Introduction

2017 ◽  
Author(s):  
Cécile Laborde ◽  
Aurélia Bardon
Keyword(s):  
Political Philosophy ◽  
Religious Freedom ◽  
Freedom Of Speech ◽  
State Sovereignty ◽  
Religious Symbols ◽  
Secular Education ◽  
The Law ◽  
Structural Architecture

There is already an important literature on religion and political philosophy, focusing especially on controversies about religious symbols, freedom of speech, or secular education. The introduction explains the distinctive approach of the volume. Instead of focusing on specific political controversies, the book explores the conceptual, structural architecture of liberal political philosophy itself. The authors distinguish four different themes: the special status of religion in the law; state sovereignty, non-establishment, and neutrality; accommodation and religious freedom; and toleration, conscience, and identity. The chapter explains the particular questions raised in each of these four themes, and briefly presents the twenty-two contributions gathered in the volume.

scholarly journals Hukuman Pelaku Penodaan Agama Menurut al-Sunnah Dalam Perspektif Hak Asasi Manusia

KALAM ◽  
2017 ◽  
Vol 11 (1) ◽  
pp. 135
Author(s):  
Muh. Tasrif
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
Freedom Of Speech ◽  
Public Debate ◽  
Freedom Of Religion ◽  
Human Right ◽  
Reform Era ◽  
Presidential Decree ◽  
The Law ◽  
The Republic

This paper discusses human right and the law of In the Reform Era, the existence of the Republic of Indonesia Presidential Decree No. 1/1965 About Prevention against Blasphemy came into a public debate. Many observers and human rights activists saw that the law is not compatible with the principles of freedom of religion guaranteed by the Constitution of 1945 and human rights. On the contrary, many leaders of Islamic organizations saw that the Law is in accordance with respect for religious freedom. Based on this context, it is interesting to raise questions of how to understand blasphemy in Islam in the perspective of human rights and its implications upon the Law in Indonesia. To answer the questions, I attempt to explain the terms used in conceptualizing actions of blasphemy. The explanation is followed by looking at forms of action of the Prophet Muhammad against perpetrators of blasphemy and interpreting it with the perspective of human rights and its implications upon the law in Indonesia. In this article, it is argued that measures of ignorance, rejection, abuse, and insult against the religion of Islam did not cause the Prophet punish the actors. The Prophet punished the actors based on that the actions had prevented Muslims from practicing their religion.In the perspective of human rights, to express a particular interpretation of religion and to seek support for the interpretation become part of freedom of religion and belief and also part of freedom of speech. For this reason, to put forward an interpretation of any religion can not be punished.

From Toleration to Laïcité

2021 ◽  
Vol 31 (2) ◽  
pp. 145-161
Author(s):  
Gerhardt Stenger ◽  
Keyword(s):  
Religious Freedom ◽  
Church And State ◽  
Saint Augustine ◽  
Anglo Saxon ◽  
Modern Times ◽  
Political Justification ◽  
History Of ◽  
The Law ◽  
Pierre Bayle ◽  
The Right

This paper traces the history of the philosophical and political justification of religious tolerance from the late 17th century to modern times. In the Anglo-Saxon world, John Locke’s Letter Concerning Toleration (1689) gave birth to the doctrine of the separation of Church and State and to what is now called secularization. In France, Pierre Bayle refuted, in his Philosophical Commentary (1685), the justification of intolerance taken from Saint Augustine. Following him, Voltaire campaigned for tolerance following the Calas affair (1763), and the Declaration of the Rights of Man (1789) imposed religious freedom which, a century later, resulted in the uniquely French notion of laïcité, which denies religion any supremacy, and any right to organize life in its name. Equality before the law takes precedence over freedom: the fact of being a believer does not give rise to the right to special statutes or to exceptions to the law.

Religious Neutrality and the Government’s Freedom of Speech in the Jurisprudence of the us Supreme Court

2015 ◽  
Vol 10 (1) ◽  
pp. 1-23
Author(s):  
András Koltay
Keyword(s):  
Supreme Court ◽  
Freedom Of Speech ◽  
The State ◽  
Social Conditions ◽  
Religious Symbols ◽  
The Us ◽  
Us Supreme Court ◽  
The Government ◽  
Hard Cases

The issue of the use of religious symbols by the State, the Government, the Municipalities and Courts has emerged as a practical constitutional problem during the last quarter of a century. Contradictory examples of us Supreme Court jurisprudence prove that this issue is among the constitutional ‘hard cases’. The relatively recent appearance of the problem clearly indicates the ways in which American social conditions have changed and the transformation of us society’s attitude to religion.

scholarly journals Religious Freedom: Moscow Patriarchate as Catalyst for Conflict of Identity in Orthodoxy of Ukraine

2016 ◽  
Vol 1 (19) ◽  
pp. 130-134
Author(s):  
Oleksandr N. Sagan
Keyword(s):  
Religious Freedom ◽  
Religious Conflict ◽  
Religious Organizations ◽  
Freedom Of Conscience ◽  
The Law

State-church relations in Ukraine are regulated by one of the best in Europe, the Law of Ukraine "On Freedom of Conscience and Religious Organizations". However, this law can not solve the problem of confrontation between the Moscow and Kiev Orthodox patriarchates in our country, as this confrontation has gone beyond the religious conflict and, in fact, is an external expression of ideological and civilizational choice (tolerance of values) of Orthodox believers.

scholarly journals LEGAL FORMALISM AND LEGAL REALISM: WHAT IS THE ISSUE?

Legal Theory ◽  
2010 ◽  
Vol 16 (2) ◽  
pp. 111-133 ◽  
Author(s):  
Brian Leiter
Keyword(s):  
Decision Making ◽  
Political Philosophy ◽  
Judicial Decision ◽  
Legal Realism ◽  
Judicial Decision Making ◽  
Legal Formalism ◽  
The Law ◽  
Normative Considerations

In teaching jurisprudence, I typically distinguish between two different families of theories of adjudication—theories of how judges do or should decide cases. “Formalist” theories claim that (1) the law is “rationally” determinate, that is, the class of legitimate legal reasons available for a judge to offer in support of his or her decision justifies one and only one outcome either in all cases or in some significant and contested range of cases (e.g., cases that reach the stage of appellate review); and (2) adjudication is thus “autonomous” from other kinds of reasoning, that is, the judge can reach the required decision without recourse to nonlegal normative considerations of morality or political philosophy. I also note that “formalism” is sometimes associated with the idea that judicial decision-making involves nothing more than mechanical deduction on the model of the syllogism—Beccaria, for example, expresses such a view. I call the latter “Vulgar Formalism” to emphasize that it is not a view to which anyone today cares to subscribe.

scholarly journals Fact Finding and the World Court

1969 ◽  
Vol 7 ◽  
pp. 150-191
Author(s):  
W. F. Foster
Keyword(s):  
State Sovereignty ◽  
The World ◽  
International Tribunals ◽  
The Law ◽  
International Adjudication ◽  
Fact Finding ◽  
Relationship Of ◽  
The Relationship

The relationship of state sovereignty and the jurisdiction of international tribunals presents one of the main problems in the law of international adjudication. Submission to the jurisdiction of a tribunal implies a partial surrender of sovereignty. The extent of the surrender may be said to be proportionate to the degree of discretion open to the tribunal concerned when deciding a case submitted to it. The present study will deal with an important aspect of this judicial freedom of determination, namely, the extent to which the World Court can seek to discover the facts and circumstances of a dispute independently of the evidence and information brought before it voluntarily by the parties.

On the question about opposition to the information component aggression of the Russian Federation

2021 ◽  
pp. 59-63
Author(s):  
O. Vasylchenko
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Freedom Of Expression ◽  
Freedom Of Speech ◽  
State Committee ◽  
The State ◽  
Political Rights ◽  
The Media ◽  
The Russian Federation ◽  
The Law

Ukrainian law guarantees freedom of speech and expression. This is in line with international and regional instruments (Convention for the Protection of Human Rights and Fundamental Freedoms, International Covenant on Civil and Political Rights, Declaration of Human Rights) to which Ukraine is a party. Unfortunately, Ukraine is no exception, due to the conflict with the Russian Federation. The Revolution of Dignity of 2014 and the subsequent illegal activities of the neighbouring state (annexation of Crimea, occupation of the territories in the South-East of Ukraine) affected the legislative and regulatory framework of Ukraine regarding freedom of speech and freedom of expression. In order to counter aggression, the state has adopted a number of laws aimed at counteracting foreign interference in broadcasting and ensuring Ukraine’s information sovereignty. The implementation of these laws has been criticized for being seen by NGOs as imposing restrictions on freedom of expression and expression. However, censorship and selfcensorship create another serious restriction on freedom of speech and the press. The Law on Transparency of Mass Media Ownership, adopted in 2015, provides for the disclosure of information on the owners of final beneficiaries (controllers), and in their absence – on all owners and members of a broadcasting organization or service provider. In 2019, Ukraine adopted a law on strengthening the role of the Ukrainian language as the state language, which provides for language quotas for the media. According to the Law on Language, only 10% of total film adaptations can be in a language other than Ukrainian. Ukraine has adopted several laws in the field of information management to counter foreign influence and propaganda. According to the report of the Organization for Security and Cooperation in Europe, for the period from January 1, 2017 to February 14, 2018, the State Committee banned 30 books published in the Russian Federation. Thus, for the first time faced with the need to wage an “invisible” war on the information front, Ukraine was forced to take seriously the regulation of the media and the market. By imposing a number of restrictions on a product that can shake sovereignty and increase the authority of the aggressor in the eyes of citizens, the legislator, guided by the needs of society, also contributes to the promotion of Ukrainian (for example, by introducing quotas).

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