Religious Freedom: Public Conscience, Private Equality, and Public Reason

2019 ◽  
Vol 62 (4) ◽  
pp. 630-653
Author(s):  
Kevin McGravey
EMPIRISMA ◽  
2008 ◽  
Vol 27 (2) ◽  
Author(s):  
R. Vibekehh N. Demaisip Bat-og

This paper presents a critical appraisal on John Rawls’ philosophy of public reason which presents some ambiguous and problematic issues that must be recognized and properly dealt with. There are three main objectives set forth in this paper. First, this presents key concepts of John Rawls’ idea of public reason as a means of dealing with different religious comprehensive doctrines that is in a way, beneficial to the interest of the state, second, this paper makes a philosophical and theoretical analysis of John Rawls’ idea of public reason, and third, this shows and illustrates some concrete examples of how John Rawls’ idea of public reason as a solution to conflicting religious comprehensive doctrines can appear rather problematic.Keywords: Religious Freedom, Democratic and Pluralistic Society, John Rawls


Author(s):  
Kevin Vallier ◽  
Michael Weber

This article critically evaluates a court decision that rejected a request of a witness donning the Islamic full veil known as the niqab to allow her religious exemption from a rule requiring access to witnesses’ demeanor during a court appearance and testimony. Through evaluating the justices’ competing arguments, the article explores the question of religious exemptions in a liberal society. It considers different aspects of the question such as equality, personal choice, religious freedom, and the liberal commitment to public reason. Finally, the article articulates and defends a novel principle for adjudicating requests for religious exemptions. It proposes a “meaningful choice to practice one’s religion” principle.


Author(s):  
Ahdar Rex ◽  
Leigh Ian

This chapter discusses liberal political thought and its understanding and treatment of religion. Section II begins by briefly outlining the nature and character of liberalism. The premise is that liberalism is the principal philosophical foundation for law in modern liberal democracy. Our contemporary notions of ‘religious freedom’ are ones that have been indubitably shaped by liberal attitudes to religion, faith communities, and the call of conscience. The chapter then turns to the liberal claim of neutrality between competing conceptions of the good life. Is liberalism as impartial as it purports to be? What does state neutrality towards religion in practice actually require? This chapter also examines the privatization of religious (and other) beliefs in a liberal polity, and considers a leading liberal litmus test for public policy — John Rawls' concept of ‘public reason’. Section III analyses the principal secular liberal justifications for religious freedom. It argues that unless we know why religious liberty is worth protecting, our ability to deal with new and increasingly insistent faith-based claims for legal recognition and protection will be hampered.


Author(s):  
Sonia Sikka

There are many versions of liberalism, but it would be uncontroversial to say that they agree in placing a premium on individual liberty. As a political paradigm, liberalism is committed to protecting the freedom of persons to live and think as they choose without interference from the state, provided they do no harm to others. This fundamental commitment underlies the classical liberal arguments for religious liberty and toleration articulated by John Locke and J. S. Mill. It forms the basis for legal provisions guaranteeing freedom of religious belief, worship, and expression in liberal democratic nations, as well as the principle of non-establishment, which prohibits the state from favoring any religion or from favoring religion over nonbelief. The formulation of these two principles, religious freedom and nonestablishment, requires that the spheres of the secular and the sacred be distinguished in order to institute a particular relation between them. Questions have been raised about the validity and universality of this distinction, as well as its implications for the place of religion within political life. In contemporary political theory, the topic of public reason has been especially prominent, the point of contention being whether and how religious discourse may be allowed in political reasoning. Balancing religious freedom against other fundamental liberal rights poses another difficulty in cases where the beliefs and practices of religious individuals and communities come into conflict with general laws or compromise equality, another central liberal value. Sometimes social and political judgments about such cases seem to apply a double standard to the religious practices of certain minorities, moreover, and to reflect an element of cultural racism. This is arguably true of attitudes and decisions in Western countries regarding the hijab and other types of veils worn by Muslim women. Applying liberal principles for regulating religion in a fashion that is genuinely neutral and impartial remains a challenge. Indeed, some argue that there is no way of defining “religion” for the requisite purposes without privileging certain forms of it. If so, liberal efforts to protect religious freedom may end up enforcing varieties of religious establishment.


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