Stewart J. Brown
- Published in print:
- 2001
- Published Online:
- October 2011
- ISBN:
- 9780199242351
- eISBN:
- 9780191697098
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199242351.001.0001
- Subject:
- Religion, Church History
In 1801, the United Kingdom was a semi-confessional State, and the national established Churches of England, Ireland and Scotland were vital to the constitution. They expressed the religious ...
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In 1801, the United Kingdom was a semi-confessional State, and the national established Churches of England, Ireland and Scotland were vital to the constitution. They expressed the religious conscience of the State and served as guardians of the faith. Through their parish structures, they provided religious and moral instruction, and rituals for common living. This book explores the struggle to strengthen the influence of the national Churches in the first half of the nineteenth century. For many, the national Churches would help form the United Kingdom into a single Protestant nation-state, with shared beliefs, values and a sense of national mission. Between 1801 and 1825, the State invested heavily in the national Churches. But during the 1830s the growth of Catholic nationalism in Ireland and the emergence of liberalism in Britain thwarted the efforts to unify the nation around the established Churches. Within the national Churches themselves, moreover, voices began calling for independence from the State connection — leading to the Oxford Movement in England and the Disruption of the Church of Scotland.Less
In 1801, the United Kingdom was a semi-confessional State, and the national established Churches of England, Ireland and Scotland were vital to the constitution. They expressed the religious conscience of the State and served as guardians of the faith. Through their parish structures, they provided religious and moral instruction, and rituals for common living. This book explores the struggle to strengthen the influence of the national Churches in the first half of the nineteenth century. For many, the national Churches would help form the United Kingdom into a single Protestant nation-state, with shared beliefs, values and a sense of national mission. Between 1801 and 1825, the State invested heavily in the national Churches. But during the 1830s the growth of Catholic nationalism in Ireland and the emergence of liberalism in Britain thwarted the efforts to unify the nation around the established Churches. Within the national Churches themselves, moreover, voices began calling for independence from the State connection — leading to the Oxford Movement in England and the Disruption of the Church of Scotland.
Kevin Vallier and Michael Weber
- Published in print:
- 2018
- Published Online:
- January 2018
- ISBN:
- 9780190666187
- eISBN:
- 9780190666217
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190666187.003.0003
- Subject:
- Philosophy, Political Philosophy, Moral Philosophy
Under the constitutional law of the United States, government is not required to grant conscience-protecting exemptions. However, when it chooses to grant some such exemptions, government may not ...
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Under the constitutional law of the United States, government is not required to grant conscience-protecting exemptions. However, when it chooses to grant some such exemptions, government may not privilege religious conscience over secular conscience or disfavor secular conscience relative to religious conscience. In short, government may not discriminate against secular conscience. Moreover, under the political morality of human rights—in particular, under the human right to religious and moral freedom—government should not disfavor secular conscience relative to religious conscience. In that sense, and to that extent, the constitutional law of the United States and the political morality of human rights are aligned.Less
Under the constitutional law of the United States, government is not required to grant conscience-protecting exemptions. However, when it chooses to grant some such exemptions, government may not privilege religious conscience over secular conscience or disfavor secular conscience relative to religious conscience. In short, government may not discriminate against secular conscience. Moreover, under the political morality of human rights—in particular, under the human right to religious and moral freedom—government should not disfavor secular conscience relative to religious conscience. In that sense, and to that extent, the constitutional law of the United States and the political morality of human rights are aligned.
Roger Trigg
- Published in print:
- 2012
- Published Online:
- March 2015
- ISBN:
- 9780199576852
- eISBN:
- 9780191806544
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:osobl/9780199576852.001.0001
- Subject:
- Religion, Theology
Is religious freedom being curtailed in pursuit of equality, and the outlawing of discrimination? Is enough effort made to accommodate those motivated by a religious conscience? All rights matter but ...
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Is religious freedom being curtailed in pursuit of equality, and the outlawing of discrimination? Is enough effort made to accommodate those motivated by a religious conscience? All rights matter but at times the right to put religious beliefs into practice increasingly takes second place in the law of different countries to the pursuit of other social priorities. The right to freedom of belief and to manifest belief is written into all human rights charters. In the United States religious freedom is sometimes seen as ‘the first freedom’. Yet increasingly in many jurisdictions in Europe and North America, religious freedom can all too easily be ‘trumped’ by other rights. This book looks at the assumptions that lie behind the subordination of religious liberty to other social concerns, especially the pursuit of equality. It gives examples from different Western countries of a steady erosion of freedom of religion. The protection of freedom of worship is often seen as sufficient, and religious practices are separated from the beliefs which inspire them. So far from religion in general, and Christianity in particular, providing a foundation for our beliefs in human dignity and human rights, religion is all too often seen as threat and a source of conflict, to be controlled at all costs. The challenge is whether any freedom can be preserved for long, if the basic human right to freedom of religious belief and practice is dismissed as of little account, with no attempt to provide any reasonable accommodation. Given the central role of religion in human life, unnecessary limitations on its expression are attacks on human freedom itself.Less
Is religious freedom being curtailed in pursuit of equality, and the outlawing of discrimination? Is enough effort made to accommodate those motivated by a religious conscience? All rights matter but at times the right to put religious beliefs into practice increasingly takes second place in the law of different countries to the pursuit of other social priorities. The right to freedom of belief and to manifest belief is written into all human rights charters. In the United States religious freedom is sometimes seen as ‘the first freedom’. Yet increasingly in many jurisdictions in Europe and North America, religious freedom can all too easily be ‘trumped’ by other rights. This book looks at the assumptions that lie behind the subordination of religious liberty to other social concerns, especially the pursuit of equality. It gives examples from different Western countries of a steady erosion of freedom of religion. The protection of freedom of worship is often seen as sufficient, and religious practices are separated from the beliefs which inspire them. So far from religion in general, and Christianity in particular, providing a foundation for our beliefs in human dignity and human rights, religion is all too often seen as threat and a source of conflict, to be controlled at all costs. The challenge is whether any freedom can be preserved for long, if the basic human right to freedom of religious belief and practice is dismissed as of little account, with no attempt to provide any reasonable accommodation. Given the central role of religion in human life, unnecessary limitations on its expression are attacks on human freedom itself.
Roger Trigg
- Published in print:
- 2012
- Published Online:
- March 2015
- ISBN:
- 9780199576852
- eISBN:
- 9780191806544
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:osobl/9780199576852.003.0008
- Subject:
- Religion, Theology
This chapter examines the issue of safeguarding religious belief and its practice, with particular emphasis on where to draw the line between religious practices we may not share but must tolerate, ...
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This chapter examines the issue of safeguarding religious belief and its practice, with particular emphasis on where to draw the line between religious practices we may not share but must tolerate, and those that cannot be allowed in a democratic society. It considers the right to ‘inner’ freedoms to believe and the external freedom to manifest beliefs within the context of human rights, what limits there have to be for respecting conscience, and when individual consciences should or should not be accommodated. It also discusses dignity and equality and how they could trump religious freedom, along with John Locke's views about religious toleration and his distinction between the importance of freedom in religion and issues concerning the ‘public good’. The chapter asks whether religious beliefs and sincerity are enough or whether they should be manifested. Finally, it explores the issue of religious conscience in the domain of medical ethics.Less
This chapter examines the issue of safeguarding religious belief and its practice, with particular emphasis on where to draw the line between religious practices we may not share but must tolerate, and those that cannot be allowed in a democratic society. It considers the right to ‘inner’ freedoms to believe and the external freedom to manifest beliefs within the context of human rights, what limits there have to be for respecting conscience, and when individual consciences should or should not be accommodated. It also discusses dignity and equality and how they could trump religious freedom, along with John Locke's views about religious toleration and his distinction between the importance of freedom in religion and issues concerning the ‘public good’. The chapter asks whether religious beliefs and sincerity are enough or whether they should be manifested. Finally, it explores the issue of religious conscience in the domain of medical ethics.
Ian Coller
- Published in print:
- 2020
- Published Online:
- September 2020
- ISBN:
- 9780300243369
- eISBN:
- 9780300249538
- Item type:
- chapter
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300243369.003.0007
- Subject:
- History, European Early Modern History
This chapter traces the appearance of Muslims in debates over religious plurality and the clerical oath. As the new constitution at last came into force, revolutionary France was assailed by problems ...
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This chapter traces the appearance of Muslims in debates over religious plurality and the clerical oath. As the new constitution at last came into force, revolutionary France was assailed by problems from within and without. The euphoria of success turned into fears of invasion and counterrevolution, and universality was increasingly expressed by the influential group of deputies known as the Girondins as a need to defend France by attacking the enemies of the Revolution. In this context, Muslims did not disappear from revolutionary concerns but were instead invoked repeatedly by counterrevolutionary writers, at first as threatening or ridiculous examples of the consequences of religious liberty, and then—as the religious tide began to turn against them—as precedents for their claims to freedom of religious conscience. In response, revolutionaries affirmed the new pluralism, suggesting that Muslims did indeed possess these rights, insofar as they did not disturb the civic order in the manner of “refractory” priests.Less
This chapter traces the appearance of Muslims in debates over religious plurality and the clerical oath. As the new constitution at last came into force, revolutionary France was assailed by problems from within and without. The euphoria of success turned into fears of invasion and counterrevolution, and universality was increasingly expressed by the influential group of deputies known as the Girondins as a need to defend France by attacking the enemies of the Revolution. In this context, Muslims did not disappear from revolutionary concerns but were instead invoked repeatedly by counterrevolutionary writers, at first as threatening or ridiculous examples of the consequences of religious liberty, and then—as the religious tide began to turn against them—as precedents for their claims to freedom of religious conscience. In response, revolutionaries affirmed the new pluralism, suggesting that Muslims did indeed possess these rights, insofar as they did not disturb the civic order in the manner of “refractory” priests.
Roger Trigg
- Published in print:
- 2012
- Published Online:
- March 2015
- ISBN:
- 9780199576852
- eISBN:
- 9780191806544
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:osobl/9780199576852.003.0007
- Subject:
- Religion, Theology
This chapter examines how the priority of the religious over the political should be interpreted when laws clash with a religious conscience. More specifically, it asks whether law should take ...
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This chapter examines how the priority of the religious over the political should be interpreted when laws clash with a religious conscience. More specifically, it asks whether law should take precedence over religion in this case. It first considers what Charles Taylor, the Canadian philosopher and social theorist, has called the modern ‘disenchanted’ world in relation to the transcendental features of human rights. It then explores the idea that societies are placed in a pre-existing reality that has moral import before turning to a discussion of whether religious people deserve exemption or exceptions from generally applicable laws. It also looks at the debates over religious freedom and equality involving the Quakers in Pennsylvania during the War of Independence. Finally, the chapter explains how different legal systems seem unable, or unwilling, to recognise the problems arising from religious beliefs as well as the argument that religion must take priority over all social concerns.Less
This chapter examines how the priority of the religious over the political should be interpreted when laws clash with a religious conscience. More specifically, it asks whether law should take precedence over religion in this case. It first considers what Charles Taylor, the Canadian philosopher and social theorist, has called the modern ‘disenchanted’ world in relation to the transcendental features of human rights. It then explores the idea that societies are placed in a pre-existing reality that has moral import before turning to a discussion of whether religious people deserve exemption or exceptions from generally applicable laws. It also looks at the debates over religious freedom and equality involving the Quakers in Pennsylvania during the War of Independence. Finally, the chapter explains how different legal systems seem unable, or unwilling, to recognise the problems arising from religious beliefs as well as the argument that religion must take priority over all social concerns.
Roger Trigg
- Published in print:
- 2012
- Published Online:
- March 2015
- ISBN:
- 9780199576852
- eISBN:
- 9780191806544
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:osobl/9780199576852.003.0011
- Subject:
- Religion, Theology
This chapter examines the foundations of equality and freedom and their relation to the principles of democracy. It first considers the link between democracy and religious principles, suggesting ...
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This chapter examines the foundations of equality and freedom and their relation to the principles of democracy. It first considers the link between democracy and religious principles, suggesting that democracy needs religion to teach its citizens how to act not only for their own good but also in the wider interest. It then explores the argument that, just because a certain set of beliefs produced modern ideas about democracy, the latter needs those ideas for its continued justification. It also discusses the idea that religion cannot be rationally based, rationally argued for, and rationally criticised, with emphasis on how the alleged intrinsic irrationality of religious belief appears to undermine its credibility. The chapter concludes by emphasising the essence of religious freedom; the ramifications of equality and freedom for human dignity and human rights; and the importance of freedom of religious conscience to the pursuit of equality.Less
This chapter examines the foundations of equality and freedom and their relation to the principles of democracy. It first considers the link between democracy and religious principles, suggesting that democracy needs religion to teach its citizens how to act not only for their own good but also in the wider interest. It then explores the argument that, just because a certain set of beliefs produced modern ideas about democracy, the latter needs those ideas for its continued justification. It also discusses the idea that religion cannot be rationally based, rationally argued for, and rationally criticised, with emphasis on how the alleged intrinsic irrationality of religious belief appears to undermine its credibility. The chapter concludes by emphasising the essence of religious freedom; the ramifications of equality and freedom for human dignity and human rights; and the importance of freedom of religious conscience to the pursuit of equality.
Roger Trigg
- Published in print:
- 2012
- Published Online:
- March 2015
- ISBN:
- 9780199576852
- eISBN:
- 9780191806544
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:osobl/9780199576852.003.0009
- Subject:
- Religion, Theology
This chapter examines the necessary limits to religious freedom, first by discussing the issue of religious conscience and whether and how far it should be accommodated by the law. It then considers ...
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This chapter examines the necessary limits to religious freedom, first by discussing the issue of religious conscience and whether and how far it should be accommodated by the law. It then considers religious toleration in relation to respect for others and ideas of human dignity, how a law may place substantial burdens on those with particular religious beliefs, and racial versus religious discrimination. It also explores issues of religious freedom that can cause a conflict between churches, especially the Roman Catholic Church, and secular laws, along with the right of church and religious organisations to be in control of their own affairs. Finally, the chapter analyses the question of how far religious believers can depart from the norms of the society of which they are members and still demand ‘reasonable’ accommodation.Less
This chapter examines the necessary limits to religious freedom, first by discussing the issue of religious conscience and whether and how far it should be accommodated by the law. It then considers religious toleration in relation to respect for others and ideas of human dignity, how a law may place substantial burdens on those with particular religious beliefs, and racial versus religious discrimination. It also explores issues of religious freedom that can cause a conflict between churches, especially the Roman Catholic Church, and secular laws, along with the right of church and religious organisations to be in control of their own affairs. Finally, the chapter analyses the question of how far religious believers can depart from the norms of the society of which they are members and still demand ‘reasonable’ accommodation.
Roger Trigg
- Published in print:
- 2012
- Published Online:
- March 2015
- ISBN:
- 9780199576852
- eISBN:
- 9780191806544
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:osobl/9780199576852.003.0012
- Subject:
- Religion, Theology
This chapter examines religious freedom as a human right and the need to accord special protection to religion. It considers the implications of a single-minded pursuit of equality for human rights ...
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This chapter examines religious freedom as a human right and the need to accord special protection to religion. It considers the implications of a single-minded pursuit of equality for human rights and the principles of democracy, along with the idea of a secular state that is neutral to all religion. It looks at modern human rights law and how it is supposed to protect religious beliefs as well as religious conscience, the failure of courts in different jurisdictions to respect the apparent dictates of conscience when they are in conflict with public policy, and the profound connection between religious understandings and human nature. It argues that real sticking points of conscience, and especially objections arising from important religious beliefs, must be respected in a democracy.Less
This chapter examines religious freedom as a human right and the need to accord special protection to religion. It considers the implications of a single-minded pursuit of equality for human rights and the principles of democracy, along with the idea of a secular state that is neutral to all religion. It looks at modern human rights law and how it is supposed to protect religious beliefs as well as religious conscience, the failure of courts in different jurisdictions to respect the apparent dictates of conscience when they are in conflict with public policy, and the profound connection between religious understandings and human nature. It argues that real sticking points of conscience, and especially objections arising from important religious beliefs, must be respected in a democracy.
Gary J. Adler (ed.)
- Published in print:
- 2015
- Published Online:
- May 2015
- ISBN:
- 9780190205423
- eISBN:
- 9780190205454
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780190205423.001.0001
- Subject:
- Religion, Religion and Society
How can religion contribute to democracy in a secular age? What can the millennia-old Catholic tradition say to Church-state controversies in the United States and globally? This book is a dialogue ...
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How can religion contribute to democracy in a secular age? What can the millennia-old Catholic tradition say to Church-state controversies in the United States and globally? This book is a dialogue between Douglas W. Kmiec, a leading scholar of American constitutional law and Catholic legal thought, and experts from a range of fields and countries. The book delves into the tensions of Church-state jurisprudence, sociological changes in the practice of religion, and developments in Catholic legal thought. This diverse group provides insight for both understanding religion’s beneficial relationship to political life and recognizing the limits to religious influence in political life. The chapters bring together current events in Catholic life, recent social theory, and a concern for their writings’ relevance to migration, the Arab Spring, and social change.Less
How can religion contribute to democracy in a secular age? What can the millennia-old Catholic tradition say to Church-state controversies in the United States and globally? This book is a dialogue between Douglas W. Kmiec, a leading scholar of American constitutional law and Catholic legal thought, and experts from a range of fields and countries. The book delves into the tensions of Church-state jurisprudence, sociological changes in the practice of religion, and developments in Catholic legal thought. This diverse group provides insight for both understanding religion’s beneficial relationship to political life and recognizing the limits to religious influence in political life. The chapters bring together current events in Catholic life, recent social theory, and a concern for their writings’ relevance to migration, the Arab Spring, and social change.