Not all actions that are legal are necessarily morally correct. However, there are few protections for providers who are pressured to comply with actions and procedures that infringe on their religious beliefs regarding human dignity. The right of health care providers to freely act on religious convictions and refrain from cooperating with morally reprehensible tasks is often eschewed in favor of political correctness or is branded as discrimination. Adequate safeguards are urgently needed for health care workers at all levels to (...) ensure that they can continue to care for the sick and most vulnerable members of the community without violating the dictates of their conscience. This article examines the free exercise of religion as it pertains to medical provider conscience protections. The author argues for conscience protection legislation with a right of action. (shrink)

Recent developments in neuroscience that purport to reduce religious experience to specific parts of the brain will not diminish the fundamental cultural or legal standing of religion. William James debunked this possibility in The Varieties of Religious Experience when he noted that “the organic causation of a religious state of mind” no more refutes religion than the argument that scientific theories are so caused refutes science. But there will be incremental legal change in areas like civil commitment where (...) judges must sometimes distinguish between mental disorder and religious belief. The paradox is that the ecstatic religious experience of unorthodox individuals will fare less well in the courts than the beliefs of conventional groups, which is precisely the opposite of James’ view of authentic religious life. (shrink)

The First Amendment’s Free Exercise and Establishment Clauses were meant to guarantee freedom of religion for all persons living in the United States. This was to be done by ensuring that government could not establish a state religion nor interfere with individual practices and beliefs so long as they did not violate public morals. The idea was to have the two clauses operate together to ensure state separation in matters of religion. However, recent caselaw involving (...) government accommodations to religious organizations has emphasized the Free Exercise Clause with little or no attention afforded the Establishment Clause. As a result, intermediate factors like entanglement, endorsement, general applicability, and neutrality, that previously were used to assist the separation of church and state, are now called into question. This Article attempts to rekindle these factors by attaching a public/private distinction to the way the two clauses are understood, to ensure a more certain and clearer basis for the separation of church and state. (shrink)

Pediatricians provided expert testimony that, in the case of Baby K, provision of ventilator support goes beyond accepted standards of care for anencephalic infants and so is medically futile. This argument, however reasonable, does not persuade those who believe in the absolute value of even a fraction of human life. In Baby K, court records indicate that Ms. H, Baby K's mother, persistently adheres to the sanctity-of-life principle on religious grounds.While I think that quality-of-life considerations have a role in medical (...) decision making, those who reject such considerations must be respected. This article makes the following claims, on behalf of religious dissenters: the Baby K case should be interpreted in light of the freedom of religion guaranteed in the First Amendment ; religious beliefs should not be trivialized in clinical ethics, even if reason, not belief, is the language of the public forum; the time-honored free exercise clause is essential to the American experiment in liberty and should not be overridden in the name of a concept as vague as futility; and free exercise of religion deserves serious discussion in the futility debate, and significant religious accommodation must be included in any hospital or societal futility policies. In the concluding section, issues are raised regarding the balance between religious consideration and resource allocation. (shrink)

Pediatricians provided expert testimony that, in the case of Baby K, provision of ventilator support goes beyond accepted standards of care for anencephalic infants and so is medically futile. This argument, however reasonable, does not persuade those who believe in the absolute value of even a fraction of human life. In Baby K, court records indicate that Ms. H, Baby K's mother, persistently adheres to the sanctity-of-life principle on religious grounds.While I think that quality-of-life considerations have a role in medical (...) decision making, those who reject such considerations must be respected. This article makes the following claims, on behalf of religious dissenters: the Baby K case should be interpreted in light of the freedom of religion guaranteed in the First Amendment ; religious beliefs should not be trivialized in clinical ethics, even if reason, not belief, is the language of the public forum; the time-honored free exercise clause is essential to the American experiment in liberty and should not be overridden in the name of a concept as vague as futility; and free exercise of religion deserves serious discussion in the futility debate, and significant religious accommodation must be included in any hospital or societal futility policies. In the concluding section, issues are raised regarding the balance between religious consideration and resource allocation. (shrink)

Balancing respect for religious conviction and the values of liberal democracy is a daunting challenge for judges and lawmakers, particularly when religious groups seek exemption from laws that govern others. Should members of religious sects be able to use peyote in worship? Should pacifists be forced to take part in military service when there is a draft, and should this depend on whether they are religious? How can the law address the refusal of parents to provide medical care to their (...) children--or the refusal of doctors to perform abortions? Religion and the Constitution presents a new framework for addressing these and other controversial questions that involve competing demands of fairness, liberty, and constitutional validity.In the first of two major volumes on the intersection of constitutional and religious issues in the United States, Kent Greenawalt focuses on one of the Constitution's main clauses concerning religion: the Free Exercise Clause. Beginning with a brief account of the clause's origin and a short history of the Supreme Court's leading decisions about freedom of religion, he devotes a chapter to each of the main controversies encountered by judges and lawmakers. Sensitive to each case's context in judging whether special treatment of religious claims is justified, Greenawalt argues that the state's treatment of religion cannot be reduced to a single formula.Calling throughout for religion to be taken more seriously as a force for meaning in people's lives, Religion and the Constitution aims to accommodate the maximum expression of religious conviction that is consistent with a commitment to fairness and the public welfare. (shrink)

Why it is that the principle of freedom of religion, rather than a more general principle such as liberty or liberty of conscience, figures so prominently in our lived experience and, in particular, in the constitutional commitment to the free exercise of religion? The Paper argues, negatively, that the most prominent answers offered thus far fall short; and positively, that the principle of freedom of religion arises out of a thicker understanding of the much neglected (...) relationship between religious liberty and democracy. Indeed, a proper account of the legitimacy of the democratic process. I argue, dissolves the mystery surrounding freedom of religion, and thus allows for an adequate justification of this principle. The thesis of this paper is that freedom of religion is a remedy that redresses the exclusion of certain religious arguments from the democratic process. The redress is grounded in a republican concern for political self-determination while exclusion is prescribed by a liberal ideal of political legitimation. (shrink)

The Covid‐19 pandemic has brought bioethics back to five topics—justice, autonomy, expert authority, religion, and judicial decisions—that were central during its formative period but has cast a new light on each, while also tangling public health policy in the current, rather radical, reshaping of the role of organized religion in society.

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

The question whether in a liberal democracy religion may serve as a basis of law-making should be desaggregated into two distinct questions. First, is religion a morally legitimate basis of law-making in a liberal democracy? Second, is religion a constitutionally legitimate basis of law-making in the United States? My focus in this article is on the second question, which, as a question about constitutional legitimacy, should not be confused with the first question, which is about moral legitimacy. (...) Like other liberal democracies, the United States is committed to the right to freedom of religious practice. Unlike most other liberal democracies, however, the United States is also committed to the non-etablishment of religion. According to the constitutional law of the United States, law-makers and other government officials may neither prohibit the `free exercise' of religion nor `establish' religion. Does the non-establishment norm ban religion as a basis of law-making? More precisely, should the non-establishment norm be understood to ban laws for which the only discernible rationale — or, at least, the only discernible rationale other than an implausible secular rationale — is religious? (shrink)

How do we deal with difference personally, interpersonally, nationally? Can we weave a cohesive social fabric in a religiously plural society without suppressing differences? This collection of significant essays suggests that to truly honour differences in matters of faith and religion we must publicly exercise and celebrate them. The secular/sacred, public/private divisions long considered sacred in the West need to be dismantled if Canada (or any nation state) is to develop a genuine mosaic that embraces fundamental differences instead (...) of a melting pot that marginalizes. An ethics of difference starts with a recognition of difference, not as deviance or deficit that threatens but as otherness to connect with, cherish, and celebrate. The book begins with the suggestion that our inability to come to terms with social plurality is not fundamentally the fault of religious differences, and that a public/private split inadequately deals with matters of basic difference. It then explores how encouraging people to live out their respective faiths may open new possibilities for respectful, honourable, and just negotiations of contemporary dilemmas arising out of the multicultural fabric of Canadian life. Towards an Ethics of Community introduces readers to some of the most challenging and divisive dilemmas we face in this increasingly pluralistic, postmodern world — issues such as family and domestic violence, Aboriginal rights, homosexuality and public policy, and female genital mutilation. This is a book truly global in scope and significance. (shrink)

This essay argues that religion is a distinctive form of human activity, and offers a philosophical account of what religion fundamentally is (and what it is not), within the context of the Free Exercise Clause. §I promotes religion as an action-theoretic concept. §II presents the claim that atheism can be regarded as a religion: this claim is rejected on the basis that religion cannot be defined as a set of propositional beliefs concerning metaphysics (...) and morality. §III defends a paradigmatic account of religion as a kind of activity ordered to a concept of transcendence or superior nature, and argues that morally excellent human actions can be identified as religious, but only in a secondary or derivative way. §IV contends with the problem of including act-omissions as instantiations of religious exercise, and proposes a solution with reference to recent arguments implicating two-way powers. (shrink)

The following exploration of the fundamentals of the Religious Society of Friends called Quakers will focus upon a lesser known tradition of the Quakers, namely that of the "Free Friends of Philadelphia" and their modern progeny, the Free Quakers of Indiana These Free Quakers, as they are called, are those who chose to exercise their free right to follow their conscience in all things, a tradition reaching back to the 18 th century in Philadelphia when (...) a contingent of Friends chose to support the war against Britain. A great deal is known about the programmed and unprogrammed traditions of the Religious Society of Friends, the former electing to have recorded ministers and formalized worship and the latter opting for no clergy and a preference for the mystical tradition of silent worship. Much less is known about the Free Quakers of Revolutionary Pennsylvania and the subsequent modern day Friends, their ideological progeny. In this brief essay, we intend to correct this common oversight in Quaker history. (shrink)

Although there has been growing awareness among historians of ideas of a close relationship between eighteenth-century religious and political argument, there is still no clear understanding of this kind of relationship. Despite its historical plausibility, the transition from religious to political thinking encounters serious logical obstacles stemming mainly from the traditional distinction between spiritual and temporal matters. This distinction, as articulated in the initial attempts to establish religious toleration, would make it untenable to extend arguments in defence of religious liberty (...) directly to the defence of political liberty. Religious and political liberty cannot be governed by the same rationale, which is man's conscientious relationship to God. Any attempt, therefore, to explain how it was possible to pass from religious to political argument has rather to focus on the, as it were, external characteristics of these two kinds of liberty. It is argued in this article that religious and political liberty appear to be similar in that they both refer to rights that concern the expression of opinions, the so-called ‘intellectual rights’ or ‘rights of mind’. Investigating the meaning of ‘right of private judgement’ shows it to have three dimensions, which refer to the mental process of thinking, to its external manifestation through speech, and to other, non-verbal actions prompted by thought. In relation to fundamental rights could easily be dismissed as irrelevant, could be interpreted as a relapse to a Hobbesian state of nature, while was considered suitable for serving as a basis of a defensible theory of natural rights which could easily cover religious liberty, as well as political liberty, the right to free speech, or the liberty of the press. Unlimited and universal exercise of this type of rights was not only believed not to involve mutual harm, but it was also backed further by an appeal to the public good. (shrink)

One of the most vexing problems in the philosophy of religion is the existence of moral evil in light of an omnipotent and wholly good deity. A popular mode of diffusing the argument from evil lies in the appeal to free will. Traditionally it is argued that there is a strong connection, even a necessary one, between the ability to exercise free will and the occurrence of wrong-doing. Transworld depravity, as characterized by Alvin Plantinga, is a (...) concept which has gone far to explain this relationship. Essentially, the notion of transworld depravity involves the claim that in any world where a person is significantly free that person would, on some occasion, act morally wrongly, or as Plantinga phrases it: ‘If S' were actual, P would go wrong with respect to A’ (where S' is a possible world, P is a person and A is an action). Not only, Plantinga claims, is it possible that there are persons who suffer from transworld depravity, but ‘it is possible that everybody suffers from it’. If transworld depravity obtains, Plantinga notes, God ‘might have been able to create worlds in which moral evil is very considerably outweighed by moral good; but it was not within His power to create worlds containing moral good but no moral evil – and this despite the fact that He is omnipotent’. On this view, God could not instantiate perfect-person essences who would not ever sin. Although Plantinga argues that these instantiated beings are significantly free in that they could have done otherwise (i.e. not sinned), it does seem that his claim about transworld depravity amounts to a claim about transworld depravity amounts to a claim about the existence of a necessary connection obtaining between freedom and evil. For even though it makes sense to claim that an individual may have unactualized dispositions, to claim that everyone, past, present and future, has unactualized dispositions seems to be a significantly different claim. It is therefore difficult to see how this latter claim differs in substance from the claim of a necessary connection obtaining between the capacity for free will and the commission of evil acts. (shrink)

Catholic doctrine’s strict prohibition on abortion can lead clinicians or institutions to conscientiously refuse to provide abortion, although a legal duty to provide abortion would apply to anyone who refused. Conscientious refusals by clinicians to end a pregnancy can constitute murder or reckless homicide under American law if a woman dies as a result of such a refusal. Such refusals are not immunized from criminal liability by the constitutional right to the free exercise of religion or by (...) statutes that confer immunity from criminal homicide prosecution. Core principles of the rule of law require the state to protect the lives of all persons equally and to place the life and health of persons above any the interests of providers have in moral integrity or in respecting the moral status of prenatal humans. In some states criminal liability related to conscientious objection also applies to corporate hospital officials. (shrink)

This essay investigates how a liberal state should treat violations of human rights within minority cultures. It is argued that the best approach gives due weight to the following three features: the free exercise of culture, protection of human rights and the balance of power between the majority and minority communities in a given polity. This balanced approach is contrasted with the theories of Kukathas, Okin and Spinner-Halev, who are criticised for concentrating on only the first, second and (...) third of these features respectively. The Arab Israeli Plonit case and the Indian Muslim Shah Bano case are used to illustrate this argument. The Israeli treatment of Plonit shows the virtues of the author's preferred approach, while the Indian treatment of Shah Bano indicates the dangers of concentrating on the second feature alone, as many liberals advocate, and neglecting the other two. (shrink)

The only complete study of Buber as a political thinker. Shed new light upon Buber's I Thou, while also attempting to understand Buber's Zionist thought and activity in a new and fresh manner.

Did Chinese mysticism vanish after its first appearance in ancient Taoist philosophy, to surface only after a thousand years had passed, when the Chinese had adapted Buddhism to their own culture? This first integrated survey of the mystical dimension of Taoism disputes the commonly accepted idea of such a hiatus. Covering the period from the Daode jing to the end of the Tang, Livia Kohn reveals an often misunderstood Chinese mystical tradition that continued through the ages. Influenced by but ultimately (...) independent of Buddhism, it took forms more various than the quietistic withdrawal of Laozi or the sudden enlightenment of the Chan Buddhists. On the basis of a new theoretical evaluation of mysticism, this study analyzes the relationship between philosophical and religious Taoism and between Buddhism and the native Chinese tradition. Kohn shows how the quietistic and socially oriented Daode jing was combined with the ecstatic and individualistic mysticism of the Zhuangzi, with immortality beliefs and practices, and with Buddhist insight meditation, mind analysis, and doctrines of karma and retribution. She goes on to demonstrate that Chinese mysticism, a complex synthesis by the late Six Dynasties, reached its zenith in the Tang, laying the foundations for later developments in the Song traditions of Inner Alchemy, Chan Buddhism, and Neo-Confucianism. (shrink)

Having been raised as a Catholic and educated in the West, then trained as a monk in India since the 1980s, Canadian author Swami Muktananda of Rishikesh is uniquely positioned to bring the Eastern tradition of Vedanta to Western spiritual seekers. In Awakening to the Infinite, he answers the eternal, fundamental question posed by philosophical seekers, "Who am I?" with straightforward simplicity. Knowing who you are and adopting a spiritual outlook, he counsels, can help solve problems in daily life to (...) do with relationships, work, children, sexuality, illness, and social injustice. In answering the question "Who am I?," Swami Muktananda of Rishikesh draws on the ancient teachings of advaita or nonduality, the truth that there is no division between ourselves and others at a fundamental level. The book is drawn from the many conversations he has throughout the year meeting with individuals from different backgrounds, cultures, and walks of life, as well as public talks and question and answer sessions. Covering subjects ranging from the spiritual path to everyday problems, Muktananda addresses questions with simplicity and compassion, from the standpoint of someone who is anchored in the infinite but fully in touch with the world. His teaching follows the words of Christ and the Old Testament as well as those of the sages of India, who all proclaim a universal truth that transcends all religions: 'You are not the body; you are not the mind; you are the immortal, divine Self. Realize this and be free.'. (shrink)

This paper examines the role of political participation in a theory of rights. If political participation is a right, how does it stand in relation to other rights about which the participants may be making political decisions? Suppose a majority of citizens vote in favour of some limit on (say) the free exercise of religion. If their decision is allowed to stand, does that mean that we are giving more weight to the right to participate than to (...) the right to religious freedom? In this paper, I argue that talk of conflict (and relative weightings) of rights is inappropriate in a case like this. I argue that the special role of participation in a theory of rights is not a matter of its being given moral priority over other rights. Instead it's a matter of this being a right whose exercise seems peculiarly appropriate, from a rights-based point of view, in situations where reasonable right-bearers disagree about what (other) rights they have. (shrink)

This essay proposes that while a "Christian" democracy may be too idealistic, liberal democracy presupposes transcendent moral and spiritual norms, in particular a Judeo-Christian foundation for human dignity and human rights. A Biblical understanding of human nature as fallible and imperfect susceptible to worldly temptations, emphasizes free choice and personal responsibility, and the imperative to limit the temporal exercise of power by any man or institution. Maritain's concept of integral or Christian humanism is founded on personalism, the unique (...) value and dignity of each human being created in the image of God, and the need for community. The major challenge for literal democracy is how to reconcile individual freedom with socio-economic-political-legal institutions and processes which require the constraint of man-made laws and the exercise of authority and power The essay condudes that perhaps the major legacy of the American founding is the notion of the priority of liberty which offers the best prospects for conjoining reason and faith, the secular and the sacred, Athens and Jerusalem, The priority of liberty also animates Maritain's vision of a "Christianly-inspired" personalistic society capable of advancing both individual human flourishing and the common good. (shrink)

In this paper, I defend a novel view of the religion clauses. The historical origins of the clause suggest two competing conceptual interpretations: one which privileges religion (the religion-weighted view) and one which privileges freedom (the freedom-weighted view). I argue for the freedom-weighted view and explore the jurisprudential implications of both views. I also argue for the counterintuitive result that, if we accept the freedom-weighted view, Free Exercise challenges to certain laws promoting autonomy (freedom) in (...) children are analytically incoherent. Because such laws by definition promote autonomy, they cannot be inconsistent with the Free Exercise clause under a range of conditions. (shrink)

The eighteenth-century American founders believed that religion is special and deserves special constitutional protection, and that all peaceable faiths must be drawn into the constitutional process and protection. The founders introduced six constitutional principles for the protection of religious freedom: freedom of conscience, free exercise of religion, religious pluralism, religious equality, separation of church and state, and no state establishment of religion. Since the 1940s, the United States Supreme Court has upheld these religious freedom principles (...) in more than 170 cases, albeit unevenly of late. Moreover, in recent years religious freedom has come under sharp popular and academic attack, particularly as religious pathologies have come to light and religious freedom claims have clashed with sexual liberty claims. This article calls for a return to the first principles of religious freedom for all, at home and abroad, and for a new balance between religious freedom and other fundamental rights claims. (shrink)

This article analyzes the Supreme Court’s “shadow docket” Free Exercise cases relating to COVID-19. The paper highlights the decline of deference, the impact of exemptions, and the implications of the new doctrine for vaccine and other public health laws.

Kant approaches the problem of moral evil by recalling the general Critical doctrine that the free moral acts of human agents express a noumenal, timeless, choice, which is made once for all and is the ground of all temporal moral choices. The limitations of speculative reason in the sphere of religion are emphasised by Kant when he admits the existence of totally incomprehensible ‘holy mysteries’ in religion. Kant holds that every ecclesiastical faith, which is founded in some (...) historical revelation, is perhaps a means to bringing about the moral church; but such faiths must wither away, for claims to revelation are incompatible with universality. Kant is totally opposed to any devotional exercises to God, except as a means to cultivating the moral disposition; or to any characterisation of God in anthropomorphic terms, as a tyrant or ruler with an arbitrary will. (shrink)

This collection of essays is an exercise in comparative philosophy of religion that explores the different ways in which humans express the inexpressible. It brings together scholars of over a dozen religious, literary, and artistic traditions, as part of The Comparison Project's 2013-15 lecture and dialogue series on "religion beyond words." Specialist scholars first detailed the grammars of ineffability in nine different religious traditions as well as the adjacent fields of literature, poetry, music, and art. The Comparison (...) Project's directors then compared this diverse set of phenomena, offering explanations for their patterning, and raising philosophical questions of truth and value about religious ineffability in comparative perspective. This book is the inaugural publication of The Comparison Project, an innovative new approach to the philosophy of religion housed at Drake University (Des Moines, Iowa, USA). The Comparison Project organizes a biennial series of scholar lectures, practitioner dialogues, and comparative panels about core, cross-cultural topics in the philosophy of religion. Specialist scholars of religion first explore this topic in their religions of expertise; comparativist philosophers of religion then raise questions of meaning, truth, and value about this topic in comparative perspective. The Comparison Project stands apart from traditional approaches to the philosophy of religion in its commitment to religious inclusivity. It is the future of the philosophy of religion in a diverse, global world. (shrink)

This chapter contains sections titled: The Simple View The Teleological View The Qualitative View Objections Concluding Remarks Works cited.

In this article, I offer a novel and in-depth account of how, for Kant, free speech is the mechanism that moves a society closer to justice. I argue that the criticism of the legislator preserved by free speech must also be the result of collective agreement. I further argue that structural features of judgements of taste and the sensus communis give guidance for how we should communicate publicly to succeed at the aims Kant has laid out, as judgements (...) of taste, like politics, belong fundamentally to a transitional sphere between nature and freedom. (shrink)

Thus Pascal sets forth the romanticist thesis that reason has nothing to do with the deep intimations of the worshipping soul. Religion is an affair of the heart, and the productive Source of all things cannot be comprehended by the exercise of the finite intellect. This doctrine foreshadows the Kantian dichotomy between phenomena and noumena: the understanding can legitimately operate only within the sphere of space, time and natural causality, as it knows nothing of the transcendental postulates of (...) the moral life. In Kant's case, however, the opposition is worked out by means of a sustained and systematic analysis of man's faculties of cognition, and the intuitions of moral feeling are not without a rationality of their own. One might say that in Kant's view there is a logic of ethical sentiment as well as a logic of the scientific understanding, the former being practical, the latter theoretical. In the practical domain of morality the categories of the scientific understanding do not apply: the individual who acts from a sense of duty is free and immortal, besides being destined to receive rewards from the hand of God according to his deserts. The practice of the moral life therefore creates a sort of categoreal vacuum, the individual becoming a noumenon, emancipated from the shackles of the sensible world; from an empirical point of view, morality means self-transcendence. (shrink)

Historia, as both a type of critical inquiry and a source of information about nature and the human world, is a key category in Spinoza’s Tractatus theologico-politicus. In this work, the Latin word cannot be simply and invariably translated as “history,” not even if we add the proviso that its meaning wavers inevitably between “history” and “story,” for its semantic range is too broad and complex. At the two ends of the semantic spectrum we have the impartial report, on the (...) one hand, and the creations of sheer fantasy, on the other. Historia may therefore denote the detached observation of nature and the philological analysis of a text, but it can also refer to the free exercise of the imagination in a variety of narrative contexts. While Spinoza denies that the inquiry resulting from historia and its products may have true cognitive value, he acknowledges that historia plays a fundamental role in society and politics. The reason is that historia and the imagination are bound up together by a special relationship. This is apparent at all levels of the historical engagement with reality, but is particularly true in the case of religion, moral norms and belief systems, for in this variegated domain the link between imagination and historia functions as the connective tissue that keeps societies united and functioning. This specific nexus of imagination and historia is Spinoza’s original contribution to the early modern notion of “moral certainty.” More importantly, it is only at this level that Spinoza grants a modicum of intelligibility to the ‘historical’ productions of the imagination, be they signa, revelationes, or even nugae. The fact remains, though, that to a certain extent humans keep having a distorted grasp of reality, indeed hallucinate, even when their ‘historical’ accounts of reality are socially and politically productive. Here the key element is the notion of fictional continuity based on a socially constructed trust in narrative accounts of reality: the imagination turns reality into stories, but in so doing it keeps the otherwise constitutively hallucinatory nature of humans at bay and under control. Perceptibilitas, that is, the ability to provide acceptable cognitive solutions between intelligible knowledge and moral certainty, is ultimately what defines the contribution of the imagination to the human work of knowledge. (shrink)

The capacity to classify social groups legally is a central characteristic of modern states. Social groups, however, often resist the classificatory schemas of the state. This raises the following question: how do modern states exercise symbolic power in social fields beset by acute classification struggles? While existing scholarship has demonstrated that states exercise symbolic power, there has not been a concomitant effort to systematize and theorize the various strategies through which they do so. This article addresses this lacuna (...) through examining classification struggles centered on a number of “heterodox” religious groups that have historically been perceived as deviant from mainstream religions. Specifically, it looks at Falun Gong in China, Mormons in the United States, and Baha’is in Egypt. The analysis draws attention to three strategies through which states exercise symbolic power: coercive classification, wherein the deviant group is forcibly fixed as such in law; juridical normalization, whereby the deviant group is allowed to enter the mainstream by shedding “problematic” ritual practices; and legal erasure, whereby the deviant group is kept out of the official classificatory system so that it becomes a legal non-entity. In summary, this article both identifies the religious field as a critical domain in which states of various ideological orientations exercise symbolic power and deploys this analysis to identify distinct strategies through which they do so. (shrink)

This volume provides a comparative philosophical investigation into a particular concept from a variety of angles—in this case, the concept of “miracle.” The text covers deeply philosophical questions around the miracle, with a multiplicity of answers. Each chapter brings its own focus to this multifaceted effort. The volume rejects the primarily western focus that typically dominates philosophy of religion and is filled with particular examples of miracle narratives, community responses, and polemical scenarios across widely varying religious contexts and historical (...) periods. Some of these examples defy religious categorization, and some papers challenge the applicability of the concept “miracle,” which is of western and monotheistic origin. By examining miracles thru a wide comparative context, this text presents a range of descriptive content and analysis, with attention to the audience, to the subjective experiences being communicated, and to the flavor of the narratives that come to surround miracles. This book appeals to students and researchers working in philosophy of religion and science, as well those in comparative religion. It represents, in written form, some of the perspectives and dialogue achieved in The Comparison Project’s 2017–2019 lecture series on miracles. The Comparison Project is an enterprise in comparing a variety of religious voices, allowing them to stand in dialogue. (shrink)

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

_Wittgenstein and Philosophy of Religion_ sheds new light on the perennial debate between faith and reason. It highlights the disagreements between Wittgenstein and religious sceptics, resulting in a collection that is both informative and stimulating. The themes discussed include Wittgenstein's views on creation, magic and free will, and Wittgenstein's thought is compared to that of Kierkegaard, Nietzsche, and contemporary reformed epistemologists.

Prior to recent decades, the United States Supreme Court often invoked the political question doctrine to avoid deciding controversial questions of individual rights. 1 By the 1970s and 1980s, standing limits traced to Article IIIs arsenal of threshold decision making, 3 in the last decade the Court has turned with increasing frequency to the distinction between facial and as-applied challenges to perform the gatekeeping function. However, although there is a considerable body of scholarship concerning the conventional justiciability doctrines, scholars have (...) only recently begun to address the range of questions implicated by the Courtand they have generally focused on narrow doctrinal questions about the proper treatment of discrete rights such as abortion, free exercise of religion, and freedom of speech. The papers in this issue of LegalTheory and the next view these issues in a broader jurisprudential context. (shrink)

Bernard Mandeville was best known for The Fable of the Bees, in which he demolishes the supposed moral basis of society by a Hobbesian demonstration that civilization depends on vice. Today Mandeville is seen as a trenchant satirist of the manners and foibles of his age. He is also seen as a precursor of some of Adam Smith's doctrines, a forerunner in the field of sociology. A prescient analyst of the dynamics of our modern consumer society, Mandeville is author of (...) a striking naturalistic account of the gradual evolution of modern society from its primitive antecedents. His literary signature, in a manner of speaking, is his famous paradox, "private vices, public benefits." This new edition of Free Thoughts is prefaced by a lengthy and informative introduction by Irwin Primer, who recreates not only the literary, political, and religious atmosphere surrounding Mandeville, but also the controversies that surrounded his writing in mid-eighteenth-century England. Primer includes textual notes on the first and second editions of this classic work. To understand Mandeville's Free Thoughts, one needs to situate it within the context of the religious and political controversies, ongoing subversion, fear and dormant warfare of his times. Those would eventually erupt again and for the last time in the bloody Jacobite rebellion of 1745-46. The first five chapters of the book explore religious and theological issues including the nature of belief and knowledge, the significance of rites and ceremonies, and controversies about Christian mysteries such as the Trinity and free will and predestination. The next five chapters explore controversial issues of church politics, including persecution and toleration across the centuries, the basis of Mandeville's anticlericalism. In the eleventh chapter, he turns aside from matters of religion to review the balance of powers in Britain's government, a mixed or limited monarchy. The final chapter is essentially a repetition of Mandeville's pleas for civil and religious peace through mutual toleration by opposing religious parties. Mandeville's work is of continuing interest to students of culture and history, religion and theology, and political science. Irwin Primer is professor emeritus at Rutgers University who has written widely on Mandeville and the Scottish tradition in philosophy. (shrink)

Based on two presentations during a February 2020 South African academic visit at the University of Pretoria and the University of Johannesburg, in this contribution, the authors of this article engage with one of the bestselling recent volumes in philosophy, Martin Hägglund’s This Life: Why Mortality Makes Us Free (here, the 2020 edition; initial publication date, 2019). In this book, Hägglund propagates ideas akin to those promoted within secular humanism. Whilst on the one hand this article elaborates the shortcomings (...) of Hägglund’s criticism of religion, on the other hand it also strives for an empathetic reading of his secular humanist philosophy. The authors place this conversation within the post-secular religio-cultural climate currently rising internationally, along with some further contextualising remarks. The most important part of this article is the last section (‘Pitting some theological voices…’) in which the authors engage Hägglund’s main arguments theologically, which elaborate on the finitude of human life all the whilst denying it a prospect of immortality. The debate in this section procceeds along the lines of religious thought of Emmanuel Falque, Ebenhard Jüngel and Dewi Zephania Phillips, with a view to reconcile the radical awareness of finitude and temporality of human life, characteristic for modern discourse(s), with the religious language practices sustaining belief in eternal life. Contribution: This article engages with how Martin Hägglund’s This Life: Why Mortality Makes Us Free does not fairly convey aspects of the sense of secularism, and can additionally on the senses of finitude and temporality be improved by insights from Emmanuel Falque, Ebenhard Jüngel and Dewi Zephania Phillips. (shrink)

In this paper I consider two books of Vladimir Shokhin, a distinguished philosopher in Russia, on philosophy of religion and philosophical theology as one project aimed at drawing the demarcation between these two disciplines. In what follows I will present Shokhin’s project and show briefly how it fits in with the current discussion on the topic, then, draw some consequences from his position, and make some critical notes, and at the end I will briefly present some my views on (...) the problem of drawing clear lines of demarcation between philosophy of religion and philosophical theology on the basis of the following questions: what is the topic of the disciplines, what are their methods, what are their guiding lines, and who may exercise them? (shrink)

The problem of evil is the problem of reconciling the world's afflictions with the fundamental attributes and justice of God. Throughout their lives people encounter painful events originating from nature and other individuals. Furthermore, it is believed that God created everything, particularly in divine religions. Scholars and thinkers have debated for centuries why an omniscient, omnipotent, just, and compassionate God would create evil. The problem of evil is sometimes employed by atheists as evidence against religion, and at times as (...) philosophical proof for the absence of God. Nowadays, it exerts a profound impact on people's beliefs within social media platforms. This article aims to address doubts and objections surrounding the problem of evil. Numerous studies have been conducted on this current issue. The subject, which is basically examined as natural and moral evil in the philosophy of religion, has been examined under the titles such as justice and cruelty, goodness and evil, will and power in classical theology. In this study, the subject is examined in terms of the relationship between the subject of evil and its object, and attention is drawn to the role of man in the formation of evil. In this context, a general overview of the problem of evil is presented in the introduction. The second section delves into how the problem of evil is approached in philosophical and theological traditions, specifically examining the viewpoints of classical kalam schools. In the later parts of the study, the subject has been tried to be reinterpreted under different titles. Within this framework, it is suggested that some doubts and questions about the problem of evil arise from a lack of understanding of religion, while others stem from interpretations perceived as religious within the tradition. To propose a solution to the problem, the concept of God, known for its power and authority in classical times, should be reevaluated. In the context of Islam, God should be considered as an entity possessing complete knowledge, absolute will and power, and creating the universe for goodness, possesses justice and mercy and bestows numerous blessings upon humanity. This perspective finds ample support in the verses of the Qur'an. The problem of evil sometimes emerges from misconceiving the relationship between God and nature as equivalent to a God-human relationship. However, God designed the universe's order to support the emergence of life in nature and make it conducive to the lives of all living beings, particularly humans. Natural phenomena and events unfold by the laws set by Allah. Evils such as diseases, fires, earthquakes, floods, storms, volcanic eruptions, rain, and lightning are not events directly orchestrated by God to harm humans. The harm they cause is primarily a result of humans' negative interactions with nature. Precautions can mitigate these harms. Yet, humans who pollute air, water, and forests and build poorly located structures hastily attribute the resulting evils to God. A careful examination of the numerous blessings in nature underscores that the universe was created by God as a benevolent order. God created humanity to undergo tests within such a world, aiming for human happiness in both this world and the hereafter. Thus, the entirety of God's will be goodness. Evil, conversely, arises from humanity's exercise of free will and the potential to commit malevolent acts. Consequently, evil stems from human interactions with nature and fellow beings. Destiny is another frequently misconstrued aspect. It refers to the natural and moral laws established by Almighty Allah to govern the order of nature and human existence. Destiny presents a realm of possibilities and does not coerce anyone's actions. To address the problem of evil, the portrayal of God, whose sole intent is good, must be reconstructed. Additionally, concepts like testing, fate, death, and sustenance need to be reinterpreted in alignment with this conception. Furthermore, methods that facilitate the acquisition of accurate religious information through social media should be developed to suit contemporary requirements. (shrink)

With the entry-level student in mind, Stuart Brown guides the reader through three main topics: whether or not there is life after death; whether or not there is a powerful, beneficent intelligence controlling the universe; and the nature and appropriate defence of religious belief or faith. Each chapter is linked to readings by commentators on religion and belief, such as David Hume, John Hick, Richard Dawkins and William James. Key features also include activities and exercises, chapter summaries and guides (...) to further reading. (shrink)