Download PDF by Frank B. Cross: Constitutions and Religious Freedom

By Frank B. Cross

ISBN-10: 1107041449

ISBN-13: 9781107041448

Many people take without any consideration the concept that definitely the right to non secular freedom will be safe in a loose, democratic polity. despite the fact that, this ebook demanding situations even if the security and privilege of non secular trust and identification might be prioritized over the other correct. through learning the results of constitutional offers of non secular freedom and institution clauses, Frank B. move units the level for a suite of empirical questions that examines the results of such protections. even if the case for broader safety is frequently made as a theoretical subject, constitutions usually guard freedom of faith. permitting humans complete selection in retaining non secular ideals or freedom of moral sense is valuable to their autonomy. Freedom of faith is therefore possibly a truly beneficial element of society, not less than as long as it respects the liberty of people to be irreligious. This e-book exams those institutions and unearths that constitutions offer nationwide spiritual safety, specially whilst the criminal procedure is extra subtle.

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Leiter (2008) is surely correct in understanding that constitutional recognition of religion to some degree exalts its importance, as a purely theoretical matter. But in practice these rights seem to have had an opposite effect. They promote individual freedom, but among the freedoms promoted is the opportunity to be irreligious and hence the ability to avoid the 32 Why Freedom of Religion? pathologies that may be associated with religion. The system uses constitutions, as Hirschl (2010) notes, to limit the power of religion in civil society.

Others, who perceived no such benefits from belief, may have benefited from nonbelief, but this has not been studied. So even if religion itself is not a per se good, religious choice may be. Of course, it is this choice that is generally protected by freedom of religion, as addressed in the following segment of the book. The positive effects of religious belief may simply be the effect of religious freedom. At the time of the drafting of the Constitution, many believed that “religious belief and practice are efficacious only when voluntary” (Laycock 1996, 324).

Raday (2009) argues that constitutionalism is intrinsically secular and that this is vital to the protection of human rights. Constitutions themselves become objects of worship, perhaps competing with religion. In the United States, the Constitution and the Bill of Rights have become objects of religious fetish. But they are human-made, not divine. A bill of rights focuses on the individual and his or her rights, not the typical religious concern with obligations. Rights by nature tend to be value neutral, in contrast to religion.

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Constitutions and Religious Freedom by Frank B. Cross

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