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

Historians of nineteenth and twentieth century Ireland have often overlooked the role of ideas, preferring instead to focus on socio-economic, political and demographic factors. This is never more pronounced then when religion is addressed, and where the influence of religious thought and theology is often folded neatly away into issues of sectarian division and institutional power. This article introduces a collection of essays that attempt to rectify this issue, by drawing out some of their corresponding features and locating them (...) in shared thematic debates. It sets out the historiographical background and examines Ireland’s tangential position within the wider field of intellectual history. Looking specifically at the ideologically symbiotic relationship between Catholic and republican political thought, it argues that developing forms of neo-Thomism which sought to establish a rights-based defence of individual personality against the perceived incursions of both the market and the state, aligned closely with popular radical and republican notions of economic value and justice in Ireland. (shrink)

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

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

Religion and Community: Adam Smith on the Virtues of Liberty CHARLES L. GRISWOLD, JR. The good temper and moderation of con- tending factions seems to be the most es- gential circumstance in the publick morals of a free people. Adam Smith' THE ARCHITECTS of what one might call "classical" or "Enlightenment" liberal- ism saw themselves as committed to refuting the claims to political sovereignty by organized religion. ~ The arguments against the legitimacy of a state- supported religion, (...) and, in the extreme case, of a religious monopoly, are so integral a part of the Enlightenment's effort to put politics on a stable and just foundation as to constitute one of the controlling themes of the period. Lib- eral politics requires toleration, or better, liberty of religious belief. And this in turn requires that religious institutions be privatized, as it were, and that just politics be secularized in that legitimate rule is to lie in the consent of the ruled rather than in the laws of God as interpreted by his ministers on earth. Differ- ' Wealth of Nations V.i.f.4o. My references to The Wealth of Nations are to the two-volume R. H. Campbell and A. S. Skinner edition . 2 The list of thinkers in the "classical liberal" tradition simply reads as the list of key Enlighten- ment figures: Bayle, Hobbes, Locke, Spinoza, Hume, Smith, Voltaire, and Kant, to name a few. Consider the role that religious freedom plays in Kant's. (shrink)

This volume brings together a number of important studies by leading scholars on ritual and law, philosophy and religion, literature and entertainments in Qin and Han China. A few contributions deal with the Han legacy to later Chinese culture.

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

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

Interiority and Law presents a groundbreaking reassessment of a medieval Jewish classic, Baḥya ibn Paquda's Guide to the Duties of the Hearts. Michaelis reads this work anew as a revolutionary intervention in Jewish law, or halakha. Overturning perceptions of Baḥya as the shaper of an ethical-religious form of life that exceeds halakha, Michaelis offers a pioneering historical and conceptual analysis of the category of "inner commandments" developed by Baḥya. Interiority and Law reveals that Baḥya's main effort revolved around establishing a (...) new legal formation - namely, the "duties of the hearts" - which would deal entirely with human interiority. Michaelis takes up the implications of Baḥya's radical innovation, examining his unique mystical model of proximity to God, which he based on an increasingly growing fulfillment of the inner commandments. With an integrative approach that puts Baḥya in dialogue with other medieval Muslim and Jewish religious thinkers, this work offers a fresh perspective on our understanding of the interconnectedness of the dynamic, neighboring religious traditions of Judaism and Islam. Contributing to conversations in the history of religion, Jewish studies, and medieval studies on interiority and mysticism, this book reveals Baḥya as a revolutionary and demanding thinker of Jewish law. (shrink)

Religion, law, and politics: historical contexts -- Religion and the limits of philosophy -- The prince and the church: the critique of Lutheran papalism -- Ecclesiastical history and the rise of clerical tyranny -- The history of Roman law -- Natural law (I): the institutes of divine jurisprudence -- Natural law (II): the transformation of Christian Thomasiuss natural jurisprudence -- The interpretation of nature -- Conclusion: reason and faith in the early German Enlightenment.

Balancing respect for religious conviction and the values of liberal democracy is a daunting challenge for judges and lawmakers, particularly when religious groups seek exemption from laws that govern others. Should students in public schools be allowed to organize devotional Bible readings and prayers on school property? Does reciting "under God" in the Pledge of Allegiance establish a preferred religion? What does the Constitution have to say about displays of religious symbols and messages on public property? Religion and (...) the Constitution presents a new framework for addressing these and other controversial questions that involve competing demands of fairness, liberty, and constitutional validity. In this second of two major volumes on the intersection of constitutional and religious issues in the United States, Kent Greenawalt focuses on the Constitution's Establishment Clause, which forbids government from favoring one religion over another, or religion over secularism. The author begins with a history of the clause, its underlying principles, and the Supreme Court's main decisions on establishment, and proceeds to consider specific controversies. Taking a contextual approach, Greenawalt argues that the state's treatment of religion cannot be reduced to a single formula. Calling throughout for acknowledgment of the way religion gives meaning to people's lives, Religion and the Constitution aims to accommodate the maximum expression of religious conviction that is consistent with a commitment to fairness and the public welfare. (shrink)

The Politica as a specific genre of academic reflection on civil life developed from the later sixteenth century and flourished until at least the mid-seventeenth century, especially at universities in the Holy Roman Empire and where their influence was felt, as in the Dutch Republic. Theologians, Philosophers, Jurists, and Medical Doctors contributed books. Aside from few and only with difficulty accessible surveys, and a few individual well-researched authors, research into this genre remains a task for the future. This survey collects (...) contributions from a number of senior and younger researchers and their various approaches and arguments. In particular, by providing examples of the heterogeneity of current research, it serves as an introduction to the genre and to a more complete assessment of the development of Early Modern political thought. The volume also stresses the importance of this genre for several transformations of political thought in the Early Modern Age. (shrink)

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

The main goal of the research is to explain the function of teacher seminaries and pedagogical courses, to reveal the relationship between these educational institutions and religious education. At the same time, at the level of statistical data, we can observe the participation rate of the local Muslim population in Russian public schools, and thus the rate of Muslim teachers in the education system. In the study, the formation process of the educational system of Tsarist Russia was given a general (...) overview, and it was seen that the Russian education system did not differ from the Azerbaijani education in terms of its close relationship with religion until the 18th century. This trend is an indication that the process of replacing religious education with secular education which corresponds to that period. The article provides information about the stages of the Russian education system, the purpose of creating teachers' seminaries and pedagogical courses in the secondary education category, statistics, curriculum, the place of religious education in these institutions, and the problems that manifest themselves here are described in a descriptive manner. When we look at the information related to religious education, it is seen that in the seminaries opened in accordance with the 1902 law, mother tongue and religious education was not given, but the objections of the local people were heard by the tsar officials and the teaching of these courses was started on the account of the charitable societies. Based on the report obtained on Islamic teaching, it is possible to say that Islamic history, Aqaid (creeds) and various prayers were taught in the seminary according to both sects. By the way, it is known that the mother tongue classes are also taught by religious teachers. (shrink)

Legal theorists are familiar with John Finnis's book Natural Law and Natural Rights, but usually overlook his interventions in US constitutional debates and his membership of a group of conservative Catholic thinkers, the 'new natural lawyers', led by theologian Germain Grisez. In fact, Finnis has repeatedly advocated conservative positions concerning lesbian and gay rights, contraception and abortion, and his substantive moral theory derives from Grisez. Bamforth and Richards provide a detailed explanation of the work of the new natural lawyers within (...) and outside the Catholic Church - the first truly comprehensive explanation available to legal theorists - and criticize Grisez's and Finnis's arguments concerning sexuality and gender. New natural law is, they argue, a theology rather than a secular theory, and one which is unappealing in a modern constitutional democracy. This book will be of interest to legal and political theorists, ethicists, theologians and scholars of religious history. (shrink)

In pre-democratic – also pre-modern – times, religion had been at the centre of much of human life, filling the private as well as the public realm of people’s daily existence. However, with the change to democratic rule in major countries in the modern world (see, most influentially, Article 1 of the French Constitution after the French Revolution and the First Amendment to the Constitution of the United States, influencing all other democracies in their wake), religion has for (...) the most part reflexively been sidelined from public life. Or has it? Does religion not still hold a special place in law in democratic societies, but now in reverse? Firstly, whereas matters of religious faith had throughout the greater part of human history been included in matters of politics, it is now as a matter of course of law excluded, purposely so. Religion is thus still a ‘special case’, a unique aspect of humanity when compared to all other matters, in law as much as in politics and other aspects of public life. Secondly, in the post-secular cultural climate dawning across the world, matters of faith (religion, spirituality) are no longer as stringently excluded from public life, which impacts directly on how religion is touched upon in law, sociology, philosophy, music and other academic disciplines too. Our dawning post-secular age is bringing something new. Two scholars, who have been doing foundational work in this regard, have done so fully in parallel, not taking cognisance of the mutualities in their academic contributions. Otto in Munich, Germany, has been combining his two areas of expertise, the Pentateuch in the Hebrew Bible and the sociologist Max Weber, to indicate the trajectory through history of democratic impulses from Ancient Near Eastern founding documents into the current era. Benson in Sydney, Australia, has on his part been drawing on his expertise in law as practised in Canada and taught in Europe, South Africa and Australia to indicate how, in inclusively liberal democracies, law cannot justifiably be used to exclude religion from the public domain, as has been the usual modern case. Drawing together these parallel contributions, Lombaard places these initiatives within the emerging post-secular climate, which augurs a different way of being religious or non-religious, publicly as much as privately, in democratic societies in our time. (shrink)

This new volume gives discursive shape to several key facets of the relationship among politics, theology and religious thought. Powerfully relevant to a wealth of further academic disciplines including history, law and the humanities, it sharpens the contours of our understanding in a live and evolving field. It charts the mechanisms by which, contrary to the avowed secularism of many of today's polities, theology and religion have often, and sometimes profoundly, shaped political discourse. By augmenting this broader analysis (...) with a selection of authoritative papers focusing on the prominent sub-field of political theology, the anthology offsets a startling academic lacuna. Alongside focused analysis of subjects such as conscience, secularism and religious tolerance, the discussion of political theology examines the tradition's critical moments, including developments during the post-World War I Weimar republic in Germany and the epistemological imprint the theory has left behind in works by political thinkers influenced by the three major monotheistic traditions. (shrink)

Most quantitative studies that survey nurses’ attitudes toward euthanasia and/or assisted suicide, also attempt to assess the influence of religion on these attitudes. We wanted to evaluate the operationalisation of religion and world view in these surveys. In the Pubmed database we searched for relevant articles published before August 2008 using combinations of search terms. Twenty-eight relevant articles were found. In five surveys nurses were directly asked whether religious beliefs, religious practices and/or ideological convictions influenced their attitudes, or (...) the respondents were requested to mention the decisional basis for their answers on questions concerning end-of-life issues. In other surveys the influence of religion and world view was assessed indirectly through a comparison of the attitudes of different types of believers and/or non-believers toward euthanasia or assisted suicide. In these surveys we find subjective religious or ideological questions (questions inquiring about the perceived importance of religion or world view in life, influence of religion or world view on life in general, or how religious the respondents consider themselves) and objective questions (questions inquiring about religious practice, acceptance of religious dogmas, and religious or ideological affiliation). Religious or ideological affiliation is the most frequently used operationalisation of religion and world view. In 16 surveys only one religious or ideological question was asked. In most articles the operationalisation of religion and world view is very limited and does not reflect the diversity and complexity of religion and world view in contemporary society. Future research should pay more attention to the different dimensions of religion and world view, the religious plurality of Western society and the particularities of religion in non-Western contexts. (shrink)

Balancing respect for religious conviction and the values of liberal democracy is a daunting challenge for judges and lawmakers, particularly when religious groups seek exemption from laws that govern others. Should members of religious sects be able to use peyote in worship? Should pacifists be forced to take part in military service when there is a draft, and should this depend on whether they are religious? How can the law address the refusal of parents to provide medical care to their (...) children--or the refusal of doctors to perform abortions? Religion and the Constitution presents a new framework for addressing these and other controversial questions that involve competing demands of fairness, liberty, and constitutional validity.In the first of two major volumes on the intersection of constitutional and religious issues in the United States, Kent Greenawalt focuses on one of the Constitution's main clauses concerning religion: the Free Exercise Clause. Beginning with a brief account of the clause's origin and a short history of the Supreme Court's leading decisions about freedom of religion, he devotes a chapter to each of the main controversies encountered by judges and lawmakers. Sensitive to each case's context in judging whether special treatment of religious claims is justified, Greenawalt argues that the state's treatment of religion cannot be reduced to a single formula.Calling throughout for religion to be taken more seriously as a force for meaning in people's lives, Religion and the Constitution aims to accommodate the maximum expression of religious conviction that is consistent with a commitment to fairness and the public welfare. (shrink)

Religion is intrinsically social, and hence irretrievably organizational, although organization is often seen as the darker side of the religious experience--power, routinization, and bureaucracy. Religion and secular organizations have long received separate scholarly scrutiny, but until now their confluence has been little considered. This interdisciplinary collection of mostly unpublished papers is the first volume to remedy the deficit. The project grew out of a three-year inquiry into religious institutions undertaken by Yale University's Program on Non-Profit Organizations and sponsored (...) by the Lilly Endowment. The scholars who took part in this effort weree challenged to apply new perspectives to the study of religious organizations, especially that strand of contemporary secular organizational theory known as "New Institutionalism." The result was this groundbreaking volume, which includes papers on various aspects of such topics as the historical sources and patterns of U.S. religious organizations, contemporary patterns of denominational authority, the congregation as an organization, and the interface between religious and secular institutions and movements. The contributors include an interdisciplinary mix of scholars from economics, history, law, social administration, and sociology. (shrink)

Tolerance implies both renunciation and negotiation, concepts that assume truth as relative. The rationality of religious faith does not acknowledge the existence of a shared truth, but history reminds us that religions could be directed through their social representatives to engage in social realities. This had been the case with Islam, despite the existence of strong structuring of knowledge and the Ulemas who play a vital role in its control and reproduction.

Voltaire, the pen name of François-Marie Arouet (1694-1778), was one of the most influential leaders of the French Enlightenment. His defense of individual freedom of conscience and his criticisms of religious fanaticism and oppressive orthodoxy had a telling effect on Western history, inspiring several leading founders of America's new laws. This is the first English translation of many of his key texts from his famous pamphlet war for tolerance, written from 1750 to 1768, originally published under pseudonyms to avoid (...) imprisonment and to educate the average citizen. Included are "The Sermon of Rabbi Akib" (a searing attack on anti-Semitism), "Prayer to God" (from the famous Treatise on Tolerance), the hugely popular "Catechism of the Honest Man," "The Dinner at Count Boulainvillier's," and other witty, sometimes acerbic pieces that point out the errors in the Bible, the corruption of the clergy, and the religiously-inspired persecutions, both of his day and across the ages. Many of these pamphlets were burned in a losing battle by the authorities. With a lengthy introduction and copious notes by the editor and translator, plus an appendix including first-hand accounts of the battle by noted mathematician and French revolutionary Condorcet, Frederick the Great, Irish writer Oliver Goldsmith, and others, this excellent compilation will be a welcome addition to the libraries of anyone with an interest in human rights and freedom of thought. (shrink)

The references to "Chicago" (meaning, of course, the University of Chicago) Schools of economics and history of religion, and the quotation of Allan Bloom, who may be considered to belong to a Chicago school of philosophy, may suggest a general endorsement of "Chicago" ideas. This is not the case.

Anscombe argues in “Modern Moral Philosophy” that obligation and moral terms only have meaning in the context of a divine Lawgiver, whereas terms like ‘unjust’ have clear meaning without any such context and, in at least some cases, are incontrovertibly accurate descriptions. Because the context needed for moral-terms to have meaning does not generally obtain in modern moral philosophy, she argues that we should abandon the language of obligation, adopting instead the yet clear and meaningful language of injustice. She argues (...) further that we should develop an account of human flourishing to answer the question why we need to be just. The essay contends that Aquinas has an account of obligation that requires neither a god nor an account of human flourishing, and that proceeds immediately from the common apprehension of justice Anscombe noted. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Islam: Religion, History, and CivilizationZain AliIslam: Religion, History, and Civilization. By Seyyed Hossein Nasr. San Francisco: Harper San Francisco, 2003. Pp. 224. Paper $9.71."Islam," writes Seyyed Hossein Nasr, "is like a vast tapestry," and in his book Islam: Religion, History, and Civilization he aims to survey the masterpiece that is Islam. The present work is part of a trilogy including Ideal and (...) Realities of Islam and The Heart of Islam. Nasr states that the common theme in the trilogy "is the universalist perspective and respect for other religions" (p. xxiv). In addition, Nasr clarifies that his approach, as with all of his Islamic writings, is to write from an Islamic perspective, which he terms "traditional Islam" (p. xxiii). Nasr stands opposed to either the secular modernist or fundamentalist perspectives, both of which he regards as forms of extremism.This book, initially published as part of Our Religions, edited by A. Sharma, is significantly revised and includes a new introduction and bibliography. It can best be described as a primer on Islam, consisting of eight chapters that focus on a variety of pertinent themes.Chapter 1 deals with the self-understanding of Islam and the Islamic world. Islam, Nasr notes, sees itself as a return to the primordial faith of humanity, a faith that affirms the unity and oneness of God. This chapter also presents an overview [End Page 495] of the various ethnic and cultural groupings within the Muslim world, and charts the spread and demographic growth of Islam.Chapter 2 introduces the notion of al-din, an Arabic term that corresponds closely to the word "religion." Nasr contrasts the two words, where religion means "to bind" while al-din means "debt" (p. 25). Thus, religion, as framed by Islam, involves the notion of debt, in particular humanity's debt to the Divine. The chapter also discusses the significance of the Qur'an and Muhammad as the messenger of God.Chapter 3 begins with an exposition of the nature of Divinity, which is at the heart of Islamic doctrine. As Nasr explains, the Divine is understood as being "at once the Absolute, the Infinite, and the Perfect Good" (p. 59). The remainder of the chapter deals with various Islamic doctrines and beliefs, including prophecy and revelation, human nature, the Qura'nic view of men and women, and eschatology.Chapter 4 deals with the content, codification, and schools of Shariah, the Divine Law of Islam. There is also an interesting discussion of Sufism, which Nasr claims "is like the heart of the body of Islam" (p. 81). Controversially, Nasr claims that "the spread of Islam outside of the Arab and Persian worlds up to the present day has been mostly through Sufism" (p. 87).Chapter 5 delves into the central pillars of Islam, which accompany the belief in God and in Muhammad as the messenger of God. The pillars are salah (canonical prayer), sawn (fasting), hajj (pilgrimage), and zakah (religious tax or charity). Associated with these pillars is the notion of jihad, and here Nasr writes, "jihad... is usually mistranslated into English as 'holy war,' but literally means 'exertion' or 'effort' in the path of God" (p. 91). Also covered are the topics of family, ethics, and economic and political institutions.Chapter 6 presents the historical evolution of Islam beginning with the migration of Muhammad to Medina, and the events leading to the divide between Sunnis and Shiites.Chapter 7 discusses the early Islamic community, who found themselves in the "throes of disputes over such issues as whether human beings are saved by faith or works, whether there is freewill or determinism, and questions concerning the sacred text as the Word of God" (p. 154). Nasr then explores the various schools of theology and philosophy that arose in order to address these questions of faith.Chapter 8, the final chapter of the book, attempts to evaluate the place of Islam in the contemporary world. Nasr concludes by noting that despite the challenges of secular modernism and fundamentalism the vast majority of Muslims remain committed to the truth of Islam, and bear witness to the Oneness of God and the Oneness of humanity.The one quibble... (shrink)

The use of general and universal laws in historiography has been the subject of debate ever since the end of the nineteenth century. Since the 1970s there has been a growing consensus that general laws such as those in the natural sciences are not applicable in the scientific writing of history. We will argue against this consensus view, not by claiming that the underlying conception of what historiography is—or should be—is wrong, but by contending that it is based on (...) a misconception of what general laws such as those of the natural sciences are. We will show that a revised notion of law, one inspired by the work of Sandra D. Mitchell, in tandem with Jim Woodward’s notion of “invariance,” is indeed applicable to historiography, much in the same way as it is to most other scientific disciplines. Having developed a more adequate account of general laws, we then show, by means of three examples, that what are called “pragmatic laws” and “invariance” do in fact play a role in history in several interesting ways. These examples—from cultural history, economic history, and the history of religion—have been selected on the basis of their diversity in order to illustrate the widespread use of pragmatic laws in history. (shrink)

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

New Approaches to Religion and the Enlightenment examines religious belief and practice during the age of Enlightenment from a range of disciplinary perspectives, including theology, the natural sciences, politics, the law, art, philosophy, and literature.

Cosmopolis A Review of Cosmopolitics -/- 2015/3-4 -/- Editorial Dominique de Courcelles & Paul Ghils -/- This issue addresses the general concept of “spirituality” as it appears in various cultural contexts and timeframes, through contrasting ideological views. Without necessarily going back to artistic and religious remains of primitive men, which unquestionably show pursuits beyond the biophysical dimension and illustrate practices seeking to unveil the hidden significance of life and death, the following papers deal with a number of interpretations covering a (...) wide field extending from belief to theory, from emotions to concepts, from the wisdom of personal experience to the most sophisticated doctrines. Spirit and spirituality are indeed many-faceted notions. They may refer to the intricate world of the interacting spirits which inhabit living beings in animistic traditions, without excluding a “grand force” linking human beings within a dynamic whole on which their very existence rely . They also bear upon more atomistic and either/or approaches of Western philosophy, which have become embodied in Cartesian dualism against a monotheist background, to the point of freezing the essence of individuals and culminating in the extreme individualism that characterizes our contemporaries. However, this equally refers to the opposite conception of materialism, across times and cultures, from ancient India and Greece (Cārvāka, originally known as Lokāyata, or some Buddhist doctrines for the former, Democritus or Lucretius for the latter) to more contemporary materialistic schools, whether modern or postmodern. -/- The following papers look at the contrasting forms of the philosophy and spirit of the human factor set into a whole, with no artificial disjoint between the psychical and the physical levels, as Wittgenstein put it: “And how can a body have a soul?”. This approach is not unrelated to the notion of anthropocene examined in a recent issue of Cosmopolis, with provides another comprehensive framework open to a spiritual life emerging from the very environment that generated it. -/- *** The first section of this issue was edited by Dominique de Courcelles, director at the National French Research Centre (CNRS), whom we wish to thank for collecting relevant studies relating to the religious and political questions, with a view to focusing on the war of ideas inevitably waged behind images, concepts and perceptions, taking an asymmetrical approach. To the extent that they are mindful of global/local interactions and include representations, opinions and beliefs, such disciplines as philosophy, philology, history and social sciences can provide useful studies accounting for new practices in geopolitics and a fair diplomacy. -/- In her introduction, Dominique de Courcelles first poses the question of how the religious and political spheres interrelate, with their corresponding religious demands and humanistic values. She then suggests that the right question today may be breaking with the philosophy of human rights concerned with the defense of human beings against the hazards of arbitrary politics or the instrumental use of religion, in favour of a fair philosophy of humankind, a new humanism. This would consist in recognizing a common loyalty of all towards one interhuman, not only interstate community, to protect it from both the autonomy demanded by individuals and the instrumental use of minorities. -/- Considering the fact of diversity, so important today in terms of both politics and religion, Abdelhai Azarkan looks at the conditions under which tolerance could obtain the double status of right and duty. He revisits to two philosophers, John Locke and Voltaire, who thought about it from the historical reality of religious wars. The former made tolerance into a right, basing his analysis on the political-legal level, while the latter saw tolerance as a duty, from an analysis based on ethical-political criteria. -/- Mathieu Guidère examines what he calls semantic denominationalism, a term which implies religious attributes and identities, whichever national loyalties or personal belonging they may have at the same time. Since the early 2000s, thie phenomenon has expanded tremendously, compounded by the “war on terror” and the over media-oriented terrorist actions. Denominational expressions act as formal names for ordinary and high-profile players in domestic and foreign policies of democratic states. These systems reveal a receding secularization, while the powerful comeback of religious identities signals the failure of nation-states and the weakening of the humanist spirit. -/- Barbara De Poli retraces the history of a contemporary jihadism claiming its Islamic essence and asserting the truth of genuine coranic principles via the war on infidels, with a view to restoring the Caliphate. After defining the term jihad, she shows that even if this contemporary jiadism is spreading in the Muslim world, it radically departs from Islamic law and the received use of the term jihad, in so far as it is rooted in the early radical thinking of Islamic ideologues in the 20th century, starting with with Hassan al-Banna, the founder of the Muslim Brotherhood. This current has been fueled by by international conflicts since the outbreak of the war in Afghanistan, in which the so-called Western countries bear a major responsibility. -/- Abderrazak Sayadi starts from the Tunisian experience to ask the question of humanist values and democracy within the relationships between the religious and political spheres. As a historian of religion, he is brought to demystify certain islamic principles and to paying attention to the reform of law, seeing the separation of religion and politics as a precondition to a successful democratic gamble and the establishment of a renewed humanism. -/- Dominique de Courcelles reminds us that getting a better knowledge of narrations and words makes it possible to better understand how logical and rhetorical thinking works for those who wage an asymetriccal war, re-enchanting and mystifying the world to better take control. As soon as 1932, an exchange of letters between Einstein and Freud made it clear that, in order to free man from fatality and war, education understood as culture was fundamental. Such illustrations as the exécution of Oussama ben Laden and the Caliph’s speech in Mossoul show that a premiminary analysis of images and words is essential to a fair diplomacy conducted by people from civil society, whose culture and wisdom allow justice and force to speak together and better resist war. -/- Marcel Boisard thinks that on the day the guns fall silent, exhausted by war, we will not return to the state borders that have prevailed for a century as an outcome of the Sykes-Picot agreement of 1916. It is time to prepare the “day after”, which will be a huge challenge. To this end, a summit of Middle-East nations is urgently needed to globally decide the fate of those peoples. On the condition that we know who the enemy is and accept to name it, to understand the history of the countries, groups and alliances, and to question any false or self-interested sense of certainty. -/- *** In the second section, Paul Schafer provides the author’s experiences to explain how culture, from the artistic to the biological, has the power to to open the doors to spirituality, from the inner self to the global environment. He asks himself whether a relative permanence of spirituality can arise from the specific moments that characterize it. Laurent Ledoux synthesizes the conclusion of a symposium held on 22 January 2015 on the links between philosophy and management, on the basis of the spiritual dimension conceived as “natural” and the answers it may suggest to the issues that face the organizations in a “contemporaniversal” world. Jacques Rifflet makes that question in a secular perspective, based on the wellsprings of personal commitment before it can be caught by any religious creed or scientific theory. In this sense spirituality, in alliance with reason, both inspires human consciousness and illuminates its destiny. Sami Aldeeb asks himself whether Islam can be reconciled with human rights. Caught between the belief in an absolute and final Word descended from the sky, and evidence showing that any religion is the creation of a given culture and a society situated in time and space, the Makkan and … contexts et médinois call for differentiated, if not opposite answers and exegeses. Bernard Carmona provides the outline of a dialogical framework, which is known to be a feature of debates between the various philosophical schools of classical India, exemplified here by the transdisciplinary perspective of debates within a Buddhist context. *** The articles not focused on the previous topic include a study by Landry Signé on China’s strategy, competing with the United States to control African resources. The author deals with the specific case of China’s rapprochement with Southern Sudan since Sudan was broken up. In the last paper, Goran Fejić and Rada Iveković, return to the essential role that women should play, and comments upon the role of some international legal instruments related in particular to the elimination of all forms of discrimination. The perspective is transnational and transethnic and is based on secular criteria, as regards nation-building and more generally society-building. Considering the persistence of widespread violence, whether in times of armed conflict or in times of peace, the question remains whether it is possible to fully implement rights and justice instruments. (shrink)

This is an English translation of my essay: Alfred Gierer Wissenschaft, Religion und die deutungsoffenen Grundfragen der Biologie. Mpi for the History of Science, preprint 388, 1-21, also in philpapers. Range and limits of science are given by the universal validity of physical laws, and by intrinsic limitations, especially in self-referential contexts. In particular, neurobiology should not be expected to provide a full understanding of consciousness and the mind. Science cannot provide, by itself, an unambiguous interpretation of the (...) natural order at the philosophical, cultural and religious level. The diversity of interpretations, however appears as a positive factor of cultural dynamics. Historically, the revival of the philosophy of nature in the middle ages included remarkable biological thoughts such as those of Eriugena and Thierry of Chartres. In this essay, emphasis is placed on basic issues of modern biology – the distinction of man and animal, the evolution of human mental capabilities, the physics of the universe as precondition for biological evolution, and the intricasies of the brain-mind-relation. They are open to agnostic as well as religious interpretations, the individual choice being mainly a matter of wisdom and not just of knowledge. -/-. (shrink)

The principle of modernity -- A history of religion -- Artificial populations -- The collective -- Images of truth from Anselm to Badiou -- The radical enlightenment of Spinoza and Kant -- Modernity as ground zero -- Of gods, laws, rabbis, and ends.

A.P. Martinich's interpretation that in Leviathan Thomas Hobbes believed that the laws of nature are the commands of God and that he did not rely on the Bible to prove this has been criticized by Greg Forster in this journal (2003). Forster uses these criticisms to develop his own view that Hobbes was insincere when he professed religious beliefs. We argue that Forster misrepresents Martinich's view, is mistaken about what evidence is relevant to interpreting whether Hobbes was sincere or not, (...) and is mistaken about some of Hobbes's central doctrines. Forster's criticisms are worth discussing at length for at least three reasons. He takes the debate about Hobbes's sincerity to a new level of sophistication; his misinterpretations of Hobbes may become accepted as correct; and his criticisms raise issues about the proper method of interpreting historical texts. (shrink)

The separation of church and state disguised the coordination of two very different conceptions of liberty at work in Revolutionary America, one with a religious basis in radical Protestant thought and the other with a legal basis in the secular Enlightenment. The essay combines the disciplines of law, literature, and intellectual history to investigate these contrasting formulations and their changing relationship. Cross-cultural analysis of the language of protest in both England and America gives the investigation a crucial focus. It (...) also explains a larger movement from direct influence to refraction in Anglo-American relations. (shrink)

While Japanese society in some respects appears to be very coherent, its history has frequently been one of internal tension and strife. Factionalism is strong even today, and takes both political and religious forms. When the indigenous Shinto religion was harnessed for political and ideological purposes in the 19th century, during a time of rapid national development, life was made very difficult for other religions such as Buddhism. The post-war Constitution of 1946 provided for the equality of all (...) religions under the law and the separation of religion, in particular Shinto, from the state. Since then, however, there have been a series of politically controversial questions, one of the most important being that of the legal status of Yasukuni Shrine, a Shinto institution, at which the war dead are commemorated. Various Buddhist and Christian groups have strongly opposed a movement to reconvert this shrine into a national institution. Since Yasukuni Shrine is at the centre of such sharp controversy, on which Chinese and Korean leaders have also recently commented, it will be introduced in some detail. At the same time Shinto in general, while ethnically oriented, has other important aspects, and some of its contemporary leaders seek international dialogue on subjects such as bio-ethics and environmental issues. (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)

This comprehensive historical exploration investigates the intricate relationship between religion and the evolution of civil laws. Throughout human history, the interplay between religious beliefs and legal systems has profoundly shaped societies and governance structures. From ancient civilizations to the modern era, religious authorities and teachings have acted as catalysts in shaping civil laws, often with the goal of promoting social justice. This article embarks on a journey through time, unraveling the multifaceted connections between religion and the development (...) of legal frameworks. In numerous societies, religious doctrines formed the cornerstone of civil laws and regulations. The majority of civilizations witnessed priests assuming pivotal roles as lawmakers, effectively coupling civil laws and religious practices. By examining various historical civilizations, this study illustrates how religious norms and practices were intertwined with legal codes, revealing instances where religious teachings played a crucial role in promoting adherence to laws. The transition to modern times witnessed the emergence of alternative means for law enforcement, yet religion’s role persisted as an internal driving force for fostering law-abiding behavior. Drawing from examples such as the Code of Hammurabi, Islamic legal traditions, and the Roman Twelve Tables, this article showcases historical instances where religious values contributed to legal principles centered around equity, justice, and morality. Additionally, the study explores how religion’s influence shifted over time, from early religious leaders acting as legislators to the establishment of more secular legal systems. (shrink)

This article discusses Archibald Campbell’s (1691-1756) early writings on religion, and the reactions they provoked from conservative orthodox Presbyterians. Purportedly against the Deist Matthew Tindal, Campbell crucially argued for two claims, namely (i) for the reality of immutable moral laws of nature, and (ii) for the incapacity of natural reason, or the light of nature, to discover the fundamental truths of religion, in particular the existence and perfections of God, and the immortality of the soul. In an episode (...) that had its peak in 1735 and 1736, a Committee for Purity of Doctrine of the Church of Scotland scrutinised Campbell’s writings. It attacked the second claim as contradicting Calvinist doctrines concerning the universal guilt of mankind after the Fall, and the first claim as contradicting doctrines concerning justification and salvation, and as supporting Deism. The study of this episode reveals new aspects of how the struggle to define orthodoxy crystallised in philosophical and theological debates in Scotland at the dawn of the Enlightenment, and before the rise of the Moderates. (shrink)

The law of God: these words conjure an image of Moses breaking the tablets at Mount Sinai, but the history of the alliance between law and divinity is so much longer, and its scope so much broader, than a single Judeo-Christian scene can possibly suggest. In his stunningly ambitious new history, Rémi Brague goes back three thousand years to trace this idea of divine law in the West from prehistoric religions to modern times—giving new depth to today’s discussions (...) about the role of God in worldly affairs. Brague masterfully describes the differing conceptions of divine law in Judaic, Islamic, and Christian traditions and illuminates these ideas with a wide range of philosophical, political, and religious sources. In conclusion, he addresses the recent break in the alliance between law and divinity—when modern societies, far from connecting the two, started to think of law simply as the rule human community gives itself. Exploring what this disconnection means for the contemporary world, Brague—powerfully expanding on the project he began with _The Wisdom of the World_—re-engages readers in a millennia-long intellectual tradition, ultimately arriving at a better comprehension of our own modernity. “Brague’s sense of intellectual adventure is what makes his work genuinely exciting to read. _The Law of God_ offers a challenge that anyone concerned with today’s religious struggles ought to take up.”—Adam Kirsch, _New York__ Sun_ __ “Scholars and students of contemporary world events, to the extent that these may be viewed as a clash of rival fundamentalisms, will have much to gain from Brague’s study. Ideally, in that case, the book seems to be both an obvious primer and launching pad for further scholarship.”—_Times Higher Education Supplement_. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:History of Philosophy and History of Ideas PAUL OSKAR KRISTELLER THE TF.~MS "history of philosophy" and "history of ideas" are frequently associated in current public and professional discussions, and many statements seem to suggest that the two terms are more or less synonymous, or that the former term, being old-fashioned, might well be replaced with the latter which for many ears appears to have a (...) more fashionable and glamorous ring. Hence there arises the question what each of these terms really means, or what it should mean, and whether and to what extent it is justifiable to identify them with each other, to reduce the history of philosophy to the history of ideas, or to treat the former as a part or subdivision of the latter. I am not convinced that these questions can be answered through an appeal to ordinary usage since this usage is fluid and reflects at best the intellectual formulations and decisions of a remote or recent past. We may have reason to question the very validity of these decisions, and perhaps to suggest or make different decisions, and in case we are successful and obtain a reasonable amount of approval, these different decisions will be reflected in the ordinary usage of tomorrow, though not yet in that of today. The attempt to discuss the meaning and relationship of the history of philosophy and the history of ideas is obviously difficult and hazardous. It involves not only the discussion of such complicated notions as history and philosophy (and idea), but also the shifting balance of the intellectual globe that includes the continents or territories denoted by those terms, and even of the academic globe that purports to be, with varying success, its faithful image. In a short paper, I cannot hope to present an original or adequate discussion of these difficult problems, but merely try to raise a few questions which to my knowledge have not received sufficient attention and may be of interest to philosophers and historians. The history of philosophy has been of recurrent interest to philosophers and other scholars, especially in classical antiquity and again in the Renaissance period. It came to occupy a central place in European thought during the last century, especially in the wake of German idealism. Hegel recognized "history" as a major area of reality and of philosophical concern, as Vico and Herder had done before him, and thus left a living heritage not only to his followers down to Croce and Gentile, but also to Marx and his [1] 2 HISTORY OF PHILOSOPHY disciples, and to many other thinkers who cannot be called Hegelians. Hegel also did not conceive political history in isolation, but in his phenomenology and philosophy of the spirit came close to a concept of culture or civilization in which political and social institutions, religion and the arts, the sciences and philosophy are interrelated as manifestations of the same spirit and subject to the same "dialectical" laws of historical development. The vast progress which the historical disciplines made during the nineteenth and early twentieth centuries, not only in the field of political and economic history but in the history of languages and literatures, of the arts and religions, and of civilization in general was not influenced by Hegel's theories, but rather opposed to them. Yet this vast body of knowledge and of learning imposed itself as an epistemological problem to such thinkers as Dilthey, Rickert, and Cassirer. Finally, Hegel considered philosophical thought itself as dialectical, that is, in a certain sense as historical, and thus foreshadowed not only Mannheim's sociology of knowledge, or Croce's claim that philosophy and history are identical, but also Heidegger's conception of historicity as a basic aspect or dimension of human thought and being. Within such a framework, the history of philosophy occupies a significant and even a central position for the philosopher since it elucidates the basic stages through which philosophical thinking passed before it reached its present situation. Any attempt to grasp or answer our present philosophical prob- ]ems thus presupposes at least a general understanding of the historical developments which have prepared or produced these problems. In the English-speaking world, both... (shrink)

With unflinching gaze and uncompromising intensity Julius Evola analyzes the spiritual and cultural malaise at the heart of Western civilization and all that passes for progress in the modern world. As a gadfly, Evola spares no one and nothing in his survey of what we have lost and where we are headed. At turns prophetic and provocative, Revolt against the Modern World outlines a profound metaphysics of history and demonstrates how and why we have lost contact with the transcendent (...) dimension of being. The revolt advocated by Evola does not resemble the familiar protests of either liberals or conservatives. His criticisms are not limited to exposing the mindless nature of consumerism, the march of progress, the rise of technocracy, or the dominance of unalloyed individualism, although these and other subjects come under his scrutiny. Rather, he attempts to trace in space and time the remote causes and processes that have exercised corrosive influence on what he considers to be the higher values, ideals, beliefs, and codes of conduct--the world of Tradition--that are at the foundation of Western civilization and described in the myths and sacred literature of the Indo‑Europeans. Agreeing with the Hindu philosophers that history is the movement of huge cycles and that we are now in the Kali Yuga, the age of dissolution and decadence, Evola finds revolt to be the only logical response for those who oppose the materialism and ritualized meaninglessness of life in the twentieth century. Through a sweeping study of the structures, myths, beliefs, and spiritual traditions of the major Western civilizations, the author compares the characteristics of the modern world with those of traditional societies. The domains explored include politics, law, the rise and fall of empires, the history of the Church, the doctrine of the two natures, life and death, social institutions and the caste system, the limits of racial theories, capitalism and communism, relations between the sexes, and the meaning of warriorhood. At every turn Evola challenges the reader’s most cherished assumptions about fundamental aspects of modern life. A controversial scholar, philosopher, and social thinker, JULIUS EVOLA (1898-1974) has only recently become known to more than a handful of English‑speaking readers. An authority on the world’s esoteric traditions, Evola wrote extensively on ancient civilizations and the world of Tradition in both East and West. Other books by Evola published by Inner Traditions include Eros and the Mysteries of Love, The Yoga of Power, The Hermetic Tradition, and The Doctrine of Awakening. (shrink)