A response to Michael Moxter's account of the need for 'religious feeling' for social order, suggesting that togetherness is currently promoted in overtly non-religious ways, and that true piety may often be at odds with social - and especially with state - order.

This book explores different theories of law, religion, and tradition, from both a secular and a religious perspective. It reflects on how tradition and change can affect religious and secular legal reasoning, identifying the patterns of legal evolution within religious and secular traditions. It is often taken for granted that, even in law, change corresponds and correlates to progress – that things ought to be changed and they will necessarily get better. There is no doubt that legal changes over (...) the centuries have made it possible to enhance the protection of individual rights and to somewhat contain the possibility of tyranny and despotism. But progress is not everything in law: stability and certainty lie at the core of the rule of law. Similarly, religions and religious laws could not survive without traditions; and yet, they still evolve, and their evolution is often intermingled with secular law. The book asks the questions: What is the role of tradition within religions and religious laws? What is the impact of religious traditions on secular laws, and vice-versa? How are the elements of tradition to be identified? Are they the same within the secular and the religious realm? Do secular law and religious law follow comparable patterns of change? Do their levels of resilience differ significantly? How does the history of religion and law affect changes within religious traditions and legal systems? The overall focus of the book addresses the extent to which tradition plays a role in shaping and re-shaping secular and religious laws, as well as their mutual boundaries. (shrink)

The Euthyphro problem and the natural law : an investigation of some aspects of the medieval debate on natural law -- Aristotle : natural law and man in the "metaxy" -- St. Thomas Aquinas : the "lex naturalis" -- Thomas Hobbes : The state of nature and natural rights -- John Locke : natural law, natural rights and God -- Concluding remarks and a heavenly dialogue.

Equity and efficiency -- A society within a society -- Thomas Aquinas : the interplay of natural and positive law -- William of Ockham : repudiation of power and wealth -- Martin Luther's redistributive theology of the Lord's supper -- John Calvin and the challenge of inequality -- Triumph of the economy.

The essays in Religion and Public Reasons seek to argue for, and illustrate, a central element of John Finnis' theory of natural law: that the main tenets of ...

Additional Contributor Is Joseph D. Quillian, Jr.

In contrast to classical natural law theory and traditional individualist liberalism, James Luther Adams develops a version of natural law doctrine grounded in liberal religion. In its ontological dimension, his natural law doctrine is derived from a communal understanding of the character of reality. In its institutional dimension, his natural law doctrine promotes a kind of democracy in which freedom of association is central. From this perspective, law is a practice intended to empower persons through their several associations in (...) the constant formation and transformation of community under the direction of divine power. (shrink)

This book offers a systematic examination of the place of religion within Kant's major writings. Kant is often thought to be highly reductionistic with regard to religion - as though religion simply provides the unsophisticated with colourful representations of moral lessons that reason alone could grasp. James DiCenso's rich and innovative discussion shows how Kant's theory of religion in fact emerges directly from his epistemology, ethics and political theory, and how it serves his larger political and (...) ethical projects of restructuring institutions and modifying political attitudes towards greater autonomy. It also illustrates the continuing relevance of Kant's ideas for addressing issues of religion and politics that remain pressing in the contemporary world, such as just laws, transparency in the public sphere and other ethical and political concerns. The book will be valuable for a wide range of readers who are interested in Kant's thought. (shrink)

In this article, the authors explore how technology has helped erode society’s conceptions of justice. Law, via juridification, has replaced the concept of justice with one of efficiency. The authors argue that this has been largely a result of the destruction of society’s common story or vision and the introduction of the computer and the Internet as tools enabling technique to replace that story. They offer a perspective on how justice operated in traditional societies, using the Judeo-Christian religious tradition. Finally, (...) the authors ask what might be done to recover the best features of what has been lost and create a new common story to help guide society’s conception of justice. (shrink)

Religion is increasingly a social and political factor in post-modern societies nowadays and the question of the role of religion in the public sphere is more and more brought to the fore: a challenge to legal philosophers. Should religion be only a private affair, or should the public dimension of religion be more acknowledged? Do we have to interpret the freedom of religion and the separation of church and state in a strict (laicist) sense, or (...) do we have to allow for a more benevolent relation between religion and the state? This collection of essays explores these questions in various and new ways. (shrink)

Religion and Public Reasons collects the theological work of John Finnis, spanning his contribution to such foundational issues as the justification for belief in revelation and moral-theological methodology; to the role of religion in public reason and law; and to major controversies within Catholic thought and practice since the 1960s.

Religion, belief and culture should be recognized as potential sources of moral purpose and personal strength in healthcare, enhancing the welfare of both clinicians and patients amidst the experience of ill-health, healing, suffering and dying. Communication between doctors and patients and between healthcare staff should attend sensitively to the welfare benefits of religion, belief and culture. Doctors should respect personal religious and cultural commitments, taking account of their significance for treatment and care preferences. Good doctors understand their own (...) beliefs and those of others. They hold that patient welfare is best served by understanding the importance of religion, belief and culture to patients and colleagues. The sensitive navigation of differences between people's religions, beliefs and cultures is part of doctors' civic obligations and in the UK should follow the guidance of the General Medical Council and Department of Health. In particular, apparent conflict between clinical judgement or normal practices and a patient's culture, religion and belief should be considered carefully. Doctors' own religion or culture may play an important role in promoting adherence to this good practice. In all matters, doctors' conduct should be governed by the law and arrangements for conscientious objection that are in effect. (shrink)

This article focuses on a religious structure that is intrinsic to the contemporary mechanisms that have enabled the global domination of economic power: faith in the market. Following Foucault’s transition from biopolitics to governmentality, this article articulates the mechanism that generates the ability for human beings to give shape and value to their lives. Through a reading of Schmitt and Hayek, as well as an updated reading of Weber’s thesis on the origin of capitalism, this article argues that we must (...) turn our attention to the Christian motifs that shape our contemporary understanding of the ‘economy’. (shrink)

This article argues that there is much more continuity in Hobbes’s thinking on the church and religion than critics have recognized. I consider three issues which have been taken as prime illustrations of Hobbes’s alleged ‘new departure’ in the Leviathan: the nature and fate of the soul; the character of magic and revelation; and church-state relations. I show that in particular Richard Tuck’s interpretation of Hobbes’s intellecual development is mistaken. There is no ‘fundamental reversal’ or ‘new direction’ in Hobbes’s (...) position, but rather a development and an extension of a line of thinking which is already clearly visible in the earlier works. (shrink)

Religious traditions in the United States have been characterized by an ongoing tension between assimilation to the broader culture, typically reflected by mainline Protestant churches, and defiant rejection of cultural incursions, as witnessed by more sectarian movements such as Mormonism and Hassidism. But legal theorist and theologian Cathleen Kaveny contends that religious traditions do not need to swim in either the Current of Openness or the Current of Identity. There is a third possibility, which she calls the Current of Engagement, (...) which accommodates and respects tradition but which recognizes the need to interact with culture to remain relevant and to offer a prophetic critique of social and political and legal and economic practice. In fifty-six brief articles Kaveny illustrates the implications of the Current of Engagement in American public life. The articles are organized into five chapters or sections: Law as Teacher; Religious Liberty and its Limits; Conversations about Culture; Conversations about Belief; and Cases and Controversies. Kaveny provides astonishing insights into a range of hot-button issues: abortion, assisted suicide, government-sponsored torture, contraception, the Ashley Treatment, capital punishment, and the role of religious faith in a pluralistic society. (shrink)

A collection of new papers by ten philosophers exploring relations between conceptions of natural law and theism, ranging from Plato to the early modern period. Rather than defending a a specific view of natural law, the papers explicate the complex texture of the relations between the diverse conceptions of natural law and diverse conceptions of theism and its significance for moral and political thought.

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)

This practical guide summarizes the principles of working with dying patients and their families as influenced by the commoner world religions and secular philosophies. It also outlines the main legal requirements to be followed by those who care for the dying following the death of the patient. The first part of the book provides a reflective introduction to the general influences of world religions on matters to do with dying, death and grief. It considers the sometimes conflicting relationships between ethics, (...) religion, culture and personal philosophies and how these differences impact on individual cases of dying, death and loss. The second part describes the general customs and beliefs of the major religions that are encountered in hospitals, hospices, care homes and home care settings. It also includes discussion of non-religious spirituality, humanism, agnosticism and atheism. The final part outlines key socio-legal aspects of death across the UK. Death, Religion and Law provides key knowledge, discussion and reflection for dealing with the diversity of the everyday care of dying and death in different religious, secular and cultural contexts. It is an important reference for practitioners working with dying patients, their families and the bereaved. (shrink)

The author discusses the sixteenth-century Protestant Reformation as a human rights movement. The Reformation not only laid the groundwork for religious human rights but also created the platform for the more expansive conceptions of individual liberty that shaped the political development of the West. The continuing importance of the churches in the human rights movement is affirmed.

As debates rage over the place of faith in our national life, Tocqueville’s nineteenth-century crediting of religion for shaping America is largely overlooked today. Now, in _Republicanism, Religion, and the Soul of America,_ Ellis Sandoz reveals the major role that Protestant Christianity played in the formation and early period of the American republic. Sandoz traces the rise of republican government from key sources in Protestant civilization, paying particular attention to the influence of the Bible on the Founders and (...) the blossoming of the American mind in the eighteenth century. Sandoz analyzes the religious debt of the emergent American community and its elevation of the individual person as unique in the eyes of the Creator. He shows that the true distinction of American republicanism lies in its grounding of human dignity in spiritual individualism and an understanding of man’s capacity for self-government under providential guidance. Along the way, he addresses such topics as the neglected question of the education of the Founders for their unique endeavor, common law constitutionalism, the place of Latin and Greek classics in the Founders’ thought, and the texture of religious experience from the Great Awakening to the Declaration of Independence To establish a unifying theoretical perspective for his study, Sandoz considers the philosophical underpinnings of religion and the contribution that Eric Voegelin made to our understanding of religious experience. He contributes fresh studies of the character of Voegelin’s thought: its relationship to Christianity; his debate with Leo Strauss over reason, revelation, and the meaning of philosophy; and the theory of Gnosticism as basic to radical modernity. He also provides a powerful account of the spirit of Voegelin’s later writings, contrasting the political scientist with the meditative spiritualist and offering new insight into volume 5 of _Order and History_. _Republicanism, Religion, and the Soul of America_ concludes with timely reflections on the epoch now unfolding in the shadow of Islamic jihadism. Bringing a wide range of materials into a single volume, it confronts current academic concerns with religion while offering new insight into the construction of the American polity—and the heart of Americanism as we know it today. (shrink)

Howard W. Jones, Jr.'s Personhood Revisited chronicles reproductive technology's debate-evoking history meanwhile exploring the ongoing moral dilemmas of the twenty-first century, including: personhood, in vitro fertilization, conjugal love, eugenics, cloning, stem cell research, and more. Balanced readings on each reproductive topic represent conflicting viewpoints from legal, religious, and scientific perspectives. And Jones' personal experiences, such as meetings with the Vatican, add a unique look into the highly political yet benevolent world of reproductive medicine. Author Howard W. Jones, Jr., alongside Robert (...) Edwards (winner of the Nobel Prize for Medicine 2010), fertilized the first human eggs in vitro. Jones and his wife, Georgeanna Seegar Jones, established the first in vitro fertilization program in the United States, which went on to develop America's first test tube baby in 1981. Book jacket. (shrink)

Exploring the pre-political en pre-legal spiritual infrastructure from which modern, liberal democracies in the West live, but cannot guarantee, this book ...

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:A Culture of Engagement: Law, Religion, and Morality by Cathleen KavenyAllen CalhounA Culture of Engagement: Law, Religion, and Morality Cathleen Kaveny WASHINGTON, DC: GEORGETOWN UNIVERSITY PRESS, 2016. 320 pp. $98.95 / $32.95It is encouraging to read a book on the intersection of religion and law from an author as conversant with both fields as is Cathleen Kaveny. Reworking a number of columns that she wrote (...) for Commonweal magazine, Kaveny offers her concept of a "culture of engagement" as an alternative to America's polarizing culture wars. She builds a vision of engagement—typified by Pope Francis's emphasis on the church's need to "encounter" all human beings—that welcomes the influence that religious traditions and the broader culture and its laws can have on each other.Kaveny notes two ways in which the Roman Catholic tradition is particularly well situated to engage American culture and law. First, both American common law and the Catholic moral tradition use forms of "casuistry" to connect general rules with particular situations. Second, Catholic reluctance "to draw sharp lines between the pure and the tainted" can supply a salutary alternative to the Puritan tendency toward "prophetic indictment" (16).In part 1, Kaveny argues that law has both pedagogical and pragmatic qualities. In part 2, she describes the nation's struggle to balance governmental interests and religious liberty in the context of the contraception mandate in the 2010 Affordable Care Act. She faults the United States Conference of Catholic Bishops for elevating the law's pedagogical role over its pragmatic function in their attack on the mandate. She herself leans toward pragmatism; she assumes that exceptions to laws of general applicability should apply only "in the most extreme cases" (116) and that the government—not the religious claimant—should determine when exceptions apply.Kaveny also suggests that the bishops would do well to pay greater attention to the common good, as "it reflects the moral consensus of the community, which is accurately reflected in our democratic process of lawmaking" (90). Development of the grounds for this optimistic linking of a moral consensus and majority rule to the common good would have been an interesting addition to the book.Part 3 is the heart of the work, exploring ways for American society to "move beyond a culture war mentality" (120). Kaveny resists the assumption that public discourse in a society torn by culture wars is served by pitting secular and religious voices against each other. She hopes instead for persuasion based on natural law. One is left wondering, however, how persuasion based on natural law could happen in America's ideologically diverse culture. [End Page 201]Part 4 explores the effect of America's ideological pluralism on discussions among American Catholics. Kaveny describes how the church's sexual abuse scandal has fed the growing sense of disconnection between church teaching and the expectations of the Catholic laity.Part 5, a series of essays on difficult ethical controversies, hints at what interaction between the American and Catholic traditions might look like. Kaveny advocates "reframing the question" and hints at what reframing the contraception question might look like (221).Some of the book addresses specifically Catholic questions. It is valuable in that respect. Its scope extends beyond any one religious tradition, however, as it offers a picture of engagement between equals: the American legal tradition and Catholic moral teaching. Nevertheless, Kaveny makes it clear that this sort of engagement can succeed only if the American legal community understands its need to reflect changing social values and the Catholic hierarchy moves away from insisting that "error has no rights" and toward acknowledging that people do have rights even when they are in error (257).Allen CalhounPhD candidate, University of AberdeenCopyright © 2018 Society of Christian Ethics... (shrink)

This essay on law and religion appears in the second edition of the Blackwell Companion to Philosophy of Law and Legal Theory, edited by Dennis Patterson. It is a revision of a similar entry in the book’s first edition. The essay opens by broadly discussing the complex relationships between law and religion writ large as movements in human history – social, cultural, intellectual, and institutional phenomena with distinct but often overlapping logics and concerns. It then hones in on (...) the efforts of secular law to make sense of religion and determine its place in the civil state. The essay argues that, while the questions raised by the American Bill of Rights’ religion clauses connect in some important respects to broader constitutional principles such as free expression and equality, the most interesting and theoretically excruciating conundrums involving religion need to be approached on their own unique terms. Two useful rubrics for such understanding are “separation” and “deference.” Any honest account must also admit, however, that there is an “intractable residue,” questions in the relation of religion and law to which there simply is no determinate or completely satisfactory answer. Finally, the essay emphasizes that the full texture of the legal imagination’s effort to grapple with religion only becomes apparent in the wider range of subconstitutional and nonconstitutional contexts beyond the standard litany of constitutional discourse. (shrink)

Leo Strauss's Philosophy and Law contains a groundbreaking study of the political philosophy of Maimonides and his Islamic predecessors, and it offers an argument on behalf of that philosophy which is also a profound critique of modern philosophy. Here is an entirely new and complete English translation of Strauss's work, which takes as its ideal the exacting standards of accuracy that Strauss himself emphasized in his own work. It includes a prefatory essay introducing the argument of each of the four (...) sections of Philosophy and Law. This is a fresh and challenging treatment of the perennial conflict between reason and revelation, or philosophy and religion. Strauss's key contention in this book is that the most influential modern approaches to this conflict have run aground in ways that reflect their loss of key insights developed by the medieval philosophers of Islam and their Jewish pupils, especially Maimonides. Strauss challenges the modern view that scientific enlightenment must ultimately amount to atheism, and that therefore there can be no such thing as enlightened religion. Through a careful, original, and detailed treatment of central works of the medieval Islamic-Jewish tradition, especially Maimonides' Guide of the Perplexed, Strauss aims to recover their key insights into this question. (shrink)

Proponents of the capabilities approach claim that it should be used to give guidance for the implementation of good constitutional laws. This suggests that it also gives us grounds to support attempts to create or protect constitutions based on something like the capabilities approach. The Turkish Republic claims that in order to protect secularism and the equal status of women, it needs to keep certain Islamic practices away from the public domain. The wearing of the headscarf has been singled out (...) as such a practice, and the Turkish Republic has therefore legislated against headscarf wearing in schools, universities, and government buildings. In consequence many women are forced to choose between religion over education and politics in a way that curtails central human capabilities. Nussbaum claims that the best way to help states resolve the dilemma presented by the conflict between religious choice and other central capabilities is to refer to principles embodied in to the US Religious Freedom Restoration Act 1993, which states that a law can burden a person's exercise of religion only when the burden is a furtherance of a compelling state interest. In this paper I consider how this advice partly vindicates the Turkish case and how the solution it yields is in many ways more satisfactory than that of more traditional approaches in political philosophy. (shrink)

Hans Albert is the leading critical rationalist in the German-speaking world and the main critic of the hermeneutic tradition. He is well-known for applying the idea of critical reason to various kinds of human practice, including economics, politics, and law. But he has also improved on Popper's methodology by introducing the idea of rational heuristics. This collection of essays presents the core of his work on epistemology, philosophy of the social sciences, philosophy of religion, and philosophy of law. Most (...) of Albert's works have not been available in English. It is enormously useful to have these articles collected in a single volume. (shrink)