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Full-Text Articles in Law
Religion's Wise Embrace Of Commerce, Michael Helfand
Religion's Wise Embrace Of Commerce, Michael Helfand
Michael A Helfand
No abstract provided.
The Reality Of Moral Imperatives In Liberal Religion, Howard Lesnick
The Reality Of Moral Imperatives In Liberal Religion, Howard Lesnick
howard lesnick
This paper uses a classic one-liner attributed to Dostoyoevski’s Ivan Karamozov, "Without God everything is permitted," to explore some differences between what I term traditional and liberal religion. The expansive connotations and implications of Ivan’s words are grounded in the historic association of wrongfulness and punishment, and in a reaction against the late modern challenge to the inexorability of that association, whether in liberal religion or in secular moral thought. The paper argues that, with its full import understood, Ivan’s claim begs critical questions of the meaning and source of compulsion and choice, and of knowledge and belief regarding the …
A Liberalism Of Sincerity: The Role Of Religion In The Public Square, Michael Helfand
A Liberalism Of Sincerity: The Role Of Religion In The Public Square, Michael Helfand
Michael A Helfand
This article considers the extent to which the liberal nation-state ought to accommodate religious practices that contravene state law and to incorporate religious discourse into public debate. To address these questions, the article develops a liberalism of sincerity based on John Locke’s theory of toleration. On such an account, liberalism imposes a duty of sincerity to prevent individuals from consenting to a regime that exercises control over matters of core concern such as faith, religion, and conscience. Liberal theory grounds the legitimacy of the state in the consent of the governed, but consenting to an intolerant regime is illegitimate because …
Re-Emerging Equality Traditions Of Justice In The Cultural Roots Of The Egyptian Revolution, Giancarlo Anello, Khaled Qatam
Re-Emerging Equality Traditions Of Justice In The Cultural Roots Of The Egyptian Revolution, Giancarlo Anello, Khaled Qatam
giancarlo anello
For years, modern Egyptian Islamic thinkers have been attempting to define Islamic ideals of social justice and the way in which they have been ignored in the post-colonial period. This paper will discuss and critique the mid-20th century works of theorists of the Muslim Revolution like Abbas Mahmud ‘Aqqad (author of al-dymuqratyah fy al-islam, Democracy in Islam) and Sayyid Qutb (author of al-‘adalah al-ijtima‘iyya fy al-islam, Social Justice in Islam) in order to shape the discourse about the relevance of their theories of democracy, justice and equality for today’s political movements
Litigating Religion, Michael A. Helfand
Litigating Religion, Michael A. Helfand
Michael A Helfand
This article considers how parties should resolve disputes that turn on religious doctrine and practice – that is, how people should litigate religion. Under current constitutional doctrine, litigating religion is generally the task of two types of religious institutions: first, religious arbitration tribunals, whose decisions are protected by arbitration doctrine, and religious courts, whose decision are protected by the religion clauses. Such institutions have been thrust into playing this role largely because the religion clauses are currently understood to prohibit courts from resolving religious questions – that is, the “religious question” doctrine is currently understood to prohibit courts from litigating …