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Religion Morality andamp; the Law: Nomos XXX

J. Roland Pennock
John W. Chapman
Copyright Date: 1988
Published by: NYU Press
Pages: 299
https://www.jstor.org/stable/j.ctt9qfxm5
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  • Book Info
    Religion Morality andamp; the Law
    Book Description:

    In this thirtieth annual volume in the American Society for Political and Legal Philosophy's NOMOS series, entitled Religion, Morality and the Law , twelve distinguished contributers consider a diverse selection of topics. Included are essays on "Natural Law and Creation Stories," "Divine Sanction and Legal Authority," and "Liberalism, Neutralism, and Rights." These works ask whether morality itself can survive without the support of religion. Political scientists, philosophers, and legal scholars will find this collection extremely valuable. Each author is a leading force within their specialized fields.

    eISBN: 978-0-8147-6795-5
    Subjects: Political Science

Table of Contents

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  1. Front Matter
    (pp. i-vi)
  2. Table of Contents
    (pp. vii-viii)
  3. CONTRIBUTORS
    (pp. ix-x)
  4. PREFACE
    (pp. xi-xii)
    J.R.P. and J.W.C.
  5. INTRODUCTION
    (pp. 1-4)
    J. ROLAND PENNOCK

    Religion, morality, and the law are said by one of our authors (George Kelly) to comprise a three-legged stool, upon which the state rests. Force and authority are not mentioned, but perhaps authoritative force is considered to be a derivative of law in its provisions for sanctions; and all three of the “legs” entail authority in at least one of its varied senses. (See NOMOS I and NOMOS XXIX.) At first glance, it might appear that the relation of law to the state is not on all fours with the relation between the state and religion or that between the...

  6. 1 JEAN BODIN: THE PARADOX OF SOVEREIGNTY AND THE PRIVATIZATION OF RELIGION
    (pp. 5-45)
    STEPHEN HOLMES

    Liberal beliefs about the proper relation among law, morality, and religion first acquired distinct contours during the wars of religion that ravaged France between 1562 and 1598. While recent commentators on the state’s obligatory “neutrality” toward conflicting moral ideals often refer to this bloodily traumatic period,² they usually do so only in passing. We can shed considerable light, however, upon our constitutionally mandated separation of political and religious spheres as well as upon the uneasy relation between law and morals typical of the liberal tradition if we exhume and reexamine one deeply influential argument for religious toleration advanced in late...

  7. 2 LIBERALISM, NEUTRALISM, AND RIGHTS
    (pp. 46-70)
    ERIC MACK

    In recent years the increased strength and assertiveness of socially conservative political movements have heightened public debate about the legitimate role of the state in enforcing moral prescriptions that are arguably the product of particular, sectarian, religious or moral perspectives. Social conservatives, motivated by components of their religious commitments, have not only condemned homosexual activity and abortion (to pick the two most prominent issues) but have also argued that these activities ought to be legally prohibited. In opposition to such proposals, there has been a reassertion of the liberal doctrines that political institutions must be neutral between competing conceptions of...

  8. 3 COMMENT ON HOLMES, “JEAN BODIN: THE PARADOX OF SOVEREIGNTY AND THE PRIVATIZATION OF RELIGION”
    (pp. 71-77)
    JOHN H. MANSFIELD

    In 1641, a group of courageous or foolhardy persons set forth from the wintry, intolerant shores of Massachusetts to establish a tolerating state in the gentler clime of Providence Isle off the coast of Nicaragua. They probably had become fired up by events in England and talk of religious liberty coming from there, but having no opportunity to put their new beliefs into practice in Massachusetts, they looked elsewhere to establish them. To their libertarian beliefs, however, there was one limit: anyone who spoke against another’s religion would be put to death,¹ Thus like Jean Bodin, they agreed with the...

  9. 4 BAYLE’S COMMONWEALTH OF ATHEISTS REVISITED
    (pp. 78-109)
    GEORGE A. KELLY

    In the triad law, morality, religion, it is distinctively the third term with which modern political theory feels least comfortable. Despite fierce debates over their nature, genesis, and relation, law and morality are thesine quibus nonof the social experiment, unless one is an anarchist or an antinomian. It is broadly recognized that law is the central feature of the territorial state and its matrix of authority—nulla iustitia, hulla iniuria. Somewhat more imaginatively, we have “moral territories” as well, spaces of intention and action where we cooperate in ways that the laws do not prescribe and where, by...

  10. 5 A CHRISTIAN CRITIQUE OF CHRISTIAN AMERICA
    (pp. 110-133)
    STANLEY HAUERWAS

    At a conference on narrative and virtue I had an encounter with a philosopher that raises the problem with which I wish to deal. My philosophical counterpart is a Piercian who is also a committed Jew. In his paper he had argued that most of the rational paradigms accepted by contemporary philosophy cannot make sense of Judaism. We began by exchanging views about why current ethical theory seems so committed to foundationalist epistemological assumptions. We shared in general a sympathy with antifoundationalist arguments though neither of us wanted to give up any possibility of some more modest realist epistemology. We...

  11. 6 COMMENT ON “A CHRISTIAN CRITIQUE OF CHRISTIAN AMERICA”
    (pp. 134-142)
    DAVID G. SMITH

    Professor Hauerwas takes as his theme “why Jerry Falwell is such a pain.” The answer is that Falwell (and Pat Robertson et al.), unlike earlier twentieth-century fundamentalists, has gone “political” in a big way and set about “Christianizing” America according to his own lights. But Falwell is really not so different. He is only doing what the “mainstream” churches have done all along: seeking to bring into closer harmonyhisversion of American democracy andhisreligious views. This assimilation of religion and the political system Hauerwas calls “Constantinianism,” following John Howard Yoder.¹ Most of us are frankly horrified at...

  12. 7 THE WALL OF SEPARATION AND LEGISLATIVE PURPOSE
    (pp. 143-151)
    LOUIS HENKIN

    Professor Hauerwas has provided a perceptive analysis of contemporary Christian attitudes towards the perennial tension between the demands of God and of Caesar as that tension is reflected in the United States today. His own views are particularly noteworthy in that they are “ec-centric” within the Christian universe and stand in contrast to what is increasingly heard from Christian spokesmen. They contrast, as well, with the views of some representatives of some other religions, and with more idiosyncratic views such as those of the anonymous, secular Jewish philosopher cited by Professor Hauerwas.

    Professor Hauerwas asks Christians to avoid Constantianism, to...

  13. 8 RELIGION, PUBLIC MORALITY, AND CONSTITUTIONAL LAW
    (pp. 152-178)
    DAVID A. J. RICHARDS

    The proper balance between moral pluralism and community is, I believe, a pervasive interpretive issue in American constitutional law in the constitutional jurisprudence of state neutrality required by the religion clauses, free speech, and constitutional privacy. State abridgements of religious liberty, for example, are justifiable, if at all, only on a strong showing of neutral state purposes.¹ In a recent book,Toleration and the Constitution,² I develop a general position on the role of history, interpretive conventions, and political theory in constitutional interpretation in general and try to show the interpretive fertility of this approach in terms of a unified...

  14. 9 DIVINE SANCTION AND LEGAL AUTHORITY: RELIGION AND THE INFRASTRUCTURE OF THE LAW
    (pp. 179-200)
    LISA NEWTON

    Is religion necessary for law? By implication, must a secular state that rules by the authority of law preserve the practice of religion within its boundaries in order to maintain its own authority? In a nation whose Constitutional foundations include the separation of church and state, must the state, ultimately, protect and support the church?

    Affirmative answers to these questions must be less than welcome to liberals in the time of an administration that seems to be trying to take us back to a Puritan theocracy as part of its evangelical conservative mission. And part, at least, of the philosophical...

  15. 10 BRINGING THE MESSIAH THROUGH THE LAW: A CASE STUDY
    (pp. 201-217)
    ROBERT M. COVER

    I intend to present to you some history and a text related to an attempt to bring the Messiah through the law that took place in Safed, the Galilee, in 1538. First, I want to explain briefly my interest in the event in terms of a concept of law I have been trying to develop.

    Law is a bridge in normative space. It connects the world we have to a world we can imagine. But there are many possible worlds and many ways to connect them. Not all these futures—not all the bridges to them—can plausibly be called...

  16. 11 NATURAL LAW AND CREATION STORIES
    (pp. 218-262)
    RONALD R. GARET

    Natural law is one of the chief ideas that religious ethics, political philosophy, and jurisprudence share. In this chapter, I will suggest an interpretation of natural law that situates it within these three fields. In particular, I will make use of some perspectives from religious studies, with a view toward deepening our understanding of natural law as a specificallynaturalisttheory. For natural law, as I understand it, is a human-naturenaturalist theory of basic juridical concepts such as justice, rights, and law itself.

    By a human-nature-naturalist theory, I mean a theory that associates its claims about the ordering of basic...

  17. 12 POLITICS AND RELIGION IN AMERICA: THE ENIGMA OF PLURALISM
    (pp. 263-280)
    JOHN LADD

    One of the central issues in the relationship of politics and religion is the status, scope, and limits of religious toleration. Although the principle of toleration is generally taken for granted by most Americans in an almost ritualistic fashion, they tend to ignore the controversial character of the principle itself: what it means, how it is to be applied, what its limitations are, and, in general, how it is grounded in moral and political philosophy. When asked about the moral basis of toleration the general answer is that toleration comes from pluralism, and ours is a pluralistic society. Q.E.D. It...

  18. INDEX
    (pp. 281-287)
  19. Back Matter
    (pp. 288-289)