ABSTRACT The article examines Old English claims to catholic ‘liberty of conscience’ and the way in which this engendered a discussion of English liberties in Ireland. Old English representatives sought to ground their claims to ‘liberty of conscience’ in established practice, custom and law. Their claims to ‘liberty of conscience’ also brought into play the vocabulary of corporate and parliamentary liberty. In response, New English protestants turned to ideas of duty and citizenship, which (...) were equally embedded in conceptions of English liberties. They argued that a catholic ‘conscience’ sat in opposition to ideas of duty to the king and the commonwealth. In doing so, the New English questioned both the basis and extent of the liberties possessed by the Old English. Such an exchange, this article argues, is illustrative of the way in which an English pairing of liberties, with ideas of duty and active citizenship, opened up an area of dispute involving a shared set of political concepts and vocabulary. (shrink)

This chapter examines some central features to liberal conceptions of toleration and liberty of conscience. The first section briefly examines conceptions of toleration and liberty of conscience in the traditions of Locke, Rawls, and Mill. The second section considers contemporary controversies surrounding toleration and liberty of conscience with a focus on neutrality and equality. The third section examines several challenges, including whether non-religious values should be afforded the same degree of accommodation as religious values, (...) whether liberty of conscience requires a secular state, and how bias impedes understandings of toleration and liberty of conscience. The chapter concludes with brief comments on future directions for research on toleration and liberty of conscience. One is exploring toleration and liberty of conscience in non-Western contexts; another is exploring ways that varieties of religious and political identity impact conceptions of toleration and liberty of conscience. (shrink)

It has often been argued that, notwithstanding his commitment to the authoritarian state, Thomas Hobbes is a champion of the "minimal" version of liberty of conscience: namely, the freedom of citizens to think whatever they like as long as they obey the law. Such an interpretation renders Hobbes's philosophy more palatable to contemporary society. Yet the claim is incorrect. Alongside his notion of "private" conscience, namely, Hobbes develops a conception of conscience as a public phenomenon. In (...) the following, it is argued that this inconsistency serves the purpose of deception: it holds out the possibility of dissent while making it impossible to utilise. Arguably, moreover, this is the proper hermeneutical approach to take to Hobbes's inconsistencies in general. Indeed, said inconsistencies ought to alert contemporary normative theorists to the instability of the "minimal" version of liberty of conscience attributed to Hobbes: Hobbes himself, namely, shows that it is insufficient. (shrink)

In this work, Mill reflects on the struggle between liberty and authority and defends the view that “the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others.” He questions attempts to limit freedom of conscience and religion, freedom to pursue one’s own interests, and freedom to unite, and he defends a liberal political and social order in which there is considerable room for (...) personal development and freedom of association. This new Broadview Edition demonstrates the ways in which Mill’s intellectual landscape differed markedly from our own, while also drawing attention to the reasons why the work remains relevant and essential reading in the present day. Appendices include antecedents to Mill’s work, critical discussions by his contemporaries, and related writings by Mill. Please note: Broadview offers two separate editions of _On Liberty_. The Kahn edition is particularly relevant to readers who are interested in how the work is situated in the history of political philosophy, whereas the Alexander edition is recommended to those most interested in the work’s Victorian literary and social contexts. (shrink)

Our society's longstanding commitment to the liberty of conscience has become strained by our increasingly muddled understanding of what conscience is and why we value it. Too often we equate conscience with individual autonomy, and so we reflexively favor the individual in any contest against group authority, losing sight of the fact that a vibrant liberty of conscience requires a vibrant marketplace of morally distinct groups. Defending individual autonomy is not the same as defending (...) the liberty of conscience because, although conscience is inescapably personal, it is also inescapably relational. Conscience is formed, articulated, and lived out through relationships, and its viability depends on the law's willingness to protect the associations and venues through which individual consciences can flourish: these are the myriad institutions that make up the space between the person and the state. Conscience and the Common Good reframes the debate about conscience by bringing its relational dimension into focus. (shrink)

There is a regulatory option for conscientious objection in health care that has yet to be systematically examined by ethicists and policymakers: granting a liberty to request exemption from prescribed work tasks without a companion guarantee that the request is accommodated. For the right-holder, the liberty’s value lies in the ability to seek exemption without duty-violation and a tangible prospect of reassignment. Arguing that such a liberty is too unreliable to qualify as a right to conscientious objection (...) leads to the problem of consistently distinguishing its effects from those of a right to conscientious objection that is made conditional on an individual assessment of the objector’s motivation. These properties require that we distinguish the liberty to request exemption from more restrictive policy choices, and that we subject it to greater scrutiny in the wider moral discourse as a possible variant of a right to conscientious objection. (shrink)

This chapter contains sections titled: Must Liberty and Equality Come Apart? Freedom of Conscience Self‐Ownership and Universal Suffrage Slavery Women's Rights The Cold War Thurgood Marshall Discussion Acknowledgments.

The recent confirmation of the constitutionality of the Obama administration’s Patient Protection and Affordable Care Act (PPACA) by the US Supreme Court has brought to the fore long-standing debates over individual liberty and religious freedom. Advocates of personal liberty are often critical, particularly in the USA, of public health measures which they deem to be overly restrictive of personal choice. In addition to the alleged restrictions of individual freedom of choice when it comes to the question of whether (...) or not to purchase health insurance, opponents to the PPACA also argue that certain requirements of the Act violate the right to freedom of conscience by mandating support for services deemed immoral by religious groups. These issues continue the long running debate surrounding the demands of religious groups for special consideration in the realm of health care provision. In this paper I examine the requirements of the PPACA, and the impacts that religious, and other ideological, exemptions can have on public health, and argue that the exemptions provided for by the PPACA do not in fact impose unreasonable restrictions on religious freedom, but rather concede too much and in so doing endanger public health and some important individual liberties. (shrink)

In his correspondence, John Locke described his close friend Damaris Masham as ‘a determined foe to ecclesiastical tyranny’ and someone who had ‘the greatest aversion to all persecution on account of religious matters.’ In her short biography of Locke, Masham returned the compliment by commending Locke for convincing others that ‘Liberty of Conscience is the unquestionable Right of Mankind.’ These comments attest to Masham’s personal commitment to the cause of religious liberty. Thus far, however, there has been (...) no scholarly discussion of the tolerationist ethic underlying Masham’s 1705 publication, Occasional Thoughts. In this chapter, I argue that Masham’s work appeals to three common tolerationist principles of her time: the idea that the authorities should not use coercion and penalties as ways of imposing religious beliefs on others; the view that God requires human beings to attain salvation through their own efforts, and not by blindly following the dictates of the state-established religion; and the idea that the granting of liberty of conscience helps to ensure the peace and stability of political society. I show that Masham goes further than her tolerationist contemporaries by arguing that together these principles imply that a woman’s intellectual education—or the conscious cultivation of a woman’s ability to reflect critically on her religious beliefs—is vital for the good of the commonwealth. (shrink)

Mill advocated an unqualified defense of the liberty of conscience in the most comprehensive sense, which he understood to include not just the freedom to hold but also to express any opinion or sentiment. Yet considerable dispute persists about the nature of Mill’s argument for freedom of expression and whether his premises can support so strong a conclusion. Two prominent interpretations of Mill that threaten to undermine his uncompromising defense of free speech are considered and refuted. A better (...) interpretation can be founded on Mill’s claim that the liberties of conscience are inseparable in practice. This claim can be defended with modern psychological insight about the nature of cognitive bias, and epistemological insight about why justification of creedal beliefs requires the universal toleration of opinion, insights which are largely anticipated by Mill. This argument is especially vital because it highlights the divide between classical liberalism and progressivism that has become a flashpoint in the current political debate over free speech. (shrink)

This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be (...) preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 62.1 (2001) 161-181 [Access article in PDF] Translating Liberty in Nineteenth-Century Japan Douglas Howland A concept of liberty was but one element of the Japanese engagement with western political theory after the Perry intrusion of 1853, when United States warships led by Commodore Matthew Perry forced Japan to negotiate a commercial treaty with the U.S. This scandal, which ultimately led to (...) the Meiji Restoration of 1867, immediately reorganized scholarly priorities among those intellectuals interested in western knowledge and technology. Western learning under the "feudal" Tokugawa regime (1603-1867) was organized as "Dutch studies" because the Dutch were the sole European trading partner of Japan from 1641 to 1854. Dutch studies paid particular attention to European mathematics, astronomy, geography, natural history, and the Dutch language. The Perry intrusion, however, prompted the rise of "western learning": language study quickly expanded to include English, French, and German; and the content of learning emphasized European law and political philosophy. But the concepts that defined this content of western thought did not translate well; they did not fit naturally with existing Japanese concepts. Hence the translation of western political theory necessitated the invention of new terminology with which to engage the new political language. Accordingly, Japanese efforts to translate western political theory must be understood as both problems of language, the creation and circulation of new concepts, as well as problems of action, and the usage of new concepts in debates about the programs and policies to be implemented in a "westernizing" Japan. 1 [End Page 161]The scholars who figure in this essay--Kato Hiroyuki, Tsuda Mamichi, Nishi Amane, Kanda Takahira, Fukuzawa Yukichi, and Nakamura Keiu--were all key figures in the intellectual passage from Tokugawa to Meiji, from Dutch studies to western learning. They began their careers in the Tokugawa institute for Dutch studies; most traveled to Holland, England, or the United States during the 1860s; and after the Meiji Restoration they became intellectual and educational leaders under the new administration. 2 In addition to founding private academies or filling prominent government posts, they created the first literary society, the Meiji Six Society (named after the year of its founding, the sixth year of the Emperor Meiji's reign, 1873), which sponsored public debates, published these proceedings in the Meiji Six Journal, and so hoped to promote enlightenment among the Japanese people. In addition to introducing public debate to Japan, this transitional intelligentsia was involved in the fundamental work of creating the language in which to raise issues of constitutional form or personal freedoms. In their translations of western texts and original texts about western law and political philosophy they created the neologisms to translate western concepts and participated in the standardization of terminology that made western knowledge coherent.The two concepts discussed in this essay, which were among the first to figure prominently in intellectual debates of the early 1870s, were "liberty" and "religion," the pairing of which in the debate over freedom of religion from 1872 to 1874 was crucial in defining a Japanese conception of liberty. Although religious liberty arose in western Europe as a result of the conflict between church and state authorities, the issue in Japan was a direct challenge to the new central government's attempt to decree a national Shinto doctrine in 1868. As the sole case of unanimous support for personal liberty among the transitional intelligentsia, the debate over freedom of religion determined key distinctions between private and public behavior that defined the Japanese conception of "liberty" for the duration of Japan's imperial constitution (to 1945). As a right of individuals, liberty resided in the exclusively private domain of thought, conscience, and religious faith. As a public matter the people's liberty necessarily gave way to government maintenance of public order.In part this essay responds to the work of Japanese philologists who study the translation and standardization of modern Japanese vocabulary. Much of this work is based on dictionaries; a word is said to have become standard as it appears in greater numbers of Japanese-Chinese, Japanese... (shrink)

Lucas Swaine attempts to persuade theocrats of the value of liberty of conscience. But his promotion of principles of conscience for theocratic communities reveals a divided spirit in contemporary liberalism, which is torn between wanting to respect religion as it is and wanting to reform or liberalize it.

Hegel presents significant accounts of “conscience” (Gewissen) at decisive moments both in the early Phenomenology of Spirit and the Philosophy of Right. In spite of some important similarities between these accounts, they present deeply different, perhaps even inconsistent, understandings of the nature and value of individual conscience. Roughly, on the Philosophy of Right account, conscience is fundamentally something inward and individualizing, requiring transformation if it is to be integrated into the social institutions and practices that constitute modern (...) “ethical life.” By contrast, in the Phenomenology of Spirit, conscience is always already fundamentally social, entailing demands that individuals both realize their convictions in actions that are, in principle at least, available to others, and that they be able discursively to articulate, justify, and, in some cases, modify their convictions in relation to others. Drawing on this contrast between two understandings of the nature and value of conscience, I consider two models of the liberty of conscience. On the first model, the liberty of conscience fundamentally entails the need for the protection of an inward sphere over which institutions ought not to attempt to exercise coercive influence. On the second, the liberty of conscience entails acknowledging the discursive and social character of conscience, so that, while individuals should be entitled to a sort of moral autonomy, that autonomy entails an equal demand to be able to justify their convictions to others, and to respond reasonably to the claims that others make on them. I argue that Hegel’s concept of “spirit,” which suggests that selfhood is fundamentally a product of concrete relations among individuals, provides stronger support for the second model of the liberty of conscience. (shrink)

Citing grounds of conscience, pharmacists are increasingly refusing to fill prescriptions for emergency contraception, or the "morning-after pill." Whether correctly or not, these pharmacists believe that emergency contraception either constitutes the destruction of post-conception human life, or poses a significant risk of such destruction. We argue that the liberty of conscientious refusal grounds a strong moral claim, one that cannot be defeated solely by consideration of the interests of those seeking medication. We examine, and find lacking, five arguments (...) for requiring pharmacists to fill prescriptions. However, we argue that in their professional context, pharmacists benefit from liberty restrictions on those seeking medication. What would otherwise amount to very strong claims can be defeated if they rest on some prior restriction of the liberty of others. We conclude that the issue of what policy should require pharmacists to do must be settled by way of a theory of second best. Asking "What is second best?" rather than "What is best?" offers a way to navigate the liberty restrictions that may be fixed obstacles to optimality. (shrink)

This article sets forth Voltaire’s philosophy of liberty. Contrary to generally accepted readings, which take Voltaire at face value rather than considering the environment in which he wrote, Voltaire had a clear normative political thought. He was an early proponent of rule of law, ordered liberty, freedom of conscience and expression, and the right to prudent rebellion against tyranny. At the root of his political theory lay a rejection of slavery, and hence of all forms of subjugation.

In this work, Professors Rosenfeld and Mancini have brought together an impressive group of authors to provide a comprehensive analysis on the greater demand for religions exemptions to government mandates. Traditional religious conscientious objection cases, such as refusal to salute the flag or to serve in the military during war, had a diffused effect throughout society. In sharp contrast, these authors argue that today's most notorious objections impinge on the rights of others, targeting practices like abortion, LGTBQ adoption, and same-sex (...) marriage. The dramatic expansion of conscientious objection claims have revolutionized the battle between religious traditionalists and secular civil libertarians, raising novel political, legal, constitutional and philosophical challenges. Highlighting the intersection between conscientious objections, religious liberty, and the equality of women and sexual minorities, this volume showcases this political debate and the principal jurisprudence from different parts of the world and emphasizes the little known international social movements that compete globally to alter the debate's terms. (shrink)

In this article, I defend the view that conscience exemption clauses for medical practitioners (doctors, nurses, technicians, pharmacists) should be limited by patient protection clauses. This view was also defended by Mark Wicclair, in his book on conscience exemptions in medicine (Cambridge UP, 2011). In this article, I defend Wicclair’s view by supplementing it with Hegelian ethical theory and feminist critical theory. Conscience exemptions are important to support as a matter of human rights. They support an individual’s (...) right to protect their deepest value-commitments. A true understanding of conscience is dialectical, however, and it requires patient protection clauses because they, too, protect individuals in their deepest value-commitments. In this article, I show that the defense of patient protection clauses is historically supported by the theory of “conscience [Gewissen]” developed by G.W.F. Hegel in the nineteenth century (mostly in the Phenomenology of Spirit (1807)). (shrink)

Our concern for nonhuman nature can be justified in terms of a human right to liberty of ecological conscience. This right is analogous to the right to religious liberty, and is equally worthy of recognition as that fundamental liberty. The liberty of ecological conscience, like religious liberty, is a negative right against interference. Each ecological conscience supports a claim to protection of the parts of nonhuman nature that are current or potential sites (...) of its active pursuit of natural value. If we acknowledge the fallibility of each conscience in its pursuit of genuine natural value, a policy of indefinitely extensive conservation can be justified. Destruction of an object of current or potential natural value is like destroying a church, mosque, temple, or other holy place. This justification for environmental conservation is analogous to the standard justification for individual negative rights, as upheld by the liberal tradition of Locke, Mill, and Rawls. (shrink)

Ten years after over half a million Christians signed their names to a statement of conscience clarifying where they stood, the three issues dealt with in the Manhattan Declaration are of more cultural importance than ever. The main difference now, as opposed to then, is the state has since claimed authority, not only over life, but also over marriage and religious liberty." -- Amazon.com.

ABSTRACT This article engages with a key interpretive puzzle in Hobbes’s political thought – his seemingly contradictory view of liberty of conscience – and argues that Hobbes theorizes civic education as a powerful tool to confront and refashion prevailing views of conscience in early modernity. While influential accounts have recovered more ‘tolerant’ arguments in Hobbes’s political thought, recent revisionist accounts have argued that Hobbes does not merely advocate for the compulsion of outward conformity but also subjects’ inward (...) persuasion. Yet this nuanced attention to the sovereign’s role in cultivating obedient, peaceful subjects does not attend fully to his shaping of the consciences of his subjects. Situating Hobbes in the early modern discourse on casuistry, as well as political debates on educational reform, reveals that the sovereign can and should try to shape the consciences of subjects, specifically returning to a view of conscience as a kind of ‘knowing with’ others. Reframing Hobbes’s project of civic education as a strategy to ‘gently instill’ the consciences of subjects does not merely shed light on the interpretive puzzle of Hobbes’s ambivalence towards toleration but also draws attention to one of the most powerful and arguably underappreciated ways to overcome the threat of conscience to sovereignty. (shrink)

Mill predicted that “[t]he Liberty is likely to survive longer than anything else that I have written … because the conjunction of [Harriet Taylor’s] mind with mine has rendered it a kind of philosophic text-book of a single truth, which the changes progressively taking place in modern society tend to bring out in ever greater relief.” Indeed, _On Liberty_ is one of the most influential books ever written, and remains a foundational document for the understanding of vital political, philosophical (...) and social issues. In addition to its many useful appendices, this new edition includes a chronology, bibliography, and a substantial introduction which outlines Mill’s life and works, and sets this central work of 1859 in the context of both his own intellectual development and of the play of ideas and political forces in Victorian society. (shrink)

No question has demanded so much attention from the philosopher of mind as has this one: What is consciousness? One promising answer begins by noting that consciousness is, itself, a conjugate of more basic stuff. For the ethicist, there is a question that seems at least formally related to the question of consciousness: What is conscience? Could it be that a similar approach carries similar promise? The following short paper first examines consciousness as a conjugate, and then pursues the (...) implications of this analysis for a novel understanding of conscience as the grounds for a science of ethics. (shrink)

Quelle lumière l'idée d'athéisme et la figure de l'athée jettent-elle sur les concepts de tolérance, de liberté de conscience et de laïcité? Pour répondre à cette question, cet ouvrage fait le choix d'éclairer le présent par une perspective historique, en analysant la manière dont l'athéisme est apparu et s'est développé dans le questionnement théologico-politique et philosophique depuis le XVIIe siècle."--Page 4 of cover.

This work introduces the ACTWith model of moral cognition. This is a model of conscience and conscientious agency, inspired by Socratic philosophy, neurology and artificial intelligence. The ACTWith model is a synthesis across these disciplines, integrating ancient and contemporary insights into the human condition, while distilling this synthesis into a practicable dynamic simplified via architectural paradigms imported from theories of computational models of human learning. It was developed in response to the need in these fields for a clear articulation (...) of conscience. In the world at large, conscience is often referenced, yet hardly understood. This work fills this gap. (shrink)

On 30 June 2021, Ohio state Governor, Mike DeWine, signed a Bill which would enact the state's budget for the next two years. In addition to its core funding imperatives, the Bill also contained an amendment significantly expanding entitlements of health care providers to conscientiously object to professional duties to provide controversial health care services. This amendment has been heavily criticised as providing the means to allow health care providers to discriminate against a wide range of persons by denying them (...) access to often contested services such as abortion and contraception. In this paper, we examine the implications of this amendment and situate it in relation to other legislative actions intended to guarantee absolute rights to conscientious objection. In doing so, we argue that the entitlements extended to health care providers by these Bills are overly broad and ignore their potential to allow significant harm to be caused to clients. We then argue that if health care providers should have rights to conscientiously object, then any legislation intended to protect such rights should be limited, specific, and parsimonious. Where it is not, the ideological liberty of HCPs treads dangerously on the physical freedom of their clients. (shrink)

Mill says that the object of his essay On Liberty is to defend a certain principle, which I will call the ‘liberty principle’, and will take to say the following: ‘It is permissible, in principle, for the state or society to control the actions of individuals “only in respect to those actions of each, which concern the interest of other people”’. The liberty principle is a prescription of intermediate generality. Mill intends it to support more specific political (...) prescriptions, such as liberty of conscience, of expressing and publishing opinions, of framing a plan of life to suit our own character, and of combination for any purpose not involving harm to others . The liberty principle is more general than these prescriptions but less general than its possible moral foundations, such as utilitarianism. My concern will be with attempts to defend the liberty principle by showing it to be supported by an acceptable moral position. (shrink)

"What can guilt, the painful sting of the bad conscience, tell us about who we are as human beings? Being Guilty seeks to answer this question through an examination of the views of Kant, Schelling, Schopenhauer, Paul Rée, Nietzsche, and Heidegger on guilt, freedom, responsibility, and conscience. The concept of guilt has not received sufficient attention from scholars of the history of German philosophy. Being Guilty addresses this lacuna and shows how the philosophers' arguments can be more deeply (...) grasped once read in their historical context. A main claim of the book is that this history could be read as proceeding dialectically. Thus, in Kant, Schelling, and Schopenhauer, we find variations on the idea that guilt is justified because the human agent is a free cause of his or her own being-a causa sui-and thus responsible for his or her "ontological guilt." In contrast, in Rée and Nietzsche these ideas are rejected and the conclusion is reached that guilt is not justified, but is explainable psychologically. Finally, in Heidegger we find a synthesis of sorts, where the idea of causa sui is rejected, but ontological guilt is retained and guilt is seen as possible, because for Heidegger a condition of possibility of guilt is that we are ontologically guilty yet not causa sui. In the process of unfolding this trajectory, the various philosophers' views on these and many other issues are examined in detail"--. (shrink)

The compass point of Kantian ethics is Kant’s categorical imperative. The compass point of Kantian ethics directs persons to ends of actions. It directs to ends the attainment of which can be universally prescribed. It directs away from those which can not. Most reviews of the demands of the categorical imperative tend torest in an assay of rationality and its demands. I think that this is a mistake. I think that on Kant’s mature view, the conscience, and so the (...) categorical imperative, have nothing necessarily to do with rationality at all. The following work develops this position. (shrink)

This book defends the fundamental place of the marital family in modern liberal societies. While applauding modern sexual freedoms, John Witte, Jr also defends the traditional Western teaching that the marital family is an essential cradle of conscience, chrysalis of care, and cornerstone of ordered liberty. He thus urges churches, states, and other social institutions to protect and promote the marital family. He encourages reticent churches to embrace the rights of women and children, as Christians have long taught, (...) and encourages modern states to promote responsible sexual freedom and family relations, as liberals have long said. He counsels modern churches and states to share in family law governance, and to resist recent efforts to privatize, abolish, or radically expand the marital family sphere. Witte also invites fellow citizens to end their bitter battles over same-sex marriage and tend to the vast family field that urgently needs concerted attention and action. (shrink)

This paper is a section that is included in a philosophy of education doctoral thesis on John Locke’s educational epistemology. In this part, I argue that Locke’s conception of liberty as limited based on the natural law and later the civil laws can shed a light on our understanding of freedom in our educational practice. Lockean call for the balance between limited freedom of individual and limited governance of political authority is theoretically translated at the end of this paper (...) into the call for the practical balance between limited freedom of students and limited governance of teachers. Then this paper will offer logical ground for Locke’s understanding of freedom and its limitation, and suggest a theoretical connection to an argument on epistemic liberty in education. (shrink)

This book is an interdisciplinary guide to the religion clauses of the First Amendment with a focus on its philosophical foundations, historical developments, and legal and political implications. The volume begins with fundamental questions about God, the nature of belief and worship, conscience, freedom, and their intersections with law. It then traces the history of religious liberty and church-state relations in America through a diverse set of religious and non-religious voices from the seventeenth century to the most recent (...) Supreme Court decisions. The Companion will conclude by addressing legal and political questions concerning the First Amendment and the court cases and controversies surrounding religious liberty today, including the separation of church and state, corporate religious liberty, and constitutional interpretation. This scholarly yet accessible book will introduce students and scholars alike to the main issues concerning the First Amendment and religious liberty, along with offering incisive new insights into one of the most important topics in American culture. (shrink)

When it is seen that those who speak for the new society also establish it wherever they are, then the ranks of oppression and inequity break and straggle; when it is seen that those who speak for the new society are less regardful of the comfort and rights of others than are the best in the old society, then the ranks of oppression and inequity re-aline [sic] and advance anew to battle. He that cries against externally-enforced order carries complete conviction (...) only when he ceases to create disorder by discourtesy, tumult, and greater invasions. I can have little faith in the professed love of liberty of one who denies to me the opportunity to hear what he or she does not care to hear, just as I can have little faith in the professions of the Censor who denies to me the opportunity to read what he does not care to read. “We learn to do by doing.”. (shrink)

This article critically assesses an account of religious liberty often associated with several legal and political philosophers: Ronald Dworkin, John Rawls, and Christopher Eisgruber and Lawrence Sager. Calling it the Religion as Comprehensive Doctrine approach (RCD), the author contrasts it with an account often attributed to John Locke and the American Founders Thomas Jefferson and James Madison, the Two Sovereigns approach (TS). He argues that the latter provides an important corrective to RCD’s chief weakness: RCD eliminates (or greatly diminishes) (...) from our vision those aspects of religious belief and practice that most conventional religious believers would consider essential to their faith. (shrink)

I argue that the duty of confidentiality is relative, not absolute; and that it is primarily a matter for the professional judgment of the reflective health practitioner to determine in the particular case whether competing public interests (or other compelling reasons) override that duty. I have supported that account with an analysis of medical practice as a recourse role and with an account of law that emphasises not only its duty‐imposing character but also, and crucially, an embedded liberty to (...) depart from the plain requirements of a primary legal rule where in the conscientious judgment of the addressee of that law, there is ‘damn good reason’ to do so. This account of the moral nullification of law at the outer limits appears to be descriptively accurate over a wide range of law and normatively appealing not only to democratic citizens but also to professionals such as doctors and lawyers whose role involves testing the law on moral grounds and who should be ready to do so, if but only if, they believe in the good faith exercise of professional judgment that the outcome mandated by the literal application of the legal rule is inconsistent with the moral mission of their role. The argument is illustrated with cases from American and English courts which, perhaps, render plausible the otherwise paradoxical notion that the law itself admits of departures from the legal rules. (shrink)

In a seventeenth-century English landscape populated with towering political and philosophical figures like Hobbes, Harrington, Cromwell, Milton, and Locke, William Penn remains in many ways a man apart. Yet despite being widely neglected by scholars, he was a sophisticated political thinker who contributed mightily to the theory and practice of religious liberty in the early modern Atlantic world. In this long-awaited intellectual biography of William Penn, Andrew R. Murphy presents a nuanced portrait of this remarkable entrepreneur, philosopher, Quaker, and (...) politician.Liberty, Conscience, and Toleration focuses on the major political episodes that attracted William Penn's sustained attention as a political thinker and actor: the controversy over the Second Conventicle Act, the Popish Plot and Exclusion Crisis, the founding and settlement of Pennsylvania, and the contentious reign of James II. Through a careful examination of writings published in the midst of the religious and political conflicts of Restoration and Revolutionary England, Murphy contextualizes the development of Penn's thought in England and America, illuminating the mutual interconnections between Penn's political thought and his colonizing venture in America. An early advocate of representative institutions and religious freedom, William Penn remains a singular figure in the history of liberty of conscience. His political theorizing provides a window into the increasingly vocal, organized, and philosophically sophisticated tolerationist movement that gained strength over the second half of the seventeenth century. Not only did Penn attempt to articulate principles of religious liberty as a Quaker in England, but he actually governed an American polity and experienced firsthand the complex relationship between political theory and political practice. Murphy's insightful analysis shows Penn's ongoing significance to the broader study of Anglo-American political theory and practice, ultimately pointing scholars toward a new way of understanding the enterprise of political theory itself. (shrink)

Cases of akratic behavior are generally seen as paradigmatic depictions of the knowledge-action gap (Darnell et al 2019): we know what we should do, we judge that we should do it, yet we often fail to act according to our knowledge. In recent decades attention has been given to a particular instance of akratic behavior, which is that of “inverse akrasia”, where the agent possesses faulty moral knowledge but fails to act accordingly, thus ending up doing the right thing. In (...) particular, two literary examples are considered as exemplifying this kind of akratic situation: Huckleberry Finn (Arpaly & Schroeder 1999, Arpaly 2000, Hursthouse 1999, Kleist 2009, Holton manuscript) and Neoptolemus as understood by Aristotle (NE; Arpaly & Schroeder 1999). In this paper I will argue that those of Neoptolemus and Huck Finn are not cases of inverse akrasia (Holton manuscript) but are much better explained as instances of what Williams (1993) called “moral incapacity”. In particular, the reason why they fail to act according to their original judgments is due to a lack of motivation to act accordingly, which is grounded in their moral self-identities (Blasi 1984; Vigani 2016). The paper will unfold as follows: I will, first, argue that neither Neoptolemus nor Huck Finn show akratic behavior; thus, they cannot be legitimately labeled as “inverse akratics” (par 1.); then, I will argue that they act the way they do notwithstanding their faulty judgments because they are effectively motivated to do so. Such motivation originates in their moral self-identities and is experienced through the threat of self-betrayal (par 2); finally, I will argue that when an agent is motivated to act in a way that is integral with her moral self-identity, acting otherwise is experienced as something one cannot ultimately do; that is, as a moral incapacity (par 3). This “cannot” is neither a metaphor for an “I shouldn’t”, nor an instance of what has been recently labeled a “moral impossibility” (Caprioglio Panizza 2020, 2021), since it does not arise from the normative force of deontic judgments, and it is neither physically nor psychologically impossible for the agent to act otherwise. (shrink)

We study the two model-theoretic concepts of weak saturation and weak amalgamation property in the context of accessible categories. We relate these two concepts providing sufficient conditions for existence and uniqueness of weakly saturated objects of an accessible category ${\cal K}$. We discuss the implications of this fact in classical model theory.

Recent developments in biology have made it possible to acquire more and more precise information concerning our genetic makeup. There are four groups of people who may want to know about our genes. First, we ourselves can have an interest in being aware of own health status. Second, there are people who are genetically linked with us, and who can have an interest in the knowledge. Third, individuals with whom we have contracts and economic arrangements may have an interest in (...) knowing about our genetic makeup. Fourth, society as a whole can have an interest in the composition of our genes. As regards the question of motivation, the term 'should' can be interpreted in three ways. Prudentially speaking, to say that individuals should act in a certain manner is to say that the actions in question promote the long-term self-interest of these individuals. From the viewpoint of morality, we should do what is right and avoid doing what is wrong. When it comes to legal thinking, it is held in most liberal societies that grave other-regarding harm should be the primary justification for the use of coercion and constraint. In the paper, all these aspects are examined in more detail. (shrink)

La loi, civile ou religieuse, fait partie du cadre de stabilité dont nous avons besoin pour exercer notre liberté. Quand ses normes sont compatibles avec la dignité humaine, le droit est notre premier référent. Mais les normes juridiques et morales, si nombreuses, entrent fatalement en conflit. Nous devrons nous en déprendre, mais seulement en raison de valeurs que nous jugeons supérieures. En situation, nous sommes seuls à même de reconnaître nos intentions, nos facultés et nos limites, donc de hiérarchiser les (...) normes qui nous motivent. Notre conscience éclairée devient notre référent ultime. Au risque de la transgression. Ce jugement est fragile mais notre dignité humaine est à ce prix. (shrink)