For decades, the United States has supported the development of civil society in various places around the world. Promoted as integral to democracy, civil society projects have come to include religion and religious freedom as significant components. U.S. experts point to tolerance of all faiths and the presence of voluntary religious association as essential checks to state power and necessary to a free society. Because of its unique relationship with Cuba, the United States support (...) of civil society there has addressed religion in a way unlike that in other countries. This article examines very recent developments there, placing them in larger social and historical context of politics and church/state relations. (shrink)

У статті здійснено спробу дослідити толерантність в українському соціокультурному просторі в контексті реалізації засад державно-церковних відносин. З’ясовано, що сучасна стратегія співробітництва держави і церкви становить собою цілеспрямований і системний процес, що сприяє утвердженню й розвитку духовної культури, формуванню поля толерантності і взаємоповаги. Вона спрямована на пошук взаємоприйнятних форм і методів розв’язання значної кількості соціальних і релігійних проблем.

Within the Irish government there is a discussion regarding the possibility of limiting the legal protection afforded to the confessional secret. This paper addresses the question of whether this suggestion, if it were to be implemented by the legislature, would be compatible with the right to religious freedom under Article 9 of the European Convention on Human Rights (ECHR). This text will also highlight the role of the confessional secret in canon law and the protection of it under German (...) law. Catholic priests, should this plan that is currently under discussion be implemented, were obliged to disclose the knowledge gained in confession to law enforcement authorities. The canonical consequence of such a breach of the confessional secret would be excommunication. In such cases priests therefore would only have the choice between breaking the law (which would probably also be punishable under criminal law) and excommunication, with all the resulting disadvantages. In this paper, the canonical law rules regarding confession are presented before the provisions relating to the confessional secret in § 53 para. 1 No. 1 of the Code of Criminal Procedure, § 383 para. 1 No. 4 of the Code of Civil Procedure and § 139 para. 2 of the Criminal Code are discussed. Specifically, the question is raised as to whether a duty of priests to co-operate with the law enforcement authorities may be established by law. Here in particular the protection of the confessional secret under the protection of freedom of religion under Article 9 of the European Convention on Human Rights will be discussed. It has to be noted however that the protection afforded by Article 9 of the European Convention on Human Rights extends far less than the scope of § 53 para. 1 No. 1 of the Code of Criminal Procedure, § 129 para. 2 of the Criminal Code and § 383 para. 1 No. 4 of the Code of Civil Procedure, as Art. 9 ECHR only protects the confessional secret as far as it is required from a religious point of view, but not a general pastoral secret. The article then includes a discussion on the limitations of Article 9 ECHR. Limitations of Article 9(1) ECHR on religious freedom under Article 9(2) ECHR are only permitted if they are prescribed by law and necessary in a democratic society for the protection of public order, health, morals or the rights of others. This is discussed against the background of the legislative goal of more effective law enforcement. As a result, a limitation of the protection of confessional secret through normal (sub-constitutional, domestic) laws, despite the understandable goal of more effective law enforcement, is not compatible with Article 9 of the ECHR. (shrink)

The article defines the nature of the Russian war against Ukraine in the context of social and state transformations of the 20th — 21st centuries. It is emphasized that this is a war of different worlds, mentalities, worldviews, ways of life, values, etc., which has been going on for many centuries in various forms (direct and mediated, open and veiled, hot and cold). The role of the religious-legal factor in the Russian war against Ukraine at various stages of Ukrainian state (...) formation (periods of the Ukrainian People’s Republic, Soviet, modern) is revealed. It is emphasized that it was during the time of the Ukrainian People’s Republic that the legal basis for the organization of the Ukrainian Local Orthodox Church, confessional differentiation and the establishment of freedom of conscience and interconfessional tolerance in Ukrainian society was created. Emphasized attention is paid to the fact that in the Soviet period, the Russian war against Ukraine continued in a new, veiled, hidden, invisible (at first glance) form with the active use of the religious factor. The results of this period have been determined, namely: rampant militant/ scientific atheism, radical extermination, Russification of Ukrainian Orthodoxy, liquidation of the Ukrainian Autocephalous Orthodox Church and the Ukrainian Greek Catholic Church, etc. Special attention is paid to the Soviet secular/political religion (Marxism-Leninism) as a key basis for the implementation of an aggressive policy regarding the historical memory and cultural identity of the Ukrainian people and a manipulative tool for the destruction of Ukrainian history, culture, worldview, nation, state and law in the information, hybrid, total, full-scale and other Russia’s wars against Ukraine. The article substantiates that improved legislation with an effective legal mechanism for its implementation, a strong civil society with developed institutions, including the institution of religion (church), adequate guarantees of religious rights and freedoms are important factors in ensuring state, national, religious security and victory of Ukraine (at the current stage) in the war waged against it by the Russian Federation. (shrink)

A crucial, but often overlooked, dimension of the human and constitutional right to religious freedom is the autonomy of religious institutions, associations and societies with respect to matters of governance, doctrine, formation and membership. Although the Supreme Court of the United States has affirmed this autonomy in the context of American constitutional law, it is vulnerable, and even under threat, for a variety of reasons, including a general decline in the health of civil society and mediating associations (...) and a crisis of confidence and authority caused by clerical sexual abuse and churches’ failure to respond to it. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Fortuyn, Van Gogh, Hirsi AliWhy the Unholy Trinity Was Driven Out of the NetherlandsHenri Beunders (bio)“Vulnerability” and “tolerance” are pretty vague notions. A lot of suggestions, images, and good intentions cling to them, while scientific clarity is virtually absent.The same goes for the Netherlands. Abroad, my country had the image of a tolerant, liberal, and free society, a place where things could be said and done that were (...) forbidden elsewhere. So the question is: how on earth did this country turn into a battlefield due to a clash of civilizations almost overnight?I will try to explain to you how and why in the past decades the Netherlands became so vulnerable that in 2002 a political revolt broke out quite unexpectedly, a revolt that lasted for years and still is not over yet. The crisis resulted in two people becoming victims of political killings, while a third had to flee the country. Because all three of these people were liberal individualists who criticized two types of religion—the political-cultural left, or “Red Church,” and fundamentalist Islam—I will refer to them as the unholy trinity, an unholy trinity that had to be exorcized to restore the peace.Freedom of speech and freedom of religion are key factors in the Dutch crisis. Cultural wars and mimetic rivalry are other factors. Americanization and the advent of the multicultural society are the forces profondes. [End Page 201]I: Tolerance and the Dutch ConstitutionLet us talk briefly about tolerance first. Everybody seems to be in favor of it, except when we collectively decide we must not tolerate things, like drunk driving, smoking in public buildings, and so on.In the present Dutch constitution, created in 1983, article 1 begins with these sentences: “All persons in the Netherlands shall be treated equally in equal circumstances. Discrimination on the grounds of religion, belief, political opinion, race, or sex or on any other grounds whatsoever shall not be permitted.”1In essence, the constitution states that a colored Dutchman has the right to be treated in the same way as a white one. This has, however, nothing to do with tolerance. Tolerance means that a dominant group permits a nondominant group to have opinions or lifestyles that seem to deviate from the usual order. If we ask natives to be tolerant toward exotic immigrants, this implies hierarchy. There is a group that tolerates, and there is a group that is tolerated. In the strict sense of the word, tolerance implies discrimination and is therefore hostile to the constitution.As a Dutch historian once remarked, every philosopher who thought about these things, like John Locke, Mirabeau, or Thomas Paine, knew that the notion of religious tolerance is useless if you assume all men by nature to have inviolable rights anyway, like those of freedom of thought, expression, and religion.2Of course, a nation-state has to be intolerant sometimes, for instance, when freedom of religion is used to undermine the state, when, for example, the state is promoting violence, which in democratic societies is the monopoly of the state. This is a matter of principle. The rest is a matter of political debate.At this point we have to conclude that trying to give meaning to a word such as tolerance can be very complicated and confusing, and that such a word has to be used very carefully. The same goes for all those other container words, like racism, fascism, populism, and so forth, that have been used so frequently in recent decades to label and scapegoat people and things that are feared or simply disliked. But words are important.The idle and gratuitous manner in which container words of this kind are used to denounce “the enemy” represents the other side of the so-called liberal, “tolerant” society of the Netherlands. All this name calling definitely keeps you from researching and facing the things that are really going on. During the 1990s, this name calling resulted in the dominance of political correctness, a phenomenon that leaves no room for doubt as to who the angels and devils are in society, and it implies that there is no need to look... (shrink)

Freedom of Religion, Inc.: Whose Sovereignty? This article focuses on an expansive conception of religious freedom propagated by a vocal group of American legal scholars – jurisdictional pluralists – often working with well-funded conservative foundations and influencing accommodation decisions throughout the US. I show that the proliferation of ‘accommodation’ claims in the name of church autonomy and religious conscience entailing exemption from civil regulation and anti-discrimination laws required by justice have a deep structure that has little to (...) do with fairness or inclusion or liberal pluralism. Instead they are tantamount to sovereignty claims, involving powers and immunities for the religious, implicitly referring to another, higher law and sovereign than the constitution or the people. The twenty-first century version of older pluralist ‘freedom of religion’ discourses also rejects the comprehensive jurisdiction and scope of public, civil law – this time challenging the ‘monistic sovereignty’ of the democratic constitutional state. I argue that the jurisdictional pluralist approach to religious freedom challenges liberal democratic constitutionalism at its core and should be resisted wherever it arises. (shrink)

The sources of religious tolerance but also of religious nationalism in post-soviet Russia can be found basically in the group identification of nationality and religion. In crisis situations, the historical religion of the Russian society - Orthodoxy - becomes the criterion for identifying the national identity. However, despite the fact that the majority of Russians in our times consider themselves Orthodox, many of them are not believers. The observable effect of the “external belief” results in the fact that the (...) religion tends to become a matter of personal choice and an individual value. It assumes a nationalistic function and to become an ideology. As a result, the political elite considers religion as a means of achieving different non- religious purposes. The Russian Orthodox Church, the official church, is compelled to take this fact into consider- ation and even support it. This is why religious intolerance and religious nationalism in modern Russia are often directed towards religion. (shrink)

This essay explores the impact of the ancient principle of the freedom of the Church—identified by the Second Vatican Council as “the fundamental principle” governing “the relations between the Church and governments and the whole civil order”—on both Western civilization and the development of modern Catholic social thought. Arguing that this principle requires the articulation and institutionalization of a new understanding of society and government, it contends this principle revolutionized the structure of Western political life and helped (...) lay the groundwork for Western liberty. At the same time, it maintains that the development in contemporary Catholic social teaching that crystallizes in Dignitatis Humanae must be seen in the context of the ongoing effort of Catholic thought to understand the nature and role of the state towards which the idea of the freedom of the Church points. (shrink)

This paper focuses on the revision of the classical thesis concerning secularism the progressive domination of the discussion around the issue of the civil society. These two poles facilitated the development of a series of historiographic approaches that particularly touched on the areas of Eastern and Southeastern Europeís history. Here we are concerned with three central cases of historiographic discourseís production, as indicators of the dominant ìparadigmîís change: the first concerns the role of the Russian church in the (...) pre-Revolutionary period; the second, the issue of secularization and its relations with Islam in the Ottoman Empire; and finally the third, the problem of internal fragmentation of the Orthodox millet with the establishment of Greek autocephalus Church in 1833 and (self-sufficiency) and later the Bulgarian Exarchate. These new approaches were intended to solve various long-standing problems and for the most part resulted in solutions within existing opposites of historiographic schools of thought. (shrink)

At a time when secular liberalism is in crisis and when the civic contribution of religion is being re-assessed, the rich tradition of Christian political theology demands renewed attention. This book, based on the 2001 Bampton Lectures, explores the relationship of the church both to the state and civil institutions. Arguing that theological approaches to the state were often situated within the context of Christendom and are therefore outmoded, the author claims that a more differentiated approach can be developed (...) by attention to the concept of civil society. The book offers a critical assessment of the effect of the First Amendment in the USA and, in a concluding chapter, it defends the case for continuing disestablishment in England and Scotland. (shrink)

I address the long-standing problem of toleration in diverse liberal societies in light of the progress of same-sex marriage and continued vehement opposition to it from a significant portion of the population. I advance a view that contrasts with recent discussions by Teresa Bejan, Mere Civility, and especially Cecile Laborde, Liberalism’s Religion. Laborde emphasizes the importance of state sovereignty in fixing the boundaries of church and state, emphasizing the priority of public authority and constitutional supremacy. I argue that emphasis on (...) priority needs to be complemented by a recognition of the importance of forms of reconciliation that go beyond ‘mere civility’. Reflections on toleration in the liberal and democratic traditions – including in the canonical discussions of Locke, Rousseau, Smith and Tocqueville, and in more recent political science – have recognized that the health of liberal democracy benefits enormously from the educative and morally formative resources furnished by religious c... (shrink)

The relation between Church and state is nowadays at stake. This article concerns the relation between Church and state from an ecclesiastical and canonical point of view. It makes clear, how the ecclesiastical doctrine reacts to social developments in relation to the national state in order to safeguard the independence of the Church. The 19th century ecclesiastical doctrine on the Church as a societas perfecta reacts on doctrines on the national states, which claimed absolute sovereignty and by that subordinated the (...) Church to the civil government and civil law. With societas perfecta doctrine the Church defends its sovereignty in the domain of the spiritual good of men. In this way the Church defines and protects its divine origin and independence from the national state. In the first half of the 20th century the democratic and constitutional national states were developed, which acknowledges religious freedom on a constitutional level as a human and a civil right. Because of this progress the Second Vatican Council could formulate its doctrine on religious freedom based on the traditional ecclesiastical teaching of the freedom of the religious act. By then, the independence of the Church is founded and defended on the freedom of the Church, which is guaranteed in national states, which acknowledge religious freedom as a human and civil right. Although one can say that there is discontinuity in the ecclesiastical teaching on the Church as a societas perfecta and the ecclesiastical doctrine on religious freedom, there exists also continuity, because both ecclesiastical doctrines intend to safeguard the independence of the Church in human society. (shrink)

Locke’s views on religious toleration are a “tremendously important contribution” on this subject, which anticipated the First Amendment to the Constitution and subsequent Supreme Court decisions. Professor Konvitz argues that religious liberty is a prerequisite to all the liberties of the human spirit including freedom of speech, press, and assembly. He further asserts that, historically, revolts against oppressive governments often bring with the struggle for religious liberty. Locke’s basic concepts regarding religious freedom are explained. These include the right (...) of individuals to maintain their personal religious beliefs free from the interference and persecution of either an established ecclesiastical order or the state, the nature of churches as voluntary self-governing organizations, the importance of the separation of church and state, and the importance of religious tolerance for the religious opinions that differ from the norm. For Locke, religious freedom is not absolute. Intolerant sects that call for the dissolution of the state unless it accepts their religious viewpoint, that serve foreign governments, that advocate practices violating the laws of civil society, or that deny the existence of God should not be tolerated. (shrink)

In the Netherlands, the traditional and famous ‘culture of tolerance’ in the past few years surprisingly became associated with the laxity, half-heartedness, even negligence and indifference with regard to serious problems in a multi-ethnic society. For the time being, a polemical use of the term dominates: tolerance as an aspect of our western ‘superiority’ against barbaric fundamentalism. To regain some grip on the – at least in the Netherlands – apparently ‘hollow’, even politically and morally dubious concept of tolerance, (...) the author returns to the genealogical ‘founding forge’ of the term, the civil war fought in the name of religion in sixteenth- and seventeenth-century Europe. He demonstrates that tolerance was a key-category in a tiring, centuries-old process during which a ‘Gordian knot’ – the congruence of political power and religious faith – was being abandoned. The historical case-study of the dissident preacher John Bunyan and the early Quakers in seventeenth-century England shows, that during the Age of religious Discord political, social and religious themes are inseparably intertwined, not only from the point of view of the defenders of the status quo, but also from the standpoint of the religious dissidents and their ‘illegal’ preaching. In the intellectual history one can witness the birth of the early-modern concept of a minimal, political concept of tolerance. In a negative sense, this was a departure from attempts to uphold or restore the unity of ‘true faith’ by political coercion. In a positive sense it implied the sufferance of dissident faith and religious practices by a political power ‘in order to prevent the worse from happening’. In this process, political power became more and more an autonomous institution, above society. This minimal, political concept of tolerance has been surpassed by the state-sanctioned, juridical freedom of religion. This implies the democratic disjunction of truth and justice, that is, the recognition of an equal, reciprocal right of everyone to live and articulate his or her own truth. This legislation must be supported by a civic and social culture in which tolerance as an ethical virtue is being practiced and cherished. The most exacting form of tolerance is an attitude which tries to overcome the democratic disjunction of truth and justice, in the direction of an ‘oikoumene of religions’ or a ‘fusion of horizons’. But this subtle attitude can easily slip into an ‘idolatry of difference’ and a laissez faire-tolerance, as seemed to have happened in the Netherlands. In the final parts of this introductory essay the author presents the four articles in this thematic edition of Bijdragen: studies on Cusanus, Spinoza and Leibniz regarding tolerance, and an essay on the problems of dealing with alterity. The author concludes with the contemporary dilemma of tolerance. Should the future form of tolerance be based on universalism accompanied with the political neutralization and privatization of religion, nation, culture? Or should tolerance in a globalizing world be fed from particular traditions and sources? (shrink)

At the intersection of modern cultural and political history, security studies and debates about freedom of expression and international human-rights law, this article aims to contribute to a better understanding of political cartooning and its implications in multicultural societies of Europe, which have shifted in a geographical, cultural, normative, communicational, political and many other respects through the last two centuries. Through comparison of the Serbian cartoons from late nineteenth-century Croatia and the recent Danish cartoons of the Prophet Mohammad, the (...) article reveals that both modern and postmodern European cartoons have been centred around equally discriminatory narratives: a 'clash of civilizations' and 'racialization of religion'. Since open racial stereotyping in cartoons became illegal in the postmodern international regulations, traditional discriminatory practices of cartooning have shifted towards subtle, 'liquid' racism. This decodes some of the twelve Danish cartoons as ambiguous strategies of racialization of Muslim immigrants in Europe but also as hate speech which is illegal in the European Union, and member states of the Council of Europe. The author concludes that the most current European and international regulations of hate speech, whether concerning offline media or online media, actually protect free speech. While a truly clear-cut regulation of liquid racism might remain problematic in Europe due to the lack of a universally accepted definition of hate speech, neither strict legal regulations nor different definitions of hate speech could diminish the role of political cartooning as a viable free speech platform in the multicultural landscape of Europe. Ultimately, what diminishes its viability is the enduring lack of diversity in the creation of visual satire, which could and should reflect the multicultural reality of communities, politics and societies in Europe. (shrink)

This study combines author's experiences as an analyst of post-Soviet politics and religious liberty with personal participation in the founding and public acceptance of a new faith in independent Ukraine during a quarter- century. Theattempt here is not only to describe a specific outcome, but to propose factors that offer explanation for why Ukraine is among the few Communist successor states in which new minority faiths have been relatively successful in achieving full toleration [Biddulph: 2016]. Religious liberty has been described (...) as the “first freedom of all freedoms” [Hertzke: 2013, 4], yet it has been noticeably unachieved globally. A 2007 Pew “Global Attitudes Survey” showed that 90% of respondents world-wide said that it was important to live in a country that enabled them to practice religion freely. Yet a more recent Pew “Forum on Global Restrictions on Religion” found that 70% of the world population reside in countries which have high or very high restrictions on religion either from government actions or from major social hostilities [Grim: 2013, 86]. Religious liberty, therefore, is an almost universal human aspiration, but is one of the more unachieved rights in the world. The Soviet Union successor states have a similar record of lower achievement [Lunkin: 2013; Grim: 2013]. (shrink)

While refraining from merely reinscribing liberal hagiographies of Locke, this essay questions recent accounts of Locke as facilitator of an insidious subordination of church to state in the early modern period. Locke's defense of toleration and the claims of conscience represent the recovery of key aspects of Christian charity, not the subordination of church to state, and his conception of church membership as voluntary serves as a salutary reminder that loyalty cannot ultimately be coerced, but resides in a bond of (...) trust. While Locke's account of the church is inadequate and his attempt to separate civil and religious realms flounders, these flaws rested in part on problematic assumptions about the fundamentally otherworldly orientation of Christianity and thus the purely instrumental character of the church. These are assumptions shared with earlier Christian thinkers and hardly distinctively modern or liberal. (shrink)

This study combines author's experiences as an analyst of post-Soviet politics and religious liberty with personal participation in the founding and public acceptance of a new faith in independent Ukraine during a quarter- century. Theattempt here is not only to describe a specific outcome, but to propose factors that offer explanation for why Ukraine is among the few Communist successor states in which new minority faiths have been relatively successful in achieving full toleration [Biddulph: 2016]. Religious liberty has been described (...) as the “first freedom of all freedoms” [Hertzke: 2013, 4], yet it has been noticeably unachieved globally. A 2007 Pew “Global Attitudes Survey” showed that 90% of respondents world-wide said that it was important to live in a country that enabled them to practice religion freely. Yet a more recent Pew “Forum on Global Restrictions on Religion” found that 70% of the world population reside in countries which have high or very high restrictions on religion either from government actions or from major social hostilities [Grim: 2013, 86]. Religious liberty, therefore, is an almost universal human aspiration, but is one of the more unachieved rights in the world. The Soviet Union successor states have a similar record of lower achievement [Lunkin: 2013; Grim: 2013]. (shrink)

Given the rise of religious movements during the past decade, some have argued that the basic principles of liberal democracy such as separation of church and state and principle of the public use of reason are too restrictive and ought to be rethought. I would like to argue along a Habermasian line that the principle of secular justification ought not to result in a private/public split in religious citizens’ identity if they recognize and adopt an “institutional translation proviso”. This proviso (...) requires an epistemic ability on the part of religious citizens that enables them to translate their religious beliefs and insight into secular reasons when they pass beyond the informal public sphere into governmental institutions like courts and parliaments. Citizens can express and defend their claims in the public sphere in religious terms if they cannot find secular translation for them. However, this proposal requires a complementary change in the mentality of the secular citizens that recognizes the continued existence of religious communities in diverse liberal democracies. (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)

In lieu of an abstract, here is a brief excerpt of the content:RELIGIOUS FREEDOM: HOMOGENEOUS OR HETEROGENEOUS DEVELOPMENT? BRIAN T. MULLADY, 0.P. Holy Apostles College and Seminary Cromwell, Connecticut 0 NE OF THE most difficult questions to confront those who hold for a natural-law conception of Catholic moral teaching which does not change with the development of the times is the area of the freedom of religion in the political order. The traditional teaching on this subject is expressed (...) in many places. The most difficult locus for anyone who wants to defend the traditional opinion is found in The Syllabus of Errors of Pius IX. In this document, the following canons are explicitly enumerated : 77. In this age of ours it is no longer expedient that the Catholic religion should be the only religion of the state, to the exclusion of all other cults whatsoever. 78. Hence in certain regions of Catholic name, it has been laudably sanctioned by law that men immigrating there be allowed to have public exercises of any form of worship of their own. 79. For it is false that the civil liberty of every cult, and likewise, the full power granted to all of manifesting openly and publicly any kind of opinions and ideas, more easily leads to the corruption of the morals and minds of the people, and to the spread of the evil of indifferentism.1 1 " 77. Aestate hac nostra non amplius expedit, religionem catholicam haberi tamquam unicam status religionem, ceteris quibuscumque cultibus exclusus. 78. Hine laudabiliter in quibusdam catholici nominis regionibus lege cautum est, ut hominibus illuc immigrantibus liceat publicum proprii cuiusque cultus exercitium habere. 79. Enimvero falsum est, civilem cuiusque cultus libertatem, itemque plenam potestatem omnibus attributam quaslibet opiniones cogitationesque palam publiceque manifestandi conducere ad populorum mores animosque facilius corrumpendos ac indifferentismi pestem propagandam." Denizinger -Schonmetzer, Enchiridion Symbolorum, n. 1777-1779 (2977-2979), hereafter refered to as DS. 93 94 BRIAN T. MULLADY, O.P. In this text, freedom of religion is clearly condemned. Yet one finds about one hundred years later the issue of religious freedom discussed by Vatican II. Here the conclusion reached seems quite different. The Vatican Council declares that the human person has a right to religious freedom. Freedom of this kind means that all men should be immune from coercion on the part of individuals, social groups and every human power so that, within due limits, nobody is forced to act against his convictions in religious matters in private or in public, alone or in associations with others. The Council further declares that the right to religious freedom is based on the very dignity of the human person as known through the revealed word of God and by reason itself. This right of the human person to religious freedom must be given such recognition in the constitutional order of society as will make it a civil right.2 These two documents seem to represent a significant change in the teaching of the church. Beyond the obvious change in attitude towards religious freedom, many moral theologians also see another change : the very language of the decree signals a departure from the traditional basis of the law of nature by a reference to the dignity of the human person. One example will suffice: It may also be a growing dissatisfaction with the traditional concept of ' nature ' which has contributed in recent years to the focus of moral attention moving from ' human nature ' to ' human person ' 2 " Haec Vaticana Synodus declarat personam humanam ius habere ad libertatem religiosam. Huiusmodi libertas in eo consistit, quod omnes homines debent immunes esse a coercitione ex parte sive singulorum sive coetuum socialium et cuiusvis potestatis humanae, et ita quidem ut in re religiosa neque aliquis cogatur ad agendum contra suam conscientiam neque impediatur, quominus iuxta suam conscientiam agat privatim et publice, vel solus vel aliis consociatus, intra debitos limites. Insuper declarat ius ad libertatem religiosam esse revera fundatum in ipsa dignitate personae humanae, qualis et verbo Dei revelato et ipsa ratione congnoscitur. Hoc ius personae humanae ad libertatem religiosam in iuridica societatis ordinatione ita est agnoscendum, ut ius civile evadat." Vatican II, Declaratio de Libertate Religiosa: Dignitatis Humanae, n. 2. Translations are taken from Vatican Council II, The Conciliar and Post Conciliar... (shrink)

Trafficking in persons is a multi-sided phenomenon accompanying the current migration flows, therefore, the actions that must be undertaken in order to prevent, combat the phenomenon as well as to assist the victims of trafficking require a large partnership between all the actors involved: international organisations, governmental institutions and representatives of civil society. The special psychological, ethical issues raised especially by trafficking prevention and assistance to victims make the church and various religious organisations play a very important role (...) in the corresponding networks at both international and national level. Even if the integration of the church in the networks fighting against trafficking in persons has been quite largely addressed worldwide, there are but few studies undertaken in Romania in this area. Our paper opens the room for dialogue among the researchers interested in this topic from an interdisciplinary perspective to discuss the possibilities to establish sustainable partnerships between the state and the church against rafficking in persons. With this aim in view, we have first carried out a quantitative analysis of the scope and dynamics of trafficking in persons in Romania focusing on the victims’ profile by exploitation type. The main socio-demographic characteristics (gender, age, schooling, area of origin) have been considered in order to identify the vulnerability factors related to the risk involved by trafficking, both at national and regional level. We have also examined the responses in legislative and institutional terms, with a special emphasis on the collaboration between the state and the church in preventing and combating trafficking in persons. Of special relevance are the conclusions resulted from the field research undertaken in the area covered by the Diocese of Maramures and Satu Mare. (shrink)

The use of specific language in the democratic Polish Constitution enacted on 2 April 1997 has created the essential differences in the status of religions and Churches in Poland to this in some other countries. It accepts the modern principles and values (tolerance, freedom, mutual independence of state and churches) but precludes the atheistic, hostile or indifferent to religions interpretations and implementations of these values and principles.

The article offers a concise view on the problems related to the Church and State relationship in Latvia. The article presents the author’s hypothesis that under the new circumstances when special legal provisions apply to traditional churches, it must discussed whether the rest of religious organizations could be classified as religious societies, operating in accordance with the Law on Societies and foundations. The author also holds an opinion that it is important for every country to follow the principle of separation (...) of church from state; however, it must be combined with religious freedom. Nevertheless, the article reveals that the task is difficult to follow in practice, in Latvia and in other EU member states alike. (shrink)

'Man being born...to perfect freedom...hath by nature a power...to preserve his property, that is, his life, liberty and estate.'Locke's Second Treatise of Government is one of the great classics of political philosophy, widely regarded as the foundational text of modern liberalism. In it Locke insists on majority rule, and regards no government as legitimate unless it has the consent of the people. He sets aside people's ethnicities, religions, and cultures and envisages political societies which command our assent because they (...) meet our elemental needs simply as humans. His work helped to entrench ideas of a social contract, human rights, and protection of property as the guiding principles for just actions and just societies.Published in the same year, A Letter Concerning Toleration aimed to end Christianity's wars of religion and called for the separation of church and state so that everyone could enjoy freedom of conscience. In this edition of these two major works, Mark Goldie considers the contested nature of Locke's reputation, which is often appropriated by opposing political and religious ideologies. (shrink)

The author discusses several models of the relation of church and state with respect to their advantages and shortfalls to freedom of religion and equality of religions. The first model is the separation of church and state at a great distance, the second the model of equal religions and the third the rapprochement model of civil religion and constitutional ethics. None of these possible models is fully satisfying. Precisely because the minimum pre-requisites for legitimacy and liberality are preserved, (...) or should be preserved, in all three models, the advocates of all of these church-state models should learn to cherish their respective assets in order to ‘bear’ the accompanying losses. (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)

This paper explores the shift in the position of the Catholic Church regarding religious freedom, in the context of the changing perspective on the relationship between Church and State. The Declaration Dignitatis humanae of Vatican II recognised religious freedom as a human right deriving from the dignity of the person. It reflected a significant change in perspective as it understood religious freedom as abidance by convictions held in conscience and as freedom from coercion. Both the State (...) and the Church are expected to ensure freedom from external coercion and from psychological pressure. The process which led to the recognition of religious freedom in the Catholic Church went along with the acknowledgement of the autonomy of the State in secular matters. The State is expected to recognise the freedom to profess freely religious beliefs and the right to free worship, but religious freedom may not interfere with secular authority in its own sphere of competence. Dignitatis humanae is therefore known as the declaration of the separation between Church and State. Yet, a more attentive lecture shows that it actually also advances a balanced model for the collaboration between State and Church in the shared concern for the common good. Both are required to act in a manner that advances the common welfare of society. (shrink)

T. Zinkevich. "The ideas of civil religion in the works of Mykola Kostomarov." The author based on the fact that a civil religion - it is a social and cultural phenomenon in which the light of a kind of religious language and the specific practices of the necessity of finding and approval of the national state, which has its roots in the community needs to find the sacred in the work, which is inherent in the transcendent, eternally linear (...) in nature and which is rooted in the history of the territory. According to N. Kostomarov, the main provisions of national faith as follows: God is one, He is the creator of all things, the seat of comfort and happiness, belief in which is the key statements in the freedom society, equality, and fraternity; social ideals of Ukrainians, which is the expression of Christian Cossack republic and the social doctrine of the early, truthful Christianity coincide; Ukraine, in contrast to other ethnic groups, is a carrier and protector of the true social and Christian values, which makes it possible immortality Ukrainians, his primacy in the social liberation and unification of the Slavic community, in which Ukraine will take place eludes Rzeczpospolita. (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)

The article of N. Kulish "Improvement of legal normalization of church-state relations in Ukraine - an important condition of the implementation of freedom of conscience and religion by believers" analyzes the impact of legal normalization of issues of the religious education on modern believer.

Translated by Drew S. Burk and Anthony Paul Smith. Excerpted from Struggle and Utopia at the End Times of Philosophy , (Minneapolis: Univocal Publishing, 2012). THE END TIMES OF PHILOSOPHY The phrase “end times of philosophy” is not a new version of the “end of philosophy” or the “end of history,” themes which have become quite vulgar and nourish all hopes of revenge and powerlessness. Moreover, philosophy itself does not stop proclaiming its own death, admitting itself to be half dead (...) and doing nothing but providing ammunition for its adversaries. With our sights set on clearing up this nuance, we differentiate philosophy as an institutional entity, and the philosophizability of the World and History, of “thought-world,” which universalizes the narrow concept of philosophy and that of “capital.” We also give an eschatological and apocalyptical cause to this end, of “times” or “ages” rather than those of philosophical practice. Last but not least, it is the Future itself in the performativity of its ultimatum that determines this end times, reversing these times from the Identity the Future accorded to it, withdrawing the thought-world from the lie of its death. Why this style of axioms and oracles, these more or less subtle distinctions, old and debased, with an appeal to the ultimata , to end times and last words? We fight to give, parallel to the concept of Hell, its new theoretical position, for its philosophical return and its non-philosophical transformation. No more so than any other word, Hell is not a metaphor here, just the Principle of Sufficient World. Every man, no doubt, has his “hell” readily available, connivance, control, conformism, domestication, schooling, alienation, extermination, exploitation, oppression, anxiety, etc. We have our little list that the Contemporaries established in the previous century in the same way one used to construct lists of virtues and vices or honors and wealth. They invented it for us without knowing it, for us-the-Futures who have as our responsibility to invent its use. In the Christian and Gnostic tradition, the struggle of the End Times takes place “on earth.” The most sophisticated of believers have it taking place in Heaven as well, above all in Heaven. The various kinds of gnosis imagine infinite falls and vertiginous highs, the vertigo of salvation. On Earth as in Heaven, a hell is available. The Marxists have the law of profit and the control of production, the class struggle Capital imposes on man. The Nietzscheans, the dull grumble of the struggle in the foundations of World and History, the domestication of man, the society of control. The phenomenologists, the capture of being, the most superficial amongst them, the age of suspicion. But all of these “hells” are taken from World, History, Society, and Religion. What we call Hell is no longer of the order of these specific and total intra-worldly generalities, it is both more singular and more universal, no longer being at all of the same order, it is the determinant Identity of these small hells strung out through history but unified here in the name of the last Humaneity. It is even found within the French idiom for hell [ enfer ], en-fer literally means “in-irons.” We are as much “in-irons” as we are “alive” [ en-Vie ]. We believe in Hell but as non-philosophers and it is even because we are non-philosophers that we can believe in it outside of any sort of religion. Hell is less mythological than ideological, it combines philosophizability with universal capital. Under what form? A single term could work for them without being a metaphor or something they would participate in by analogy, a more innovative and conjectural term than control, more universal than profit. It would denote the growing and permanent extortion of a surplus-value of communication, of speed and of urgency in change, in productivity and in work, in the pressure of images and slogans. It would be worse than solicitation, more tenacious than capture, more active and persecutory than control, softer and more insidious than a frontal attack, just as perverse as questioning and accusation, less brutal and offensive than extermination, less ritualized than inquisition, it would be soft and dispersed, instantaneous and vicious, it would be a crime without declared violence. Collusion and conformism, it would be afraid to show itself. Related to rumor, from which it borrows its infinite and tortuous ways. It is harassment. As a modernized form of Hell, perhaps harassment has a long future in front of it, of innocent torture, slow assassination, in short the fall, but radical with no way of recovering and which tolerates only salvation. THE PHILOSOPHICAL PAST OF NON-PHILOSOPHY Non-philosophy is thus Man as the utopian identity of the philosophical form of the World, a utopia destined to transform it. We still have to understand these equations, in particular that of the being-uni-versed from Man, and this book adheres to this by re-exposing non-philosophy in a different way via one of its new possibilities. It uses this opportunity to once again take up formulations that lead to objections answering certain external critics, as well as revisiting diverging interpretations specific to non-philosophers. A portion of this book is devoted to going through these theories via a strict or “lengthy” presentation of non-philosophy, and its defense against more expeditious solutions. This work of rectification is the occasion, merely the occasion, for refocusing non-philosophy on Man (the “Man-in-person,” “Humaneity”), and in a more innovative manner, on its utopian vocation established since the book Future Christ . As for this “occasion,” it is quite obvious. A school of posture, not to say a school of thought, supposes a minimum of closure from the most liberating of knowledge, a heritage, its utilization, and its no less certain dispersal. Within its development, a variety of interpretations will no doubt appear, deviations that are as much normalizations, and a struggle against this multiplication of divergent tendencies. These are perhaps not inevitable evils, especially here, merely a normal development according to the twisting paths of history. But the problem is made worse by the fact that this school of non-philosophers is that of utopia. Not the former attempts devoted to commenting on the worst authoritarian and criminal forms of the past and the present, but utopia as the determinant principle for human life, or to put it another way, of the Future as an irreducible presupposition of (for) thinking the World and History. Non-philosophers are engaged in an aleatory navigation between the respect for the most rigorous utopia, whose rules are not that of the reproductive imagination but those from the Future determining imagination itself, as well as the temptations, diversions, and remorse of history. Little by little, we will begin to understand that the Future as we understand it no longer has any temporal consistency or positive content, without being an empty form or a nothingness, but that it is foreclosed to past and present History, just as it is foreclosed to the place of places, the World, and that it is the only method for establishing the practice of thinking in a non-imaginary instance. Because it is the World and History that are imaginary and have a terrible materiality, it is not necessarily utopia. We will overlap two objectives here: the defense of non-philosophy against the (non-) philosophers that we are, only occasionally, and the introduction of philosophy to a rigorous future. Together they set out to definitively render, without any possible return to philosophical conformism or towards the facilities of the past and present, the non-philosophical enterprise understood as utopia or uchronia. Imagination and speculation, left to themselves and thus undistinguished, are quite good for participating in the grand game of History but have little value or worse for the Future which is unimaginable and unintelligible and must be maintained as such. MAN-IN-PERSON AS SUSPENSION OF THE PHILOSOPHICAL CHORA The point where philosophical resistance is concentrated is without a doubt the invention of the Name-of-Man, first name, oracular as much as axiomatic, of the determining cause for the non-philosophical posture. And that which concentrates the differends is the style of non-philosophy as identity that possesses the dual aspect, of discipline and of the oeuvre, of the theorem and of the oracle. But the real difficulty in understanding the simplicity of non-philosophy is profoundly hidden in the depths of philosophy itself. Because philosophy, from Parmenides to Derrida, even Levinas, continues to be a divided gesture, without a veritable immanence, transforming its thematic contents of transcendence in also forgetting to transform the operative transcendence in the element from which the ontology of surface is established which we will call, in memory of Plato, the chorismos. The general effect of the chora literally gives place to philosophy, demanding binding and sutures to which we will once and for all “oppose” the Man-in-person, his power of cloning, and his future being. All philosophy contains a hinter-philosophy in which it deploys its operations and weaves its tradition like an understudy of a topographical nature and in the best of cases being itself topological. Philosophy as well consists of two levels, its pre-ontological operative conditions on the one hand, and its superficial theme on the other, it too has its presupposed, but is not aware of it or erases it within the unity of appearance named Logos. Rightly, the Logos, and its flash or lightning nature, possesses a “dark precursor,” the chora, which is as much a virtual image, and philosophy, dazzled by its own lightning flash, seems to completely forget about it at the same time it sets itself up within it. Non-philosophy risks taking this same path, of confusing what it believes to be the real with its phantom double, contenting itself to working on the thematic level of philosophy, not its surface objects and its idle chatter (we stopped talking about this a long time ago and in any case they are merely simple materials for inducing a work of transformation), but the transcendence-form of its objects. In the end it risks, through precipitation, taking back up the heritage of philosophy, a heritage of a misunderstood presupposed, even more profound than the play of transcendences. This is what the imperative of the radicality of immanence meant, to treat immanence in an immanent manner, not to make a new object out of it. And from here we get non- (philosophy) and its refusal of the Platonic chorismos , symbol of all abstraction, and thus all transcendental appearance. There are no illusions. The message will leave a heritage in tattered pieces and interpretations. But it was difficult not to dispute the differend to its core. There will be complete confusion of the multiple, possible, and necessary effectuations of non-philosophy with its interpretations. The non-philosophical or human freedom of philosophical effectuation and the philosophical freedom of interpretation. Effectuations demand non-philosophy to return to zero from the point of view of its philosophical material and thus also but within these limits the formulation of its axioms , but in no way providing from the outset divergent interpretations of the aforementioned axioms. They are divergent because they do not take into account the material from which these axioms are derived within non-philosophy, and because they do not see themselves as symptoms of another vision of the World. The utterances of non-philosophy are not mathematical theorems and pure axioms, they merely have a mathematical aspect . They are, by their extraction or origin, mathematical and transcendental. And by their determined function in-Real, within non-philosophy, they are identically in-the-last-Humaneity entities which have an aspect of an axiom and an aspect of interpretation (or an oracular aspect as we say) that attempts (sometimes it is ourselves who provide the occasion) to isolate and transform, in complete freedom of interpretation. There will be an opportunity to complain about the complex character of the language of non-philosophy, an idiom saturated with classical references, sophisticated in a contemporary way. Its freedom of decision up against the whole of philosophy demands these effects of “complication” and “privatization,” as the saying goes. But it also demands fighting against the drift [ dérive ] of the pedagogical-all and the mediatic-all that leads philosophy into the shallow depths of opinion, which is the site of its impossible death. The noble idealism of “pop-philosophy” has been consumed into a “philo-reality;” against this we propose philo-fiction. Parricide, which is at the bottom of these interpretations and which we can judge as being quite fertile, although it has informed tradition, only takes place once or within one lone meaning. In regards to Parmenides, it was possible; Plato introduced the Other as non-being and language, bringing into existence the philosophical system of the World, but is it possible to repeat it again with the same fecundity in regards to non-philosophy, this time in introducing (non) religion or (non) art, still mixing them without taking into account this mixture, alternatively as a philosophical or religious resentment? If philosophy begins via a crime, it is no doubt obliged to continue down similar pathways, to the effect that the crimes of philosophy, once the founding crime has been committed, are a reaction of self-defense. It is undoubtedly from this that we get Marx’s declaration that history begins by tragedy and repeats itself or ends in farce. The preservation of rigor and fecundity is, in every respect, a psychologically difficult task within a theory such as non-philosophy. Having posited an essential objective of liberation in regards to philosophy and its services, one has often understood this objective as an authorization of providing particular interpretations of its axioms and ends up obliterating their scope. This ends up confusing, on one hand, two kinds of freedoms in regards to non-philosophy, the freedom of its interpretations and the freedom of its effectuations. On the other hand, any defense of “principles” against precipitated interpretations is immediately taxed with a will to orthodoxy, a prohibitive objection when we are dealing with, as is the case here, a heretical theory of thought. Nevertheless, it is time to stop confusing heresy as the cause of thought with an ideology of heresies, which is certainly not at all our object, but rather a form of normalization. As for the “disciplinary” aspect, which is not the only aspect, it demands something other than philosophical “answers to objections,” a precision in the definition and use of its procedures in the formation of utterances, since non-philosophy is neither a supplementary doctrine interior to philosophy nor a vision of the world but one whose priority is a “vision of Man,” or rather Man as “vision” that implies a theory and a practice of philosophy. In the end, struggle is only one aspect of non-philosophy, not its whole or telos, struggle coming only from its materiality. In particular, if the discipline of non-philosophy is inseparable from struggle, it is not a question of reducing the monomaniacal obsession of its “marching orders.” This would reduce its complexity and kill its indivisibility, deploying it in a “long march” and a form of Maoization whose philosophical presuppositions no longer have any pertinence here, a case of the One and the Two, which are now cloned and no longer tied together. More generally, non-philosophy is a complex thought composed of a multitude of aspects, which is to say, unilateral interpretations, of a philosophical origin but reduced by their determination in-the-last-instance . The “liberalism” of non-philosophy is merely one of the aspects of which it is capable, not an essence. Similarly, it is only capable of having a “Maoist” aspect. Let us generalize. The weakness of non-philosophy is due to a specific cause, the determination-in-the-last-Humaneity of a subject for the World. Everything that has a right to the philosophical city can be said about it in turn and in a retaliatory mode since Man contributes nothing of himself that Man takes from the World. We can consider non-philosophy as being pretentious, absurd, idealistic, empty, materialistic, formalistic, contradictory, modern, post-modern, Zen, Buddhist, Marxist; it endures or tolerates, perhaps “appeals” to, or at least renders possible, sarcasms, ironies, and insults without even talking about the misunderstandings, partly for the same reason as psychoanalysis. All of this goes beyond simple “deviations.” They are its aspects, which is to say, its “unilateral” philosophical interpretations in both senses of the word, being either sufficient coming from the mouth of philosophers, or reduced to their absolute dimension of sufficiency and totality in the mouths of non-philosophers, and both times due to the weakness and strength of Man-in-person as their determination only in-the-last-instance. The non-philosopher is certainly not a Saint Paul fantasizing about a new Church. The non-philosopher is either a (Saint) Sebastian whose flesh is pierced with as many arrows as there are Churches, or a Christ persecuted by a Saint Paul. What is engaged in here is the practice of retaliation. A negative rule of the non-philosophical ethics of outlawed discussion by way of argumentation (the sufficient is you, the orthodox one is always you, you are the fashionable one, and when a master you are someone else) that is founded on the confusion of effectuations of non-philosophy and of its overall interpretations. Retaliation is the law but as with any too-human law, it must acquire a dimension that displaces it, or rather emplaces it and takes away its authority but not all of its effectiveness. If the non-philosopher is only authorized by himself, which is to say by philosophy but limited by the Real-of-the-last-instance, its critique of other non-philosophers can merely be retaliatory under the same conditions, only by the Real limited in-the last-instance. THE TREE OF PHILOSOPHICAL SAINTLINESS The thematic horizon or material of these debates is in the relationships between philosophy, religion as gnosis, and non-philosophy. It is inevitable, regarding non-philosophers in general (whether they are non-philosophers by name or simply its neighbors) that we often end up evoking Marx’s Holy Family and imagining, arranged on the neighboring branches of the tree of philosophy and annexed, sometimes abusively, to non-philosophy, authors who would quite evidently and quite rightly refuse this label. So it is that we find, for example, a Saint Michel, a Saint Alain, a Saint Gilles 1 without even mentioning the youngest who aspire as well to the freedom of “saintliness” and who make their muted voices heard here. If there is a Holy Family of non-philosophers, it extends completely beyond these three, provided that the sectarian spirit can save us. This book is organized in the following manner: To begin, in order to recall the essential part of the problematic, we have organized a Summary of Non-Philosophy , a vade-mecum of notions and basic problems, in a classical style. Secondly, there is Clarifications On the Three Axioms of Non-Philosophy , designed to posit their proper use as much as to elucidate their meaning. Thirdly, an analysis of Philosophizability and Practicity , both being extreme constituents of philosophical material or the contents of the third axiom. Fourthly, the heart of this work: Let us Make a Tabula Rasa of the Future or of Utopia as Method . Fifthly, we have a theoretical outline of a non-institutional utopia, The International Organization of Non-Philosophy, L’Organisation Non-Philosophique Internationale, (ONPHI) already created in practice but under the conditions of possibility and functioning from which here we put into question “de jure,” thus not without a perplexity concerning “facts,” in any case, without the capability of “getting to the bottom of things.” Sixthly, an essay characterizing The Right and the Left of Non-Philosophy , a brief topology of several philosophizing and normalizing positions of proponents or tenants of this problematic. Seventhly, Rebel in the Soul: A Theory of Future Struggle , a systematic discussion starting from a confrontation of non-philosophical gnosis and non-religious gnosis to the extent that they pose, posed or perhaps still will pose themselves as rivals to non-philosophy in a mixture of fidelity and infidelity. Despite the fact that it can also be read as putting non-philosophy into perspective: it pits against a standard Platonism two contemporary appropriations of Gnosticism. On the basis of the paradigm of Man who never ceases to come as the Future-in-person, each one of these moments strives to reestablish not the “true” non-philosophy and its orthodoxy, but the minimal conditions to respect in order to allow for its maximum fecundity. And in order to bring about one of the last possibilities of its development, making explicit Humaneity as a utopia-for-the-World. In introducing these considerations in the form of a “testament” and “ultimatum,” we want to indicate two things: First, that this is the last time we will intervene in order to caution non-philosophers against the temptation of returning and looking backwards towards philosophy. Only a disillusioned nostalgia for the former World and its traditions barely remain permissible to us.… Secondly, that non-philosophy is also a sort of ultimatum for considering one’s life and transforming one’s thought from the perspective of a uni-version rather than a conversion. Man as future is this ultimatum in action, not an impatient self-proclaimed genius, and philosophy is his testament. It is obviously the ultimatum that determines this testament as “old” with a view towards a life that is, itself, non-testamentary. In and of itself, the “old” can never bear a veritable eschaton. Thus, this book intersects according to the logic of this paradigm, under the sign of the ultimate or “last” as future, philosophy as testament and cautionary note for maintaining the non-philosophical oeuvre as “future” or “utopian.” We will see that between these two dimensions it cradles a theory of struggle. In the end, this book envisions non-philosophers in multiple ways. It inevitably sees them as subjects of knowledge, most often academics insofar as life in the world demands, but above all as close relatives of three great human types. The analyst and political militant are quite obvious, for non-philosophy is close to psychoanalysis and Marxism insofar as it transforms the subject in transforming philosophy. Here again, one must have a sense not of certain nuances but of aspects (of the interpretations, albeit unilateralized) and not in order to construct a simple proletarization or militarization of thought as theory. To be rigorous, rather than authoritarian or spiteful, is its task. And lastly, non-philosophy is a close relative of the spiritual but definitely not the spiritualist. Those who are spiritual are not at all spiritualists, for the spiritual oscillate between fury and tranquil rage, they are great destroyers of the forces of Philosophy and the State, which are united under the name of Conformism. They haunt the margins of philosophy, gnosis, mysticism, science fiction and even religions. Spiritual types are not only abstract mystics and quietists; they are heretics for the World. The task is to bring their heresy to the capacity of utopia, and their utopia to the capacity of the paradigm. NOTES We will recognize allusions, and sometimes references, to closely related or distant themes, but which are related, in the work of Michel Henry, Alain Badiou and via the representative of “non-religious” gnosis of a Platonic origin, in Gilles Grelet. It goes without saying that these discussions are current and local, neither concerning the ensemble of doctrines nor prejudging the eventual evolution of certain amongst them. This concerns defining certain proximities with non-philosophy (rather than adversaries which in some sense they are) and typological and emblematic differends (rather than conflicts with a certain author). (shrink)

This paper is a critical and comparative legal historical study, which offers a global vision of the U.S. Legal System, according to the religious factor impact and its complex dimensions (e.g. religious liberty, Church-State relations, welfare state & solidarity). The principal goal is the deconstruction of the fake official History, elaborated after the Second World War (e.g. inferences, impostures, fallacies). At the same time, it shows the social development (and the kind of commitment in each period), and how it happens (...) the consolidation of the system thanks to the regulation. In this way, it is possible to pay attention to the American experimental evolution (not lineal or exceptional –as many U.S.hand-books pretend): from colonial Blue Laws (or Sunday regulation), up to the current regulation on freedom of religion and non-discrimination. Also, this paper offers a systematic set of diverse legal sources (e.g. Executive orders & rules, Legislative statutes, Judicial cases & resolutions). Another goal of this paper is the evaluation of the allegedly paradoxical policies and regulations in this field, during the last two Administrations (Clinton and W. Bush); both of them, from extreme views (linked at the end), they used incorrectly the religious factor, and they confused the institutions. The result seems to be a landed in the Postmodernity (less realistic and more speech based). (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 25.2 (2001) 353-356 [Access article in PDF] Book Review The Metaphysical Club The Metaphysical Club, by Louis Menand; xii & 546 pp. New York: Farrar, Straus and Giroux, 2001, $27.00. "They didn't just want to keep the conversation going; they wanted to get to a better place" (p. 440). So much for the most prominent contemporary pragmatist, Richard Rorty, who remains unmentioned except in the acknowledgments. (...) That better place is participatory democracy (a phrase that does not appear in the book), which "means that everyone is equally in the game, but it also means that no one can opt out" (p. 441). The true name of the game is skeptical tolerance. There are no unquestionable duties or inalienable rights, no immutable natural laws, no absolute moral rules, no highest principles, no inherent virtues, no absolute standards, no stasis, no absolutely certain truth. There are no individual destinies, because the social comes before the individual, and the individual is embedded within and cannot exist without society. Scientific knowledge is always probabilistic, not necessarily because nature is indeterministic, but because we can never know enough to calculate its regularities if they exist. To wit, there are no Platonic Ideas or unchanging universals. All is change, nothing that happens is ever repeated, our general ideas and laws of nature are merely tools for getting along in the world. Above all, ideas do not refer to things, only to other ideas. What expedites our thinking is true. What expedites our acting is right. Whenever we act according to principle, rule, or law, we are making a bet that events will turn out the way [End Page 353] we think they will. If we keep this always in mind, we will never succumb to violence or war in the name of belief or principle. Whatever we believe, it could be otherwise. Such is a general summary of pragmatism as it has filtered down to the textbooks. It is (again befittingly) more or less accurate. The can-do American seeks out cash value in practical life.Oliver Wendell Holmes, Jr., William James, Charles Saunders Pierce, and John Dewey crafted the only indigenous philosophy that has so far been produced in America. Its roots are in Laplacean probability theory, Darwinian evolutionism, and Chauncey Wright's indeterminism. While James hoped to save a place for religion (if it works, go with it) and Pierce a place for God (he thought there had to be a designing intelligence to account for order), the pragmatic result is profoundly skeptical and secular. Neither Holmes nor Dewey thought that individuals imbedded in societies had any need of absolutes. Holmes said that people first decide on the basis of experience, then they deduce. Dewey said that people first behave commonsensically, then they rationalize.There is nothing as condensed as the above in Louis Menand's beautiful book on the ideas, personalities, and influence of Holmes, James, Pierce, and Dewey. I know of no clearer exposition of their ideas, and few biographers have made them come so alive. In particular, Menand's coverage of peripheral (but by no means insignificant) figures is very rich. He describes the development of graduate universities in America in detail from their autocratic beginnings to the institution of academic freedom as we know it today. University presidents, trustees, and administrators are presented luxuriously as the villains, and the professors gloriously as the heroes. Menand remarks with slight amazement that society bought the concept that professors were beholden to the public at large and not to the state or private university owners. He could have commented further on the fact that the concept of academic freedom has become virtually irrelevant in today's corporate research universities."It is a remarkable fact about the United States," Menand begins his book, "that it fought a civil war without undergoing a change in its form of government" (p. ix). This is a breathtaking fact, and I don't suppose Menand had any intent to explain it. "The Civil War swept away the slave civilization of the South, but it swept away almost the whole intellectual... (shrink)

"Margaret L. King has put together a highly representative selection of readings from most of the more significant—but by no means the most obvious—texts by the authors who made up the movement we have come to call the 'Enlightenment.' They range across much of Europe and the Americas, and from the early seventeenth century until the end of the eighteenth. In the originality of the choice of texts, in its range and depth, this collection offers both wide coverage and striking (...) insights into the intellectual transformation which has done more than any other to shape the world in which we live today. It is _simply the best introduction to the subject now available_."_ —Anthony Pagden, UCLA, and author of _The Enlightenment and Why It Still Matters_ Contents:_ Chronology, Introduction _Chapter One - Casting Out Idols: 1620–1697_ _Idols, or false notions: _Francis Bacon, _The New Instrument_ _I think, therefore I am: _René Descartes, Discourse on Method _God, or Nature: _Baruch Spinoza, _Ethics_ _The system of the world: _Isaac Newton, _Mathematical Principles of Natural Philosophy_ _He searched for truth throughout his life: _Pierre Bayle, _Historical and Critical Dictionary_ _Chapter Two - _The Learned Maid: 1638–1740 _A face raised toward heaven:_ Anna Maria van Schurman, _Whether the Study of Letters Befits a Christian Woman_ _The worlds I have made:_ Margaret Cavendish, _The Blazing World_ _A finer sort of cattle:_ Bathsua Makin, _An Essay to Revive the Ancient Education of Gentlewomen_ _I warn you of the world:_ Madame de Maintenon, _Letter: On the Education of the Demoiselles of Saint-Cyr_, and _Instruction: On the World_ _The daybreak of your reason:_ Émilie Du Châtelet, _Fundamentals of Physics_ _Chapter Three - _A State of Perfect Freedom: 1689–1695 _The chief criterion of the True Church:_ John Locke, _Letter on Toleration_ _Freedom from any superior power on earth:_ John Locke, _Second Treatise on Civil Government_ _A white paper, with nothing written on it:_ John Locke, _Essay Concerning Human Understanding_ _Let your rules be as few as possible:_ John Locke, _Some Thoughts Concerning Education_ _From death, Jesus Christ restores all to life:_ John Locke, _The Reasonableness of Christianity, as Delivered in the Scriptures_ _Chapter Four - All Things Made New: 1725–1784_ _In the wilderness, they are reborn:_ Giambattista Vico, _The New Science_ _Without these Names, nothing can be known,_ Carl Linnaeus, _System of Nature_ _All the clouds at last are lifted:_ Anne Robert Jacques Turgot, _The Successive Advancement of the Human Mind_ _A genealogical or encyclopedic tree of knowledge:_ Jean le Rond d’Alembert, _Preliminary Discourse_ _Dare to know! :_ Immanuel Kant, _What Is Enlightenment?_ _Chapter Five - Mind, Soul, and God: 1740–1779_ _The narrow limits of human understanding:_ David Hume, _Anof a Book Lately Published_ _The soul is but an empty word:_ Julien Offray de La Mettrie, _Man a Machine_ _All is reduced to sensation:_ Claude Adrien Helvétius, _On the Mind_ _An endless web of fantasies and falsehoods:_ Paul-Henri Thiry, baron d’Holbach, _Common Sense_ _Let each believe that his own ring is real:_ Gotthold Ephraim Lessing, _Nathan the Wise_ _Chapter Six - Crush That Infamous Thing: 1733–1764_ _This is the country of sects:_ Voltaire, _Philosophical Letters_ _Disfigured by myth, until enlightenment comes:_ Voltaire, _The Culture and Spirit of Nations_ _The best of all possible worlds:_ Voltaire, _Candide_ _Are we not all children of the same God?:_ Voltaire, _Treatise on Tolerance_ _If a book displeases you, refute it! :_ Voltaire, _Philosophical Dictionary_ _Chapter Seven - Toward the Greater Good: 1748–1776_ _Things must be so ordered that power checks power,_ Charles de Secondat, baron de Montesquieu, _The Spirit of the Laws_ _Complete freedom of trade must be ensured:_ François Quesnay, _General Maxims for the Economic Management of an Agricultural Kingdom_ _The nation's war against the citizen: Cesare_ Beccaria, _On Crimes and Punishments_ _There is no peace in the absence of justice:_ Adam Ferguson, _An Essay on the History of Civil Society_ _Led by an invisible hand:_ Adam Smith, _An Inquiry into the Nature and Causes of the Wealth of Nations_ _Chapter Eight - Encountering Others: 1688–1785_ _Thus died this great man:_ Aphra Behn, _Oroonoko: or The Royal Slave_ _Not one sins the less for not being Christian: _Lady Mary Wortley Montagu, _Embassy Letters_ _Do you not restore to them their liberty?:_ Guillaume-Thomas Raynal, _Philosophical and Political History of European Colonies and Commerce in the Two Indies_ _Some things which are rather interesting:_ Captain James Cook, _Voyage towards the South Pole, and Round the World_ _The inner genius of my being:_ Johann Gottfried von Herder, _Ideas for a Philosophy of the History of Humankind_ _Chapter - Nine Citizen of Geneva: 1755–1782_ _The most cunning project ever to enter the human mind: _Jean-Jacques Rousseau, _Discourse on the Origin and Foundations of Human Inequality_ _The supreme direction of the General Will:_ Jean-Jacques Rousseau, The Social Contract _Two lovers from a small town at the foot of the Alps,_ Jean-Jacques Rousseau, _Julie, or the New Heloise_ _Build a fence around your child’s soul:_ Jean-Jacques Rousseau, _Emile, or On Education_ _This man will be myself:_ Jean-Jacques Rousseau, _Confessions_ _Chapter Ten - Vindications of Women: 1685–1792_ _No higher design than to get her a husband:_ Mary Astell, _Reflections on Marriage_ _The days of my bondage begin:_ Anna Stanisławska, _Orphan Girl_ _A dying victim dragged to the altar:_ Denis Diderot, _The Nun_ _Created to be the toy of man:_ Mary Wollstonecraft, _Vindication of the Rights of Woman_ _Man, are you capable of being just?:_ Olympe de Gouges, _Declaration of the Rights of Woman as Citizen_ _Chapter Eleven - American Reverberations: 1771–1792_ _I took upon me to assert my freedom:_ Benjamin Franklin, _Autobiography_ _Freedom has been hunted round the globe:_ Thomas Paine, _Common Sense_ _Endowed by their Creator with certain unalienable Rights:_ Thomas Jefferson and Others, _Declaration of Independence_ _A safeguard against faction and insurrection:_ James Madison, _Federalist No. 10_ _An end to government by force and fraud:_ Thomas Paine, _The Rights of Man_ _Chapter Twelve - Enlightenment's End: 1790–1794_ _A partnership of the living, the dead, and those unborn:_ Edmund Burke, _Reflections on the Revolution in France_ _The future destiny of the human species:_ Nicolas de Condorcet, _A Sketch of a Historical Portrait of the Progress of the Human Mind_ Texts and Studies, Index. 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The article examines the practice of the applicability of the Article 18 of the International Covenant on Civil and Political Rights (hereinafter—ICCPR) and Article 9 of the European Convention on Human Rights and Fundamental Freedoms (hereinafter—ECHR). Through the case—law of the European Court on Human Rights (hereinafter—ECtHR) and insights of the Human Rights Committee the author is investigating the content and limits of the freedom of religion. The article examines in detail the limiting clauses to the freedom (...) of belief (national security, public order, public health, public morals) and the possibility to apply derogation clause. The author comes to the conclusion that due to the complexity of this right it is difficult to forecast the future developments of this right. The jurisprudence of the ECtHR is numerous as well as the decisions of the Court are often accompanied by dissenting opinions. Moreover, some potential cases related to the freedom of religion are not considered by the ECtHR as the admissibility criteria are not met. Therefore the author looks forward to the forthcoming jurisprudence of both—regional and universal human rights bodies. (shrink)

In this bold book, Ann Hartle, one of the most important interpreters of sixteenth-century French philosopher Michel de Montaigne, explores the modern notion of civility--the social bond that makes it possible for individuals to live in peace in the political and social structures of the Western world--and asks, why has it disappeared? Concerned with the deepening cultural divisions in our postmodern, post-Christian world, she traces their roots back to the Reformation and Montaigne's Essays. Montaigne's philosophical project of drawing on ancient (...) philosophy and Christianity to create a new social bond to reform the mores of his culture is perhaps the first act of self-conscious civility. After tracing Montaigne's thought, Hartle returns to our modern society and argues that this framing of civility is a human, philosophical invention and that civility fails precisely because it is a human, philosophical invention. She concludes with a defense of the central importance of sacred tradition for civility and the need to protect and maintain that social bond by supporting nonpoliticized, nonideological, free institutions, including and especially universities and churches. What Happened to Civility is written for readers concerned about the deterioration of civility in our public life and the defense of freedom of religion. The book will also interest philosophers who seek a deeper understanding of modernity and its meaning, political scientists interested in the meaning of liberalism and the causes of its failure, and scholars working on Montaigne's Essays"-- From back cover. (shrink)

Michael Walzer’s essay titled Secularism in US State and Society defends the American secular state. Walzer argues that the United States’ version of secularism is exemplary. The essay is divided into three parts, in which he describes a key element of separationist politics. The first is the law that no state can include any religious purpose within its programs (essentially the “wall” between church and state). The second element outlines that any civil religion sponsored by the state should (...) remain civil, and the third highlights the importance of religious tolerance, which is ingrained in the separation of church and state. Through these three points, Walzer proposes that American separationism is successful, and could be called “liberal separationism”. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Capitalism as Religion and Religious Pluralism:An Approach from Liberation TheologyJung Mo Sungreligious pluralism and the struggle of the godsReligious pluralism as a social fact, namely, the coexistence of different religions within a social system, be it a country or an empire, is not anything new. The mere contact with other people and their various religions, for example, through commerce, still does not indicate religious pluralism. In this case, each (...) group of people has its religion and its gods, and recognizes that other groups of people exist with other religions and other gods. Religious pluralism occurs when, because of immigration or the conquest of one people over another, groups of people with different religions live together in the same social space.Whether by immigration or by conquest, the resulting religious pluralism does not occur in an egalitarian or harmonious manner. Immigrants are forced to live out their religion within their group as a marginal religion in society, or even in hiding when it is not accepted in the society where they went to seek a livelihood. In the case of conquest or expansion of empires, the conquering power imposes its cultural values and religion on the conquered peoples. The empire can try to extinguish the religions of conquered peoples and impose their own as if it is the only one acceptable, or tolerate them as long as these religions do not question the imperial order. This means that the coexistence of different religions within the empire takes place in a hierarchical relationship: The religion of the empire is the ultimate and the others are tolerated provided they accept their place as subordinate. The Roman Empire was an example of an empire that tolerated the religions of subject peoples as long as they didn’t question the absolute power of the empire, with its own empire religion and emperor worship.In this historical context, it is empirically impossible to live out a third way: recognizing the otherness of the other and respecting their religion as we respect our [End Page 155] own. That’s because the “encounter” between religions takes place in a situation of colonial conquest and domination. Expecting that there could be a relationship of respect and dialogue among equals would ignore the role of religion in premodern societies, especially in the processes of domination.In these societies, religion has the function of being the foundation of the world-view that legitimized the existing social order, as well as the process of external conquest. Religion fulfills the function of legitimizing and justifying the conquest and consequent exploitation and oppression of the conquered people. Therefore, religion performs a key task for systems of oppression, the reversal of evil into good: conquest as peace; exploitation as the path to salvation or integration into civilization. Furthermore, religion transcendentalizes the imperial system of oppression and presents it as eternal or as an expression of divine will. Therefore, how to classify religions and manage their coexistence is not just a problem for religious leaders, but also a matter of the state, a matter of interest for the king or emperor. The limits of religious tolerance are determined by the interests of the dominant social system, even when they are often discussed in religious or theological language.Of course, no religion, even those that perform the function of legitimizing an empire, is totally homogeneous. Within a religion, there is or can be a certain “theological pluralism.” The figure of Las Casas in the Spanish conquest of America is an example of the contradictions that are in all religions. But the defense of the Indians and their religion that was made by Las Casas had to be made in the court of the king of Spain. The means of evangelization and the ways of seeing the culture and religion of the Indians (i.e., the other) is a problem of the state, and not just the Church.Before thinking about the ideal of a religious pluralism that makes possible “a fraternal living together of religions as also a covenant of all those in favor of Peace and the Common Good of Humanity and the Planet,”1 we must also remember that the Bible... (shrink)

A daring marriage of philosophical theory and practical politics, this collection is the first of Gianni Vattimo's many books to combine his intellectual pursuits with his public and political life. Vattimo is a paradoxical figure, at once a believing Christian and a vociferous critic of the Catholic Church, an outspoken liberal but not a former communist, and a recognized authority on Nietzsche and Heidegger as well as a prominent public intellectual and member of the European parliament. Building on his unique (...) position as a philosopher and politician, Vattimo takes on some of the most pressing questions of our time: Is it still possible, long after Nietzsche proclaimed the death of God, to talk of moral imperatives, individual rights, or political freedom? Are these values still relevant in today's world? Tackling these crucial issues, Gianni Vattimo argues that nihilism is not the absence of meaning but a recognition of a plurality of meanings; it is not the end of civilization but the beginning of new social paradigms. Commonly associated with the pessimistic belief that all of existence is meaningless, nihilism, as a philosophical principle, is far less sensational--it is the ethical doctrine that there are no moral absolutes or infallible natural laws, that "truth" is inescapably subjective. Because the conditions for equality and liberty are not "naturally" given, society must actively create these ideals or it will inevitably fall prey to irrationality, prejudice, and oppression. Vattimo contends that the infighting, timidity, and confusion that have overtaken contemporary liberal thought and politics are the products a prolonged and indulgent mourning over the loss of the transcendental father figure--any institution or power structure that defines truth, knowledge, and reality. Until humanity overcomes its need for external authority--whether it be organized religion, the nation-state, or free-market capitalism--emancipation will remain unattainable. Collecting fourteen of Vattimo's most influential essays on ethics, politics, and law, _Nihilism and Emancipation_ is a provocative reevaluation of meaning, values, and the idea of freedom in Western culture. (shrink)

The resurgence of religious movements all over the world, their varying claims to identity and politics (from public deliberations to fundamentalism), and their success in generating system-transforming effects in both national and world politics have indicated clearly that there is a need to uncover the invisible interconnections between religion and politics. Moreover, the way in which religion has been striking back has taken different forms. From religious and terrorist fundamentalism to multiculturalism, from communitarian claims to the religious state to religion-based (...) civil societal calls for pluralism and freedom, it is possible to see different articulations of the resurgence of religion in the world in which we live. In this context, Turkey constitutes a sociologically illuminating, theoretically challenging and politically timely case study. As a modern republic on the margins of Europe and preparing for accession negotiations with the European Union for full membership, Turkey is both a Muslim society and a strictly secular nation-state. This article suggests, first, that the process of modernization and democratization in Turkey has always faced the problem of establishing a delicate balance between politics and religion, and, second, that in this process the more secularism is used by the state elite to control religion, the less pluralistic and democratic the state has become in governing a society where Islam has always played an important role in the symbolic formation of Turkish identity. What is needed in this context is a ‘democratic secular imaginary’ as a more dialogical, tolerant and accommodating strategy of living with difference, enabling us to understand religious claims to difference in their own right, and to approach them clearly and critically. (shrink)

As the main religion of Finland, but also of entire Scandinavia, Lutheranism has a centuries-long history. Until 1809 Finland formed the eastern part of the Swedish Kingdom, from 1809 to 1917 it was a Grand Duchy within the Russian Empire, and in 1917 Finland gained independence. In the 1520s the Lutheran Reformation reached the Swedish realm and gradually Lutheranism was made the state religion in Sweden. In the 19th century the Emperor in Russia recognized the official Lutheran confession and the (...) status of the Lutheran Church as a state church in Finland. In the 20th century Lutheran church leaders preferred to use the concept people’s church. The Lutheran Church is still the majority church. In the beginning of 2015, some 74 percent of all Finns were members of the Evangelical Lutheran Church of Finland. In this issue of Perichoresis, Finnish historians interested in the role of church and Christian faith in society look at the religious history of Finland and Scandinavia. The articles are mainly organized in chronological order, starting from the early modern period and covering several centuries until the late 20th century and the building of the welfare state in Finland. This introductory article gives a brief overview of state-church relations in Finland and presents the overall theme of this issue focusing on Finnish Lutheranism. Our studies suggest that 16th and early 17th century Finland may not have been quite so devoutly Lutheran as is commonly claimed, and that late 20th century Finland may have been more Lutheran than is commonly realized. (shrink)

The contribution places Hegel‘s political philosophy, chieflypresented in Elementsof the Philosophy of Right from 1820 but already adumbrated in The GermanConstitution from 1799-1802, intothe context of the quarrel between the ancients and the moderns about the relation between thecitizen andthe stateand the corresponding differentiation of political freedom and civil liberty. In particular, the contribution attributes to Hegel a third, conciliatory position beyond the establishedopposition between the ancient republican ideal of civic commitment and service and the modern emphasis on (...) individual choiceand personal self-fulfillment. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Calvin's Political Theology and the Public Engagement of the Church: Calvin's Two Kingdoms by Matthew J. TuiningaGuenther ("Gene") HaasCalvin's Political Theology and the Public Engagement of the Church: Calvin's Two Kingdoms Matthew J. Tuininga CAMBRIDGE: CAMBRIDGE UNIVERSITY PRESS, 2017. 258 PP. £69.99 / £27.99In recent years, a vigorous debate has arisen within Reformed circles concerning the nature of the two kingdoms theology of John Calvin. Although all recognize (...) that Calvin articulated a distinction between the spiritual kingdom of the church and the political kingdom of the state, there is disagreement over [End Page 211] the nature of the engagement of Christians with the temporal kingdom and over what should guide the state in enacting civil justice and order.The Kuyperian Neo-Calvinist movement holds a transformationalist understanding of the engagement of members of the spiritual kingdom with all vocations and spheres of life. Alternatively, two kingdoms Reformed theologians, such as David VanDrunen and Michael Horton, argue that the Reign of Christ is confined to the spiritual kingdom and must not be brought to bear directly on the temporal kingdom. Matthew Tuininga's book supports the latter view in his exposition of Calvin's political theology. Tuininga argues that Calvin articulated a sharp distinction between church and political society, such that politics is seen not as "a means of transforming society into the kingdom of God according to the dictates of Christian scripture, but as an endeavour to secure temporal order and civil righteousness in accord with reason, natural law, and the virtues of charity and prudence" (1).Tuininga begins by situating Calvin and his two kingdoms theology in their historical and political context, indicating Calvin's concern for the autonomy of church contra government interference. The central chapters (3–6) present the eschatological basis for Calvin's two kingdoms doctrine and detail the development of this theme in Calvin's thought. The Kingdom of God is identified with the church and its spiritual authority. It is distinct from the state's temporal authority, whose role is to maintain civil righteousness and order. To support this distinction between the mandate of the two kingdoms, Tuininga presents in chapter 7 the novel, and debatable, claim that Calvin holds to two covenants of God with Israel: the covenant of grace made with Abraham and confirmed at Sinai and the narrower covenant of the law for Israel's national life, in which God's blessings and punishments were conditional on Israel's obedience and disobedience. Although this legal covenant—with its earthly and temporal character—is embedded in the broader covenant of grace, it is abolished with the fulfillment of the covenant of grace in the coming of Christ. Only the covenant of grace—with its heavenly, inward, and spiritual character—remains in force for God's people today.Chapter 8 argues that Calvin's views on the mandate of the magistrate to protect religion and enact public justice is based not on appeals to scripture but to reason, the evidence of national laws, and natural philosophy. In chapter 9 Tuininga unfolds the implications of Calvin's two kingdoms theology for Christian political involvement in society. And in his conclusion, Tuininga unfolds numerous ways that this two kingdoms theology can guide contemporary Christians' engagement with modern liberal democracies.This work is a welcome exposition of Calvin's political theology to support the two kingdoms theology. However, in addition to the novel, and debatable, claim that God made two covenants with Israel, this reviewer finds that Tuininga's exposition fails to incorporate key points in Calvin's thought: the failure of civil rulers' to enact natural law faithfully and consistently (2.2.13, 23; 3.14.2), [End Page 212] the description of the calling of civil authority as "holy and lawful before God … the most sacred and by far the most honorable of all callings" (4.20.4), and Calvin's claim that the best rulers are those governing according to both tables of the Decalogue (4.20.9–11). Nevertheless, this book is an important contribution to the ongoing debate and should be widely read.Guenther ("Gene") HaasRedeemer University CollegeCopyright © 2018... (shrink)

Full freedom of religion did not come into existence until the end of the 18th century, and authentic dialogue only in the 20th century. All civilizations had at their heart a religion which shaped and reflected that civilization; all problems had to be resolved within the thought-struc- tures of the dominant state-enforced religion. Those thought limitations sooner or later prevented arriving at the necessary solutions, and thus led to the decline of every civilization – except Christendom-Become-West- ern Civilization-Becoming-Global Civilization, (...) which has exponentially surpassed all previous civilizations. The separation of religion from the power of the state has al- lowed the “infinite” spirit of humanity (“Image of God”) to continually resolve the always new problems. Dia- logue, meaning being open to learn from the “other,” moves Globalization from destruction toward construc- tion. (shrink)

The thesis examines the thought of Thomas More and Gerrard Winstanley, emphasizing the concern of both theorists with the prevailing moral depravity of human nature attributable to the Fall of Man, and their proposals for the amendment of men's conduct by institutional means, especially by the establishment of a communist society. The thesis opens with a conceptual exploration of 'utopianism' and 'millenarianism' before discussing the particular forms of these concepts employed by More and Winstanley. The introductory section also includes (...) an investigation of the context which constituted the background to the ideas of More and Winstanley. More's theology, his conception of human nature, and his view of contemporary civil society are examined in detail. It is argued that the conclusions More derived from this aspect of his thought formed his basic conception of the situation to which the institutional amendments outlined in Utopia were directed. These proposals, regarding communism, the state, family and community life, education, religion, and ethics, are discussed. It is argued that Utopia constitutes More's model of a society designed to facilitate the salvation of man. Winstanley's appreciation of man's nature, prevailing condition, and potential for spiritual regeneration, are outlined. The development of Winstanley's thought, and the impression his active involvement with the Diggers made upon him, is described. It is argued that Winstanley renounced millenarianism and ultimately assumed utopian social theory as a medium for the articulation of his proposals for the restoration of man to spiritual regeneracy on earth. The institutional aspects of this scheme, regarding communism, the state, patriarchalism, labour, and education, which he outlined in The Law of Freedom, are evaluated. The thesis concludes, with a brief comparative analysis before setting the ideas of More and Winstanley'in the context of the changing worldview, appreciation of man's potential and progress, and the emphasis upon aspiration, which evolved in the early modern period. (shrink)

The right of freedom of religion is one of the fundamental rights guaranteed in the Malaysian Constitution. The provision over the right to freedom of religion is seen as one of the most crucial provisions ever stated in the Federal Constitution. Article 11 has never been amended. Indeed, provision in Article 3 reiterates the right of individuals, especially the non-Muslims to profess and practise their religion freely, without any fear and interference. The special status of the religion of (...) Islam enshrined in Article 3 does not mean that non-Muslims have no right in matter of freedom of religion. However, the Federal Constitution seems to restrict the right to freedom of religion, in the sense that freedom of religion in Malaysia is not absolute. There have been several restrictions imposed not only within the constitutional framework but also other general legislations. Among provisions that furnished such restrictions can be seen in Articles 11, 11 and 10 of the Federal Constitution. Moreover, the Parliament had also passed several legislations allowing such restrictions. This can be seen, among others, the Internal Security Act of 1960, the Societies Act of 1966, the Police Act of 1967, the Printing Presses and Publications Act of 1984, the Town and Country Planning Act of 1976 and the Penal Code. As such, Muslims and non-Muslims alike must adhere to certain religious constraints for the sake of public order, public health and morality.While freedom of religion is guaranteed for individuals in the Malaysian Constitution, some states in Malaysia have penalised Muslims who renounced the Islamic faith. Although there is no death penalty for apostasy in Malaysia, apostates are subject to punishments like fine, imprisonment and to a certain extent whipping. In certain states, apostates are detained at the rehabilitation centre for up to 36 months. These have brought concern to human rights activists because such punishments and detention may seem contrary to the right to freedom of religion enshrined under Article 11 of the Federal Constitution and Article 5 that guarantees individual liberty. This article attempts to investigate whether restrictions over the right of freedom of religion particularly when Muslims renounce the Islamic faith is constitutionally valid. It also intends to highlight the conflict in the laws surrounding the punishment for apostasy in various states in Malaysia. (shrink)