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.

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)

It is common for religiously motivated actions to be specially protected by law. Many legal theorists have asked why: what makes religion special? What makes it worthy of toleration over and above other non-religious deeply held convictions? The answer I put forward is that religions’ alleged afterlife consequences call for a principle of toleration that warrants special legal treatment. Under a Rawlsian principle of toleration, it is reasonable for those in the original position to opt for principles of justice (...) that accommodate actions with alleged afterlife consequences. And, under a utilitarian principle of toleration, a greater psychological harm is eased by such accommodations. Additionally, this alleged afterlife consequence is found in most of the religions that are thought to warrant some level of special toleration—not only do the Abrahamic religions have alleged afterlife consequences, but many eastern religions do as well, e.g. reincarnation. (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)

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

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)

In Defense of Religious Liberty contains David Novak’s vigorous—and paradoxical—argument that the primacy of divine law is the best foundation for a secular, multicultural democracy. Novak presents his claim, which will astound both liberal and conservative advocates of democracy, in political, philosophical, and theological terms. He shows how the universal norms of divine law are knowable as natural law, that they are the best formulations of the human rights of life, liberty, and the pursuit of happiness, and (...) that their assertion includes an explicit recognition of God as cosmic lawgiver. Furthermore, Novak maintains that the seemingly disparate ideas of divine command, natural law, and human rights can be integrated into one overall political theory. Novak reveals this integration at work in the classical texts of his own Jewish tradition, as well as in the canonical philosophical tradition of the West, from Plato to the Stoics to Grotius to Kant. He also convincingly makes the case that those who reject any legitimate role for religion in discussions of public morality inevitably substitute arbitrary human power for divine command, arbitrary positive law for natural law, and arbitrary governmental entitlements for human rights that exist prior to the establishment of the state. Novak concludes that religious traditions like Judaism, precisely because they incorporate the doctrines of God the cosmic lawgiver, natural law, and human rights, provide the most coherent ontological foundation for democracy in today’s world. (shrink)

The civil rights movement has broken away from its religious roots which once provided it firm support and, indeed, it has become a threat to those roots. In fact, the past thirty years evidence two civil rights movements. The original civil rights movement promoted equal opportunity and presupposed a constrained vision of human possibilities compatible with Christianity, The revised civil rights agenda, which had replaced it by 1971, promoted preferential policies dubbed "affirmative action" based on an unconstrained vision incompatible (...) with both Christianity and the American founding. The most visible threat to religious liberty is the expansion of civil rights protections to include homosexuals despite the overwhelming rejection of homosexuality as a lifestyle by the majority of Americans, including Christians. (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.

In the face of the new and radically different type of public order that seems to be emerging on the contemporary scene, Catholics have sought to secure the legal and social space necessary for themselves and their institutions to live in accordance with their beliefs by appealing to America’s historic commitment to religious freedom. The difficulty we confront is that the vision of man and society animating this order, a vision that emerges from Enlightenment Liberalism issues in an impoverished (...) understanding of religious freedom that fails to secure this legal and social space. (shrink)

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

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)

This introduction surveys the contributions to this issue, which were originally delivered at Oxford University in 2018. By exploring the interconnections and shared motifs, this article suggests that the answer to this symposium is a tentative ‘yes’, but that the sources of those threats arise from the background culture within which these papers are situated.

Why should we care about religious liberty? Leading commentators, United Kingdom courts, and the European Court of Human Rights have de-emphasised the special importance of religious liberty. They frequently contend it falls within a more general concern for personal autonomy. In this liberal egalitarian account, religious liberty claims are often rejected when faced with competing individual interests – the neutral secular state must protect us against the liberty-constraining acts of religions. Joel Harrison challenges (...) this account. He argues that it is rooted in a theologically derived narrative of secularisation: rather than being neutral, it rests on a specific construction of 'secular' and 'religious' spheres. This challenge makes space for an alternative theological, political, and legal vision. Drawing from Christian thought, from St Augustine to John Milbank, Harrison develops a post-liberal focus on association. Religious liberty, he argues, facilitates creating communities seeking solidarity, fraternity, and charity – goals that are central to our common good. (shrink)

Ten years after over half a million Christians signed their names to a statement of conscience clarifying where they stood, the three issues dealt with in the Manhattan Declaration are of more cultural importance than ever. The main difference now, as opposed to then, is the state has since claimed authority, not only over life, but also over marriage and religious liberty." -- Amazon.com.

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)

Industry-funded religious liberty legal groups have sought to undermine healthcare policy and law while simultaneously attacking the rights of sexual and gender minorities. Whereas past scholarship has tracked religiously-affiliated healthcare providers’ growing political power and attendant transformations to legal doctrine, our account emphasizes the political donors and visionaries who have leveraged religious providers and the U.S. healthcare system’s delegated structure to transform social policy and bureaucratic agencies more generally.

Book Reviews in this article Baptism and Resurrection: Studies in Pauline Theology against its Graeco‐Roman Background. By A.J.M. Wedderburn. Meaning and Truth in 2 Corinthians. By Frances Young and David Ford. Jesus and God in Paul's Eschatology. By L. Joseph Kreitzer. The Acts of the Apostles : By Hans Conzelmann. The Genesis of Christology: Foundations for a Theology of the New Testament. By Petr Pokorny. The Incarnation of God: An Introduction to Hegel's Theological Thought as Prolegomena to a Future Christology. (...) By Hans Küng, translated by J.R. Stephenson. The Incarnation: Collected Essays in Christology. By Brian Hebblethwaite. Models for God: Theology for an Ecological, Nuclear Age. By Sallie McFague. Pp. xv, 224, London, SCM Press, 1987, £8.50 Symbol and Sacrament: A Contemporary Sacramental Theology. By Michael G. Lawler. The Sacrifice We Offer: The Tridentine Dogma and its Reinterpretation. By David N. Power. New Eucharistic Prayers: An Ecumenical Study of their Development and Structure. Edited by Frank C. Senn. To Join Together: The Rite of Marriage. By Kenneth W. Stevenson. Company of Voices: Daily Prayer and the People of God. By George Guiver. The Long‐Legged Fly. By Don Cupitt. Approaches to Auschwitz. By Richard L. Rubenstein and John K. Roth. Natural Law and Justice. By Lloyd L. Weinreb. Christian Morality: The Word Becomes Flesh. By Josef Fuchs S.J., translated by Brian McNeil. Medicine in Contemporary Society: King's College Studies 1986–87. Edited by Peter Byrne. Military Ethics: Guidelines for Peace and War. By N. Fotion and G. Elfstrom. Choice: The Essential Element in Human Action. By Alan Donagan. Persons and Personality: A Contemporary Inquiry. Edited by Arthur Peacocke and Grant Gillet. The Rationality of Emotion. By Ronald de Sousa. The Psychology of Personality: An Epistemological Inquiry. By James T. Lamiell. Aesthetics: An Introduction to the Philosophy of Art. By Anne Sheppard. The Ascetic Element in Culture and Criticism. By Geoffrey Gait Harpham. Electric Language: A Philosophical Study of Word Processing. By Michael Heim. Education and Philosophical Anthropology: Toward a New View of Man for the Humanities and English. By David Holbrook. Evolution and the Humanities. By David Holbrook. Further Studies in Philosophical Anthropology. By David Holbrook. Women in Western Political Philosophy. Edited by Ellen Kennedy and Susan Mendus. The Light of the Soul: Theories of Ideas in Leibniz, Malebranche and Descartes. By Nicholas Jolley. Arnauld and the Cartesian Philosophy of Ideas. By Stephen M. Nadler. Later Medieval Philosophy : An Introduction. By John Marenbon. Either/Or. By Søren Kierkegaard, translated by Howard and Edna Hong, Princeton University Press, 1987: Vol. One, Wittgenstein. By A.C. Grayling. Questions on Wittgenstein. By Rudolf Haller. The False Prison: A Study of the Development of Wittgenstein's Philosophy. By David Pears, Oxford, Clarendon Press. Vol. One, The Later Wittgenstein: The Emergence of a New Philosophical Method. By S. Stephen Hilmy. Knowledge of God: Calvin, Einstein and Polanyi. By Iain Paul. Conceptual Change and Religious Practice with Special Reference to Jews in Britain and Israel. By Janice Williams. The World's Religions. Edited by Stewart Sutherland, Leslie Houlden, Peter Clarke and Friedhelm Hardy. Religions in Conversation: Christian Identity and Religious Pluralism. By Michael Barnes. Theravāda Buddhism, A Social History from Ancient Benares to Modem Colombo. By Richard Gombrich. Mahāyāna Buddhism, The Doctrinal Foundations. By Paul Williams. Hinduism in Great Britain: The Perpetuation of Religion in an Alien Cultural Milieu. Edited by Richard Burghart. The Way of the Black Messiah. By Theo Witvliet. The Meaning of Religious Conversion in Africa. By Cyril C. Okorocha. Common Ground: Christianity, African Religion and Philosophy. By Emmanuel K. Twesigye. Islamic Spirituality I: Foundations. Edited by Seyyed Hossein Nasr. The Great Cosmic Mother: Rediscovering the Religion of the Earth. By Monica Sjöö and Barbara Mor. Judaism and Christianity in the Age of Constantine. By J. Neusner. Language and the Worship of the Church. Edited by David Jasper and R.C.D. Jasper. The Urban Character of Christian Worship: The Origins, Development and Meaning of Stational Liturgy. By John E. Baldovin. Leontii Presbyteri Constantinopolitani Homiliae. Edited by Cornells Datema and Pauline Allen. Law, Sex and Christian Society in Medieval Europe. By James A. Brundage. Melchior Hoffman: Social Unrest and Apocalyptic Visions in the Age of Reformation. By Klaus D Alonso de Zorita: RoyalJudge and Christian Humanist, 1512–1585. By Ralph H. Vigil. Pedro Moya de Contreras: Catholic Reform and Royal Power in New Spain, 1571–1591. By Stafford Poole. Archbishop William Laud. By Charles Carlton. The Social History of Religion in Scotland since 1730. By Callum G. Brown. Pastors and Pluralism in Württemberg, 1918–1933. By David J. Diephouse. The Churches and the Third Reich, Vol. One: Preliminary History and the Time of Illusions, 1918–1934. By Klaus Scholder. Reforming Fundamentalism. Fuller Seminary and the New Evangelicalism. By George M. Marsden. The Hellenistic Philosophers Vol. II: Greek and Latin Texts with Notes and Bibliography. By A.A. Long and D.N. Sedley. Prayers of the Eucharist: Early and Reformed. Edited by R.C.D. Jasper and G. J. Cuming. The Way of Paradox: Spiritual Life as Taught by Meister Eckhart. By Cyprian Smith. Meister Eckhart: The Man from whom God Hid Nothing. Edited by Ursula Fleming. The Spiritual Exercises of St Ignatius Loyola: A New Translation. Translated by Elisabeth Meier Tetlow. Courtfield and the Vaughans: An English Catholic Inheritance. By Mary Vaughan. Trinity College, Washington D.C.: The First Eighty Years, 1897–1977. By Columba Mullaly. John Henry Newman on the Idea of Church. By Edward Jeremy Miller. Journey from Paradise: Aft Athos and the Interior Life. By Ralph Harper. (shrink)

Summary Much recent historiography assumes that republican calls for religious liberty in seventeenth-century England were limited to Protestant dissenters. Nevertheless there is evidence that some radical voices during the Civil War and Interregnum period were willing to extend this toleration even to ?false religions?, including Catholicism, provided their members promised loyalty and allegiance to the government. Using the case study of the republican Henry Neville, this article will argue that toleration for Catholics was still an option during the (...) Exclusion Crisis of the late seventeenth century despite new fears of a growth of ?popery and arbitrary government?. Neville's tolerationist approach, it will be shown, was driven by his Civil War and Interregnum experience, as well as by political pragmatism and very personal circumstances which shaped his attitude towards Catholics in his own country and abroad. (shrink)

ABSTRACTThe essay considers the nature and extent of toleration extended by Roman authorities to the religious pluralism of the empire. Roman legal instruments and works of law and political theory identify religion not as a concern of individuals but communities, and above all of juridically-constituted communities. As a related matter, classical and Christian Latin employs the language of political belonging, most notably that of republican citizenship, as its dominant apparatus for discussing religious affiliation. These related conceptual apparatus placed (...) considerable limits on Romans’ ability to afford liberty in matters of religion to individuals. (shrink)

This is a timely book in its central theme, appearing as it does in the midst of the bicentennial celebration of the U. S. Constitution and also a time of spirited controversy over the substance of the Constitution in relation to the Supreme Court and the Executive. It is also a philosophical book of more permanent interest in its careful elucidation of meanings as it closely documents supporting grounds and arguments in a clear, pointed style without the preachy rhetoric of (...) politicians, ecclesiastics, and even Supreme Court decisions. In motivation and achievement the book reflects its author’s membership on the national board of the American Civil Liberties Union chairing its Church-State Committee, his work as Professor of Social Ethics at St. Paul School of Theology, and his previous publications on education and the politics of liberation. (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)

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)

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)

It certainly grabs one’s attention when a book’s criticism of Finnis is that he is too liberal on matters of religion. But that is not the only reason that jurisprudes should pay attention to Harri...