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Until now, there has been no direct and extensive engagement with the category of religion from liberal political philosophy. Over the last thirty years or so, liberals have tended to analyze religion under proximate categories such as 'conceptions of the good' (in debates about neutrality) or 'culture' (in debates about multiculturalism). US constitutional lawyers and French political theorists both tackled the category of religion head-on (under First Amendment jurisprudence and the political tradition of laïcité, respectively) but neither of these specialized national discourses found their way into mainstream liberal political philosophy. This is somewhat paradoxical because key liberal notions (state sovereignty, toleration, individual freedom, the rights of conscience, public reason) were elaborated as a response to 17th Century European Wars of Religion, and the fundamental structure of liberalism is rooted in the western experience of politico-religious conflict. So a reappraisal of this tradition - and of its validity in the light of contemporary challenges - is well overdue. This book offers the first extensive engagement with religion from liberal political philosophers. The volume analyzes, from within the liberal philosophical tradition itself, the key notions of conscience, public reason, non-establishment, and neutrality. Insofar as the contemporary religious revival is seen as posing a challenge to liberalism, it seems more crucial than ever to explore the specific resources that the liberal tradition has to answer it.
This book argues that the principles and institutions of political liberalism are necessary conditions for achieving reliable stability amid conditions of pluralism. Only a political system of this sort can bring citizens’ moral, religious, and political loyalties into robust agreement. Through an analysis that encompasses normative political theory and American constitutional law, David Golemboski illustrates the implications of this conclusion by examining contemporary legal debates in law and religion. By developing a fresh perspective on how legal frameworks for religious exercise and establishment can ameliorate conflict and enhance the stability of a liberal constitution, this book demonstrates that political systems need not subordinate or sacrifice important liberal priorities in favor of stability. Rather, those liberal priorities are themselves necessary components of a stable order. Religious Pluralism and Political Stability will be of interest to scholars across the fields of political philosophy, legal theory, and constitutional law who have an interest in religion.
Religious Ideas in Liberal Democratic States adds new context to the ongoing debate over the scope of religious freedom, drawing from a variety of perspectives to discuss the meaning of religion itself within a democratic state. This book argues that categorizing religion as a solely private affair is too narrow an interpretation and questions whether ideas like freedom, human dignity, and equality can be truly actualized in a neutral and secular state. Contributors explore the impact of religion, acknowledged or not, on legislation, human rights, and group rights through legal, historical, and sociological lenses. Scholars of constitutional law, jurisprudence, international law, and political science will find this book particularly useful.
In this important new work in political and constitutional theory, Michael J. Perry elaborates and defends an account of the political morality of liberal democracy: the moral convictions and commitments that in a liberal democracy should govern decisions about what laws to enact and what policies to pursue. The fundamental questions addressed in this book concern (1) the grounding, (2) the content, (3) the implications for one or another moral controversy and (4) the judicial enforcement of the political morality of liberal democracy. The particular issues discussed include whether government may ban pre-viability abortion, whether government may refuse to extend the benefit of law to same-sex couples and what role religion should play in the politics and law of a liberal democracy.
Leading scholars and legal practitioners explore constitutional, legal, and philosophical topics. In Constitutionalism, Executive Power, and the Spirit of Moderation, contributors ranging from scholars to practitioners in the federal executive and judicial branches blend philosophical and political modes of analysis to examine a variety of constitutional, legal, and philosophical topics. Part 1, “The Role of Courts in Constitutional Democracy,” analyzes the proper functions and limits of the judiciary and judicial decision making in constitutional government. Part 2, “Law and Executive Authority,” reflects on the tensions between constitutionalism and presidential leadership in both domestic and international arenas. Part 3, “Liberal Education, Constitutionalism, and Philosophic Moderation,” shifts the focus to the relationship between constitutionalism and political philosophy, and especially to the modern modes of philosophy that most directly influenced the American Founders. A valuable resource for specialists, the book also will be of use in political science and law school classes.
Addressing the proper relation of moral and religious belief to politics and law, especially constitutional law, Perry here discusses whether a common moral foundation exists that is capable of providing, in a diverse social system like ours, consistent guidelines for handling divisive political, policy, religious and constitutional disputes. His study represents a distinctive position in the vast and growing literature on the moral foundations of liberal political and legal life.
Most Americans are religious believers. Among these there is disagreement about many fundamental religious/moral matters. Because the United States is both such a religious country and such a religiously pluralistic country, the issue of the proper role of religion in politics is extremely important to political debate. In Religion in Politics, Michael Perry addresses a fundamental question: what role may religious arguments play, if any, either in public debate about what political choices to make or as a basis of political choice? He is principally concerned with political choices that ban or otherwise disfavor one or another sort of human conduct based on the view that the conduct is immoral. He divides the controversy into two debates: the constitutionally proper role of religious arguments in politics, and a related, but distinct, debate about the morally proper role. Perry concludes that political choices about the morality of human conduct should not be based on religion. The newest work by one of the most important constitutional theorists writing today, Religion in Politics is sure to spark a new debate on the subject.
Constitutionalism beyond Liberalism bridges the gap between comparative constitutional law and constitutional theory. The volume uses the constitutional experience of countries in the global South - China, India, South Africa, Pakistan, Indonesia, and Malaysia - to transcend the liberal conceptions of constitutionalism that currently dominate contemporary comparative constitutional discourse. The alternative conceptions examined include political constitutionalism, societal constitutionalism, state-based (Rousseau-ian) conceptions of constitutionalism, and geopolitical conceptions of constitutionalism. Through these examinations, the volume seeks to expand our appreciation of the human possibilities of constitutionalism, exploring constitutionalism not merely as a restriction on the powers of government, but also as a creating collective political and social possibilities in diverse geographical and historical settings.
Polarization between political religionists and militant secularists on both sides of the Atlantic is on the rise. Critically engaging with traditional secularism and religious accommodationism, this collection introduces a constitutional secularism that robustly meets contemporary challenges. It identifies which connections between religion and the state are compatible with the liberal, republican, and democratic principles of constitutional democracy and assesses the success of their implementation in the birthplace of political secularism: the United States and Western Europe. Approaching this issue from philosophical, legal, historical, political, and sociological perspectives, the contributors wage a thorough defense of their project's theoretical and institutional legitimacy. Their work brings fresh insight to debates over the balance of human rights and religious freedom, the proper definition of a nonestablishment norm, and the relationship between sovereignty and legal pluralism. They discuss the genealogy of and tensions involving international legal rights to religious freedom, religious symbols in public spaces, religious arguments in public debates, the jurisdiction of religious authorities in personal law, and the dilemmas of religious accommodation in national constitutions and public policy when it violates international human rights agreements or liberal-democratic principles. If we profoundly rethink the concepts of religion and secularism, these thinkers argue, a principled adjudication of competing claims becomes possible.