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Author : Joel Harrison
Publisher : Cambridge University Press
Page : 279 pages
File Size : 44,5 Mb
Release : 2020-07-09
Category : Law
ISBN : 9781108836500
A radically theological-political account of religious liberty, challenging secularisation narratives and liberal egalitarian arguments.
Author : Joel Thomas Harrison
Publisher : Unknown
Page : 128 pages
File Size : 41,9 Mb
Release : 2020
Category : Freedom of religion
ISBN : 1108819141
"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"--
Author : Robert Louis Wilken
Publisher : Yale University Press
Page : 247 pages
File Size : 52,6 Mb
Release : 2019-04-09
Category : Freedom of religion
ISBN : 9780300226638
From one of the leading historians of Christianity comes this sweeping reassessment of religious freedom, from the church fathers to John Locke In the ancient world Christian apologists wrote in defense of their right to practice their faith in the cities of the Roman Empire. They argued that religious faith is an inward disposition of the mind and heart and cannot be coerced by external force, laying a foundation on which later generations would build. Chronicling the history of the struggle for religious freedom from the early Christian movement through the seventeenth century, Robert Louis Wilken shows that the origins of religious freedom and liberty of conscience are religious, not political, in origin. They took form before the Enlightenment through the labors of men and women of faith who believed there could be no justice in society without liberty in the things of God. This provocative book, drawing on writings from the early Church as well as the sixteenth and seventeenth centuries, reminds us of how "the meditations of the past were fitted to affairs of a later day."
Author : John Corvino,Ryan T. Anderson,Sherif Girgis
Publisher : Oxford University Press
Page : 288 pages
File Size : 52,8 Mb
Release : 2017-04-14
Category : Philosophy
ISBN : 9780190603083
Virtually everyone supports religious liberty, and virtually everyone opposes discrimination. But how do we handle the hard questions that arise when exercises of religious liberty seem to discriminate unjustly? How do we promote the common good while respecting conscience in a diverse society? This point-counterpoint book brings together leading voices in the culture wars to debate such questions: John Corvino, a longtime LGBT-rights advocate, opposite Ryan T. Anderson and Sherif Girgis, prominent young social conservatives. Many such questions have arisen in response to same-sex marriage: How should we treat county clerks who do not wish to authorize such marriages, for example; or bakers, florists, and photographers who do not wish to provide same-sex wedding services? But the conflicts extend well beyond the LGBT rights arena. How should we treat hospitals, schools, and adoption agencies that can't in conscience follow antidiscrimination laws, healthcare mandates, and other regulations? Should corporations ever get exemptions? Should public officials? Should we keep controversial laws like the Religious Freedom Restoration Act, or pass new ones like the First Amendment Defense Act? Should the law give religion and conscience special protection at all, and if so, why? What counts as discrimination, and when is it unjust? What kinds of material and dignitary harms should the law try to fight-and what is dignitary harm, anyway? Beyond the law, how should we treat religious beliefs and practices we find mistaken or even oppressive? Should we tolerate them or actively discourage them? In point-counterpoint format, Corvino, Anderson and Girgis explore these questions and more. Although their differences run deep, they tackle them with civility, clarity, and flair. Their debate is an essential contribution to contemporary discussions about why religious liberty matters and what respecting it requires.
Author : David Sehat
Publisher : Oxford University Press
Page : 368 pages
File Size : 55,8 Mb
Release : 2011-01-14
Category : Religion
ISBN : 0199793115
In the battles over religion and politics in America, both liberals and conservatives often appeal to history. Liberals claim that the Founders separated church and state. But for much of American history, David Sehat writes, Protestant Christianity was intimately intertwined with the state. Yet the past was not the Christian utopia that conservatives imagine either. Instead, a Protestant moral establishment prevailed, using government power to punish free thinkers and religious dissidents. In The Myth of American Religious Freedom, Sehat provides an eye-opening history of religion in public life, overturning our most cherished myths. Originally, the First Amendment applied only to the federal government, which had limited authority. The Protestant moral establishment ruled on the state level. Using moral laws to uphold religious power, religious partisans enforced a moral and religious orthodoxy against Catholics, Jews, Mormons, agnostics, and others. Not until 1940 did the U.S. Supreme Court extend the First Amendment to the states. As the Supreme Court began to dismantle the connections between religion and government, Sehat argues, religious conservatives mobilized to maintain their power and began the culture wars of the last fifty years. To trace the rise and fall of this Protestant establishment, Sehat focuses on a series of dissenters--abolitionist William Lloyd Garrison, suffragist Elizabeth Cady Stanton, socialist Eugene V. Debs, and many others. Shattering myths held by both the left and right, David Sehat forces us to rethink some of our most deeply held beliefs. By showing the bad history used on both sides, he denies partisans a safe refuge with the Founders.
Author : Elissa B. Alzate
Publisher : Springer
Page : 104 pages
File Size : 54,5 Mb
Release : 2017-06-27
Category : Religion
ISBN : 9781137584144
This book assesses the concept of religious liberty in the United States according to the political theory of John Locke. Protecting the individual freedom of religion without infringing on the rights of others or on legitimate political authority requires delicate balance. The work analyzes Locke’s concept of religious liberty and, from it, derives nine criteria for locating that balance. The most important of these criteria requires government neutrality and equality before the law. The United States has historically struggled with providing this balance, particularly through Supreme Court decisions, resulting in the passage of the Religious Freedom Restoration Act (RFRA). Application of Locke’s criteria for balancing religious liberty and government authority to three recent cases—a government employee, an employer, and a small business owner—reveal that RFRA legislation threatens this balance by undermining neutral government action and treats citizens unequally before the law.
Author : Andrew T. Walker
Publisher : Brazos Press
Page : 272 pages
File Size : 41,7 Mb
Release : 2021-05-04
Category : Religion
ISBN : 9781493431151
Christians are often thought of as defending only their own religious interests in the public square. They are viewed as worrying exclusively about the erosion of their freedom to assemble and to follow their convictions, while not seeming as concerned about publicly defending the rights of Muslims, Hindus, Jews, and atheists to do the same. Andrew T. Walker, an emerging Southern Baptist public theologian, argues for a robust Christian ethic of religious liberty that helps the church defend religious freedom for everyone in a pluralistic society. Whether explicitly religious or not, says Walker, every person is striving to make sense of his or her life. The Christian foundations of religious freedom provide a framework for how Christians can navigate deep religious difference in a secular age. As we practice religious liberty for our neighbors, we can find civility and commonality amid disagreement, further the church's engagement in the public square, and become the strongest defenders of religious liberty for all. Foreword by noted Princeton scholar Robert P. George.
Author : Steven H. Shiffrin
Publisher : Princeton University Press
Page : 256 pages
File Size : 42,7 Mb
Release : 2012-09-16
Category : Law
ISBN : 9780691156194
A constitutional law scholar argues that the religious left, not the secular left, is best equipped to lead the battle against the religious right on questions of church and state in twenty-first century America.
Author : Michael D. Breidenbach
Publisher : Harvard University Press
Page : 369 pages
File Size : 40,7 Mb
Release : 2021-05-25
Category : History
ISBN : 9780674247239
How early American Catholics justified secularism and overcame suspicions of disloyalty, transforming ideas of religious liberty in the process. In colonial America, Catholics were presumed dangerous until proven loyal. Yet Catholics went on to sign the Declaration of Independence and helped to finalize the First Amendment to the Constitution. What explains this remarkable transformation? Michael Breidenbach shows how Catholic leaders emphasized their churchÕs own traditionsÑrather than Enlightenment liberalismÑto secure the religious liberty that enabled their incorporation in American life. Catholics responded to charges of disloyalty by denying papal infallibility and the popeÕs authority to intervene in civil affairs. Rome staunchly rejected such dissent, but reform-minded Catholics justified their stance by looking to conciliarism, an intellectual tradition rooted in medieval Catholic thought yet compatible with a republican view of temporal independence and church-state separation. Drawing on new archival material, Breidenbach finds that early American Catholic leaders, including Maryland founder Cecil Calvert and members of the prominent Carroll family, relied on the conciliarist tradition to help institute religious toleration, including the Maryland Toleration Act of 1649. The critical role of Catholics in establishing American churchÐstate separation enjoins us to revise not only our sense of who the American founders were, but also our understanding of the sources of secularism. ChurchÐstate separation in America, generally understood as the product of a Protestant-driven Enlightenment, was in key respects derived from Catholic thinking. Our Dear-Bought Liberty therefore offers a dramatic departure from received wisdom, suggesting that religious liberty in America was not bestowed by liberal consensus but partly defined through the ingenuity of a persecuted minority.
Author : Emily R. Gill
Publisher : Springer Nature
Page : 296 pages
File Size : 47,7 Mb
Release : 2019-08-21
Category : Social Science
ISBN : 9783030250379
This book addresses the challenge of providing for the free exercise of religion without allowing religious exercise by some individuals and groups to impinge upon the conscientious convictions of others. State neutrality toward religion is impossible, because neutrality means inattention to religion for some, but leveling the playing field through accommodations or exemptions for others. Both formal and substantive neutrality have a place in addressing particular conflicts. One such example is public funding for religiously affiliated social service programs, for which neither type of neutrality is satisfactory and thus some restrictions are justifiable; conversely, private voluntary organizations that do not receive direct public funding should be allowed wide latitude regarding their practices. This title also examines the expansive free exercise claims that are now made by those who argue that following the law impinges upon their beliefs, as exemplified by the ministerial exception and the Hobby Lobby and Masterpiece Cakeshop Supreme Court cases. It concludes by analyzing the relationship between neutrality and marriage as a civil status, which impacts a variety of commitment types and plural marriage.
Author : Nigel Biggar
Publisher : Oxford University Press, USA
Page : 375 pages
File Size : 48,9 Mb
Release : 2020
Category : Philosophy
ISBN : 9780198861973
What's Wrong with Rights? argues that contemporary rights-talk obscures the importance civic virtue, military effectiveness and the democratic law legitimacy. It draws upon legal and moral philosophy, moral theology, and court judgments. It spans discussions from medieval Christendom to contemporary debates about justified killing.
Author : John Courtney Murray
Publisher : Westminster John Knox Press
Page : 284 pages
File Size : 40,8 Mb
Release : 1993-01-01
Category : Religion
ISBN : 0664253601
John Courtney Murray is renowned for his contributions to American ethical debates and well known for his defense of civil religious freedom. He strongly felt that religion should be taught in public schools and universities. Murray had a decisive influence on juridical, political, and social theories. This intriguing volume includes, in addition to two of Murray's most important statements on religious freedom, two essays newly made available to the reading public. This fascinating collection will help readers look back at past struggles over religious liberty and forward to dilemmas presently facing the church. The Library of Theological Ethics series focuses on what it means to think theologically and ethically. It presents a selection of important and otherwise unavailable texts in easily accessible form. Volumes in this series will enable sustained dialogue with predecessors though reflection on classic works in the field.
Author : John Colman
Publisher : University Press of Kansas
Page : 256 pages
File Size : 54,5 Mb
Release : 2023-07-08
Category : Political Science
ISBN : 9780700635016
Religious liberty is one of the hallmarks of American democracy, but the principal architects of this liberty believed that it was only compatible with a certain form of Christianity—namely, a liberal, rational, Christianity. Conservative and postliberal champions of the freedom of religion often ignore this point, sometimes even arguing that orthodox Christianity was, or should be, at the root of democratic liberty. Everyone Orthodox to Themselves, John Colman’s close study of the religious views and political theologies of John Locke, Benjamin Franklin, James Madison, and Thomas Jefferson, shows otherwise. Colman demonstrates that Locke and his three American students specifically took aim at the idea of orthodoxy, which they argued continuously tempted its believers to try to impose an artificial uniformity upon the religious diversity that naturally exists in society and thought it necessary to advance a more rational, nondogmatic Christianity given the threat they saw religious orthodoxy posed to a free, liberal society. While recent arguments have endorsed the idea that there is a crisis of liberalism that can only be met by the revival of more orthodox forms of religious devotion, Colman argues that, according to some of the most prominent American Founders and their philosophic predecessors, such orthodoxy is incompatible with religious freedom and the right to free inquiry. Everyone Orthodox to Themselves demonstrates that only a nondogmatic, rationalist Christianity could be made a friend rather than an adversary to the inalienable right of religious liberty. Colman’s work reveals how the reform of Christianity, and with it the inculcation of a particular theological disposition, is necessary to secure religious liberty and the right of free inquiry. The book also establishes the importance of Locke’s Reasonableness
Author : Md Jahid Hossain Bhuiyan,Darryn Jensen
Publisher : Bloomsbury Publishing
Page : 390 pages
File Size : 51,5 Mb
Release : 2020-05-28
Category : Law
ISBN : 9781509926343
The relationship between law and religion is evident throughout history. They have never been completely independent from each other. There is no doubt that religion has played an important role in providing the underlying values of modern laws, in setting the terms of the relationship between the individual and the state, and in demanding a space for the variety of intermediate institutions which stand between individuals and the state. However, the relationships between law and religion, and the state and religious institutions differ significantly from one modern state to another. There is not one liberalism but many. This work brings together reflections upon the relationship between religion and the law from the perspectives of different sub-traditions within the broader liberal project and in light of some contemporary problems in the accommodation of religious and secular authority.
Author : David VanDrunen
Publisher : Zondervan Academic
Page : 401 pages
File Size : 47,9 Mb
Release : 2020-04-21
Category : Religion
ISBN : 9780310108856
For more than a millennium, beginning in the early Middle Ages, most Western Christians lived in societies that sought to be comprehensively Christian--ecclesiastically, economically, legally, and politically. That is to say, most Western Christians lived in Christendom. But in a gradual process beginning a few hundred years ago, Christendom weakened and finally crumbled. Today, most Christians in the world live in pluralistic political communities. And Christians themselves have very different opinions about what to make of the demise of Christendom and how to understand their status and responsibilities in a post-Christendom world. Politics After Christendom argues that Scripture leaves Christians well-equipped for living in a world such as this. Scripture gives no indication that Christians should strive to establish some version of Christendom. Instead, it prepares them to live in societies that are indifferent or hostile to Christianity, societies in which believers must live faithful lives as sojourners and exiles. Politics After Christendom explains what Scripture teaches about political community and about Christians' responsibilities within their own communities. As it pursues this task, Politics After Christendom makes use of several important theological ideas that Christian thinkers have developed over the centuries. These ideas include Augustine's Two-Cities concept, the Reformation Two-Kingdoms category, natural law, and a theology of the biblical covenants. Politics After Christendom brings these ideas together in a distinctive way to present a model for Christian political engagement. In doing so, it interacts with many important thinkers, including older theologians (e.g., Augustine, Aquinas, and Calvin), recent secular political theorists (e.g., Rawls, Hayek, and Dworkin), contemporary political-theologians (e.g., Hauerwas, O'Donovan, and Wolterstorff), and contemporary Christian cultural commentators (e.g., MacIntyre, Hunter, and Dreher). Part 1 presents a political theology through a careful study of the biblical story, giving special attention to the covenants God has established with his creation and how these covenants inform a proper view of political community. Part 1 argues that civil governments are legitimate but penultimate, and common but not neutral. It concludes that Christians should understand themselves as sojourners and exiles in their political communities. They ought to pursue justice, peace, and excellence in these communities, but remember that these communities are temporary and thus not confuse them with the everlasting kingdom of the Lord Jesus Christ. Christians' ultimate citizenship is in this new-creation kingdom. Part 2 reflects on how the political theology developed in Part 1 provides Christians with a framework for thinking about perennial issues of political and legal theory. Part 2 does not set out a detailed public policy or promote a particular political ideology. Rather, it suggests how Christians might think about important social issues in a wise and theologically sound way, so that they might be better equipped to respond well to the specific controversies they face today. These issues include race, religious liberty, family, economics, justice, rights, authority, and civil resistance. After considering these matters, Part 2 concludes by reflecting on the classical liberal and conservative traditions, as well as recent challenges to them by nationalist and progressivist movements.
