesses infinite power and might. It is also stated in the book that it is impossible to see God by eye but based on what He created His power can be seen and felt. It was determined that this content is presented in a level and scope in which seven-toeight-year-old children can recognize and discover the universe with their own experience, in accordance with their age, experience and level of development. (shrink)

The current research paper seeks to investigate how Evangelicals and Pietist, the most fervent of Protestants sought to ‘educate’ the masses outside the educational framework of ecclesiastical and state structures within the Hungarian Kingdom. More specifically the study intends to offer a concise overview of the history of Protestants who spread the gospel through the distribution of affordable Bibles, New Testaments and Christian tracts. It shows how various denominations worked together as well as directs attention to their theological outlook (...) which transcended ethnic boundaries. It is a well-known fact in mission and church history that such undertakings were carried out to stir revivalism. The study also throws light on how influential role the Scottish Mission as well as Archduchess Maria Dorothea played in stirring revivalism through the aforementioned means. The history of these kinds of endeavours, especially that of the most significant ones like the work of the British and Foreign Bible Society and Religious Tract Society has not been treated adequately by historians of religion and education, intellectual historians and social historians. This research output is a contribution to give an account of the multi-ethnic and transdenominational work of Hungarians, Jews, Germans, Slovaks and Romanians working for a common goal. (shrink)

The article of N. Kulish "Improvement of legal normalization of church-state relations in Ukraine - an important condition of the implementation of freedom of conscience and religion by believers" analyzes the impact of legal normalization of issues of the religious education on modern believer.

When the Church of Sweden ceased to be a state church in the year 2000, the parameters for a change in the relation between academic theology and religious studies ( religionsvetenskap ) at the state universities in Sweden was in place. My article, which is intended as a contribution to the sometimes unnecessarily agonistic discussion following the sharp critique levelled by the Swedish National Agency for Higher Education (Högskoleverket) in 2008, focuses on two (...) class='Hi'>basic oppositions underlying the present discourse, namely the tension between the expectation of economic utility and the ideal of a free search for knowledge; and that between, on the one hand, confessional neutrality and, on the other hand, the education of priests and pastors. As a conclusion, I suggest a way forward in three points: 1. The education of priests for the Church of Sweden must change as a result of the abandonment of the state church system. 2. At the same time, the state system should nurture a more positive attitude toward theological reflections developed at nongovernmental university colleges. 3. Thirdly, the interrelationship between secular religious studies at state universities and the tradition specific theologies developed at private university colleges could be essential for the balancing of the demand of economic utility and the principle of academic freedom as it concerns religious studies. (shrink)

The cultural policy of the Roman Catholic Church in Poland is incorporated into state-run cultural policies. The organs of public authority enforce the objectives of Church regardless of Church’s actual ability to influence the society. It should be pointed out that the secularization of religion in Poland is frequently misinterpreted and usually equated with its deprivatization. It is worth mentioning that Catholicism is the dominant religion of the country and the Roman Catholic Church has hold (...) a special position in Poland and play a major role in the country’s social and political life. In practice, however, Polish society appears to be religiously indifferent. This paper proves that the official, state-run cultural policy in Poland is based on favoritism of the Roman Catholic Church, regardless of Church’s actual ability to wield influence on society. Thus, there is a variety of implicit and explicit cultural policies implemented by the authorities to support Church. This work also aims at addressing the question of social attitudes to women, especially the one concerning the UN and EU law embracing women’s rights, until recently still not implemented in Poland. This paper further explores some peculiarities of this topic as an example of a specific outcome of Church cultural policy and its impact on both the past and present-day society. (shrink)

The sources of religious tolerance but also of religious nationalism in post-soviet Russia can be found basically in the group identification of nationality and religion. In crisis situations, the historical religion of the Russian society - Orthodoxy - becomes the criterion for identifying the national identity. However, despite the fact that the majority of Russians in our times consider themselves Orthodox, many of them are not believers. The observable effect of the “external belief” results in the fact that (...) the religion tends to become a matter of personal choice and an individual value. It assumes a nationalistic function and to become an ideology. As a result, the political elite considers religion as a means of achieving different non- religious purposes. The Russian Orthodox Church, the official church, is compelled to take this fact into consider- ation and even support it. This is why religious intolerance and religious nationalism in modern Russia are often directed towards religion. (shrink)

Ex interiore ipso exeas. Preface. This book reconstructs the history of a still open dialectics between several ethoi, that is, shared codes of unwritten rules, moral traditions, or self-aware attempts at reforming such codes, and ethical theories discussing the nature and justification of such codes and doctrines. Its main claim is that this history neither amounts to a triumphal march of reason dispelling the mist of myth and bigotry nor to some other one-way process heading to some pre-established goal, but (...) instead to a chain of controversies where the partners’ will to win unintentionally yields a wealth of insights on human existence that has still something to teach us. -/- 1. The Hellenic moral tradition. -/- Two different traditions of morality in vi-v century Greece are described. The birth of philosophical questioning of traditional morality and temporal and spatial variation of custom is described within the context of the v century crisis, the demise of traditional aristocratic and tyrannical rule and the birth of democracy. Two conflicting answers to the challenge are reconstructed, namely conventionalist or immoralist theories formulated by the Sophists and the eudemonist and intellectualist Socratic theory. -/- 2. Plato and the Good. -/- Plato’s own reformulation of Socrates rejoinder to the Sophists is reconstructed. His psychological views, his classification of the four cardinal virtues and his political theory are described as parts of a unitary system, culminating in an extremely realist moral ontology identifying the idea of the good with the essence of the (moral and extra-moral) world itself. -/- 3. Aristotle and practical philosophy. -/- Aristotle’s invention of practical philosophy as a field separated from first philosophy is shown to be an implication of his break with Plato moral ultra-realism. Aristotle’s agenda in his moral works is arguably dependent on a polemical intention, namely dismantling Socratic intellectualism. The semi-inductive or virtuously circular method of practical philosophy is illustrated, starting with the received opinions of the better and wiser individuals and trying dialectically to sift what is left of mistake and inconsistency in such opinions, finally trying to correct mistakes and make the overall practical science more consistent. The relationship of individual ethics, or ‘monastics’, with the art and the science of the pater families, or ‘economics’, and the science of the ruler and citizen, or politics, is illustrated. The nature of virtues, or better, excellences of character, is discussed, highlighting the basic role of hexes, or ‘dispositions’. Prudence, or better, practical wisdom, is the focus of the chapter. Its relationship with boùleusis or deliberation is discussed, and its autonomous status vis-à-vis theoretical knowledge is stressed. -/- 4. Cynics and Stoics: ethics as therapy. -/- The chapter provides an overview of Hellenistic ethics, which almost amounts to Hellenistic schools of philosophy, in so far as ‘philosophy’ became in these centuries primarily the name for a way of life. The typical character of the Cynical movement is highlighted, that of a school of life, not a school aimed at providing any kind of intellectual training was to be provided. The various phases of Stoicism are described, and the shifting place that was given to ethics in the Stoic system of idea, culminating in the paradoxical view of ethics, its impossibility in principle notwithstanding, as the only truly significant and necessary part of philosophy. The peculiar character of the Epicurean school is described, a combination of the science of well-being aiming, more than pleasure understood as in the popular view, the reduction of useless suffering, of unnecessary needs, and at a balanced selection of pleasures of the best and most durable kind. -/- 5. Roman and Imperial Moralists. -/- The chapter is dedicated to the reconstruction of a particular kind of literature, whose specific features have long been under-stressed, namely the Roman and Imperial moral literature. Cicero is treated at some length, showing how his own synthesis of various Hellenistic trends is as a truly philosophical enterprise, deserving serious consideration after one or two centuries when he was confined to the role of literate. Epictetus is given pride of place, stressing the novelty of his approach to ethics as cognitive therapy, in this case just following an already existing new wave of interest after nineteenth-century oblivion justified by alleged lack of authentic ‘philosophical’ character. -/- 6. The Hebrew moral tradition. -/- A reconstruction of basic ideas from a few books of the Hebrew Bible is provided, starting with the Prophetic tradition and the focus on God’s mercy as the source of motivation and standard for human behaviour. Then a comparative analysis is undertaken of a parallel tradition, namely the three codifications of the Torah (Law or, better, Instruction), highlighting how a core of moral ideas may be recognized as a basis and preamble of codification of civil law, cultural practice, and regulation of ritual purity. The importance of Levitic is stressed as the turning point when the stress on mercy, typical of the Prophetic tradition, starts being combined with legal tradition yielding the change in the sensibility of the Second Temple time. -/- 7. Second Temple Judaism. -/- This chapter describes the Long March leading from the post-exile Zadokite restoration to the first-century aevi vulgaris. The first topic reconstructed is the Zadokite theology of the double retribution. The second is the alternative Enochic tradition consistently rejecting the central role of the Temple, the Priesthood and worship as atonement for sins and offering as an alternative God’s unlimited mercy and preaching mercy, not sacrifice as the way of behaving requested by God. Wisdom literature, the third subject discusses, is a kind of third way, on the one hand increasingly critical towards the double retribution and ruling theology’s optimism facing the world as it is and on the other mocking at the Enochic current as a band of dreamers and visionaries. The third way consists in disenchantment facing the word as it is combined with a refusal of vain and childish hope of prizes for the righteous, suggesting instead the leading idea of right deeds for righteousness’s sake. Rabbi Hillel, Rabbi Yeshua and Philo of Alexandria are described as the three leading figures at the culminating point of such process of emergence of a new sensibility, gradually including mercy as an essential part of justice and establishing the starting point of both the Rabbinic and the Christian tradition. This starting point consists precisely in the precept of one’s neighbour’s love or of the golden rule, whose meaning is, arguably, more consistent than a long-lasting Christian tradition deriving from John and Augustine made us believe. And Christian morality, vis-à-vis allegedly legalist ‘Ancient Testament’ teachings, is less of a novelty than most early Christian writers announced. -/- 8. Talmudic moral doctrines and proto-Christian paraenesis. -/- The first three sections examine the moral doctrines of so-called 'ethical Treaties' from the Talmud, a group of treaties, among which the best known is Pirke Avot, that were left out of the six "orders" of the canon as they did not fit in any of the six groups of issues ritual or legal on which the division was based. According to Maimonides, their peculiar theme is provided by the Deot, 'opinions', i.e., mental dispositions, that is, the translation of the Greek term hexes and Arab akhlak (in turn providing in this language the name for ethics as such). The three topics I reconstruct are: i) the notion of Torah: The Torah is understood as the world order itself, or as the ‘Wisdom’ that existed even before creation and was "the tool by which the world was built"; however, the Torah is an earthly and human entity, as it was "received" by humans, and from that very moment belongs to them; ii) the relationship between love of God and love of neighbour; the treaties require us to study and practice the Torah ‘for its own sake’, that is, require us to act out of love, not out of fear or hope of reward; iii) the idea of sanctification of daily life: having disappeared with the destruction of the Temple the possibility of any conflict between liturgical service and everyday life, the latter is assumed to be in itself divine service: to give food to the poor has the same value as sacrifices in the Temple, and as an implication, the insistence become recurrent on the goodness of created things in themselves along with a polemic against ascetic currents. The conclusions drawn are: i) the moral teachings of the Talmud and those of Yeshua are, rather than similar, virtually identical; one may safely say that the precept of love and the golden rule are central ones for all Talmudic rabbis, that mercy plays an indispensable role alongside with justice, and the latter is not a different thing from one’s neighbour’s love; ii) a peculiarity of Talmud rabbis facing Yeshua is the idea of study as worship, and knowledge as a source of justice; but this is an idea of Judaism after the Temple's destruction that cannot be attributed to the Pharisees of Yeshua’s time; iii) the relation of study and practice in the Talmud parallels that between faith and deeds in Paul's epistles, that is, respectively faith or learning are a necessary and sufficient condition to be recognized as righteous, but deeds are the inevitable effect of either faith or learning. The last two sections examine first the various Christian currents and then Gnostic para-Christian or non-Christian currents as well as Manicheism. The sayings ascribed to Yeshua are examined first, yielding the conclusion that a close equivalent may be found for every saying in Talmudic literature and yet the whole is ascribed to one rabbi, with rather consistent stress on God’s mercy and unconditional forgiving as the mark of true imitation of God. Thus, Yeshua’s teaching is pure, purest Judaism. The last section describes briefly the galaxy of Gnostic currents and Manicheism, trying to sketch the profile of moral teachings resulting from an encounter of Asian spiritual traditions, Hellenistic lore and sparks of teachings from apocalyptic Jewish currents. -/- 9. Christianity as “philosophy”. -/- The chapter reconstructs the stormy story of several encounters between Christian currents and Hellenistic philosophical schools. The first one was with late Cynicism. Recent, rather controversial, literature discovered the jargon and several rhetorical topics from the Stoic and Cynical popular philosophy in a few books from the New Testament itself. This, far from proving that Rabbi Yeshua himself had been influenced by cynical preachers, is a proof of the necessity to translate the original Christian message in a Greek lexicon deeply impregnated with cynic terminology. The second was with Platonism, yielding the mild and temperate moral teaching of Clemens of Alexandria, teaching the sanctity of nature and the human body, the joy of moderate fruition of ‘natural’ kinds of pleasures, and the beauty of the marital life – in short, the opposite of the standard picture of Medieval Christianity. Ambrose of Milan brings about a different kind of synthesis, namely with Middle Platonism, where Stoic themes prevail. The most shocking case is Augustine, where early Manichean education is overcome in a former phase by a synthesis of Plotinian Neo-Platonism and Christian preaching, yielding a sustained polemic with the Manicheans and rather optimistic views on life and Creation, the body and sexuality, and Hebrew-Judaic tradition not far from Clemens of Alexandria. In a later phase, occasioned by controversy on the opposite front, with such Christian currents as the Pelagians and Donatists, Augustine comes back to heavily anti-Judaic and world-denying ascetic attitudes where is earlier Manichean upbringing seems to emerge again. The tragedy of medieval Christianity will be the later Augustine’s overwhelming influence. A final section is dedicated to the monastic tradition where a curious mixture of world-denying asceticism with an astonishingly penetrating ‘science’ of introspection emerges. -/- 10. Ethics in the Arabic-Islamic Philosophy. -/- The Qurān and the qadit, that is, collections of sayings ascribed to the prophet Muhammad contain a wealth of precepts and catalogues of virtues mirroring moral contents from the Jewish and the Christian traditions, among them the basic notion of imitation of the Deity, where mercy is assumed to be its basic trait. An important tradition within Islam, namely Sufism, stressed to the utmost degree the role of mercy, turning Islam into a mystic doctrine centred on the retreat from the world, abandonment to God’s will, and a peaceful and fraternal attitude to our fellow-beings. A secular literary tradition originating in the Sassanid Empire, the literature of advice to the Prince, had for a time a widespread influence in the newly constituted Arabic-Islamic commonwealth. In a later phase, the legacy of Hellenic philosophy made its way into the intellectual elite of the Islamic world. The first important legacy was Platonic, and the Republic became the main text for Islamic Platonism. In a second phase also Aristotelian and Stoic influence were assimilated. Miskawayh’s treatise was the masterwork at the time Arabic philosophy reached its Zenith. It is a treatment of the soul’s diseases and their remedies, combining the Aristotelian doctrine of the golden mean with the Stoic doctrine of the passions and elements of Galenic medicine. Towards the eleventh-twelve centuries, a war raged among theologians and philosophers, finally won by the former with the disappearance of philosophy as such. The newly established mainstream, yet, was no kind of intolerant fanaticism. It drew from the work of mystic theologian Al-Ghazālī, the best heir of Sufism, teaching a tolerant and peaceful attitude to our fellow-beings and a passive attitude to destiny as an expression of the Divine will. -/- 11. Ethics in the Jewish philosophy. -/- The encounter between the Talmudic tradition and Hellenic philosophy had taken place for the first time in Alexandria at the time of Philo but the two traditions had parted way again. In fact, the kind of Platonic Judaism founded by Philo survived only within Christianity, in the fourth Gospel and then in writings by Clemens of Alexandria. The Talmudic literature had absorbed too a few traits from the Hellenic Philosophy, namely an idea of ethics as care of the self and a role for the education of character as propaedeutic to theoretical knowledge. In the Arabic-Islamic world, a second round started when Jewish authors writing in Arabic undertook the task to prove the full compatibility of the tradition deriving from Tora and Platonic philosophy. The culmination of this attempt is provided by Moshe ben Maimon who tried to use Aristotelian ethics as a language into which the teaching from the Pirke Avot could be translated. -/- 12. The practical philosophy revival in Latin Europe. -/- A reconstruction is carried out of a fresh start of philosophical ethics in Latin Europe at the turn of the Millennium rescuing a Platonic and Augustinian legacy, with Anselm and Peter Abelard. In this phase remarkable innovations are introduced, including Abelard’s claim of the obliging character of erring consciousness. In a second phase, the rediscovery of Nicomachean Ethics thanks to Latin translation of Arabic versions, gives birth to a new wave of ethical studies, recovering the very idea of Aristotelian practical philosophy, with the potential implication of a full legitimization of natural morality, i.e. ethics without Revelation. -/- 13. Scholastic practical philosophy: Thomas Aquinas. -/- Aquinas’s ethics is theological ethics out of which it would be vain to try to extract self-contained philosophical ethics. His treatment of topics in philosophical ethics, yet, does not boil down to the repetition of Aristotelian arguments but is rather a creative reshaping of such arguments. For example, he introduces also in the practical philosophy a first principle parallel to the principle of non-contradiction; and he also carries out a synthesis of Aristotelianism, Stoicism, neo-Platonism. Even though it is essentially moral theology, Aquinas’s doctrine - unlike Augustine – grants full citizenship to "natural" morality, firstly by rejecting the claim that the corruption of human nature due to the original sin is so radical as to leave pure nature incapable of moral goodness. The doctrine is presented in a more sophisticated formulation in a few of the Quaestiones such as De Malo and De Veritate, in the Summa contra Gentes and in the commentaries to Aristotle than in the famous Summa Theologica, but the latter work includes the only or the largest exposition of some decisive part of the theory. Thus, the Summa Theologica should be read for what it is more than criticized for not being what it was not meant to be. It was not meant to be the brilliant synthesis of all that Reason he had been able to produce with what Revelation had added about which the Neo-Thomists used to dream, but rather a manual for the training of preachers and confessors, where theoretical claims are not too ambitious, and a few serious tensions are left. Besides a jump between the Prima Secundae and the Secunda Secundae, being the former an essay in virtue theory and the latter a handbook for confessors, the most serious tension is perhaps the one between the ethics of right reason presented in most of Prima Secundae and the eudemonistic ethics developed in quaestiones 1-5 of the same part; the alternative ethical theory which also may be found in Augustine, the Stoic view of a cosmic reason eventually coincident with the moral law, was believed by Anselm (followed by John Duns Scotus and William of Ockham) to be incompatible with eudemonism. It is questionable whether Thomas was able to solve the tension proving that it is just an apparent tension, in so far as the right reason and bliss derived from the knowledge of God tend to coincide, but this is just a conjecture. Thomas’s ethics is a virtue ethics, not a law-based one, and moral judgment focuses on the virtues, particularly charity, not on the commandments and even less on absolute prohibitions; Thomas, however, would not have considered a drastic alternative between law and the virtues such as the one which has been advanced in late twentieth-century philosophy to be justified. Nonetheless, when it discusses ‘special’ virtues, it ceases to be an ethics of virtue and becomes a disappointing and often contradictory discussion of legal and illegal acts. Such a discussion takes most of the time ‘reasonable’ middle positions on controversial issues but not the alternative approach that Aristotelianism would have made possible; even when some occasional Aristotelian claim shows up, such as money’s barrenness as a reason against usury, this seems to be made by an author who apparently ignores the Aristotelian Thomas of the Prima Secundae. It is an ethic of human autonomy which recognizes the binding character of the individual conscience and, potentially, even a duty to disobey unjust laws. It is true that what Thomas writes in his discussion of the death penalty and persecution of heretics is simply disgusting, and yet we should blame Thomas the man, not the Thomist ethical theory. Finally, Thomas’s ethics is no way an ethical ‘absolutism’, as both the traditionalist Catholic theologians and secularists tend to believe, but rather an ethic of prudential judgment on the individual case. Exceptions to this approach – or better the result of logical fallacies – are provided by the thesis of the absolute character of negative precepts and of the existence of so-called intrinsically evil acts, a thesis that would simply cease to make sense in the light of Thomas’s own distinction between human act and natural act, carrying consequences that Thomas did not live long enough to draw. -/- 14. Scholastic practical philosophy: John Duns Scotus and William of Ockham. A reconstruction is carried out of the ethical doctrines by both most authoritative Franciscan doctors. Their continuity with Aquinas is vindicated against prejudice carried by centuries of polemics within the Catholic Church and tendentious disparaging of both as forerunners of execrable Reformation. Besides aspects of continuity, also the important novelties are illustrated, first John’s abandonment of Aquinas’s and Augustine’s eudemonism, asserting righteousness for righteousness’s sake, and then William’s explicit defence of the philosopher’s virtues, that is, natural morality, and his solution to the dilemma of God’s omnipotence and the universal validity of natural law extending to God himself. -/- 15. Aristotelianism interpreted by the Magistri Artium. -/- A reconstruction of the until recently forgotten ethical doctrines by the Parisian Magistri Artium, falsely depicted as ‘Averroists’ and either deprecated as heretics or mistaken for predecessors of modern secularism. In fact, they illustrate a view of ‘natural’ virtue as may be understood by human reason without the assistance by Revelation. -/- Etiamsi daremus Deum non esse. Intermediate considerations. Three considerations may be suggested by the story told in the book. The first one is that intellectual histories have been mounted in the past with the same state of mind as one may mount a war chariot. Such constructions are not very helpful as tools for understanding the past. Wars waged in the past have left the field obstructed by ruins not easy to remove even by those historians who have animated by an impartial academic motivation. They have been influenced too by consequences of past emphasis on some authors and damnatio capitis suffered by others, by stratifications left on sources by secondary literature and translations, by allotment of originally close sources to different literary genres, by the monopolization of religious texts by churches with full cooperation by secular scholars who still fear contamination. The second one is that aware or unaware ethnocentrism has carried various calamities to our comprehension of the past. Their last vestiges have surfaced again in the semi-scholarly discussion on the idea of Europe occasioned by the debate on a project of a European Constitution. Mention of Europe’s Christian roots has been the clumsiest move. Proclamations of such roots were so obvious in what they affirmed as they were totally off-path concerning what they omitted, namely that he modern European moral tradition included legacies from Middle-Eastern wisdom, Hellenic philosophy, Roman Imperial legal literature, and, besides, a Jewish legacy in turn incorporating other more ancient Middle-Eastern legacies and which has been partly conveyed by Christianity. And the Islamic-Arabic philosophy too, in so far it made the Nicomachean Ethics available to Latin Christian scholars, is one more of Europe’s roots. The third is that religious traditionalists and secularist fundamentalists have gone hand in hand for a couple of centuries in either extolling or deprecating the allegedly Modern idea of Ethics without God, first formulated by Hugo Grotius with the claim that natural law would still be valid ‘etiamsi daremus – quod sine summo scelere dari potest – Deum non esse’. The facts are, firstly, that this is not an irreligious claim and Grotius was just a pious and meek Christian and, secondly, that it is not a ‘modern’ claim but rather one more formulation of the claim that there is a natural morality, independent of divine revelation, a claim shared by Moshe ben Maimon, Aquinas and William of Ockham. -/- . (shrink)

Normal 0 false false false MicrosoftInternetExplorer4 In this article, we will look at the political philosophical theories of Brian Barry ( Culture and Equality , 2001) and Chandran Kukathas ( The Liberal Archipelago , 2003) and see which consequences both theories have for the Belgian model of church and state. For both authors, the liberal state should be neutral toward religion but they interpret this neutrality in a different way. According to Kukathas, neutrality implies a hands-off (...) policy and therefore, recognizing and financing religions is out of the question. For Barry on the other hand, the state is neutral if equal people have equal opportunities. Consequently, state support for religions and even the recognition of religions is possible, if religions are treated in the same way. However, a hands-off policy is also in line with Barry’s theory. Both from a pragmatic and from a normative point of view, Barry’s egalitarian liberalism seems the most interesting theory as an inspiring source for the evolvement and modification of the Belgian system, towards more fairness and equality. (shrink)

The issue of gender is one of the important indicators for understanding religious interpretations at the individual and social levels. One of the responsible institutions in shaping the gender approach in Turkey are the Faculty of Theologies. The majority of the students who are studying in theology faculties and who will take part in the religious services of the society after completing their education are women. It is clear that the religion and gender understanding of female students (...) of theology faculties will have various levels of influence on the religious and social life of women and men in society, now and in the future. This article, which is studied with a qualitative research method, focuses on the religious and gender understanding of female students of theology faculty. The most basic conclusion reached in this article; the female students of the faculty of theology do not have a homogeneous understanding of religion and gender, they have traditional and modern approaches together. The students are mentally inconsistent and indecisive about many issues related to gender.Summary: Gender perceptions are One of the areas that have changed rapidly with the modernization processes. The issues concerning gender and religion recently have become a matter which is the subject of intense debate in Turkey. Theology faculties also take part as a party to the debates and tensions about gender and religion. This study focuses on the gender and religious understanding of the female students of the Faculty of Theology and to examine the intellectual and material factors that nurture them. The scope of the study was limited to Dicle University Theology Faculty female students. The data of the study was obtained by the qualitative research method. In this article, which takes the religion and gender understanding of female students of Theology Faculty as the main problem; the ontological value of women, the authority of men over women, the paid work and management of women in the public, the change of the Shari'ah provisions on gender with social change, the beating of women and the themes formed in this context are examined.The religious and social status of women in Muslim societies was not shaped by the Qur'an or practices of the Prophet, but by the discourse created by hadith narrations and the influence of economic and political conditions. The development of this discourse was also influenced by the image of the ‘seductive’ Eve and the patriarchal culture of Mesopotamia, which were inherited from the Jewish and Christian tradition.Women's social position within the traditional society structure was legitimized by religious traditions, some of which date back to pre-Islamic times, and by the contribution of the rising jurisprudence and ascetic movements in the historical process and has resisted change for centuries.Nearly all of the female students of the Faculty of theology consider that there is no difference between men and women ontologically in the context of the value that Allah gives to both sexes.According to them, the physical and emotional naivety of women cannot be interpreted as the ontological worthlessness of women or as their lack of intellect and religion.About half of female students think the final decision in the family should not always be in the male.According to them The Prophet's practices on this subject are a very important example. In some cases, he consulted his wives and followed their suggestions. Therefore, narrations that trivialize the thoughts and demands of women in the family have cultural and not religious influences.All female students think that women can work outside the home on a paid basis. Moreover, according to the vast majority of female students, women can be managers in the public sector. The students who are in this view think that the narrations stating that the woman cannot be a manager in the public can be ignored for reasonable reasons. About one-third of female students think that the Shari'a provisions in Islamic law regarding women and family may be able to changed with new jurisprudence, while one-third think that some of them may be able to changed with the change of social conditions. Another view shared by nearly a third of students is that Sharia provisions on gender will not be changed over time. Nearly two-thirds of the female students in the research sample do not approve of beating women under any circumstances. A third of female students think that a woman can be beaten if she disobeys her husband. Some of them are confused about how to interpret the verse about the beating of women.It is unthinkable that the Faculties of Theology, which cannot be an actor of religious social change, stay away from the wind of change of a rapidly modernizing society. The rapid flow of time of change on the one hand, and the absence of a tradition or strategy of the Faculties of Theology on the other, resulted in the Faculties of Theology becoming the object of social change in many contexts. This situation made the Faculty of Theology's understanding of religion hybrid, fragmented and unstable between traditional and modern approaches and quite open to the effect of political conjuncture. In this context, although the understanding of gender in theological faculties is not at the same level in all, it can be said that traditional understandings are in the form of a softened form in favor of modernity.The students of the Faculty of Theology at Dicle University are mostly grown up in the Eastern and Southeastern Anatolia regions and are generally members of the lower-middle societies. In most of the female students who come from a social structure where the social status of women is quite low and girls are regarded as worthless compared to boys, an awareness be formed about the social position of women during the education of the Faculty of Theology. Through the study of the Faculty of theology, female students realize that religion is not responsible for the otherized position of women, but for religionized traditions. Two main factors determining the gender understanding of women students of the Faculty of theology can be mentioned. These can be roughly categorized as the main sources of religion and their interpretation by denominations, as well as the socio-cultural habitats of the students and their individual experiences. On the subject of gender, there is a tension between verse, Hadith and their interpretations made by sects and the values and norms of modernity internalized by female students. At Dicle University Faculty of Theology, it is not possible to talk about a learning system and intellectual accumulation that would allow to overcome this tension. This causes mental and emotional bifurcation in female students and leads them to become caught up in a vortex between religious and social reality on many issues. An important consequence of this is the lack of updated religious norms to guide them in many issues that have emerged as an alternative to religious beliefs and practices in the context of gender and have become established values and have common practices in modern life, and have led them to modern secular tendencies and this leads to an internal secularization. The lack of updated religious norms to guide female students in many subjects that are widely practiced in Modern life leads them to modern secular tendencies, which lead to an insider secularization. The fact that female students are mostly traditional in discourse but modern in action on gender and religion makes this situation testable. (shrink)

The book reconstructs the history of Western ethics. The approach chosen focuses the endless dialectic of moral codes, or different kinds of ethos, moral doctrines that are preached in order to bring about a reform of existing ethos, and ethical theories that have taken shape in the context of controversies about the ethos and moral doctrines as means of justifying or reforming moral doctrines. Such dialectic is what is meant here by the phrase ‘moral traditions’, taken as a name for (...) threads of moral discourse, made in turn of other interwoven threads, including transmission of shared codes, appeals to reform of prevailing custom, rational argument about the justification of some precept on the basis of some shared general teaching or principle, and rational argument about the ultimate basis for principles and justification of authoritative teaching. That is, the approach adopted to the reading of ethical texts depends on a firm belief in the fact that philosophers hardly created any ethical doctrine out of nothing. The main point this book tries to highlight is how different philosophical theories emerged and followed each other as a result of attempts at accounting for what was going on in the world of moral traditions. Changes were propelled by controversies between different schools, and highly abstract arguments were the unintended effects of moves made by controversialists forced to transform (and occasionally to turn upside down) their own doctrines in order to face the challenge posed by other arguments. This is the reason why the book examines not only texts that already enjoy pride of place in the history of philosophy (Aristotle, Kant, Hegel), but also other texts usually treated in the histories of religions (the Bible, the Talmud, the Quran), and others considered to be much less philosophical (Plutarchus, Pufendorf). -/- 1. Plato and a response to ethical scepticism. Two different traditions of morality in VI-V century Greece are described. The birth of philosophical questioning of traditional morality and temporal and spatial variation of custom is described within the context of the v century crisis, the demise of traditional aristocratic and tyrannical rule and the birth of democracy. Two conflicting answers to the challenge are reconstructed, namely conventionalist or immoralist theories formulated by the Sophists and the eudemonist and intellectualist Socratic theory. Plato’s own reformulation of Socrates answer to the Sophists is reconstructed. His psychological views, his classification of the four cardinal virtues and his political theory are described as parts of a unitary system, culminating in an extremely realist moral ontology identifying the idea of the good with the essence of the (moral and extra-moral) world itself. -/- 2. Aristotle and the invention of practical philosophy. Aristotle’s invention of practical philosophy as a field separated from first philosophy is shown to be an implication of his break with Plato moral ultra-realism. Aristotle’s agenda in his moral works is arguably dependent on a polemical intention, namely dismantling Socratic intellectualism. The semi-inductive or virtuously circular method of practical philosophy is illustrated, starting with the received opinions of the better and wiser individuals and trying dialectically to sift what is left of mistake and inconsistence in such opinions, finally trying to correct mistakes and make the overall practical science more consistent. The chapter illustrates then the relationship of individual ethics, or ‘monastics’, with the art and the science of the pater familias, or ‘economics’, and the science of the ruler and citizen, or politics. The nature of virtues, or better, excellences of character, is discussed, highlighting the basic role of hexis, or ‘disposition’. Prudence, or better practical wisdom, is the focus of the chapter. Its relationship with bouleusis or deliberation is examined, and its autonomous status vis-à-vis theoretical knowledge is stressed. -/- 3. Diogenes and philosophy as a way of life. The chapter provides an overview of Hellenistic ethics, which almost amounts to Hellenistic schools of philosophy, in so far as ‘philosophy’ became in these centuries primarily the name for a way of life. The typical character of the Cynical movement is highlighted, that of a school of life, not a school aimed at providing any kind of intellectual training was to be provided. -/- 4. Epicurus and ethics as self-care. The peculiar character of the Epicurean school is described, a combination of a science of well-being aiming, more than at pleasure as in the popular view, at reduction of useless suffering, of unnecessary needs, and at a balanced selection of pleasures of the best and most durable kind. -/- 5. Epictetus and ethics as therapy of the passions. The various phases of Stoicism are described, and the shifting place given to ethics in the Stoic system of idea, culminating in the paradoxical view of ethics, its impossibility in principle notwithstanding, as the only truly significant and necessary part of philosophy. Cicero is treated, showing how his own synthesis of various Hellenistic trends is as a truly philosophical enterprise, deserving serious consideration after one or two centuries when he was confined to the role of literate. Epictetus is chosen as the best example of what the Stoic tradition could yield, an art of living based on sophisticated introspection, in turn aimed at making a kind of cognitive therapy possible, dismantling obnoxious passions at their root by systematically correcting false representations. -/- 6. Philo and the reconciliation of Torah and Platonism. A reconstruction of basic ideas from a few books of the Hebrew Bible is provided, starting with the Prophetic tradition and the focus on God’s mercy as the source of motivation and standard for human behaviour. Then a comparative analysis is undertaken of a parallel tradition, namely the three codifications of the Torā (Law or, better, Instruction), highlighting how a core of moral ideas may be recognized as a basis and preamble of codification of civil law, cultural practice, and regulation of ritual purity. The importance of Leviticus is stressed as the turning point when emphasis mercy, typical of the Prophetic tradition, is combined with the legal tradition, yielding the change in sensibility of the Second Temple time. Philo of Alexandria is described as one of the three leading figures – together with Rabbi Hillel and Rabbi Yeshua – at the apex the emergence of the mentioned new sensibility, gradually including mercy as an essential part of justice and establishing the starting point of both the Rabbinic and the Christian tradition. This consists precisely in the precept of one’s neighbour’s love or of the golden rule, two eventually identical precepts whose meaning is arguably more sober and sensible than the long-lasting Christian tradition deriving from John and Augustine has made us believe and no novelty vis-à-vis so-called Ancient-Testament teachings. -/- 7. Augustine and Christianity as Neo-Platonism. The first section examines the moral doctrines of so-called 'ethical Treaties' from the Talmud, a group of treaties, among which the best known is Pirqé Avot, that were left out of the six "orders" of the canon as they did not fit in any of the six groups of issues ritual or legal on which the division was based. According to Maimonides, their peculiar theme is provided by the Deòt, 'opinions', i.e., mental dispositions, that is, the translation of the Greek term hexeis and Arab akhlak (in turn providing in this language the name for ethics as such). The three topics I reconstruct are: i) the notion of Torah: The Torah is understood as the world order itself, or as the ‘Wisdom’ that existed even before creation and was ‘the tool by which the world was built’; however, the Torah is an earthly and human entity, as it was "received" by humans, and from that very moment belongs to them; ii) the relationship between love of God and love of neighbour; the treaties require us to study and practice the Torah ‘for its own sake’, that is, require us to act out of love, not out of fear or hope of reward; iii) the idea of sanctification of daily life: having disappeared with the destruction of the Temple the possibility of any conflict between liturgical service and everyday life, the latter is assumed to be in itself divine service: to give food to the poor has the same value as sacrifices in the Temple, and as an implication, the insistence become recurrent on the goodness of created things in themselves along with a polemic against ascetic currents. The conclusions drawn are: i) the moral teachings of the Talmud and those of Yeshua are, rather than similar, virtually identical; one may safely say that the precept of love and the golden rule are central ones for all Talmudic rabbis, that mercy plays an indispensable role alongside with justice, and the latter is not a different thing from one’s neighbour’s love; ii) a peculiarity of Talmud rabbis facing Yeshua is the idea of study as worship, and knowledge as a source of justice; but this is an idea of Judaism after the Temple's destruction that cannot be attributed to the Pharisees of Yeshua’s time; iii) the relation of study and practice in the Talmud parallels that between faith and deeds in Paul's epistles, that is, respectively faith or learning are a necessary and sufficient condition to be recognized as righteous , but deeds are the inevitable effect of either faith or learning. The sayings ascribed to Yeshua are examined first, yielding the conclusion that a close equivalent may be found for every saying in Talmudic literature and yet the whole is ascribed to one rabbi, with rather consistent stress on God’s mercy and unconditional forgiving as the mark of true imitation of God. Thus, Yeshua’s teaching is pure Judaism. The third section describes briefly the galaxy of Gnostic currents and Manichaeism, trying to sketch the profile of moral teachings resulting from an encounter of Asian spiritual traditions, Hellenistic lore and sparks of teachings from apocalyptic Jewish currents. The last section summarizes the turbulent history of several encounters between Christian currents and Hellenistic philosophical schools. The first one was with late Cynicism. Recent, rather controversial, literature discovered the jargon and a few topics from the Stoic-Cynical popular philosophy in a few books from the New Testament itself. This, far from proving that Rabbi Yeshua had been influenced by cynic preachers, is a proof of the necessity felt by Christian preachers to translate the original ‘Christian’ teaching into a Greek lexicon deeply impregnated with cynic terminology. The second was with Platonism, yielding the mild and temperate moral teaching of Clemens of Alexandria, teaching the sanctity of nature and the human body, the joy of moderate fruition of ‘natural’ kinds of pleasures, and the beauty of the marital life – in short, the opposite of the standard picture of Medieval Christianity. Ambrose of Milan brings about a different kind of synthesis, namely with Middle Platonism, where Stoic themes prevail. The most shocking case is Augustine, where an early Manichean education is overcome in a former phase by a synthesis of Plotinian Neo-Platonism and Christian preaching, yielding a sustained polemic with the Manicheans and rather optimistic views on life and Creation, the body and sexuality, and Hebrew-Judaic tradition not far from Clemens of Alexandria. In a later phase, occasioned by controversy on the opposite front, with such Christian currents as the Pelagians and Donatists, Augustine comes back to heavily anti-Judaic and world-denying ascetic attitudes where is earlier Manichean upbringing seems to emerge again. The tragedy of medieval Christianity will be the later Augustine’s overwhelming influence. A final section is dedicated to the monastic tradition where a curious mixture of world-denying asceticism with an astonishingly penetrating ‘science’ of introspection emerges. -/- 8. Al Farabi and the reconciliation of Islam and Platonism. The Qurān and the qadit, that is, collections of sayings ascribed to the prophet Muhammad contain a wealth of precepts and catalogues of virtues mirroring moral contents from the Jewish and the Christian traditions, among them the basic notion of imitation of the Deity, where mercy is assumed to be its basic trait. An important tradition within Islam, namely Sufism, stressed to the utmost degree the role of mercy, turning Islam into a mystic doctrine centred on retreat from the world, abandonment to God’s will, and a peaceful and fraternal attitude to our fellow-beings. A secular literary tradition originating in the Sassanid Empire, the literature of advice to the Prince had for a time a widespread influence in the newly constituted Arabic-Islamic commonwealth. In a later phase, the legacy of Hellenic philosophy made its way into the intellectual elite of the Islamic world. The first important legacy was Platonic, and the Republic became the main text for Islamic Platonism. Al-Farabi wrote an enjoyable remake of the Platonic Republic, arguing that the citizen’s virtues were the basis on which the political building needs to rest. The secular lawgiver is enlightened by the light of reason in his everyday practice of governance, but room is made for the Prophet as the voice of revealed truth that confirms and completes the rational truth that philosophy may afford. In a second phase also Aristotelian and Stoic influence were assimilated. Miskawayh’s treatise was the masterwork at the time Arabic philosophy reached its Zenith. It is a treatment of the soul’s diseases and their remedies, combining the Aristotelian doctrine of the golden mean with the Stoic doctrine of the passions and elements of Galenic medicine. Towards the eleventh-twelve centuries a war raged among theologians and philosophers, finally won by the former with disappearance of philosophy as such. The newly established mainstream, yet, was no kind of intolerant fanaticism. It drew from the work of mystic theologian Al-Ghazālī, the best heir of Sufism, teaching a tolerant and peaceful attitude to our fellow-beings and a passive attitude to destiny as an expression of the Divine will. -/- 9. Moshe ben Maimon and the reconciliation of Torah and Aristotelian ethics. The encounter between the Talmudic tradition and Hellenic philosophy had taken place a first time in Alexandria at the time of Philo but the two traditions had parted way again. In fact, the kind of Platonic Judaism founded by Philo survived only within Christianity, in the fourth Gospel and then in writings by Clemens of Alexandria. The Talmudic literature had absorbed just less striking traits from the Hellenic Philosophy, namely an idea of ethics as care of the self and a role for the education of character as propaedeutic to theoretical knowledge. In the Arabic-Islamic world, a second round started when Jewish authors writing in Arabic undertook the task to prove the full compatibility of the tradition deriving from Torah and Platonic philosophy. The culmination of this attempt is provided by Moshe ben Maimon who tried to use Aristotelian ethics as a language into which the teaching from the Pirké Avot could be translated. -/- 10. Thomas Aquinas and the reconciliation of Christian morality and Aristotelian ethics. In the first section the fresh start is described of philosophical ethics in Latin Europe at the turn of the Millennium. In a first phase, Anselm and Peter Abelard built on a Platonic and Augustinian legacy. In this phase. remarkable innovations are introduced, including Abelard’s claim of the obliging character of erring consciousness. In a second phase, the rediscovery of Nicomachean Ethics thanks to Latin translation of Arabic versions gives birth to a new wave of ethical studies, recovering the very idea of Aristotelian practical philosophy, with the potential implication of full legitimization of natural morality, i.e. ethics without Revelation. Aquinas’s ethics is a theological ethics out of which it would be vain to try to extract a self-contained philosophical ethics. His treatment of topics in philosophical ethics, yet, does not boil down to repetition of Aristotelian arguments but is rather a creative reshaping of such arguments. For example, he introduces also in the practical philosophy a first principle parallel to the principle of non-contradiction; and he also carries out a synthesis of Aristotelianism, Stoicism, and neo-Platonism. Even though it is essentially moral theology, Aquinas’s doctrine - unlike Augustine – grants full citizenship to "natural" morality, firstly by rejecting the claim that the corruption of human nature due to the original sin is so radical as to leave "pure nature" incapable of moral goodness. The doctrine is presented in a more sophisticated formulation in a few of the Quaestiones, such as De Malo and De Veritate, in the Summa contra Gentes and in the commentaries to Aristotle than in the famous Summa Theologica, but the latter work includes the only or the largest exposition of some decisive part of the theory. Thus, the Summa Theologica should be read for what it is more than criticized for not being what it was not meant to be. It was not meant to be the brilliant synthesis of all that Reason he had been able to produce with what Revelation had added about which the Neo-Thomists used to dream, but rather a manual for the training of preachers and confessors, where theoretical claims are not too demanding and a few serious tensions are left. Besides a jump between the Prima Secundae and the Secunda Secundae, being the former an essay in virtue theory and the latter a handbook for confessors, the most serious tension is perhaps the one between the ethics of right reason presented in most of Ia-IIae and the eudemonistic ethics developed in quaestiones 1-5 of the same part; the alternative ethical theory which also may be found in Augustine, the Stoic view of a cosmic reason eventually coincident with the moral law, was believed by Anselm (followed by John Duns Scotus and William of Ockham) to be incompatible with eudemonism. It is questionable whether Thomas could reduce the tension proving that it is just an apparent tension, in so far as the right reason and bliss derived from knowledge of God tend to coincide, but this is just a conjecture. Thomas’s ethics is a virtue ethic, not a law-based one, and moral judgment focuses on the virtues, particularly charity, not on the commandments and even less on absolute prohibitions; Thomas, however, would not have considered a drastic alternative between law and the virtues such as the one which has been advanced in late twentieth-century philosophy to be justified. Nonetheless, when it discusses ‘special’ virtues, it ceases to be an ethics of virtue and becomes a disappointing and often contradictory discussion of legal and illegal acts. Such a discussion takes most of the time ‘reasonable’ middle positions on controversial issues but not the alternative approach that Aristotelianism would have made possible; even when some occasional Aristotelian claim shows up, such as money’s barrenness as a reason against usury, this seems to be made by an author who apparently ignores the Aristotelian Thomas of the Prima Secundae. It is an ethic of human autonomy which recognizes the binding character of the individual conscience and, potentially, even a duty to disobey unjust laws. It is true that what Thomas writes in his discussion of death penalty and persecution of heretics is simply disgusting, and yet we should blame Thomas the man, not Thomist ethical theory. Finally, Thomas’s ethics is not ethical ‘absolutism’, as both traditionalist Catholic theologians and secularist enemies of dogmatic morality tend to believe. It is instead an ethic of prudential judgment. Exceptions to this approach – or better results of logical fallacies – are such claims as the absolute character of negative precepts and of the existence of "intrinsically evil acts", claims that simply cease to make sense in the light of Thomas’s own distinction between human act and natural act, carrying consequences Thomas did not live long enough to draw or was not consistent enough to dare to draw. -/- 11. Francisco de Vitoria and casuistry. The first topic illustrated is the discussion about the notion of pura natura, namely the human condition after the original sin and before divine revelation. The core notion was already there in Aquinas but was later developed by Caietanus (Thomas de Vio) with a number of interesting implications: firstly a view of human nature as such much more positive than Augustine’s and his followers’ view, including both Calvinists and Jansenists; secondly, the implication that the philosopher’s morality, as opposed to the Christian’s morality, is a quite respectable kind of morality; thirdly, that theocracy and prosecution of the unfaithful lacked justification, with more far-fetching consequences than Aquinas himself had dared to draw. The second topic is casuistry, a new name for a comparatively older way of thinking, which was already there in late Stoicism and Cicero as well as in the Talmudic literature. This is an approach aimed at yielding probable enough solutions for doubtful cases even in absence of completely safe staring points. The genre developed from medieval reference books for confessors and became by the sixteenth-century a sophisticated tool-box for dealing with various fields of applied ethics. Francisco Vitoria, the main authority of Baroque Scholasticism, was a controversial figure, among the proponents of the new discipline of casuistry and a consistent proponent of more separation between the religious and the civil authority, stricter limits to the legitimacy of war, innate rights of non-Christian nations in the New World based on the notion of pura natura, providing a standard of ‘natural’ goodness, previous to revelation, on which the Indian nations were judged to live in a naturally good condition, provided with the institutions of family, justice, and religion had accordingly a right to full respect by Christian sovereigns. Bartolomé de Las Casas, arguing along similar lines, was the leader of a historical battle in defence of the rights of the Indios. -/- 12. Michel de Montaigne and the art of living. A short description of one of the Renaissance Phyrronism, one of the classical philosophies revived in the fifteenth and sixteenth century. Montaigne combines the sceptical epistemology with an understanding of ethics – indeed of philosophy as a whole – in terms of an art of living inspired by two basic ideas, sagesse, that is, practical wisdom as the only kind of rationality available after theology, science, and tradition have declared bankrupt, and an aesthetic ideal of self-transformation through the art of writing and introspection. -/- 13. Pierre Nicole and neo-Augustinianism. The chapter illustrates first the vicissitudes of Augustinianism newly born after the late medieval triumph of Thomist Aristotelianism in the alternative Protestant and Catholic versions processed by the Calvinists and the Jansenists. Then it illustrates the doctrines of Pierre Nicole, Blaise Pascal’s best disciple, on the impossibility of introspection, on the ubiquity of self-deception, on the incurably evil character of the passion of love, and on the two moralities, the one of the man of the world, the morality of honesty which is indispensable for granting peace and order but devoid of any true value for eternal salvation, since the same external behaviour may be prompted by opposite motivations, and the morality of charity, the only true one but also useless to society. The third topic is Pierre Malebranche’s view of self-deception as a ubiquitous phenomenon accounting for human action and responsibility and his reformulated theory of self-love, no less ubiquitous than for Nicole and yet not as incurably evil, given the distinction between morally indifferent and even necessary amour de soi and vicious amour proper, a distinction on which the whole of Rousseau’s moral and political theory rests. -/- 14. Samuel von Pufendorf and the new science of morality. The chapter is dedicated to the discovery of the idea of a ‘new moral science’. Hugo Grotius is discussed first highlighting the real character of his project, much closer to the Thomist idea of a natural law accessible to non-corrupted human reason when human beings are living in a state of pura natura. Then Hobbes’s combination of scepticism, voluntarism, and conventionalism is described and both the continuity with Grotius’s new science, in the search for non-revealed rational morality, and the break with him, in the adoption of voluntarism and refusal of an intellectualist view of natural law, are illustrated. Pufendorf’s work is illustrated as a synthesis of the two previous attempts and the – up to Schneewind underestimated – paradigmatic example of the new science of morality. -/- 15. Richard Cumberland and consequentialist voluntarism. The chapter gives an overview of eighteenth-century Anglican ethics, noticing how the Cambridge tradition gave special weight to natural theology as opposed to positive or revealed theology – and how two Cambridge fellows, John Gay and Thomas Brown, elaborated on Cumberland’s (and Malebranche’s, as well as Leibniz’s) strategy for finding a third way between intellectualist view and voluntarist view of the laws of nature. The result of their elaboration was a kind of a rational-choice account of the origins of natural laws, where a law-giver God chooses among a number possible sets of laws on a maximizing criterion, and God’s maximandum is happiness for his creatures. The chapter notices also how such a solution aimed at solving at once the problem of evil and that of the foundation of moral obligation by proving how God’s choice was justified as far as it was the one minimising the amount of suffering in the world. 16. Richard Price and intuitionism. The chapter describes first the doctrines of the Cambridge Platonists, an example of hyper-rationalist reaction to Calvinism. Secondly it describes the sophisticated and universally ignored – from Sidgwick to Anscombe –version of what was later labelled ‘ethical intuitionism’ – showing how it escapes familiar objections and misrepresentations of intuitionism – from Mill to Rawls – in grounding its argument on transcendental arguments while carefully avoiding recourse to introspection and psychological evidence, which has been taken as a too easy target by critics of intuitionism. Thirdly, the chapter discusses Whewell’s ‘philosophy of morality’, as opposed to ‘systematic morality’, not unlike Kant’s distinction between a pure and an empirical moral philosophy. Whewell worked out a systematization of traditional normative ethics as a first step before its rational justification; he believed that the point in the philosophy of morality is justifying a few rational truths about the structure of morality such as to rule hedonism, eudemonism, and consequentialism; yet a system of positive morality cannot be derived solely from such rational truths but requires consideration of the ongoing dialectics between idea and fact in historically given moralities. Whewell’s intuitionism turns out closer to Kantian ethics than commentators have made us believe until now, and quite different from what Sidgwick meant by intuitionism. -/- 17. Adam Smith and the morality of role-switch. The chapter describes first, Hutcheson’s attempt at basing the ‘new science’ of natural law on different bedrock than Pufendorf and the English Platonists, namely a moral sense, a faculty whose existence is assumed to be proved on an empirical basis. The second step is a reconstruction of Hume’s rejoinder in terms of a new science of man including morality on an ‘experimental’ basis, that is, a ‘Newtonian’ hypothetical-deductive approach, distinguished from Hutcheson’s allegedly uncritical descriptive approach to human nature. The third step is a reconstruction of Adam Smith theory of morality understood as emerging from a spontaneous interplay of exchanges of situations (the most basic meaning of the word ‘sympathy’ as construed by this author). -/- 18. Jeremy Bentham and utilitarianism. The bulk of the chapter is dedicated to the doctrines of Jeremy Bentham. The Enlightenment spirit that suggested the idea of a new morality, free from religion, is illustrated. The notion of utility is illustrated as well as the subsequent formulations of the principle of utility. The idea of felicific calculus is discussed, showing how its inner difficulties prompted several reformulations of the principle of utility in order to avoid undesirable implications of proposed formulations. The role of the thesis of spontaneous convergence between interest and duty is discussed, showing how it left numberless questions open, and the distinction between the virtues of prudence, justice and beneficence is described as a way out of the deadlocks of classical utilitarianism. After Bentham, Mill’s reformed utilitarianism is reconstructed, showing how it is a kind of mixed system – as closer to common sense as it gives up Bentham’s claims to consistency and simplicity – resulting as unintended consequences from the controversies in which Mill was too keen to engage. The hidden agenda of the controversy between Utilitarianism and Intuitionism, going beyond the image of the battle between Prejudice and Reason, is described, showing how both competing philosophical outlooks turn out to be more research programs than self-contained doctrinal bodies, and such programs appear to be implemented, and indeed radically transformed while in progress thanks to their enemies no less than to their supporters. -/- 19. Immanuel Kant, practical reason and judgment. The chapter argues that Kant took from Moses Mendelssohn the idea of a distinction between geometry of morals and a practical ethic. He was drastically misunderstood by his followers precisely on this point. He had learned from the sceptics and the Jansenists the lesson that men are prompted to act by deceptive ends, and he was aware that human actions are also empirical phenomena, where laws like the laws of Nature may be detected. His practical ethics made room for judgment as a holistic procedure for assessing the saliency of relevant moral qualities in one given situation; this procedure yields the same results as the geometry of morals does for abstract cases but does so immediately and without balancing conflicting duties with each other, since what makes for the salient quality of a situation is perceived from the very beginning. Kant's practical philosophy is richer than the received image, making room for an ‘empirical moral philosophy’ or moral anthropology including treatment of commerce, needs, value and price, happiness and well-being; the overall social theory and philosophy of history is less different from Adam Smith's than the received image makes believe; the paradox of happiness is central to Kant's philosophy; a distinction between happiness and well-being is clearly drawn; the distinction plays a basic role in establishing a link between the economic and the moral life. -/- 20. Georg Wilhelm Friedrich Hegel and the critique of abstract universalism. The chapter describes first the Romantic movement and the implications some of its concerns, rescuing passions, community, tradition, the individual as the bearer of a unique destiny, and the longing for organic unity between the individual, mankind and nature. Hegel’s contribution is discussed then, highlighting how, on the one hand, he shared a number of these concerns and on the other he had more rationalist leanings. The notion of morality is the pivotal point of the reconstruction, highlighting how Hegel construes this notion as a key to his own diagnosis of the malaise of modernity – the separation of individual and Gemeinschaft – and how his attack on Kant turns around this very idea. -/- 21. Friedrich Nietzsche against Christianity and the Enlightenment. The chapter illustrates first the idea of deconstruction of the back-world of values. Nietzsche claims to be legitimate heir of the French moralists, Leibniz, Kant and Hegel, in so far as he allegedly carries out to its deepest implications their discovery of what lies behind traditional naïve belief in the existence of an objective realm of values just waiting for description by the philosopher. The two exemplars form which genealogy draws inspiration are the classical philologist’s historical reconstructions of lost meanings and the chemist’s decomposition of elements. Then the genealogy of the notions of good and evil carried out in the first dissertation of Genealogy of morals is illustrated with its paradoxical conclusion that will to power is in fact the only ‘genuine’ kind of goodness. The third point illustrated is the dialectic of ascetism and self-realization with its ambiguous outcome. The suggested interpretation of such outcome is that Nietzsche’s normative ethics is a kind of virtue ethics taking an aesthetic ideal as a normative standard -/- 22. George Edward Moore and ideal utilitarianism. The chapter discusses the ideas of common sense and common-sense morality in Sidgwick. I argue that, far from aiming at overcoming common-sense morality, Sidgwick aimed purposely at grounding a consist code of morality by methods allegedly taken from the natural sciences to reach, also in ethics, the same kind of “mature” knowledge as in the natural sciences. His whole polemics with intuitionism was vitiated by the a priori assumption that the widespread ethos of the educated part of humankind, not the theories of the intuitionist philosophers, was what was worth considering as the expression of intuitionist ethics. In spite of a naïve positivist starting-point, Sidgwick was encouraged by his own approach in exploring the fruitfulness of coherentist methods for normative ethics. Thus, Sidgwick left an ambivalent legacy to twentieth-century ethics: the dogmatic idea of a “new” morality of a consequentialist kind, and the fruitful idea that we can argue rationally in normative ethics albeit without shared foundations. Then it reconstructs the background of ideas, concerns and intentions out of which Moore’s early essays, the preliminary version, and then the final version of Principia Ethica originated. I stress the role of religious concerns, as well as that of the Idealist legacy. I argue that PE is more a patchwork of rather diverging contributions than a unitary work, not to say the paradigm of a new school in Ethics. I add a comparison with Rashdall’s almost contemporary ethical work, suggesting that the latter defends the same general claims in a different way, one that manages to pave decisive objections in a more plausible way. I end by suggesting that the emergence of Analytic Ethics was a more ambiguous phenomenon than the received view would make us believe, and that the wheat (or some other gluten-free grain) of this tradition, that is, what logic can do for philosophy, should be separated from the chaff, that is, the confused and mutually incompatible legacies of Utilitarianism and Idealism. -/- 23. Edmund Husserl and the a-priori of action. The chapter illustrates first the idea of phenomenology and the Husserl’s project of a phenomenological ethic as illustrated in his 1908-1914 lectures. The key idea is dismissing psychology and trying to ground a new science of the a priori of action, within which a more restricted field of inquiry will be the science of right actions. Then the chapter illustrates the criticism of modern moral philosophy carried out in the 1920 lectures, where the main target is naturalism, understood in the Kantian meaning of primacy of common sense. The third point illustrate is Adolph Reinach’s theory of social acts as a key the grounding of norms, a view that basically sketches the very ideas ‘discovered’ later by Clarence I. Lewis, John Searle, Karl-Otto Apel and Jürgen Habermas. A final section is dedicated to Nicolai Hartman, who always refused to define himself a phenomenologist and yet developed a more articulated and detailed theory of ‘values’ – with surprising affinities with George E. Moore - than philosophers such as Max Scheler who claimed to Husserl’s legitimate heirs. -/- 24. Bertrand Russell and non-cognitivism. The chapter reconstructs first the discussion after Moore. The naturalistic-fallacy argument was widely accepted but twisted to prove instead that the intuitive character of the definition of ‘good’, its non-cognitive meaning, in a first phase identified with ‘emotive’ meaning. Alfred Julius Ayer is indicated as a typical proponent of such non-cognitivist meta-ethics. More detailed discussion is dedicated to Bertrand Russell’s ethics, a more nuanced and sophisticated doctrine, arguing that non-cognitivism does not condemn morality to arbitrariness and that the project of a rational normative ethics is still possible, heading finally to the justification of a kind of non-hedonist utilitarianism. Stevenson’s theory, another moderate version of emotivism is discussed at some length, showing how the author comes close to the discovery of the role of a pragmatic dimension of language as a basis for ethical argument. Last of all, the discussion from the Forties about Hume’s law is described, mentioning Karl Popper’s argument and Richard Hare’s early non-cognitivist but non-emotivist doctrine named prescriptivism. -/- 25. Elizabeth Anscombe and the revival of virtue ethics. The chapter discusses the three theses defended by Anscombe in 'Modern Moral Philosophy'. I argue that: a) her answer to the question "why should I be moral?" requires a solution of the problem of theodicy, and ignores any attempts to save the moral point of view without recourse to divine retribution; b) her notion of divine law is an odd one more neo-Augustinian than Biblical or Scholastic; c) her image of Kantian ethics and intuitionism is the impoverished image manufactured by consequentialist opponents for polemical purposes and that she seems strangely accept it; d) the difficulty of identifying the "relevant descriptions" of acts is not an argument in favour of an ethics of virtue and against consequentialism or Kantian ethics, and indeed the role of judgment in the latter is a response to the difficulties raised by the case of judgment concerning future action. A short look at further developments in the neo-naturalist current is given trough a reconstruction of Philippa Foot’s and Peter Geach’s critiques to the naturalist-fallacy argument and Alasdair MacIntyre’s grand reconstruction of the origins and allegedly unavoidable failure of the Enlightenment project of an autonomous ethic. -/- 26. Richard Hare and neo-Utilitarianism. The chapter addresses the issue of the complex process of self-transformation Utilitarianism underwent after Sidgwick’s and Moore’s fatal criticism and the unexpected Phoenix-like process of rebirth of a doctrine definitely refuted. A glimpse at this uproarious process is given through two examples. The first is Roy Harrod Wittgensteinian transformation of Utilitarianism in pure normative ethics depurated from hedonism as well as from whatsoever theory of the good. This results in preference utilitarianism combined with a ‘Kantian’ version of rule utilitarianism. The second is Richard Hare’s two-level preference utilitarianism where act utilitarianism plays the function of eventual rational justification of moral judgments and rule-utilitarianism that of action-guiding practical device. -/- 27. Hans-Georg Gadamer and rehabilitation of practical philosophy. The post-war rediscovery of ethics by many German thinkers and its culmination in the Sixties in the movement named ‘Rehabilitation of practical philosophy’ is described. Among the actors of such rehabilitation there were a few of Heidegger’s most brilliant disciples, and Hans-Georg Gadamer is chosen as a paradigmatic example. His reading of Aristotle’s lesson I reconstructed, starting with Heidegger’s lesson but then subtly subverting its outcome thanks to the recovery of the central role of the notion of phronesis. -/- 28. Karl-Otto Apel and the revival of Kantian ethics. Parallel to the neo-Aristotelian trend, there was in the Rehabilitation of practical philosophy a Kantian current. This started, instead than the rehabilitation of prudence, with the discovery of the pragmatic dimension of language carried out by Charles Peirce and the Oxford linguistic philosophy. On this basis, Karl-Otto Apel singled out as the decisive proponent of the linguistic and Kantian turn in German-speaking ethics, worked out the performative-contradiction argument while claiming that this was able to provide a new rational and universal basis for normative ethics. An examination of his argument is some detail is offered, followed by a more cursory reconstruction of Jürgen Habermas’s elaboration on Apel’s theory. -/- 29. John Rawls and public ethics as applied ethics. Rawls’s distinction between a “political” and a “metaphysical” approach to one central part of ethical theory, namely the theory of justice, is interpreted as a formulation of the same basic idea at the root of both the principles approach and neo-casuistry, both discussed in the following chapter, namely that it is possible to reach an agreement concerning positive moral judgments even though the discussion is still open – and in Rawls’ view never will be close – on the basic criteria for judgment. -/- 30. Beauchamp and Childress and bioethics as applied ethics. The chapter presents the revolution of applied ethics while stressing its methodological novelty, exemplified primarily by Beauchamp and Childress principles approach and then by Jonsen and Toulmin’s new casuistry. -/- . (shrink)