The fall of the Berlin Wall in October 1989 bears a striking resonance with the biblical fracturing of the curtain in the Jerusalem temple. It presaged the death of the post-war dispensation of Church-state relations characterised by a Church that was, in the main, subservient, acquiescent and complicit to the apartheid regime in South Africa, as well as the oppressive one-party state regimes north of the Limpopo. As the Berlin Wall collapsed, the dispensation characterised by (...) either neutrality or docility and co-option of the Church to the Apartheid and Independent states gave way to the birth of a 'prophetic' Church, which would not only gain a new lease on life, but would become a robust interlocutor of the post-Cold War state. The latter is exemplified by historical signposts such as the Rustenburg Declaration, the Pastoral letter of the Zambia Catholic Bishops Conference and the Pastoral letter by the Catholic Bishops of Malawi, among others. This paper is an analytical desktop study, which will be based on the published literature. (shrink)

In this paper inter-denominational cooperation is treated as part of the church-state relation because the propensity for inter-denominational cooperation is influenced by the legislative framework that regulates church-state relations. Although inter-denominational cooperation is hard to achieve, the author argues that some policy solutions are accessible to the government to encourage churches to cooperate at the level of church-based NGOs. The model is similar in some aspects to the faith-based and community initiatives developed in the (...) United States. The author also attempts to uncover the possible problems that arise when dealing with the potential for inter- denominational cooperation. (shrink)

Until recently, the name of Metropolitan Alexy was mentioned by researchers, mainly historians and religious scholars, mostly in the context of the problem of the split of the Orthodox Church in the Ukrainian lands during the years of the Great Patriotic War of 1941-1943 as the head of the Autonomous Church. At the same time, he remains almost unknown as a religious thinker, and meanwhile, in his numerous theological-philosophical and historical-religious studies works, the bishop raised the most devastating (...) religious and spiritual problems of society and person, many of which have not lost their relevance to this day. Since Ukraine began to realize itself as a democratic country, the process of revising the relations of our state with various social institutions, including the Church, began to find a model that would ensure the harmonious development of both the state and the Church. In this context, the study of the views of one of the prominent hierarchs of intellectuals Metropolitan Alexy on church-state relations is very important and relevant. (shrink)

Iurii Kovalenko.Orthodox theological understanding of church-state relations in Ukraine at the time of development of Media and Information Technology. The author, who for many years was the press-secretary to the Primate of the Ukrainian Orthodox Church, considers continuity UOC position on the principles of church-state relations and their genesis in accordance with the socio-political processes taking place in Ukraine, the development of media and information technology.

The work of René Girard invites us to re-imagine a ‘religious–secular’ interactivity within social space in a way released from the violent dualisms of the ‘sacred/profane.’ Earlier Dietrich Bonhoeffer considered the same task and suggested directions for a positive theology of church-state relations, even as the inherited forms of these institutions were collapsing about him. This paper explores the Girardian scenario for church and state becoming rivalrous ‘doubles’– whether it be secular utopic projects doubling religious (...) narratives of redemption, or churches doubling the state as parallel yet purer societies – and suggests resources from Bonhoeffer by which a non-rivalrous church-state relationality - both mutually-constituting and mutually-limiting - may be configured. (shrink)

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

This article reconstructs the biography of a little-known Italian priest, Francesco Bellisomi (1663–1741), in order to trace the intellectual and political dimensions of religious reformism in early eighteenth-century Europe. Its primary objective is to demonstrate the causal relationships between three trends: firstly, pietistic spiritual reform influenced by mystical theology; secondly, ecumenical dialogue among Protestants and between Protestants, Catholics and Orthodox Christians; and thirdly, the political articulation of the non-confessional state. By following a persecuted Bellisomi from Pavia to Rome, and (...) then on to Venice, Vienna, Halle, Berlin and London, it depicts the strands connecting the political, intellectual and religious environment on the Italian Peninsula, within the Holy Roman Empire and in the British Isles. From the latter seventeenth century, the equation of confessionalism – the alliance of a confessionalising church and a centralising state – was being undermined across Europe. One factor in this process was enthusiasm for a supra-confessional ecclesia universalis, the nature of which was highly contested. Bellisomi’s life offers a unique window onto this networked and inter-confessional intellectual culture. (shrink)

In this paper I will deal with the question of the religious education in the public schools in Romania, from the point of view of the relationship between Church and State. My quantitative and qualitative analysis of the bills concerning religious education, the way in which law has been applied and some of the consequences of this application wants to circumscribe the meaning of some concepts such as religious liberty and the new religious forms. The basic consequence of (...) this I hope will be the redefining of the notion of public space and of the role played by religion with its characteristic aspects: the relationship between state and religious organizations. This will clearly show the essential bond between two main aspects of religious liberty: the formal aspect - legal and institutional - and the informal aspect – an aspect connected to the personal and social attitudes regarding the new forms of religious behaviour. (shrink)

Before talking about the vision of Orikhov's essence of the relationship between the church and the state, one must first determine what the church is about - Catholic or Orthodox. After all, the thinker lived in Poland when there were still strong, even parity positions of both denominations. He himself was brought up in a family where his father was Catholic and his mother was Orthodox. This was reflected in his mentality: he repeatedly publicly stated the benefits (...) of certain tenets of the Orthodox faith. But most of all he settled on the problem of relations between the Catholic Church and the state. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Walking the Bodhisattva Path/Walking the Christ PathU.S. Conference of Catholic BishopsCatholics and Buddhists brought together by Dharma Realm Buddhist Association, the San Francisco Zen Center, and the United States Conference of Catholic Bishops (USCCB) met 20-23 March 2003 in the first of an anticipated series of four annual dialogues. Abbot Heng Lyu, the monks and nuns, and members of the Dharma Realm Buddhist Association hosted the dialogue at the (...) City of Ten Thousand Buddhas in Talmage, California. The community had transformed their Confucius Hall into a chapel, with a large, newly constructed wooden cross on a wall above an altar facing out from a raised platform, so the Catholic delegation would have a space for worship. A special poster announcing the theme of the conference, "Walking the Bodhisattva Path/Walking the Christ Path," showing a Buddhist dharma wheel at one foot of a bridge and a Celtic cross at the other foot, had been created by the hosting community.The daily schedule for the dialogue did not interfere with the monastic routine at the City of Ten Thousand Buddhas, which included early morning chanting (4:00-5:00 am), daily rituals in the Buddha Hall, and the single large meal for monastics before noon to which all participants were invited. Catholics and Buddhists meeting in the dialogue began each day with an optional forty-five minutes of quiet sitting together in the monastery meditation hall, each following their own form of meditation and prayer. There was a Eucharist on Friday and Saturday evenings for the Catholics and to which the Buddhists were invited, and additional meals of breakfast and supper throughout the meeting at the City's Jyun Kang Restaurant.Fourteen Buddhists and fourteen Catholics participated in the formal discussions. Each participant spoke on what it means to them to follow Christ or the way of the Bodhisattvas or enlightened beings. In addition to speaking, each participant distributed a short passage, usually from a traditional text, on this topic. Several passages from Master Dogen's Shobogenzo and the Gospel of John were among those shared by the group. Other passages shared were taken from the Avatamsaka Sutra and the Shurangama Sutra and from the other gospels and the writings of Zen master HakuinZenji, the Dalai Lama, Korean Zen Master I-sahn Hye-yeon, the teachings of Master [End Page 247] Hsuan Hua, Shantideva, Origen, St. Ignatius, St. Benedict, the author of The Cloud of Unknowing, St. John of the Cross, and Chiara Lubich. A minute of silence separated the fifteen-minute segments for each presentation. With so large a group, most of the time in the formal sessions involved listening to series of presentations; however, during discussion periods the participants asked several challenging questions of one another.Some participants noted the tension they felt between belonging to a particular religious group and the need to let go of any consequential narrowness. The goal of the discussion was to promote understanding of the differences and similarities between Christianity and Buddhism. At one point, the participants noted several concerns about mutual enrichment: whether Buddhist methods can be separated from Buddhism and Christian methods from Christianity, and what specific aspects of Christian practice truly enrich Buddhists and which Buddhist practices likewise enrich Christians. Several times participants discussed their understanding of terms such as transformation, grace, the incarnation and the passion of Jesus, discernment of spirits, prayer, Buddha-nature, and related terms. There was consensus that Buddhists and Catholics can practically help one another regarding mental cultivation and religious precepts. They expressed this consensus in their choice of the topic forthe next dialogue, "Transformation of Hearts and Minds: Chan/Zen-Catholic Approaches to Precepts."The group agreed to reconvene in 2004 to respond to six presentations, three from each side, on different aspects of this topic.Chairing the sessions were Rev. Heng Sure for the Dharma Realm Buddhist Association, Rev. Taigen Dan Leighton for the San Francisco Zen Center, and Bishop John Webster for the United States Conference of Catholic Bishops. Their three organizations are the sponsors of the Northern California Chan/Zen-Catholic Dialogue. Chan and Zen are respectively the Chinese and Japanese terms for the meditation school... (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)

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

This introduction is divided into two parts. First, drawing on Paul Guyer’s suggestion that we should turn to Kant to reinvestigate the foundations of religious liberty, I outline Kant’s views on the relations between the ethical and the political community, as presented in Part Three of the Religion within the Boundaries of Mere Reason, focusing in particular on his arguments for separation between religion and the state. Examining critically the idea to employ Kant in contemporary debates, I claim (...) that Kant’s account of pure moral faith and the church as its ‘vehicle’ may pose difficulties for any argument for religious liberty that appeals to his thought. For Kant is better equipped to offer resources to overcome rather than to accommodate the fact of so-called “moral pluralism,” i.e. the condition in which the principle of religious liberty can find its application. In the second part, I summarise the arguments of the authors who contribute to this volume: D. Jakušić, W. Kozyra, S. Lo Re, G.E. Michalson Jr., and S.R. Palmquist. (shrink)

This paper looks at the state of research on churchstate relations in post-communist Romania in order to provide an outline of the most important questions which need to be addressed in the coming years. The article consists of two parts. First, a survey of academic studies published over the past two decades on the relationship between the country’s churches and state after 1990. Secondly, a breakdown of pressing churchstate issues today, accompanied by short discussions of existing studies (...) and suggestions as to what future research should probe into. (shrink)

this paper has a double objective. On the one hand, it aims to examine Leibniz's approach to church-state relations, a central question in early modern political philosophy that has rarely been discussed in the context of the philosopher of Hanover despite the fact that his political texts contain much to be appreciated on the topic. On the other hand, it aims at providing a prominent example of how Leibniz's political philosophy, contrary to what is often held, was (...) not exclusively grounded in the metaphysical principles of 'universal jurisprudence,' that is, the eternal and immutable principles of justice common to God and men. I argue that Leibniz realized that applying those principles in human jurisprudence... (shrink)

When the Church of Sweden ceased to be a state church in the year 2000, the parameters for a change in the relation between academic theology and religious studies ( religionsvetenskap ) at the state universities in Sweden was in place. My article, which is intended as a contribution to the sometimes unnecessarily agonistic discussion following the sharp critique levelled by the Swedish National Agency for Higher Education (Högskoleverket) in 2008, focuses on two basic oppositions underlying (...) the present discourse, namely the tension between the expectation of economic utility and the ideal of a free search for knowledge; and that between, on the one hand, confessional neutrality and, on the other hand, the education of priests and pastors. As a conclusion, I suggest a way forward in three points: 1. The education of priests for the Church of Sweden must change as a result of the abandonment of the state church system. 2. At the same time, the state system should nurture a more positive attitude toward theological reflections developed at nongovernmental university colleges. 3. Thirdly, the interrelationship between secular religious studies at state universities and the tradition specific theologies developed at private university colleges could be essential for the balancing of the demand of economic utility and the principle of academic freedom as it concerns religious studies. (shrink)

Understanding the historical retrospective of state-confessional relations becomes especially relevant in connection with socio-political changes of the XX - the beginning of the XXI centuries. The Roman Catholic Church, as one of the subjects of these relations, increasingly expresses its attitude to socio-political events. Historical experience of the existence of the Roman Catholic Church testifies that the mentioned institution has had a significant impact on all spheres of public life, in particular political. In this context, (...) we note that the beginning of the XXI century. once again reveals the tendencies of the influence of the religious-church factor on the political life of many countries of the world, in the middle of which Ukraine. This influence is characterized by tension, a very complex dynamics, an increase in the interference of the political structure of religious affairs. Considerable interest in this aspect, in view of the sharp change in the political course of party-state leadership in relation to the Roman Catholic Church, is the final period of the Second World War. (shrink)

The more than thirteen-year co-existence of the Ukrainian state and the Church in the qualitatively new conditions prevailing in the post-Soviet space together with the formation of an independent Ukraine, functioning during this period of state-church relations give reasonably reliable grounds for scientific analysis, a number of generalizations and conclusions regarding the results and conclusions conditions of state policy on religion, church and religious organizations, ensuring in Ukraine the right of everyone to freedom (...) of world view and religion - on the one hand, and repair and optimize -tserkovno and religious life - on the other. (shrink)

The article discusses the processes of representation of Armenian Apostolic Church in various spheres of society. The establishment of mutual relationships with the Apostolic Church became strategically important for the state. The article deals with the processes of the establishment of democratic institutions and influential role of Apostolic Church. From this point of view, the state’s official support to the Armenian Apostolic Church can question the principles of religious freedom. The historical role of the (...) Armenian Apostolic Church in maintenance of Armenian identity enables Armenian Church to legitimize its privileges and dominant position in the society. The official cooperation between the Armenian state and the Apostolic Church are towards the maintenance or establishment of state hegemony in the society. The theory of Italian Marxist Antonio Gramsci will be used to illuminate abovementioned characteristics of church-state relationships in Armenia. (shrink)

This paper presents the overview of the State-Religion relations in the Philippines, identifying the contributions and participatory roles of the churches or religious bodies in the society. It also deals with the historical Constitutional framework that built the country as a nation, in the light of recognizing the Church-State separation of responsibilities. It also illustrates the contextual analysis and assessment of the fragility of the current relationship between the State and Religion. Finally, it deals with (...) the distinct functions that both State and Religion have to protect the common good. (shrink)

In the socio-economic, social and political life of the Right-Bank Ukraine, Orthodox, Roman Catholic and Greek-Catholic denominations were involved in one or another way.

Thomas Hobbes argued for absolute sovereignty, and claimed that in Christian countries the sovereign was fully empowered to govern the church as well as the state. There are grounds for seeing Hobbes as a staunch opponent of religious toleration, and a number of scholars support some variation of this position. This chapter examines the case for and against the idea of the tolerant Hobbes, beginning with his views on the clergy, and the historical context of those views, especially (...) in the debates on church–state relations that preoccupied his English contemporaries. Hobbes noted that clerics were commonly funded by tithes, which were a tenth of the incomes of the laity to whom they catered. Many English Protestant supporters of toleration drew the line at tolerating Roman Catholicism. Hobbes contended that “there is Publique, and Private Worship”. The precept that states should establish the uniform, public worship of God stemmed, in his opinion, from reason and nature. (shrink)

Using the term "model" for such a specific sphere of social existence as state-church relations, we will have in mind, firstly, the logical and legal analogy of the real system of state-church relations in Ukraine, and secondly, the social and legal system that results both self-development and the assimilation of world experience in the regulation of relations between the institutions of the state and religious-church organizations.

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

The rethinking of the events of the Soviet past largely concerns the sphere of church-state relations. The significant losses of cultural and architectural heritage during the Soviet period make it expedient to study the mechanisms of liquidation of church buildings in the second half of the 1960s. The purpose and objectives of the article. To determine the principles of state policy in the field of religion and methods of its implementation by party-state structures concerning (...) the church network of the Russian Orthodox Church in the Ukrainian SSR. The research methodology. The research methodology is based on a set of philosophical, general scientific, and historical methods and principles. To solve the specific tasks of the study, the principles of objectivity, historicism, systematicity, and comprehensiveness were also used. Research results. The period of the second half of the 1960s was marked by the liberalization of official views on the religious sphere, the abandonment of repressive methods of fighting religion and the Church, the beginning of the latent destruction of sacred buildings, and the dominance of the Soviet state’s nihilistic attitude toward cultural heritage. The Russian Orthodox Church remained entirely subordinate to the Soviet state, which disregarded its legitimate rights and interests. Discussion. The repressions of the “Thaw“ period and the failure of building a communist society led to a loss of public confidence in the possibility of a just welfare state. It became clear that by practicing persecution, restricting the rights of priests, and banning them from studying in theological schools, the Soviet government was undermining its authority. Therefore, in the 1970s, ideologues of the CPSU Central Committee proposed a new model of churchstate relations — the adaptation to communism. There were no fundamental changes in party policy, as it was based on the Marxist doctrine of religion as the opium of the people. The anti-church orientation of state policy remained, only its forms and methods were transformed. The period of massive closure of Orthodox churches was replaced by a new long-term period, called the period of “streamlining the religious network”. Conclusions. One of the directions of the state’s policy towards religion in the mid-1960s was the targeted liquidation of religious buildings of the Russian Orthodox Church. The main reasons for it were the ideological and political priorities of the state leadership. The closure and destruction of religious buildings were systematic actions of the party-state structures in the process of implementing their policy in the field of religion in the Ukrainian SSR. (shrink)

This is a Political Economy study on migrants-citizens relations management in the United States of America, with special attention to the religious factor and the pendulum effect. There is a model switch, from integration policies to official persecution, under a high social opportunity cost. Also, there is a split between the State and civil society, causing civil disobedience and sanctuary network across the country. The paper focuses on the development of the Sanctuary Movement, as a case of popular (...) action against to the power elite policies and their sanctions. There was a revival of this movement during the values crisis or 2008 recession, but at the same time there was a critical division into the movement, with higher tension for the migrants. (shrink)

The central issues of regnum versus sacerdotium have been obscured by a concentration on personalities and a murder in a cathedral. Cantor is also concerned with personalities, but in this thorough study of church-state relations in Anglo-Norman England, he goes behind the legend and ably demonstrates that the controversies which were dramatized in blood in 1170 had already been settled by politico-ecclesiastical negotiations more than half-a-century earlier. The main interest of the study is in Cantor's discussion of (...) St. Anselm as an aging ecclesiastical statesman trying to avoid the extremes of that "fanatical high Gregorian" Paschal II, while insisting on the ending of lay investiture despite Henry I's opposition.--H. G. K. (shrink)

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

The democratic transformations that have taken place in our country since independence have laid the foundations for new state-church relations. The relations between the state and the Church in this situation have acquired fundamentally new qualities, which, unlike the past, are characterized by a generally stable partnership, mutual respect and cooperation. Such relations are enshrined in the Constitution of Ukraine, the Law of Ukraine "On Freedom of Conscience and Religious Organizations", other legislative acts (...) and international legal agreements. (shrink)

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

A central question that arises when interpreting the U.S. Constitution is which theory of interpretation is the best? In his recent book, “How to Interpret the Constitution,” Cass Sunstein reviews various theories of constitutional interpretation currently in vogue and then offers what he believes would be the best approach going forward. In this Article, I want to take up a more basic question presupposed by the very idea of a theory of interpretation. That is, whether it is even possible to (...) arrive at more than a provisional understanding of what would be the best interpretation in any given area of study, including constitutional law. That said, I do believe some of the interpretations suggested by Cass Sunstein and elsewhere by myself and others to be more persuasive than most others, even if only partially so. For, as Sunstein himself points out, no theory seems perfect to figure out the Constitution’s meaning in every possible world in which we could imagine it to exist. So, we best just focus on our own world or what we take to matter in our world. In keeping with this idea, I plan to begin by looking first at how we might interpret the world around us based on our past experiences by considering a somewhat imaginative recent experience of my own. Next, I consider some recent studies in the neurosciences and a previous but highly influential article by the philosopher Donald Davidson concerning conceptual schemes and whether we could ever hope to make any sense of a scheme radically different from our own. Here it should be pointed out that I will use the word “scheme” when referring to a very broad system of thought for which there may not be much outside, versus when I use the word “framework,” as referencing something far narrower than a whole system of thought, even if what is referenced might purport to be a significant part of a still larger system. My goal is to eventually adopt John Rawls’ public reason method to separate out non-workable systems of thought as might be part of a particular religious or philosophical tradition that cannot be easily tied to any other system of thought easily imagined within a pluralistic society. I plan to do this by relating how Rawls’ public reason might allow for the creation of a moral interpretation of the Constitution adopting the moral theory of Alan Gewirth. The latter I adopt because its grounding does not presuppose any prior moral or religious framework. I then apply that interpretative method to five cases Sunstein believes are fixed points in our current constitutional understanding. In short, I plan to isolate out an area of human rights where even very different understandings of the world might be able to meet, while acknowledging that there will still be other areas that simply evade any common connection. I hope what I offer here to be of help for a theory of constitutional interpretation that focuses on morality, without having to compete with various religious frameworks going forward. (shrink)

Compelled by recent public and politicized cases in which withdrawal of nutrition and hydration were at issue, this essay examines recent Church statements and argues that the distinction between private and public forms of human life is being lost. Effacing the distinction between the sphere of the home (oikos), where the maintenance of life (zoē) occurs, and the city (polis), where political and public life (bios) occurs, may have unforeseen and unwanted consequences. Through their well-intentioned efforts to preserve the (...) sanctity of life, certain bishops and the Congregation for the Doctrine of the Faith have unfortunately brought political considerations into the home, taking decision-making authority away from those most intimately related to the patient. Thus, the question of removing nutrition and hydration in the case of patients such as Schiavo and Englaro becomes politicized and abstract, in contrast with the Church's previous positions on the importance of proportionate means in the maintenance of life, local decision making, and its recognition of life as a penultimate end. (shrink)

An analysis of the European system of values in relation to power relations and confessions / churches allows us to distinguish several basic approaches.