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 book defends the fundamental place of the marital family in modern liberal societies. While applauding modern sexual freedoms, John Witte, Jr also defends the traditional Western teaching that the marital family is an essential cradle of conscience, chrysalis of care, and cornerstone of ordered liberty. He thus urges churches, states, and other social institutions to protect and promote the marital family. He encourages reticent churches to embrace the rights of women and children, as Christians have long taught, (...) and encourages modern states to promote responsible sexual freedom and family relations, as liberals have long said. He counsels modern churches and states to share in family law governance, and to resist recent efforts to privatize, abolish, or radically expand the marital family sphere. Witte also invites fellow citizens to end their bitter battles over same-sex marriage and tend to the vast family field that urgently needs concerted attention and action. (shrink)

This volume addresses whether, how, and where laws (variously defined) teach values and shape moral character in late modern liberal societies. Each author recognizes the essential value of state law in fostering peace, security, health, education, charity, trade, democracy, constitutionalism, justice, and human rights, among many other moral goods. Each author also recognizes, however, the grave betrayals of law in supporting fascism, slavery, apartheid, genocide, persecution, violence, racism, and other forms of immorality and injustice. They thus call for state laws (...) that set a basic civil morality of duty for society and for robust freedoms that protect private individuals and private groups to cultivate a higher morality of aspiration"--Back cover. (shrink)

The twentieth-century Dutch philosopher Herman Dooyeweerd left behind an impressive canon of philosophical works and has continued to influence a scholarly community in Europe and North America, which has extended, critiqued, and applied his thought in many academic fields. Jonathan Chaplin introduces Dooyeweerd for the first time to many English readers by critically expounding Dooyeweerd's social and political thought and by exhibiting its pertinence to contemporary civil society debates. Chaplin begins by contextualizing Dooyeweerd's thought, first in relation to present-day debates (...) and then in relation to the work of the Dutch philosopher Abraham Kuyper. Chaplin outlines the distinctive theory of historical and cultural development that serves as an essential backdrop to Dooyeweerd's substantive social philosophy; examines Dooyeweerd's notion of societal structural principles; and sets forth his complex classification of particular types of social structure and their various interrelationships. Chaplin provides a detailed examination of Dooyeweerd's theory of the state, its definitive nature, and its proper role vis-a-vis other elements of society. Dooyeweerd's contributions, Chaplin concludes, assist us in mapping the ways in which state and civil society should be related to achieve justice and the public good. "This superb study simultaneously introduces and critically engages the work of one of the most important and neglected Christian thinkers of the twentieth century, while showing its connection to the pluralist tradition and bringing it to bear on the contemporary debate about civil society. More than just providing an overview of Dooyeweerd's thought, it seeks to advance his intellectual project and show its contemporary relevance. It is essential reading not only for those interested in the neo-Calvinist tradition, but for anyone interested in Christian social thought, structural pluralism, or the nature and fate of civil society." --_Kenneth L. Grasso, Texas State University _ "The subtlety, scope, and insightfulness of Dooyeweerd's social philosophy were unparalleled among Protestant thinkers in the past century. Yet his contributions are not well known. Jonathan Chaplin promises to remedy this neglect. His lucid and masterful study brings a new and transformative voice to contemporary debates about the future of a democratic society." --_Lambert Zuidervaart, Institute for Christian Studies and University of Toronto_ "Finally, an authoritative book that brings to brilliant light and life Herman Dooyeweerd's Christian philosophy of law, politics, and society. For the past half century, the profound and original teachings of this prolific Dutch sage have been lost on most readers. Jonathan Chaplin has rescued Dooyeweerd from his own obscure prose, poor translations, and cultic mystique to reveal his astonishing and engaging insights into our lives as persons and peoples, rulers and citizens, preachers and parishioners, parents and children. This will be the go-to book on Dooyeweerd for many years to come." --_John Witte, Jr., Emory University_ "Herman Dooyeweerd was both deep and original. Much of his writing is an articulation of rather undeveloped lines of thought in his Dutch predecessor, Abraham Kuyper. In the course of his exposition, Chaplin effectively highlights Dooyeweerd's significance for a theory of civil society and for present-day social theory in general." --_Nicholas Wolterstorff, Yale University and the Institute for Advanced Studies, University of Virginia_. (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 book offers an introduction to the thought of Robert Holcot, a great and influential but often underappreciated medieval thinker. Holcot was a Dominican friar who flourished in the 1330's and produced a diverse body of work including scholastic treatises, biblical commentaries, and sermons. By viewing the whole of Holcot's corpus, John T. Slotemaker and Jeffrey C. Witt provide a comprehensive account of his thought. Challenging established characterizations of him as a skeptic or radical, they show Holcot to be (...) primarily concerned with affirming and supporting the faith of the pious believer. At times, this manifests itself as a cautious attitude toward absolutist claims about the power of natural reason. At other times Holcot reaffirms, in Anselmian fashion, the importance of rational effort in the attempt to understand and live out one's faith. Over the course of this introduction the authors unpack Holcot's views on faith and heresy, the divine nature and divine foreknowledge, the sacraments, Christ, and political philosophy. They also examine Holcot's approach to several important medieval literary genres, including the development of his unique. (shrink)

The symposium »Does the Concept of ›Truth‹ Have Value in the Pursuit of Cross-Cultural Philosophy?« hones on a methodological question which has deep implications on doing philosophy cross-culturally. Drawing on early Confucian writers, the anchor, Henry Rosemont, Jr., attempts to explain why he is skeptical of pat, affirmative answers to this question. His co-symposiasts James Maffie, John Maraldo, and Sonam Thakchoe follow his trail in working out multi-faceted views on truth from Mexican, Japanese Confucian, and Tibetan Buddhist perspectives respectively. (...) As these positions substantiate, the aforementioned non-Anglo-European traditions seem to draw on an integrated view of thinking, feeling, and living a human life. For their practitioners, truth is less of a correspondence with a given external reality. In fact, it enables human beings to strike the right path in living good, social lives. (shrink)

From ancient times to the present, the discovery and presentation of new proofs of previously established theorems has been a salient feature of mathematical practice. Why? What purposes are served by such endeavors? And how do mathematicians judge whether two proofs of the same theorem are essentially different? Consideration of such questions illuminates the roles that proofs play in the validation and communication of mathematical knowledge and raises issues that have yet to be resolved by mathematical logicians. The Appendix, in (...) which several proofs of the Fundamental Theorem of Arithmetic are compared, provides a miniature case study. (shrink)

Philosophical defenses of cognitive/evolutionary psychological accounts of racialism claim that classification based on phenotypical features of humans was common historically and is evidence for a species-typical, cognitive mechanism for essentializing. They conclude that social constructionist accounts of racialism must be supplemented by cognitive/evolutionary psychology. This article argues that phenotypical classifications were uncommon historically until such classifications were socially constructed. Moreover, some philosophers equivocate between two different meanings of “racial thinking.” The article concludes that social constructionist accounts are far more robust (...) than psychological accounts for the origins of racialism. (shrink)

This paper critiques the biological race realism of Quayshawn Spencer. Spencer's recent embrace of “radical race pluralism” (RRP) is welcome but incomplete, because it needs methods that distinguish different communicative contexts for how American English speakers use “race” and related terms. I offer a pragmatic approach to identifying such contexts that combines pragmatic argumentation theory, rhetorical polysemy, and a pragmatic approach to definition. One consequence of embracing RRP is that Spencer's theory of “OMB race talk” is unsupportable because it collapses (...) three distinct communicative contexts: genomic research, legal and regulatory governance, and ordinary talk. By so doing, OMB race talk blocks attempts to fight racism and violates ethical standards that should allow people the agency to define their own identities. (shrink)

Religious considerations in medical decision-making have enjoyed newfound attention in recent years, challenging the assumption that the domains of biological and spiritual flourishing can be cleanly separated in clinical practice. A surprising majority of patients desire their physicians to engage their religious and spiritual concerns, yet most never receive such attention, particularly in cases near the end of life where such attention seems most warranted.1–3 As physicians Aparna Sajja and Christina Puchalski recently wrote in the AMA Journal of Ethics theme (...) issue on ‘Religion and Spirituality in Healthcare Practice’, modern medical training is ‘falling short of preparing physicians to help patients with the metaphysical needs of their illness’.4 It would seem then that both patients and physicians might challenge the conclusions proffered by philosophers Jake Greenblum and Ryan Hubbard in ‘Responding to Religious Patients: Why Physicians Have No Business Doing Theology’, in which they claim that physicians ought not to engage religious reasoning for medical decisions. Their conclusion relies on two core arguments: a ‘public reason’ argument and a ‘fiduciary argument’, both of which contend that theology and religious considerations have no place in medical reasoning. We find that two central errors undergird these arguments. First is the fraught notion of an epistemically and ethically normative public reason, and second is a fundamental mischaracterisation of the fiduciary nature of the patient–physician relationship and the nature of medicine itself. In response, we argue that all physicians essentially ‘do theology’ and that, rather than divorcing theology from medical practice, clinicians should make it their business to do theology well. To support the exclusion of religious reasoning from medical decision-making, the authors open with a ‘public reason argument’, suggesting that physicians serve in roles closely resembling those of public officials. As such, the physician as public official ought to limit himself …. (shrink)

Now language is very important for philosophizing, and, as we shall see, especially important for metaphysics. Metaphysics is reflection on the world as intellectually experienced, and this means, on the world as known and formulated and expressed in language or discourse. As Frederick Woodbridge puts it, "Telling the truth about man's intellectual experience of the world, and trying to discover what that truth implies, is the business of philosophy." Naturally, this attempt leads beyond that intellectual experience of the world, that (...) formulation in discourse, to the world itself. It leads to the context in which the world is experienced reflectively, to the "immediately" or "directly" experienced world—to the world encountered in our many other ways of experiencing it than reflective, intellectual, or linguistic. For "intellectual experience" is a way of experiencing the world, and "linguistic formulation" is a way of expressing and articulating subject-matter encountered and experienced in many other ways. (shrink)

All this has been clearly revealed by our philosophies of experience, however muddled they may have been about the nature of "experience" itself. Philosophies of experience have taught most when they have tried to place the world stated and known in the context of the world experienced in other ways, in order to learn and state more. They have taught least when, professedly most empirical, and most positivistic, they have tried to stay as close as possible to the world immediately (...) "given." There is a certain irony about the long and never-ending search for the "given," for what we supposedly start with, that is hardly dispelled by the shouts of triumph each time a new "given" is discovered. To seek to know what the world is like when it is not known, is after all intelligible only as a contribution to making the world better known. Whatever else the world may be when it is not known, it is at least not known. (shrink)

This is an analysis of the relation of green to nineteenth century thought. the author believes that green stands for three ideas. first, he is the major nineteenth century critic of utilitarianism. second, he is the main critic of laissez-faire individualism. third, he is the major critic of empiricism. green believed that experience is identical with thought; the real world is the intelligible world. the human mind, in knowing, establishes relations with the eternal mind. the author concludes that green is (...) both a platonist and an augustinian, eliminating particulars, or feelings, from philosophical importance. (staff). (shrink)

Legal Validity Legal validity governs the enforceability of law, and the standard of legal validity enhances or restricts the ability of the political ruler to enforce his will through legal coercion. Western law adopts three competing standards of legal validity. Each standard emphasizes a different dimension of law (Berman 1988, p. 779), and each has […].