In this contribution we examine the various amoral types of reasoning that have long predominated in the history of tolerance. In doing this we also hope to show that these amoral notions of tolerance are always far removed from, and in conflict with, the idea of freedom of religion as a moral and political right. In conclusion we show that when the liberal notion of freedom as a personal and moral right predominates, then the notion of (...) tolerance loses some of its meaning. (shrink)

This paper is a critical and comparative legal historical study, which offers a global vision of the U.S. Legal System, according to the religious factor impact and its complex dimensions (e.g. religious liberty, Church-State relations, welfare state & solidarity). The principal goal is the deconstruction of the fake official History, elaborated after the Second World War (e.g. inferences, impostures, fallacies). At the same time, it shows the social development (and the kind of commitment in each period), and how it (...) happens the consolidation of the system thanks to the regulation. In this way, it is possible to pay attention to the American experimental evolution (not lineal or exceptional –as many U.S.hand-books pretend): from colonial Blue Laws (or Sunday regulation), up to the current regulation on freedom of religion and non-discrimination. Also, this paper offers a systematic set of diverse legal sources (e.g. Executive orders & rules, Legislative statutes, Judicial cases & resolutions). Another goal of this paper is the evaluation of the allegedly paradoxical policies and regulations in this field, during the last two Administrations (Clinton and W. Bush); both of them, from extreme views (linked at the end), they used incorrectly the religious factor, and they confused the institutions. The result seems to be a landed in the Postmodernity (less realistic and more speech based). (shrink)

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

The theologians of the late German Enlightenment saw in Kant's Critique of Pure Reason a new rational defence of their Christian faith. In fact, Kant's critical theory of meaning and moral law totally subverted the spirit of that faith. This challenging new study examines the contribution made by the Critique of Pure Reason to this change of meaning. George di Giovanni stresses the revolutionary character of Kant's critical thought but also reveals how this thought was being held hostage to unwarranted (...) metaphysical assumptions that caused much confusion and rendered the First Critique vulnerable to being reabsorbed into modes of thought typical of Enlightenment popular philosophy. Amongst the striking features of this book are nuanced interpretations of Jacobi and Reinhold, a lucid exposition of Fichte's early thought, and a rare, detailed account of Enlightenment popular philosophy. (shrink)

The theologians of the late German Enlightenment saw in Kant's Critique of Pure Reason a new rational defence of their Christian faith. In fact, Kant's critical theory of meaning and moral law totally subverted the spirit of that faith. This challenging new study examines the contribution made by the Critique of Pure Reason to this change of meaning. George di Giovanni stresses the revolutionary character of Kant's critical thought but also reveals how this thought was being held hostage to unwarranted (...) metaphysical assumptions that caused much confusion and rendered the First Critique vulnerable to being reabsorbed into modes of thought typical of Enlightenment popular philosophy. Amongst the striking features of this book are nuanced interpretations of Jacobi and Reinhold, a lucid exposition of Fichte's early thought, and a rare, detailed account of Enlightenment popular philosophy. (shrink)

This is extremely relevant and very important both in theoretical and practical dimensions, the problem was at the center of the discussions of the international scientific conference, which took place on May 6-7, 1996 in Lviv. The mentioned conference was one of the main events within the framework of the VI International Round Table "History of Religions in Ukraine", at its meetings 3-6, as well as on issues of outstanding dates in the history of the development of religious (...) life in Ukraine on the 8th of May: "400 "the anniversary of the Brest Union", and "400th anniversary of the birth of Peter Mohyla". (shrink)

The central notion in this article is ‘pluriform accommodation,’ a term that we have coined to defend two lines of thought. The first is a plea for inclusive and consequential neutrality; the second is a closely linked plea for reasonable accommodation. With ‘pluriform accommodation’ we emphasize that the multicultural recognition scope should be expanded. The need for inclusive and accommodative rules, laws, and practices is a matter of principle and as such cannot be reduced to the inclusion of people with (...) an immigration background who bring with them all kinds of ethnocultural and religious practices, convictions, and traditions. Furthermore, the enshrined freedom of religion does not provide the needed protection for the multiplicity of conscientious identifications, convictions, and strong allegiances that might be central to one’s sense of self. We argue that we should not engage in (top down) debates about the rights of individuals and groups of different types and think in terms of identity hierarchies, but instead should consider the various claims being made (bottom up), aiming for common standards and criteria to assess the validity of these claims and the reasonableness of the associated accommodations. (shrink)

The central notion in this article is ‘pluriform accommodation,’ a term that we have coined to defend two lines of thought. The first is a plea for inclusive and consequential neutrality; the second is a closely linked plea for reasonable accommodation. With ‘pluriform accommodation’ we emphasize that the multicultural recognition scope should be expanded. The need for inclusive and accommodative rules, laws, and practices is a matter of principle and as such cannot be reduced to the inclusion of people with (...) an immigration background who bring with them all kinds of ethnocultural and religious practices, convictions, and traditions. Furthermore, the enshrined freedom of religion does not provide the needed protection for the multiplicity of conscientious identifications, convictions, and strong allegiances that might be central to one’s sense of self. We argue that we should not engage in (top down) debates about the rights of individuals and groups of different types and think in terms of identity hierarchies, but instead should consider the various claims being made (bottom up), aiming for common standards and criteria to assess the validity of these claims and the reasonableness of the associated accommodations. (shrink)

The last chapter of Spinoza's Theological-Political Treatise (TTP) is a brief for freedom of religion. In our enthusiasm for Spinoza's conclusion it is easy to overlook the blatant contradiction between this thesis and the central claim of the immediately preceding chapter that "right over matters of religion is vested entirely in the sovereign." There Spinoza emphasizes the necessity that there be but one sovereign in the state and the threat that autonomous religious authorities would pose to the (...) authority of this sovereign. This last claim is, in turn, bolstered by his analysis of the deficiencies of the Hebrew state in the chapter before, chapter 18, according to which it was the usurpation of political authority by priests that ultimately undermined the state. In other words, in chapters 18 and 19, Spinoza makes the case for the strict political control of religion only to conclude his treatise by arguing, in chapter 20, that the purpose of the state is, in reality, freedom and that that freedom manifests itself, in part, in freedom of religion. How could this latter not pose exactly the sort of threat to the sovereign and the state that leads Spinoza to insist on the sovereign's absolute control of religion? How can Spinoza insist that religion be both free and controlled by the state? This paper aims to answer this question and, in the process, explains a number of troubling features of the Theological-Political Treatise. (shrink)

Our research is based on a rather large "library" of various works by M. Drahomanov, which contains his views on religion. Among them: Paradise and Progress, From the History of Relations Between Church and State in Western Europe, Faith and Public Affairs, Fight for Spiritual Power and Freedom of Conscience in the 16th - 17th Centuries,, "Church and State in the Roman Empire", "The Status and Tasks of the Science of Ancient History," "Evangelical Faith in Old (...) England," "Populism and Popular Progress in Austrian Rus, Austrian-Russian Remembrance," "Pious The Legend of the Bulgarians "," The Issues of Religious Freedom in Russia, "" On the Brotherhood of the Baptist or the Baptist in Ukraine, "" The Foreword, " Shevchenko, Ukrainianophiles and Socialism "," Wonderful thoughts about the Ukrainian national affair "," Zazdri gods "," Slavic variants of one Gospel legend "," Resurrection of Christ ", etc. (shrink)

The philosopher G.W.F. Hegel (1771-1831) is now recognized to be one of the most important modern thinkers. His influence is to be found in Marx's conception of historical dialectic, Kierkegaard's existentialism, Dewey's pragmatism and Gadamer's hermeneutics and Derrida's deconstruction. Until now, however, it has been difficult for the non-specialist to find a reasonably comprehensive introduction to this important, yet at times almost impenetrable philosopher. With this book Stephen Houlgate offers just such an introduction. His book is written in an accessible (...) style and covers a range of topics: the philosophy of history, logic and phenomenology, political philosophy, aesthetics and the philosophy of religion. In the course of the book the author relates Hegel's ideas to those of many other thinkers, including Luther, Descartes, Kant and Thomas Kuhn. (shrink)

Despite his hostility to religion in his early career, since the turn of the century Habermas has devoted his research to the relationship between faith and knowledge. His two-volume Auch eine Geschichte der Philosophie is the culmination of this project. Spurred by the attacks of 9/11 and the growing conflict between religion and the forces of secularization, I argue that this philosophy of history is the centerpiece of an important turning point in Habermas’s intellectual development. Instead of (...) interpreting religion merely as part of the history of postmetaphysical thinking, Habermas now sees it as a crucial normative resource for both philosophy and social cohesion in the future aswell. Despite its backward-looking approach,my basic thesis is that this book is best understood as a forward-looking appeal for a tolerant, self-reflective democratic politics that brings religious and secular citizens together dialogically through the cooperative use of their rational freedom. (shrink)

The history of the concept of “religion” in Western tradition has intrigued scholars for years. This important collection of eighteen essays brings further light to the ongoing debate. Three of the invited participants, W.C. Smith, M. Despland and E. Feil, has each previously written impressive books treating this subject; the last two acknowledged the impact and continuing influence of Smith’s work, The Meaning and End of Religion. An introduction and a recapitulation of Smith’s contribution as a scholar (...) set the stage for a retrospective look at the published literature. Contributors then examine the transformation of words (the classical religio to the modern religion), particularities of religion in nineteenth-century France, Troeltsch’s concept of religion, the study of religion from an Asian point of view and the categorization of “World Religions.” The concluding essays elaborate contemporary anthropological, cross-disciplinary, semiological, deconstructive and psychoanalytical methodological approaches to the concept and study of “religion.” Exploring critically different aspects of the concept and study of religion, these provocative essays typically reflect the methodological pluralism currently existing in the field of Religious Studies. Of interest to scholars and students alike, this collection also contains a complete bibliography of W.C. Smith’s publications. (shrink)

At the intersection of modern cultural and political history, security studies and debates about freedom of expression and international human-rights law, this article aims to contribute to a better understanding of political cartooning and its implications in multicultural societies of Europe, which have shifted in a geographical, cultural, normative, communicational, political and many other respects through the last two centuries. Through comparison of the Serbian cartoons from late nineteenth-century Croatia and the recent Danish cartoons of the Prophet Mohammad, (...) the article reveals that both modern and postmodern European cartoons have been centred around equally discriminatory narratives: a 'clash of civilizations' and 'racialization of religion'. Since open racial stereotyping in cartoons became illegal in the postmodern international regulations, traditional discriminatory practices of cartooning have shifted towards subtle, 'liquid' racism. This decodes some of the twelve Danish cartoons as ambiguous strategies of racialization of Muslim immigrants in Europe but also as hate speech which is illegal in the European Union, and member states of the Council of Europe. The author concludes that the most current European and international regulations of hate speech, whether concerning offline media or online media, actually protect free speech. While a truly clear-cut regulation of liquid racism might remain problematic in Europe due to the lack of a universally accepted definition of hate speech, neither strict legal regulations nor different definitions of hate speech could diminish the role of political cartooning as a viable free speech platform in the multicultural landscape of Europe. Ultimately, what diminishes its viability is the enduring lack of diversity in the creation of visual satire, which could and should reflect the multicultural reality of communities, politics and societies in Europe. (shrink)

Freedom of Religion, Institution of Conscientious Objection and Political Practice in Post-Communist Slovakia1 The example of Slovakia is used to show how one of the post-socialist countries failed in fulfilling the demanding task of securing freedom of religious belief (including the right to conscientious objection) and, at the same time, securing all other human rights. An analysis of the methods used for changing the policies of pluralism and neutrality of the state into a policy of discrimination (e.g. (...) concerning the registration duty for churches) was carried out, followed by an analysis of a mechanism used for guaranteeing freedom of conscience of the members of the Catholic Church (the so-called Vatican Treaty). The treaty violates the prohibition of discrimination against women, because it makes it more difficult for them to have access to some health care services. Our hypothesis states that the hurriedly introduced right to conscientious objection is misused in this context as a means of regulating the politics of reproduction. In general, the re-Catholisation of the Slovak Republic follows two aims—to help in the fight for votes in the elections (because 70 % of Slovaks declare their religion to be Catholic), and to improve demographic development in the Slovak Republic (declared to be catastrophic by the Catholic Church), through hindering free access to abortions. (shrink)

THE MOST SACRED FREEDOM includes eight essays that were first presented at the 2014 A.V. Elliott Conference on Great Books and Ideas, the seventh annual conference sponsored by Mercer Universitys Thomas C. and Ramona E. McDonald Center for Americas Founding Principles. Together, these essays explore the great principle of religious liberty by charting its development in the Western tradition and reconsidering its place at Americas founding. The book begins with a comparison between the flood accounts in Genesis and the (...) Mesopotamian Atra-Has's and advances all the way to the 2014 Supreme Court case Burwell v. Hobby Lobby. The intervening chapters examine the contributions of figures such as Emperor Julian, Roger Williams, Cecilius Calvert, John Locke, Jean-Jacques Rousseau, and the American Founders. Contributors to the volume are Steven Grosby, Jeremiah H. Russell, Maura Jane Farrelly, Daniel Cullen, John Witte, Jr., Scott Yenor, David Ramsey, and Michael Novak. (shrink)

In this issue, the founder of the Donetsk regional branch of the Ukrainian Association of Religious Studies, theologian, candidate of historical sciences, senior researcher of the Department of Religious Studies of the GS Skovoroda Institute of Philosophy of the National Academy of Sciences of Ukraine, President of the Center for Religious Studies member of the Expert Council on Freedom of Conscience and Religious Organizations under the Ministry of Culture of Ukraine, member of the Strategic Council under the Minister of (...) Culture and Information Policy of Ukraine. I. Kozlovsky worked for more than 25 years in the Donetsk Regional State Administration as a chief specialist and head of the department for religions, in the early 1990s he established the College of Religious Studies at Donetsk Open University, which was later transformed into the Faculty of Philosophy and Religious Studies of the State University of Information. intelligence, and has done much to promote interfaith and interreligious dialogue and cooperation in the Donetsk region, whose religious map is very diverse. At the beginning of the Russian-Ukrainian war, I. Kozlovsky became one of the organizers of the interfaith prayer marathon "Prayer for Ukraine", which took place in Donetsk from early March to November 2014, which was attended by members of the Donetsk branch of the UAR. Until 2016, some members of the UAR, led by I. Kozlovsky, who still remained in the occupied territories, collected data on the state of religious freedom in Donetsk and the region. In 2016, I. Kozlovsky was imprisoned by a terrorist group of the so-called "Donetsk People's Republic" and was held captive for almost 2 years. (shrink)

The article deals with the peculiarities of the formation of the concept of freedom of human in the philosophy of history of Russian thinker at the beginning of the nineteenth century P. Chaadayev. Formation of spirituality and general worldview-philosophical principles in Russian philosophy at the beginning of the nineteenth century had their own peculiarities and differences from Western philosophy. Rationalism and individualism, as specific characteristics of Western philosophy did not satisfy the representatives of philosophical thought in Russia.The dominant (...) principles in philosophical culture are community, catholicity, versatility, reflecting the distinctive character of socio-political development. Representatives of Russian philosophy assumed that the next stage in the historical development of mankind should not be social separation, but reunification in a qualitatively new social unity. P. Chaadaev was the first in early nineteenth century, who conducted a complex philosophical analysis of the specifics of worldview and historical development of the people, forming the general foundations of the philosophy of history. Problems of historical development, morality, and religion determine the cognitive process and the synthetic interdependence of freedom of the will man’s will and necessity. Freedom of will is determined by cognitive abilities and spiritual and practical activities that bring it closer to «higher law», the syncretism of God’s wisdom. (shrink)

In this article religion is defined in terms of our concern for the fulfilment of our most fundamental natural desires, especially those that seem beyond all human power to fulfil, such as the achievement of death-transcending life or a complete and enduring community between free beings such as human persons are. A god is always seen as the source of power sufficient to achieve this in us. Our conceptions of our god and of human nature are therefore always linked. (...) The arguments for the existence of a god in the history of European philosophy show this. From the cosmological arguments of pre-modern times, through arguments from design and anthropological arguments in the modern period, to a contemporary argument from interpersonal relationships, a deepening insight into human nature produces an evermore comprehensive conception of a god, one that is not incompatible with a scientific worldview, or the secular rejection of the supernatural in the name of human freedom. S. Afr. J. Philos. Vol.24(4) 2005: 289-307. (shrink)

When viewed in its historical context, Ockham’s moral psychology is distinctive and novel. First, Ockham thinks that the will is free to will for or against any object, and can choose something that is in some sense not even apparently good. The will is free from the intellect’s dictates and from natural inclinations. Second, he emphasizes the will’s independence not only with respect to passions and habits, but also with respect to knowledge, the effects of original sin, grace, and God. (...) Third, Ockham consequently argues that someone is even able to will to be unhappy, and can will another’s happiness more than or even instead of his own. (shrink)

The famed author of Systematic Theology, the vast synthesis of philosophy of culture and existentialist anthropology, of the history of religions and of the Christian Churches’ dogmatics, often acknowledged his debt to the philosophy of F. W. J. Schelling. With the translation of these his Schelling dissertations, his philosophy thesis at Breslau in 1910 and his theology thesis at Halle in 1912 respectively, the American scholar will be able to better assess Tillich’s rehabilitation of the post-Kantian idealists’ notion of (...) ‘philosophical religion.’ In these early works, one sees Tillich formulating notions that will remain central to his thought, viz. revelation as an historical process, mediated through mythology and the history of religions; being and revelation as a progression of stages or ‘potencies’; and the concept of human spirituality as a dialectic of freedom and being, in which freedom is meant to definitively win out over the unfreedom of nature and take command over being. (shrink)

In this chapter I analyze two fundamental hallmarks of liberalism—freedom of religion and freedom of expression. No society can rightly be called “liberal” if it does not endorse those freedoms. Yet, what are those freedoms, and are they realizable? I conclude that neither freedom can be given a principled elaboration. The approach to them must be pragmatic and reflect a contingent modus vivendi rather than an accommodation demanded by principle.

The phrase, "state of nature", has been used over centuries to describe the uncultivated state of lands and animals, nudity, innocence, heaven and hell, interstate relations, and the locus of pre- and supra-political rights, such as the right to resistance, to property, to create and leave polities, and the freedom of religion, speech, and opinion, which may be reactivated or reprioritised when the polity and its laws fail. Combining intellectual history with current concerns, this volume brings together (...) fourteen essays on the past, present and possible future applications of the legal fiction known as the state of nature. Contributors are: Daniel S. Allemann, Pamela Edwards, Ioannis D. Evrigenis, Mary C. Fuller, David Singh Grewal, Francesca Iurlaro, Edward J. Kolla, László Kontler, Grant S. McCall, Tom Sparks, Benjamin Straumann, Karl Widerquist, Sarah Winter, and Simone Zurbuchen. (shrink)