The integrity of religious believers

ABSTRACT

According to Cécile Laborde, persons with religious commitments that are incidentally burdened by generally applicable laws should, under certain circumstances, be provided with an exemption from those laws. Laborde’s justification for this view is that religious commitments are a type of commitment with which a person must comply if she is to maintain her integrity. I argue that Laborde’s account is insufficiently demanding in terms of the other-regarding attitudes it expects people to have before they can make claims to exemptions based on their integrity. The reason it is insufficiently demanding is that Laborde’s account rests on what I call a ‘non-moralised’ view of integrity. I raise some criticisms of this view and defend the alternative, ‘moralised’ view of integrity, according to which the value of a religious person’s integrity depends on whether the practice she wishes to perform complies with certain moral constraints.     

Religion and discrimination: extending the ‘disaggregative approach’

ABSTRACT

Cécile Laborde’s disaggregation strategy, which is convincingly applied to religion, liberal neutrality, and freedom of association, should be extended to discrimination, in order to more systematically determine whether, when, and why indirect religious discrimination is unfair. Moreover, while Laborde’s distinction between the ‘Disproportionate Burden scenario’ and the ‘Majority Bias scenario’ is a powerful alternative to the discrimination-focused account of the justifiability of religious exemptions, the epistemic status of that distinction is not immediately clear. A case can be made that Disproportionate Burden and Majority Bias do not map onto different types of minority exemption claims. They are perspectives or analytical frames that may jointly and usefully be applied to most instances of such claims.     

Toleration,neutrality, and exemption

ABSTRACT

I focus on some controversial features of Peter Balint’s stimulating and provocative reassessment of the place of toleration in contemporary diverse societies. First, I question his argument that we must enlarge the concept of toleration to include indifference and approval if toleration is to be compatible with state neutrality. Secondly, I suggest that his idea of active neutrality of intent risks encountering the same difficulties as neutrality of outcome, although these will be mitigated the more the state’s neutrality takes a ‘hands-off’ form. Thirdly, while accepting his claim that exemptions depart from neutrality insofar as they attribute a significance to religious and conscientious convictions that they deny to mere preferences, I argue that that departure is not arbitrary and remains within the spirit of neutrality of intent.     

Civil society and the contemporary threat to religious freedom in Bangladesh

ABSTRACT

Against the international backdrop of rising religious tensions, this article explores contemporary civil society views on religious freedom in Bangladesh. It uses critical frame analysis of the corpus of civil society organizations’ (CSOs) submissions to the United Nations’ third cycle Universal Periodic Review (UPR), 2013–18. It provides a timely assessment of Bangladesh’s fulfilment of international obligations on religious freedom, and shows how the politicization of religion and the resultant conflict between ‘secularism’ and ‘extremism’ have been fuelling inter-communal tensions and religious intolerance. In particular, CSOs’ UPR submissions present powerful accounts of the principal human rights pathology affecting the country today, religious-based violence. This is accompanied by a narrative of police malpractice, judicial failings, discrimination, oppression and incitement. A further key finding is ‘situated knowledge’ or first-hand accounts of legal restrictions and government repression of civil society organizations. Consonant with the classical work of liberal theorists, we argue that unprecedented importance now attaches to safeguarding civil society criticality in order to defend religious freedom and uphold human rights in the Republic.     

On Liberalism’s Religion

ABSTRACT

This chapter addresses two crucial issues raised by Laborde’s superb Liberalism’s Religion. The first pertains to where the liberal democratic modern state draws the line between the self-governing prerogatives of religious nomos communities and their regulation by the civil law; the second pertains to the prerogative of the state to do the relevant line drawing. Theorists concerned with religious freedom focus on the first set of questions under the rubric of ‘accommodation.’ The issue is unfair discrimination. I focus on Laborde’s approach to the second. This is again an important issue due to the recent revival of jurisdictional political pluralism: an approach that challenges the supremacy of the civil law and of the authority of the sovereign state over domestic religious authorities. I suggest more work must be done to parry those challenges.     

Laborde’s religion

ABSTRACT

Cécile Laborde’s Liberalism’s Religion proposes liberal principles to address political controversies over religion. One is the public reason requirement that reasons for state policies should be accessible. Another is the civic inclusiveness requirement according to which symbolic religious establishment is wrong when it communicates that religious identity is a component of civic identity. A third is the claim that liberal states have meta-jurisdictional authority to settle the boundary between what counts as religion and what counts as non-religion. The article considers whether Laborde has managed to articulate these three principles in a way that is operationalisable and can serve to provide solutions to practical controversies over religion. It is argued that Laborde’s formulations leave important issues open, and some ways of settling these issues are considered.     

Three cheers for liberal modesty

ABSTRACT

Many liberals have been immodest in postulating that their own progressive, secular liberalism is the only one that can be justified in public reason. In Liberalism’s Religion, I articulate a more modest theory of liberalism and religion. While I personally endorse progressive secular liberalism, I argue that it is only one of the reasonable conceptions of liberal justice. This liberal modesty has profound, hitherto unnoticed implications for (i) the role of religious arguments in the public sphere, (ii) the legitimacy of religious establishment, and (iii) the justifiability of religious exemptions. In this article, I defend these three claims by providing replies to my critics.     

Democratic Norms and Means of Communication: Public Sphere,Fourth Estate,Freedom of Communication

Abstract

This article assesses some major democratic norms commonly invoked in relation to means of communication or ‘media’, especially in the context of ‘media policy’. The paper argues that freedom of communication provides the most appropriate normative discourse in which to re-articulate the case for the European policy practice of ‘regulated pluralism’ outside Europe. Recent developments in Australia provide a brief case-study of this thesis.     

Liberalism and religion: the plural grounds of separation

ABSTRACT

In what sense, and to what extent, should a liberal state be secular? Many interpret liberal-egalitarian political theory as dictating a radical separation between church and state. Against this view, Cécile Laborde has powerfully argued that, in fact, liberal-egalitarianism is not committed to strict separation as such. Laborde understands the liberal-egalitarian commitment to separation as ultimately grounded on a principle of neutrality. However, she argues that the conception of neutrality to which liberal egalitarians are committed is much more ‘restricted’ than it is often thought. If a commitment to separation is derivative from a commitment to neutrality, then, if neutrality is restricted, secularism is minimal. This means that not all forms of religious establishment should be regarded as impermissible from a liberal-egalitarian perspective. Contra Laborde, I argue that restricted neutrality should not be understood as the only ground of separation. Separation has plural grounds. Forms of religious recognition that do not violate any of the requirements of restricted neutrality may still be regarded as impermissible from a liberal-egalitarian perspective, if they (1) violate a basic commitment to fairness, (2) treat citizens in a patronizing way and/or (3) violate, in their justification, a requirement of sincerity, as grounded on reciprocity.     

Laborde,liberalism, and religion

ABSTRACT

In this introduction, we provide a brief overview of the debate on religion in political philosophy. We present the main arguments defended by Cécile Laborde in Liberalism’s Religion and explain how these arguments contribute to the debate.     

Providence Lost: ‘September 11’ and the History of Evil

Abstract

This paper discusses the philosophical significance of ‘September 11’ by relating it to attempts that have been made throughout the history of philosophy to read particular events as symbols of conceptual change. It draws especially on Susan Neiman's Evil in Modern Thought and Giovanna Borradori's dialogues with Derrida and Habermas, in her Philosophy in a Time of Terror, to relate ‘September 11’ to Kant's versions of Progress, Providence and Cosmopolitanism.     

Conceptualizing lived religious citizenship: a case-study of Christian and Muslim women in Norway and the United Kingdom

The concept of ‘religious citizenship’ is increasingly being used by scholars, but there are few attempts at defining it. This article argues that rights-based definitions giving primacy to status and rights are too narrow, and that feminist approaches to citizenship foregrounding identity, belonging and participation, as well as an ethic of care, provide a more comprehensive understanding of how religious women understand and experience their own ‘religious citizenship’. Findings from interviews with Christian and Muslim women in Oslo and Leicester suggest a close relationship between religious women's faith and practice (‘lived religion’) and their ‘lived citizenship’. However, gender inequalities and status differences between majority and minority religions produce challenges to rights-based approaches to religious citizenship.     

Occupancy rights: dynamic as well as located

ABSTRACT

Anna Stilz’s Territorial Sovereignty (2019) aims to be a revisionist account of territorial rights that puts the value of individual autonomy first, without giving up the value of collective self-determination. In what follows I examine Stilz’s definition of occupancy rights and her emphasis on the moral relevance of what she calls ‘located’ life plans. I suggest that, if it aims at being truly revisionist, her theory should work with a broader definition of occupancy. So long as it doesn’t, these rights will be mainly the preserve of groups of settlers and peoples with predictable patterns of movement. Moreover, insofar as occupancy rights ground collective rights to self-determination, they actually have the potential to trump individual rights to what I call ‘dynamic’ or non-located occupancy. This is worrying, I claim, for at least two reasons. First, rights to dynamic occupancy are arguably as central for respecting individual autonomy as rights to located occupancy. And second, rights to dynamic ocupancy should be seen as key in helping to form the kind of political allegiances required to overcome the most pressing collective action problems that humanity faces.     

Capturing Facades in ‘Conflict-Time’: Structural Violence and the (Re)construction Vukovar's Churches

Abstract

The siege of Vukovar in 1991 set the precedent for the urban warfare which characterised the dissolution of the former Yugoslavia. The destruction of urban religious heritage during the siege played a key role in ethnicising the conflict. Although the war is over, peace remains elusive—the city remains in ‘Conflict-time’ marked in part by competitive (re)construction; strategic neglect; and ‘neutralisation’ of religious architecture and sacral heritage. This article questions why Vukovar's churches became and remain flashpoints of contestation and seeks to understand their spatial and visual impact on this contested city.     

John Locke and the Limits of Religious Liberty: Marriage License Refusal,Religious Freedom Laws,Vaccine Refusal,Contraception Mandate Exemptions,and Ultrasound Requirements

Nearly two hundred fifty years into its existence, the American polity faces a conundrum over a core founding principle: religious liberty. Multiple debates have emerged over the extent and limits of religious liberty, including arguments over how far any one person’s religious liberty extends into the public sphere as well as into the private lives of other citizens. Highly influential on James Madison’s crafting of the First Amendment, John Locke’s Letter Concerning Toleration outlines a strong conception of both religious toleration and of religious liberty. In the “Letter,” Locke’s reasoning is sympathetic to the concerns and convictions of believers while remaining cognizant of the calamities to which religious differences can give rise. Further, he provides a robust explication of the mutually exclusive domains of ecclesiastical and civil authorities, now known more colloquially as the division of church and state. In the following article, I illustrate how the principles put forth by Locke offer guidance in adjudicating religious liberty claims in the cases of Kim Davis, religious freedom laws, vaccine refusal, contraception mandate exemptions, and ultrasound requirements.     

Anticommunautarisme and the government of religious difference

Abstract

The 1901 Law on Associations and the 1905 Law on the Separation of Churches and the State constitute enduring landmarks in the government of religion in France. With these statutes, a religiously neutralized public space came into being, for the purpose of governing a religiously (and ideologically) divided population. A consideration of the legislative history throws light on the related concepts of laïcité and anticommunautarisme, without caricaturing the ‘secularist’ institutions of a French state where – as in other European liberal regimes – religious associations now play a definite but limited role in areas of governmental concern.     

Is unauthorized immigration an immoral act? On David Miller’s ‘weak cosmopolitan’ defense of the right to exclude

While immigration is attracting increasing attention in political theory, there are as yet, few political theorists who adopt a restrictionist stance. With very few exceptions, the most political theorists have offered so far are pragmatic, not principled, defenses of the right to exclude. Looked at in this light, David Miller’s engagingly thoughtful book is surely a welcome and distinctive addition to the burgeoning literature on immigration. But readers who are looking for a normative counterpart to Joseph Carens’ Ethics of Immigration might be disappointed. In fact, the two books display more similarities than one would expect. Most notably, they share a common methodological ground: both reject top-down approaches, which proceed from abstract normative principles and apply these principles to immigration and integration policies. Yet, Miller’s realism reaches farther, giving greater weight to empirical evidence and focusing on institutions instead of on how individuals should act. This institutional focus is a key-defining feature of Miller’s political philosophy of immigration as distinct from an ethics of immigration. However, as I shall argue in the first part of this paper, Miller does not remain faithful to this distinction. He blames unauthorized migrants for acting ‘unfairly.’ But his criticism of irregular migration lacks a sufficient normative and empirical basis. The second part of the paper deals with the question whether legal coercion gives rise to a right to stay. My focus is in particular on the costs that irregular immigrants must bear when they are forced to go back to their countries of origin. These costs tend to be much higher than one expects.     

Warburg’s “Goddess in Exile”

Abstract

As regards Aby Warburg’s oeuvre, it is fascinating that three unfinished or unpublished projects have come to represent the very theorems now appearing of most interest for cultural historians and theorists: The Mnemosyne Atlas representing pictorial memory; the Serpent Ritual as theorem for a cultural-anthropological reading of pagan cultures; and the Nymph Fragment as a foundational figure of modern iconology. This essay undertakes an analysis of the fragmentary character of Warburg’s way of working, arguing that his search for an analytic model to account for the interplay between Christian and pagan/polytheistic traditions displays striking asynchronies and displacements. Rather than explicating these irregularities biographically, the conceptual problems tied to his methods and cognitive interests are investigated. The article thus examines a set of conceptual questions whose relevance extends well past Warburg’s methodology, considering the dimensions of religious and cultural-historical theory within a broader history of European arts and media. Concentrating on probably the most cited figure from Warburg’s repertoire of images, the “nymph” figure on Ghirlandaio’s fresco The Birth of St John the Baptist, the essay focuses on Warburg’s borrowings from Heinrich Heine and reveals Heine to be a blind spot in research on Warburg up until now.     

‘Revisionists’ at odds

Two leading Jewish defence agencies were at loggerheads over the constitutionality of a statute permitting ‘religious corporations’ to discriminate on the basis of religion in all their hiring.     

Religious marketing: reflections from the other side of politics

This paper critically examines the idea that politics and religion occupy adjoining berths in the extended marketing camp. Following a brief review of contemporary religious marketing, a comparison is undertaken of religion and politics to determine whether they conform to a common marketing framework for non‐business environments. The idea that marketing in faith environments is validated by the ‘religious economy’ theory is critically examined, significant objections to the adoption of marketing principles and methods by the religious community are explored and some limitations of the exchange concept in a faith context are identified. Some implications are considered for both political and mainstream marketing, in terms of recent attempts to broaden the scope of marketing. Copyright © 2004 Henry Stewart Publications