This book explores emerging conflicts about religious liberty and discrimination. In point-counterpoint format, it brings together longtime LGBT rights advocate John Corvino and rising conservative thinkers Ryan T. Anderson and Sherif Girgis to debate Religious Freedom Restoration Acts, anti-discrimination law, and age-old questions about identity, morality, and society.

Religious freedom is included among the basic liberties to which persons are entitled in John Rawls’s account of Justice as Fairness. Rawls’s revised presentation of this as a political conception of justice in Political Liberalism aims to show how it can be (along with the other parts of Justice as Fairness) the focus of an overlapping consensus of reasonable comprehensive doctrines. As an example, Rawls contends that his understanding of religious freedom is consistent with that of (...) the Roman Catholic Church, at least since the Second Vatican Council. I argue that he was mistaken in this in so far as other aspects of his political conception, especially its characterization of citizens as normatively having the power to form their own conceptions of the good, puts it at odds with the teaching of the Council’s Declaration on Religious Freedom, Dignitatis humanae. This suggests more generally that the limits of consensus in modern pluralist societies are greater than Rawls’s theory holds. (shrink)

This article critically assesses an account of religious liberty often associated with several legal and political philosophers: Ronald Dworkin, John Rawls, and Christopher Eisgruber and Lawrence Sager. Calling it the Religion as Comprehensive Doctrine approach, the author contrasts it with an account often attributed to John Locke and the American Founders Thomas Jefferson and James Madison, the Two Sovereigns approach. He argues that the latter provides an important corrective to RCD’s chief weakness: RCD eliminates from our vision those (...) aspects of religious belief and practice that most conventional religious believers would consider essential to their faith. (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)

This essay—originally a presentation at a symposium on “The Idea of a University in the Third Millennium: Revisiting Newman’s Vision of the Academy” at McNeese State University, Lake Charles, Louisiana, February 15–16, 2008—reflects on intellectual freedom and religious commitment at modern American universities in light of Newman’s novel Loss and Gain.

The recent confirmation of the constitutionality of the Obama administration’s Patient Protection and Affordable Care Act (PPACA) by the US Supreme Court has brought to the fore long-standing debates over individual liberty and religious freedom. Advocates of personal liberty are often critical, particularly in the USA, of public health measures which they deem to be overly restrictive of personal choice. In addition to the alleged restrictions of individual freedom of choice when it comes to the (...) question of whether or not to purchase health insurance, opponents to the PPACA also argue that certain requirements of the Act violate the right to freedom of conscience by mandating support for services deemed immoral by religious groups. These issues continue the long running debate surrounding the demands of religious groups for special consideration in the realm of health care provision. In this paper I examine the requirements of the PPACA, and the impacts that religious, and other ideological, exemptions can have on public health, and argue that the exemptions provided for by the PPACA do not in fact impose unreasonable restrictions on religious freedom, but rather concede too much and in so doing endanger public health and some important individual liberties. (shrink)

: Both Mendelssohn and Kant were strong supporters of the separation between church and state, but their arguments differed. Mendelssohn joined many others in following Locke in arguing that only freely arrived at conviction could be pleasing to God, so the state could not serve the purpose of religion in attempting to enforce it: a religious premise for religious liberty. Kant argued for religious liberty as an immediate consequence of the innate right to freedom. (...) I suggest that Kant’s straightforward argument is worth recalling in the present attack on the separation of church and state in the US and elsewhere. (shrink)

Name der Zeitschrift: Neue Zeitschrift für Systematische Theologie und Religionsphilosophie Jahrgang: 59 Heft: 3 Seiten: 410-426.

Parents’ freedom to choose infant male circumcision is the correct policyIndividuals and groups lobbying to have infant male circumcision prohibited or restricted often argue that the practice of routinely circumcising infants is unjustified. For instance, in this issue of the journal, John Hutson argues that it is virtually impossible to justify a policy in which the medical establishment should be able to embark on a “mass circumcision” campaign of 100% of the infant male population [see page 238].1Indeed, I would (...) be hard pressed to find anyone who could rationally disagree with this contention. However, this is because no one is currently arguing for the enactment of a policy that stipulates that all healthy male infants should be routinely circumcised . Arguments seeking to support a prohibition of “routine infant circumcision”, such as the one by Hutson, are arguing against a straw man—and a pitiful one at that.2 Such arguments only serve to misconstrue the debate and avoid engaging in the real and pressing issues concerning the legitimacy of the provision of this procedure.The questions that should be considered, and the ones which I shall be interested in discussing here, are what reasons are justifiable for allowing parents to choose to have their son circumcised? After well informed and careful deliberation should parents have the freedom to choose to have their son circumcised? These are the most relevant questions to be considered because there is a growing collection of citizens, medical practitioners, and lawyers who are currently lobbying for the practice of infant male circumcision to be outlawed—for example, there is a bioethicist who argues that the criminal law should be used …. (shrink)

Non-therapeutic circumcision violates boys’ right to bodily integrity as well as to self-determination. There is neither any verifiable medical advantage connected with the intervention nor is it painless nor without significant risks. Possible negative consequences for the psychosexual development of circumcised boys (due to substantial loss of highly erogenous tissue) have not yet been sufficiently explored, but appear to ensue in a significant number of cases. According to standard legal criteria, these considerations would normally entail that the operation be deemed (...) an ‘impermissible risk’—neither justifiable on grounds of parental rights nor of religious liberty: as with any other freedom right, these end where another person's body begins. Nevertheless, after a resounding decision by a Cologne district court that non-therapeutic circumcision constitutes bodily assault, the German legislature responded by enacting a new statute expressly designed to permit male circumcision even outside of medical settings. We first criticise the normative foundations upon which such a legal concession seems to rest, and then analyse two major flaws in the new German law which we consider emblematic of the difficulty that any legal attempt to protect medically irrelevant genital cutting is bound to face. (shrink)

Egalitarian theories of religious freedom deny that religion is entitled to special treatment in law above and beyond that granted to comparable beliefs and practices. The most detailed and influential defense of such an approach is Christopher Eisgruber and Lawrence Sager's Religious Freedom and the Constitution (2007). In this essay I develop, elucidate, and show the limits of the strategy adopted by Eisgruber and Sager. The strategy requires that religion be analogized with other beliefs and practices (...) according to a robust metric of comparison. I argue that Eisgruber and Sager fail to develop a consistent and coherent metric and I further suggest that this failure is symptomatic of the broader difficulty encountered by liberal theory in fitting the concept of religious freedom into a broadly egalitarian framework. (shrink)

This paper sketches a framework for the separation of church and state and, with the framework in view, indicates why a government’s maintaining such separation poses challenges for balancing two major democratic ideals: preserving equality before the law and protecting liberty, including religious liberty. The challenge is particularly complex where healthcare is either provided or regulated by government. The contemporary problem in question here is the contraception coverage requirement in the Obama Administration’s healthcare mandate. Many institutions have (...) mounted legal challenges to the mandate on grounds of religious freedom. The paper proposes a number of interconnected principles toward a resolution of the problem: for the institutional realm, specific principles for church-state separation and a principle concerning the protection of citizens’sense of identity; and for the ethics of citizenship in the conduct individuals, principles that provide an adequate place for natural (thus secular) reason in lawmaking and political decisions. (shrink)

This book is an interdisciplinary guide to the religion clauses of the First Amendment with a focus on its philosophical foundations, historical developments, and legal and political implications. The volume begins with fundamental questions about God, the nature of belief and worship, conscience, freedom, and their intersections with law. It then traces the history of religious liberty and church-state relations in America through a diverse set of religious and non-religious voices from the seventeenth century to (...) the most recent Supreme Court decisions. The Companion will conclude by addressing legal and political questions concerning the First Amendment and the court cases and controversies surrounding religious liberty today, including the separation of church and state, corporate religious liberty, and constitutional interpretation. This scholarly yet accessible book will introduce students and scholars alike to the main issues concerning the First Amendment and religious liberty, along with offering incisive new insights into one of the most important topics in American culture. (shrink)

In Chapter 5 of Liberalism’s Religion, Cécile Laborde considers the freedom and autonomy of religious associations within liberal democratic societies. This paper evaluates her central arguments in that chapter. First, I argue that Laborde makes things too easy for herself in dismissing controversies over the state’s legitimate jurisdictional authority. Second, I argue that Laborde’s view of when associations’ ‘coherence interests’ justify exemptions is too narrow. Third, I consider how we might develop an account of judicial deference to associations’ (...) ‘competence interests’. (shrink)

This volume challenges the view that women have not contributed to the historical development of political ideas, and highlights the depth and complexity of women’s political thought in the centuries prior to the French Revolution. -/- From the late medieval period to the enlightenment, a significant number of European women wrote works dealing with themes of political significance. The essays in this collection examine their writings with particular reference to the ideas of virtue, liberty, and toleration. The figures discussed (...) include Christine de Pizan, Catherine d’Amboise, Isabella d’Este, Elizabeth I, Katherine Chidley, Elizabeth Poole, Margaret Cavendish, Damaris Masham, Mary Astell, Elizabeth Carter, Catharine Macaulay, Mary Wollstonecraft, and Cornélie Wouters. These women actively contributed to the political practice and discourse of their times. Some of the women question their exclusion from political power and argue in favour of women’s virtue, prudence, and capacity to govern. Others aim to demonstrate women’s spiritual equality with men, to defend liberty of conscience, and to highlight the importance of education as a means to moral development. And some women explore the notion of female citizenship or attempt to come to terms with issues of religious freedom and religious toleration. -/- Virtue, Liberty, and Toleration serves as an introduction to a rich and as yet under-explored period in the history of women’s ideas. (shrink)

Efforts to retrieve John Courtney Murray's thought must address two questions: What has changed in the quarter-century since Murray's death? What resources does his oeuvre offer for the present situation? In examining Murray's contribution to current policy debates about church-state relations, I will first review the historically conscious methodology he drew upon and the details of his argument in favor of religious liberty. However, in the years since Murray wrote, American religious communities have been severely eroded, with (...) the consequence that Murray's argument no longer has the same force. I therefore propose a reformulation of the basis for religious freedom in order to take into account the need to maintain the social conditions necessary for the exercise of religious freedom. Such a reformulation has significant implications with regard to the question of public funding for religiously affiliated private schools. (shrink)

An invaluable reflection on the essence of liberal democracy—and an ideal introduction to the work of political philosopher Raymond Aron Liberty and Equality is the first English translation of the last lecture delivered at the Collège de France by Raymond Aron, one of the most influential political and social thinkers of the twentieth century. In this important work, the most prominent French liberal intellectual of the Cold War era presents his views on the core values of liberal democracy: (...) class='Hi'>liberty and equality. At the same time, he provides an ideal introduction to key aspects of his thought. Ranging from Soviet ideology to Watergate, Aron reflects on root concepts of democracy and representative government, articulates a notion of liberty or freedom as equal right as distinct from equal outcome, and discusses different kinds of liberties: personal, political, religious, and social. In search of a common truth or at least a common good, and analyzing what he perceives as the crisis of liberal democracies, Aron opens a space for reexamining the relation between liberty and equality. (shrink)

Toleration matters to us all. It contributes both to individuals leading good lives and to societies that are simultaneously efficient and just. There are personal and social matters that would be improved by taking toleration to be a fundamental value. This book develops and defends a full account of toleration—what it is, why and when it matters, and how it should be manifested in a just society. Cohen defends a normative principle of toleration grounded in a new conception of (...) class='Hi'>freedom as freedom from harm. He goes on to argue that the moral limits of toleration have been reached only when freedom from harm is impinged. These arguments provide support for extensive toleration of a wide range of individual, familial, religious, cultural, and market activities. _Toleration Matters_ will be of interest to political philosophers and theorists, legal scholars, and those interested in matters of social justice. (shrink)

Grace and Freedom in a Secular Age offers a concise exposition of key ideas - contingency, otherness, freedom, vulnerability and mutuality - that inform the work of the Canadian philosopher Charles Taylor, especially concerning the dynamics of religious belief and religious denial in what he calls a "a secular age." The book integrates discussion of Immanuel Kant and Susan Neiman in particular and seeks to show how Taylor's work can be fruitfully engaged by theologians.

_From one of the leading historians of Christianity comes this sweeping reassessment of religious freedom, from the church fathers to John Locke_ In the ancient world Christian apologists wrote in defense of their right to practice their faith in the cities of the Roman Empire. They argued that religious faith is an inward disposition of the mind and heart and cannot be coerced by external force, laying a foundation on which later generations would build. Chronicling the history (...) of the struggle for religious freedom from the early Christian movement through the seventeenth century, Robert Louis Wilken shows that the origins of religious freedom and liberty of conscience are religious, not political, in origin. They took form before the Enlightenment through the labors of men and women of faith who believed there could be no justice in society without liberty in the things of God. This provocative book, drawing on writings from the early Church as well as the sixteenth and seventeenth centuries, reminds us of how “the meditations of the past were fitted to affairs of a later day.”. (shrink)

In this book, David Burrell, one of the foremost philosophical theologians in the English-speaking world, presents the best of his work on creation and human freedom. A collection of writings by one of the foremost philosophers of religion in the English-speaking world. Brings together in one volume the best of David Burrell’s work on creation and human freedom from the last twenty years. Dismantles the ‘libertarian’ approach to freedom underlying Western political and economic systems. Engages with Islam, (...) Judaism and Christianity, and with modern and pre-modern systems of thought. The author is noted for his rigorous approach, his wry humor, his intellectual subtlety and his generous spirit. (shrink)

Facsimile of 1943 Edition. In this work Berdyaev outlines his philosophical journey and describes the influences which brought him to his intellectual position. In his view, the only way of escape from the many forms of slavery--spiritual, economic, political--which shackle and impoverish the spirit lies in the fuller realization of personality, as he defines it. Berdyaev essentially embraced a religious view of man in the world and his work played a large part in the renaissance of religious and (...) philosophical thought in Russian intellectual life early in the 20th century. In 1922 he and other intellectuals were expelled from the USSR. In the end he advocated for a "personal transvaluation of values.". (shrink)

Facsimile of 1943 Edition. In this work Berdyaev outlines his philosophical journey and describes the influences which brought him to his intellectual position. In his view, the only way of escape from the many forms of slavery--spiritual, economic, political--which shackle and impoverish the spirit lies in the fuller realization of personality, as he defines it. Berdyaev essentially embraced a religious view of man in the world and his work played a large part in the renaissance of religious and (...) philosophical thought in Russian intellectual life early in the 20th century. In 1922 he and other intellectuals were expelled from the USSR. In the end he advocated for a "personal transvaluation of values.". (shrink)

Chapter One INTRODUCTION The Question of Freedom Freedom - personal, political, religious or economic - is a pervasive ideal in our societies. ...

Leading legal scholar John Witte, Jr. explores the role religion played in the development of rights in the Western legal tradition and traces the complex interplay between human rights and religious freedom norms in modern domestic and international law. He examines how US courts are moving towards greater religious freedom, while recent decisions of the pan-European courts in Strasbourg and Luxembourg have harmed new religious minorities and threatened old religious traditions in Europe. Witte argues (...) that the robust promotion and protection of religious freedom is the best way to protect many other fundamental rights today, even though religious freedom and other fundamental rights sometimes clash and need judicious balancing. He also responds to various modern critics who see human rights as a betrayal of Christianity and religious freedom as a betrayal of human rights. (shrink)

This chapter demonstrates how early modern male and female thinkers alike were concerned not only with ethical, religious, and political liberty, but also with the liberty to philosophize, or libertas philosophandi. It is argued that while men’s interests in this latter kind of liberty tended to lie with the liberty to philosophize differently from their predecessors, women were more concerned with the liberty to philosophize at all. For them, the idea that women should be (...) free to think was foundational. This chapter shows how some women thinkers of the period, such as Damaris Cudworth Masham (1658–1708) and Mary Astell (1666–1731), followed through on the general trend of thinking about liberty in terms of freedom of the mind, to thinking about liberty for women in wider ethical and political terms. To support this point, the chapter explores their views on education, female rationality, and moral philosophy. (shrink)

In this short article, my aim is to introduce readers to some debates about religious freedom and constitutional law in the United States. I highlight a few of the enduring questions debated by political philosophers and legal scholars. For example, does the Constitution require special religious exemptions for citizens whose religious convictions put them at odds with otherwise neutral and legitimate state pol- icy? Should the Constitution be interpreted as supporting a strict secularism or a multicultural (...) egalitarian liberal position? What are the limits to religious freedom? To illustrate how these and related questions are debated I consider some recent work on religious freedom jurisprudence in the United States. (shrink)

At the beginning of Nostra aetate, the Church calls for mutual understanding with Muslims in the interests of “peace, liberty, social justice, and moral values.” This paper strives to achieve such an understanding in light of the fragile state of democracy in today’s world. The paper first presents the Church’s approach to democracy through an analysis of the work of the philosopher Jacques Maritain and the Second Vatican Council. It then presents representative views from Islam: the work of the (...) Sunni legal scholar Khaled Abou El Fadl and the Shi’ite scholar Naser Ghobadzadeh. By appealing to the Jesuit scholarDavid Hollenbach’smethodology of “dialogic universalism,” the paper argues finally that there is a rich confluence between the two traditions: Their basic commitment to the dignity and freedom of the human person implies a respect for pluralism, a reverence for reason, and a call for self-transcendence, all of which can serve to enhance democracy. (shrink)

A liberal pluralist state recognizes that its members exercise a variety of religions or hold diverse comprehensive doctrines, and strives for neutrality so that none is favored. Neutrality can come into tension with the demands of individuals to express their religion in public spaces. I focus on a display of a “finals tree,” that many regard as a Christmas tree, on the campus of a public university, a display objected to by a small minority of non-Christian faculty and students who (...) claim it makes them ‘outsiders’ and should be removed. While display of a Christmas tree doesn’t violate the First Amendment because the Court has ruled it is a secular symbol, resolving that legal issue doesn’t resolve the ethical issue of which side should accommodate the other. To address that, I turn to traditional theories of Kant and Mill, who would side with the tree displayers, who are causing no harm and restricting no one else’s liberty. Finding this resolution wanting, I develop a modified version of Jeremy Waldron’s ‘adequacy’ principle, which has us be sensitive to the aims of others when our actions keep them from adequately pursuing their legitimate aims, so long as accommodating them does not keep us from adequately pursuing our own. I depart from Waldron in arguing that in assessing each side’s claims we should sometimes conduct a limited inquiry into the sincerity of one’s religious reasons, and this inquiry would not be incompatible with liberal pluralism’s requirement that we appeal to public reason. (shrink)

In the United States and Europe, an increasing emphasis on equality has pitted rights claims against each other, raising profound philosophical, moral, legal, and political questions about the meaning and reach of religious liberty. Nowhere has this conflict been more salient than in the debate between claims of religious freedom, on one hand, and equal rights claims made on the behalf of members of the lesbian, gay, bisexual, and transgender community, on the other. As new rights (...) for LGBT individuals have expanded in liberal democracies across the West, longstanding rights of religious freedom -- such as the rights of religious communities to adhere to their fundamental teachings, including protecting the rights of conscience; the rights of parents to impart their religious beliefs to their children; and the liberty to advance religiously-based moral arguments as a rationale for laws -- have suffered a corresponding decline. Timothy Samuel Shah, Thomas F. Farr, and Jack Friedman's volume, Religious Freedom and Gay Rights brings together some of the world's leading thinkers on religion, morality, politics, and law to analyze the emerging tensions between religious freedom and gay rights in three key geographic regions: the United States, the United Kingdom, and continental Europe. What implications will expanding regimes of equality rights for LGBT individuals have on religious freedom in these regions? What are the legal and moral frameworks that govern tensions between gay rights and religious freedom? How are these tensions illustrated in particular legal, political, and policy controversies? And what is the proper way to balance new claims of equality against existing claims for freedom of religious groups and individuals? Religious Freedom and Gay Rights offers several explorations of these questions. (shrink)

Human rights were analyzed and described in many writings from older times. If we consider their fame and historical value, most important ones are: Great Charter of Freedoms of 1215, the Law on Rights of 1689, the Declaration of Independence of the United States of America and the Declaration of the Rights of Man and Citizen. In Chapter 1 of Magna Carta was described the freedom of religion – it established the freedom of the English church from state (...) interference. Today, implementation of this principle, challenges the communities to examine the part they might play in the development of a liberal democracy and to be part of the solution rather than part of the problem in internal and international relations. The restitution of the expropriated congregational properties – concretely of the Islamic Community of Macedonia remains open and can reflect the level of respect of human rights in general and religious and property rights in particular. The aim of this paper is to bring some facts on actual situation regarding the implementation of religious and related rights and discuss the way this principle has found its implementation in Macedonian legislations. Also this paper will seek to identify the problems that occur regarding these rights. (shrink)

To what extent should states accommodate religious liberty claims? Can the pluralist state be neutral between religions and secularism? This book explores contemporary legal controversies regarding the protection of religious liberty from a theoretical and comparative perspective, looking at issues such as family and parenting, medical treatment, education, employment, religious group autonomy, and freedom of expression.

The contribution places Hegel‘s political philosophy, chieflypresented in Elementsof the Philosophy of Right from 1820 but already adumbrated in The GermanConstitution from 1799-1802, intothe context of the quarrel between the ancients and the moderns about the relation between thecitizen andthe stateand the corresponding differentiation of political freedom and civil liberty. In particular, the contribution attributes to Hegel a third, conciliatory position beyond the establishedopposition between the ancient republican ideal of civic commitment and service and the modern emphasis on (...) individual choiceand personal self-fulfillment. (shrink)

The problem of religious freedom in Latin America is focused on the distinction between religious liberty and religious toleration. Religious freedom, by definition, must exclude the principle of toleration in religion. In most countries in Latin America, the power and prestige of the State is behind the Roman Catholic Church. Other beliefs and religions are merely tolerated to varying degrees. This and other factors are indications of religious coercion. God has not given (...) any State the power to compel human beings to religious observance. Equal rights to all and special privileges to none is the ideal which, in Latin America, seems to be neither explicitly nor implicitly evident. (shrink)

Uses an ongoing legal controversy to explore the controversial subject of religious liberty and education.

Questions of religious liberty have become flashpoints of controversy in virtually every area of life around the world. Despite protection of religious liberty at both supranational and individual state levels, there is an increasing number of conflicts concerning the proper way to recognize it, both in modern secular states, and in countries with an established religion or theocratic mode of government. This book provides an analysis of the general concept of religious liberty with a (...) close study of important cases that serve as a test bed for proposals. It combines the insights of both pure academics and experienced practitioners in law to take a fresh look at the nature, scope and limits of religious liberty. Divided into two parts, the collection presents a blend of legal and philosophical approaches, and draws on cases from a wide range of jurisdictions, including Brazil, India, Australia, USA, Netherlands, and Canada. Presenting a broad range of views, this often provocative volume makes fascinating reading for academics and researchers working in the areas of law and religion, legal philosophy and human rights. (shrink)

The concept of positive liberty includes both the regulative autonomy to do what we will and the constitutive autonomy to become what we will. However, the latter represents the full meaning of the idea. Liberty in this meaning is a creative power: we are most free in the positive sense when we give our defining constitutive rules to ourselves. The original conceptual model for liberty as creativity did not belong to classical Greek tradition but came to us (...) from Judaism. The religious idea of spontane- ous, supra-natural, existential self-sufficiency provided the template for the idea of positive liberty, often described explicitly as a god-like power, by writers including Rousseau, Kant, Hegel and Marx. The value of creativity became secularized in modernity as a core belief in politics, morality and the arts. (shrink)

The paper concentrates on two main theoretical problems connected with the idea of ‘person’, namely, ‘freedom’ and the ‘reality of evil’. Will be considered both Russian and Italian thinkers. After a presentation of Berdyaev’s philosophy of person and its critics (Vasilii Zenkovsky), alternative theological approaches to personality (Bulgakov, Lossky) will be considered. The last part of the paper deals with the heritage of Dostoevsky and Berdyaev in Italy, focusing on the ‘ontology of freedom’ proposed by Luigi Pareyson. The (...) final remarks try highlight communion as the necessary horizon for freedom and personality. (shrink)

Religious freedom is one of the most debated and controversial human rights in contemporary public discourse. At once a universally held human right and a flash point in the political sphere, religious freedom has resisted scholarly efforts to define its parameters. Taliaferro explores a different way of examining the tensions between the aims of religion and the needs of political communities, arguing that religious freedom is a uniquely difficult human right to uphold because it (...) rests on two competing conceptions, human and divine. Drawing on classical natural law, Taliaferro expounds a new, practical theory of religious freedom for the modern world. By examining conceptions of law such as Sophocles' Antigone, Maimonides' Guide of the Perplexed, Ibn Rushd's Middle Commentary on Aristotle's Rhetoric, and Tertullian's writings, The Possibility of Religious Freedom explains how expanding our notion of law to incorporate such theories can mediate conflicts of human and divine law and provide a solid foundation for religious liberty in modernity's pluralism. (shrink)

A series of cases, some of them with a high media profile, suggest that freedom of religion or belief in the United Kingdom is being undermined by the operation of new equality laws. This article outlines the constitutional context for liberty and equality rights as well as the main ways in which religious liberty is secured by and within equality law. However, British equality law puts pressure on religious liberty in four ways: it confines (...) the relevance of ‘religion’ to limited social contexts; it creates a priority for equality-perspectives over liberty-perspectives on social conflict; it generates new social assumptions about what individuals have to believe and say if they are to be trusted to uphold the law; it provides legitimation for the imposition of contested comprehensive equality doctrines, some of which are inimical to civil liberty. In response, it is important to emphasise the role of equality law as a tool to secure mutual toleration and equal rights in the face of religious and ethical disagreement. (shrink)