Brian Leiter's Law School Reports

Brian Leiter
University of Chicago Law School

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Friday, May 26, 2006

New Paper: "Why Tolerate Religion?"

I have posted a new paper--the subject of my 'Or 'Emet Lecture at Osgoode Hall Law School of York University, Toronto this past March--on the subject:  "Why Tolerate Religion?"  You may download the working draft here.  Comments are welcome.  Here is the abstract:

Religious toleration has long been the paradigm of the liberal ideal of toleration of group differences, as reflected in both the constitutions of the major Western democracies and in the theoretical literature explaining and justifying these practices. While the historical reasons for the special “pride of place” accorded religious toleration are familiar, what is surprising is that no one has been able to articulate a credible principled argument for tolerating religion qua religion: that is, an argument that would explain why, as a matter of moral or other principle, we ought to accord special legal and moral treatment to religious practices. There are, to be sure, principled arguments for why the state ought to tolerate a plethora of private choices, commitments, and practices of its citizenry, but none of these single out religion for anything like the special treatment it is accorded in, for example, American and Canadian constitutional law. So why tolerate religion? Not because of anything that has to do with it being religion as such—or so this paper argues.

http://leiterlawschool.typepad.com/leiter/2006/05/new_paper_why_t_1.html

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» Why Tolerate Religion? from Abnormal Interests
Brian Leiter has a draft of a very interesting paper online in which he discusses the subject "Why Tolerate Religion?" from a philosophical and legal perspective. The following is from the abstract to the paper, While the historical reasons for... [Read More]

Tracked on May 30, 2006 7:37:19 PM