Law and Religion in Theoretical and Historical Context by Peter Cane, Carolyn Evans, Zoe Robinson

By Peter Cane, Carolyn Evans, Zoe Robinson

Is there a spot for spiritual language within the public sq.? Which establishment of presidency is most fitted to finding out even if faith may still impact legislations? may still States be required to regard faith and non-religion within the comparable means? How does the historic function of faith in a society impression the trendy figuring out of the function of faith in that society? This quantity of essays examines the character and scope of engagements among legislations and faith, addressing primary questions corresponding to those. participants diversity from eminent students operating within the fields of legislations and faith to big new voices who upload very important and unique rules. From conservative to liberal, doctrinal to post-modernist and secular to spiritual, each one contributor brings a special method of the questions less than dialogue, leading to a full of life, passionate and considerate debate that provides gentle instead of warmth to this complicated quarter.

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Taylor, ‘Understanding and Ethnocentricity’ in Philosophy and the Human Sciences: Philosophical Papers 2 (Cambridge University Press, 1985) 116. J. Rawls, Political Liberalism (New York: Columbia University Press, 1993). UNDERSTANDING THE RELIGION IN FREEDOM OF RELIGION 43 our progenitors’ lead and accept that freedom of religion is founded on the special importance of religious belief. Eisgruber and Sager do this, albeit implicitly. They repeatedly extend consideration to religious practices that they would not extend to runof-the-mill non-religious actions.

Or, heroically, a community might try on its own to create multiple displays that were so inclusive as to lose all denigrative force. But barring special circumstances of this sort, prayers, crèches and explicitly religious displays are likely to carry with them the message that some beliefs are celebrated, and others are devalued. The question we have been exploring is whether the equality principle of Equal Liberty can support a robust and attractive view of religious liberty. We have taken two soundings from among the numerous intersections of governmental activity and religious belief to see what work can be done by the equality principle.

A freedom so defined would be much more akin to freedom of expression – the freedom to speak one’s mind – than to a distinctively religious freedom. But such a freedom would be very limited in scope. As soon as protection was extended beyond mere belief to cover some form of action based on that belief, the distinctive valuing of religion would begin to play a crucial role. Let me take two contemporary examples of religious accommodation. First, consider the question of whether students should be entitled to wear yarmulkas when headgear is prohibited by a school’s dress code.

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