Freedom of Thought

Reprint of an article published in the Journal of Philosophy of Education (2010) about the tension between a right to academic freedom and a responsibility to promote public goods, discussed largely in the African context.

A growing body of work in free speech theory is interested in the nature of counterspeech, i.e. speech that aims to counteract the effects of harmful speech. Counterspeech is usually defined in opposition to legal responses to harmful speech, which try to prevent such speech from occurring in the first place. In this paper we challenge this way of carving up the conceptual terrain. Instead, we argue that our main classificatory division, in theorising responses to harmful speech, should be between (...) pro-discursive and anti-discursive responses. Some legal responses to harmful speech, so we argue, make a positive discursive contribution in their own right. That is, legal restrictions on harmful speech can have a function that is importantly similar to speech that aims at countering the effects of harmful speech. (shrink)

Conditions for recognition of religion or belief (RoRB) continued to deteriorate around the world from June 2021 to June 2022. Authoritarian regimes bent on controlling religious activity maintained a foothold in Africa, Asia and parts of Central and South America. The liberties enshrined in the European Convention on Human Rights are at serious threat by the Russian Federation's invasion of Ukraine. While in Afghanistan, the Taliban's reclamation of power after twenty years of being kept at bay likely signals a new (...) generation of Afghan boys and girls who will not see their fundamental human rights upheld by the very institutions that are supposed to protect them.​ -/- The Religious Recognition Project considers the topic of how countries register religious groups and activities is one of the foremost issues in the modern world when it comes to respecting and protecting freedom of religion or belief (FoRB). The majority of countries and territories (58% or 137 out of 235 studied) either continue to make government registration mandatory for religious groups or provide no registration procedures at all. -/- An even greater majority of countries have established onerous registration procedures, the consequences of which, whether by intention or not, include the disenfranchisement of belief communities, the deregistration or denial of registered status for minority or "untraditional" religious groups, and the state's maintenance of control over the religious and philosophical lives of citizens. In essence, issues of registration remain a harbinger of worse violations of FoRB to come so if a focus is placed on dismantling these misused recognition and registration systems, it is possible that we could see a brighter future for FoRB conditions in countries worst effected by this issue. (shrink)

Recognition of Religion or Belief presents a global overview of the systems, laws and mechanisms states have established to recognise religions and beliefs and to legally register their affiliated organisations. Recognition of Religion or Belief is the first book of its kind to dedicate its contents to the recognition and registration issues, especially how they intersect with religious freedom conditions around the world. The book provides an analysis of the most up-to-date data on the recognition systems and registration procedures of (...) every country and territory on the planet using terminology derived from Cometan's doctoral research forming his upcoming thesis titled Religious Freedom & State Recognition of Belief to which Recognition of Religion or Belief acts as both a compliment and precursor. (shrink)

In recent years, there has been increased academic interest in the human right to freedom of thought (RFoT). Scholars from various disciplines are currently debating the content and scope of this right. In his annual thematic report of 2021, the United Nations Special Rapporteur on Freedom of Religion or Belief paid explicit and comprehensive attention to the RFoT, encouraging further clarification of the content and scope of the right. This paper aims to contribute to this end, setting the stage for (...) further research, by offering a multidisciplinary analysis of the RFoT’s scope, relation to other rights, practical significance and moral foundations. (shrink)

ABSTRACT Some of the most compelling contemporary ethical questions surround 21st Century neuroscientific technologies. Among these, neurocognitive intervention technologies allow an unprecedented ability to alter thought. Concerns exist about their impact on individual freedom, behavior and personhood. They could also distort society, eroding core values of dignity, equality, and diversity. Potent laws are needed to anchor regulation in this rising field. The article explores how the long-neglected human right of Freedom of Thought might protect the integrity of the mind at (...) the legal system’s highest level. Sample cases illustrate how it could be given effect ethically and legally to set boundaries for neurocognitive intervention. (shrink)

In recent years, there has been a concerted attack on many of the precepts of Western civilization relating to the concept of God, truth, Christianity, morality, sex, the family, and even modern science, especially biology. The concern of this volume is to explore these and other attacks through the tools of philosophy, theology, science, and intuition. It seeks to bring clarity to the ongoing struggle of Western civilization to preserve its values and traditions. -/- The West is crumbling at an (...) accelerated rate. The unfolding erasure of history, objective morality, and truth has paved the way for our current predicament. We are now standing at the precipice of the future of human civilization. The attacks on the human person are unrelenting, malicious, multifaceted, and wide-ranging in their scope and breadth, from the time prior to birth until the moment of death. If you are granted the “right” to live, then you must be prepared for unending assaults on your, mind, body, and soul. Nevertheless, the spirit of man and the greatness of God are infinitely greater than any of these assaults. It is by making sense of nonsense that humanity will be able to navigate out of the West’s current quagmire. (shrink)

It is often held that people have a moral right to believe and say whatever they want. For instance, one might claim that they have a right to believe racist things as long as they keep those thoughts to themselves. Or, one might claim that they have a right to pursue any philosophical question they want as long as they do so with a civil tone. In this paper I object to those claims and argue that no one has such (...) unlimited moral rights. In Part 1 I explore the value of the freedoms of thought and expression. In Part 2 I argue against the unlimited moral right to free expression, focusing in particular on the special obligations and moral constraints that obtain for academics. In Part 3 I argue against the unlimited moral right to free thought. (shrink)

The article discusses an important topic related to the subject of freedom in the human and the religious thought, through studying the limits of one of the most important items of the concept of freedom, that is the freedom of expression as one of the basic freedoms established for man. Human law and religious law perform two basic functions concerning the freedom of expression; the first is to secure this freedom against the actions that harm it, and this is done (...) by considering any form of aggression against this kind of freedom as a crime. And the second is to prevent individuals from violating the permitted and lawful limits of exercising the freedom of expression. In fact, the violation of the freedom of expression leads to criminal responsibility. And through human and religious law, a balance is achieved between the interest of individuals and the interest of society, for the protection of man and society constitute the purpose of any legal legislation. At the same time, it preserves society and keeps it safe and secure. So, this article tries to establish the areas and limits of the freedom of expression and put it in its proper context. Through the study, it has become clear to us that both the humanitarian law and the Islamic law agree on protecting the freedom of expression. (shrink)

Academic freedom has often been defended in a progressivist manner: without academic freedom, creativity would be in peril, and with it the advancement of knowledge, i.e. the epistemic progress in science. In this paper, I want to critically discuss the limits of such a progressivist defense of academic freedom, also known under the label ‘argument from truth.’ The critique is offered, however, with a constructive goal in mind, namely to offer an alternative account that connects creativity and academic freedom in (...) a way that goes beyond mere reference to epistemic progress and involves reference to the freedom to think independently as the freedom we mean when we point to creativity and when we point to academic freedom. The resulting causal independence account is not only epistemologically stronger than a progressivist account, it also allows to counter the curbing of academic freedom in the name of progress. The latter becomes key, for instance, when authoritarian political regimes limit or negate academic freedom with reference to an epistemic progress suitably defined for that regime. (shrink)

Existe una sensación persistente de confusión: de múltiples opiniones y relatos que impiden formar una idea clara de hechos y alternativas. Conforme acumulamos las fuentes accesibles por internet y las redes y media donde ver, oír y leer, más difícil se hace formarse una idea clara y coherente de los hechos. Sin embargo, una democracia se basa en la información plural y veraz, ya que, sin ésta, los electores no pueden tomar decisiones como sujetos de plenos derechos políticos; ni los (...) partidos, grupos o ciudadanos que se presenten a las elecciones tienen posibilidad de ver reflejadas sus alternativas. (shrink)

In this article I argue not only for the value of hermeneutics today but also, and especially, how the crucial gesture of hermeneutics is that of changing the subject for the sake of our today. Surveying briefly the main lines of hermeneutical positions along its history and critiques, and connecting these critiques to the discrepancy between theory and practice, between interpretation and the need to change the world, the article proposes that our reality today, reshaped through globalization and the virtual, (...) is performed as a hermeneutics of history. The challenge for today’s hermeneutics is to work out categories for understanding the present as on-going in a world that tends to capture and distort more and more the meaning of freedom of thought. In the final section, I propose a hermeneutics of the on-going, of gerundive time, partially under the inspiration of Paul Celan, as a response that develops the meaning of the freedom of thought. A defense of nearness and how to think in narrow nearness to the on-going is discussed. (shrink)

Paul Goodman, 1960’larda modern Amerikan toplumunun organize sistemi içerisinde dönemin gençliğinin sorunlarını ön plana çıkaran ‘Growing Up Absurd: Problems of Youth in the Organized System’ (Saçmayı Büyütmek: Organize Sistemde Gençliğin Problemleri, 1960) eseri ile sosyal bir eleştirmen olarak ön plana çıkmıştır. Amerikalı bir düşünür olan Paul Goodman’ın kısa öyküler, romanlar, şiirler ve makalelerden oluşan çalışmaları, siyaset, sosyal teori, eğitim, kentsel tasarım, edebi eleştiri, hatta psikoterapi gibi geniş bir yelpazeye dağılmıştır. Onun temel argümanı (1960: 9-10) tek bir merkez etrafında örgütlenen teknoloji (...) toplumunun başarısızlıklarını eleştirerek, mevcut düzenin insanın doğasına uygun bir biçimde yeniden inşasını vurgulamaktadır. Goodman’ın yeniden inşa süreci içerisinde insan doğasına önem veren faaliyete dayalı anarşist ideolojisi, sorumluluk duygusunun homojen bir şekilde bireyler arasında paylaşılması gerektiğini vurgular. Goodman merkeziyetçi olmayan siyaset anlayışı ile kendisini Amerikan siyasetinin ve kültürünün karşısında yer alan bir pozisyonda konumlandırmaktadır (Honeywell, 2011: 1). Diğer bir deyişle Goodman (1960: 36), anarşist geleneği formüle etmek amacıyla yirminci yüzyıl Amerikası’nın içinde bulunmuş olduğu mevcut durumdan yola çıkarak eleştirilerini ademi merkeziyetçilik, katılımcı demokrasi, özerk toplum temaları üzerine temellendirmiştir. -/- Goodman’a göre, sosyal, kültürel, ahlâk ve eğitim gibi alanlarda uygulanan kurallar günümüz devletlerini etkisi altına alan kapitalist düzen tarafından belirlenmektedir (Bakır, 2016: 110). Bu durum Goodman’ın da içerisinde bulunduğu anarşist düşünürler tarafından kabul edilebilecek bir husus değildir, çünkü anarşistler mevcut düzenin ve sosyal yaşamın otorite ve itaat yapılarıyla güçlendirilen belirli yaklaşımlar ile kontrol altına alınmasını, insanların fikirlerini özgürce ifade edemeyeceği, bir nevi entelektüel bir hapishane içerisinde yaşaması anlamına geleceğinden dolayı karşı çıkmaktadırlar (Sheean, 2003: 122). Aynı nedenlerden dolayı Goodman, modern liberalizm ve Marksizm gibi alternatif radikal ideolojileri yerinden yönetim düşüncesi ve sosyal mühendislik konusundaki eğilimleri dolayısıyla reddetmektedir. Goodman için anarşizm, özgürlük ve toplumsal değişime yeterli düzeyde arka çıkabilecek tek ideolojik çerçeve olarak görülmektedir. Ona göre (2010: 143), “anarşizm ya da daha iyisi, anarko-pasifizm (toplumsal değişim hareketleri içerisinde örgütlü şiddete ve kurumlara karşı çıkan anarşist anlayış) günümüzün gelişmiş toplumlarının bürokrasilerini, karar verme konusunda aşırı merkezîleşmelerini ve sosyal mühendislik gibi problematik durumlarını ve tehlikelerini tutarlı bir şekilde öngörmüştür”. -/- Siyaset, sosyoloji ve felsefe gibi çeşitli alanlar içerisinde etkili olan anarşist kuramlar, radikal bir söylem olarak eğitimcileri ve araştırmacıları yeni öğretilere ve uygulamalara teşvik etme konusunda itici bir güç oluşturabilmektedirler. Anarşist yaklaşımlardan eğitim kuramı ve araştırmalara yönelik daha belirleyici bir rol alması beklenmektedir, ancak bu yaklaşımlar mevcut radikal akademik görüşü büyük ölçüde etkisi altına alan Marksizm’in eğitim alanında göstermiş olduğu aynı etkiyi gösterememiştir. Anarşist düşünceleri eğitim alanı içerisinde daha etkili ve görünür kılabilmek amacıyla Paul Goodman, Francisco Ferrer ve Alexander Neill’ın ileri sürmüş olduğu çeşitli düşünceler, girişimler ve uygulamalar ortaya çıkmıştır. Bu doğrultuda Goodman’ın anarşizme ilişkin düşünceleri ile bu çalışma sıkı bir anarşizm tahlili, eleştirisi ve felsefesinden öte anarşist anlayışın eğitimdeki uygulanabilirliğine yönelik bir soruşturma içerisine girmekte ve anarşist yaklaşımın mevcut eğitim sistemlerinden hangi yönleriyle farklılaştığını, sonucunda etkili bir eğitim anlayışı ortaya koyup koyamadığını tartışmaktadır. (shrink)

But our citizenship is in heaven. And we eagerly await a Savior from there, the Lord Jesus Christ, who, by the power that enables Him to subject all things to Himself, will transform our lowly bodies to be like His glorious body. – Philippians 3:20–21.

In ‘The Open Society and its Enemies,’ Karl Popper contrasts closed and open societies. He evaluates irrationalism and the different kinds of rationalism and he argues that critical rationalism is superior. Living in an open society bestows great benefits but involves a strain that may in some people engender a longing to return to a closed society of tribal submission and an attraction for irrationalism. Attempts to recreate a closed society lead to totalitarianism. In the light of Popper’s arguments I (...) criticise contemporary identity politics and I show that identity politics is irrationalist and tends to totalitarianism. (shrink)

Many religious freedom laws provide exemptions to persons who refuse to comply with certain laws on religious grounds. But these exemptions are increasingly used (by claimants and others) to advance political goals. For example, religious freedom lawsuits helped to undermine the Affordable Care Act’s guarantee of coverage for contraceptives. And the recent Masterpiece Cakeshop case was part of a broader effort to protest the right to same-sex marriage. This paper argues that the state should not grant religious exemptions when they (...) are used to advance political goals. A religious exemption creates a legal inequality between citizens that can only be justified if the protection is not used politically. As such, the state should ensure that laws providing religious exemptions are written, interpreted, and enforced so as to prevent their political misuse. (shrink)

It is a matter of philosophical debate whether Jonathan Israel’s assessment of Spinoza’s notion of ‘state religion’ can be interpreted as an atheistic and Marxist reading of Spinoza. Contrary to the widely accepted view, Spinoza has a peculiar understanding of religion; and thus, his views cannot, simply, be equated with atheism. By relying on this fact, in this article, I am going to shed light on the issue and try to show to what extent Israel’s interpretation goes beyond what Spinoza (...) himself claims and whether or not Spinoza’s views can make him an atheist. Another concern of the text will be elucidating Marx’s critique of Bruno Bauer’s argument for the abolition of religion and laying bare if there is any continuity between Marx and Spinoza on the problem of religion. After Israel’s interpretation is restated, both Spinozistic view of religion, as he puts forward in the Theological-Political Treatise [Tractatus Theologico- Politicus, 1670] and Political Treatise [Tractatus Politicus, 1676] and Marx’s arguments on the same issue in “On the Jewish Question” [in Deutsch-Franzosische Jahrbucher, 1844] will be examined in detail. Depending on these investigations, it will be argued that what Israel defends in his text Radical Enlightenment [2001] does not make Spinoza an atheist; on the contrary, although Spinoza is not an advocate of the commonsensical view of religion, he defends his own understanding of religion—which causes him to be regarded, prejudicedly, as an atheist. Furthermore, it will be pointed out that Israel’s interpretation cannot be a Marxist interpretation either because Marx’s critique of religion is generally misunderstood and mistaken with that of Bruno Bauer. Neither Spinoza’s views on religion nor that of Marx are completely compatible with what Israel defends in Radical Enlightenment; nevertheless, this does not mean that Israel tries to make an atheist or Marxist out of Spinoza through his appropriation of the philosopher. (shrink)

At work a characterization of the sins of word, i.e., those transgressions in which predominated orality, to understand what was the place that was assigned occurs within a legal framework that tended to control activities individuals and the reason why he was persecuted. At first, it shows what modifications of Christian thought that allowed for specific classifications of sins were, as a result of the emergence of Thomism, and the predominance of an ethical supported by the Decalogue, he began to (...) speak of sins in thought, word, and deed. In researching the mechanisms that the Catholic Church used to control the use of the word they are also presented. The aim was to have strict control of the word to avoid misconceptions, ideas that could break the building and doctrinal belief system from spreading. Freedom of thought, doubt or disbelief were not permissible in a scheme that sought to impose their world view and, therefore, could not allow dissent or questioning of paradigms. (shrink)

This paper explains how the practice of ‘no platforming’ can be reconciled with a liberal politics. While opponents say that no platforming flouts ideals of open public discourse, and defenders see it as a justifiable harm-prevention measure, both sides mistakenly treat the debate like a run-of-the-mill free speech conflict, rather than an issue of academic freedom specifically. Content-based restrictions on speech in universities are ubiquitous. And this is no affront to a liberal conception of academic freedom, whose purpose isn’t just (...) to protect the speech of academics, but also to give them the prerogative to determine which views and speakers have sufficient disciplinary credentials to receive a hearing in academic contexts. No platforming should therefore be acceptable to liberals, in principle, in cases where it is used to support a university culture that maintains rigorous disciplinary standards, by denying attention and credibility to speakers without appropriate disciplinary credentials. (shrink)

American Muslims increasingly negotiate their relation to a government that is suspicious of Islam, yet which is legally obligated to recognize them as rights-bearing citizens. To better understand how the post-9/11 state is reshaping American Islam, I examine the case of Muslim American dissident Tarek Mehanna, sentenced to seventeen years in prison for providing material support for terrorism, on the basis of his controversial words (USA v. Mehanna et al, 2012). I situate Mehanna’s writing and reflections within a long history (...) of American activism, in particular the traditions represented by Henry David Thoreau and John Brown. -/- . (shrink)

Brief reflections in prose and verse on the vital importance of linguistic diversity.

When the time comes to decide how to govern an extraterrestrial settlement there will be many alternatives to chose from. We will have the opportunity to try new and so far untested theories, but there are also some old forms of government that might be tempting to try again. We might for instance let the company whose activities on the world are the reason for the establishment govern the settlement. This has been tried before on our own planet both because (...) it was seen as convenient and as an incentive for colonisation. In this chapter I will ask what this solution would mean for the civil liberty of the settlers. To answer the question I will look at some historical analogues and have a philosophical discussion. The conclusion is that a settlement governed by a body whose sole reason for existence is to make money for the owners, that is led by a board that answers only to the owners and not to the people, that functions as both government and sole employer, and that has the unlimited power over the life support systems necessary for the survival of the settlers will not be a good basis for civil liberties. (shrink)

This volume offers scholarly perspectives on the creative and humorous nature of the protests at Gezi Park in Turkey, 2013. The contributors argue that these protests inspired musicians, film-makers, social scientists and other creative individuals, out of a concern for the aesthetics of the protests, rather than seizure of political power.

In this essay, I have researched the artistic and political philosophy of the Situationist International – a revolutionary movement that has made a great impact on contemporary culture. Using the foundation of this research, I have then built on it with my own hypotheses and speculations on the meaning of art as we know it – questioning what defines true creativity and “authentic experience”. I then draw conclusions as to the successes and failures of the Situationist International, what we can (...) learn from them, and, along with the concepts I developed during the essay, how we can use the positive aspects of their work to contribute to our own “self-theory” and artistic approach. (shrink)

The article provides an analysis of the European Court of Human Rights judgments in the case of Lautsi v. Italy (application no. 30814/06), also known as the Italian crucifix case. The applicant claimed that displaying crucifixes in the Italian State-school classrooms attended by her children was contrary to the principle of secularism, by which she wished to bring up her children, and therefore infringed her right to ensure their education and teaching in conformity with her religious and philosophical convictions, and (...) also breached her freedom of conviction and religion, as protected by Article 9 of the Convention. In its judgment of November 3, 2009, the seven-judge Chamber declared that there had been a violation of Article 2 (right to education) of Protocol No. 1 of the European Convention on Human Rights taken together with Article 9 (freedom of thought, conscience, and religion) of the Convention. The judgment was given unanimously and none of the judges appended a separate opinion. The Italian Government asked for the case to be referred to the Grand Chamber by virtue of Article 43 of the Convention. In the judgment of the Grand Chamber, delivered on March 18, 2011, the Court held, by fifteen votes to two (and with separate opinions of six judges), that there had been no violation of Protocol No. 1 and no violation of the Convention itself. The analysis in the article is focused on selected principal factors determining the Court's decision. It shows that the proposal for the Court to recognize secular convictions as those protected by Article 2 of Protocol No. 1 or Article 9 of the Convention has no sufficient basis in the Convention itself and in earlier Court's case-law and, even, may be considered as promotion of religious intolerance, threatening the freedom to publicly manifest a religion or belief, as guaranteed by Article 9 of the Convention. -/- Opracowanie zawiera analizę wyroków Europejskiego Trybunału, które zapadły w sprawie Soile Lautsi (app. 30814/06), zwaną „włoska sprawa krzyża” (Italian Crucifix Case). W sprawie tej skarżąca zarzucała, że okazywanie znaku krzyża w klasach włoskich szkół państwowych, do których uczęszczały jej dzieci, jest sprzeczne z zasadą sekularyzmu, zgodnie z którą chciała ona wychować swoje dzieci i dlatego stanowi naruszenie jej prawa do wychowania i nauczania zgodnego z jej religijnymi i filozoficznymi (moralnymi) przekonaniami, oraz stanowi naruszenie wolności religijnej, gwarantowanej art. 9 Konwencji. W wyroku siedmioosobowej izby ogłoszonym 3 listopada 2009 r. izba uznała naruszenie art. 2 (Prawo do nauki) Protokołu dodatkowego nr 1 do Konwencji o ochronie praw człowieka i podstawowych wolności w powiązaniu z art. 9 (Wolność myśli, sumienia i wyznania) Konwencji. Wyrok zapadł jednomyślnie i żaden z sędziów nie dołączył do wyroku swoich uwag. Rząd Włoch złożył wniosek w trybie przewidzianym art. 43 Konwencji o przekazanie sprawy do Wielkiej Izby. W wyroku Wielkiej Izby ogłoszonym 18 marca 2011 r. Trybunał uznał zdecydowaną większością głosów – 15 za wobec 2 przeciw (sześciu sędziów dołączyło swoje uwagi), że nie doszło do naruszenia ani Protokołu nr 1, ani samej Konwencji. Analizy koncentrują się na wybranych zagadnieniach, kluczowych dla argumentacji Trybunału. Analizy te pokazują, że postulowanie przez izbę uznania za prawo podmiotowe radykalnie pojętej negatywnej wolności religijnej, oraz postulowanie - tak przez izbę, jak i przez Wielką Izbę - ochrony przekonań sekularystycznych jako przekonań chronionych art. 2 Protokołu dodatkowego nr 1 lub art. 9 Konwencji, nie posiada należytego uzasadnienia ani w samej Konwencji, ani w dotychczasowym orzecznictwie Trybunału, a co więcej – może być uznane za propagowanie nietolerancji religijnej, godzącej przede wszystkim chronioną art. 9 Konwencji wolność publicznego uzewnętrzniania przekonań religijnych i filozoficznych. (shrink)

There are at present two ways in which to evaluate religiously-based claims to accommodation in the legal context. The first, objective approach holds that these claims should be grounded in « facts of the matter » about the religions in question. The second, subjective approach, is grounded in an appreciation by the courts of the sincerity of the claimant. The first approach has the advantage of accounting for the difference between two constitutional principles : freedom of conscience on the one (...) hand, and freedom of religion on the other. It has the disadvantage of transforming courts into expert bodies on religious matters. The subjective approach has a harder time accounting for the distinction. It also risks giving rise to a proliferation of claims. A plausible synthesis between the two approaches requires that we uncover the normative grounds justifying the granting by liberal democracies of religious accommodation. An analogous argument to that put forward by Kymlicka in the case of minority nations identifies the interest that citizens have in being able to exercise their « cultural agency » : the creative reappropriation and reinterpretation of the rituals, practices and norms of religious traditions.Il existe à l’heure actuelle dans le contexte juridique deux principales approches à l’évaluation de la légitimité des demandes d’accommodement pour des motifs religieux. La première, objective, affirme que ces demandes doivent pouvoir s’appuyer dans des faits concernant la religion en question. La seconde, subjective, s’appuie sur l’appréciation de la sincérité de la demande faite par le requérant. La première approche a l’avantage de rendre compte de la distinction entre les deux principes constitutionnels que sont, d’une part, la liberté de conscience, et de l’autre, la liberté de religion. Elle a l’inconvénient de tendre à ériger les tribunaux en « experts » sur des questions religieuses. L’approche subjective rend plus difficilement compte de la distinction entre les deux principes, et de plus risque de donner lieu à une prolifération de demandes. Pour atteindre une synthèse plausible de ces deux approches, il nous faut identifier les fondements normatifs justifiant l’intérêt que les démocraties libérales ont à reconnaître une telle catégorie d’accommodements. En prenant appui dans le célèbre argument de Kymlicka justifiant les droits de nations minoritaires, nous pouvons identifier un intérêt que ces types d’État ont à protéger les conditions permettant aux citoyens de manifester leur « agentivité culturelle », leur capacité à s’identifier en se les réappropriant et en les réinterprétant les normes, pratiques et rites issues de traditions religieuses. (shrink)

. Freedom of thought as freedom of expression: Hate crime sentencing enhancement and first amendment theory. Criminal Justice Ethics: Vol. 11, No. 2, pp. 29-42.

Hannah Arendt. Rede am 28. September 1959 bei der Entgegennahme des Lessing-Preises der Freien und Hansestadt Hamburg.

Hannah Arendt. Rede am 28. September 1959 bei der Entgegennahme des Lessing-Preises der Freien und Hansestadt Hamburg.