Intolerant Religion in a Tolerant-Liberal Democracy

By Yossi Nehushtan

This book critically analyzes the role that religion has in the public and legal sphere. The book discusses why religion, on the whole, should not be tolerated in a tolerant-liberal democracy, describing exactly how it should not be tolerated, mainly by addressing legal issues. The main arguments are, first, that as a general rule, illiberal intolerance should not be tolerated. Secondly, that there are meaningful, unique links between religion and intolerance, and between holding religious beliefs and holding intolerant views (and ultimately acting upon these views). And finally, that the religiosity of a legal claim is normally a reason, although not necessarily a prevailing one, not to accept that claim. The book will be of interest to scholars of legal philosophy, constitutional law, and human rights. Table of Contents:1. Introduction 2. The Principle of Tolerance I. Introduction II. The Definition of Tolerance and the Right to be Tolerated III. The Components of Tolerance IV. Tolerance and Grudge V. Tolerance and Power VI. Conclusion 3. The Limits of Liberal Tolerance I. Introduction: Perfectionist Liberalism as a Starting Point II. The Limits of Tolerance: Reciprocity and Proportionality III. Who is the True Intolerant One? IV. Conclusion 4. A Tolerant-Liberal Democracy I. The Competing Political Theories II. The Case Against Neutrality III. A Pluralistic-Liberal State or a Tolerant-Liberal State? The Re-Establishment of Tolerance 5. The Theoretical and Empirical Links Between Religion and Intolerance I. Introduction II. The Empirical Findings III. The Theoretical Links Between Religion and Intolerance IV. Is the Co-Existence of Religion and Prejudice Paradoxical? V. Conclusion 6. Accommodating Religion by Granting Conscientious Exemptions: Is Religion Special? I. Accommodating Religion by Granting Conscientious Exemptions II. Conscientious Exemptions as an Expression of Tolerance III. Is Religion Special?: Five Possible Answers IV. Neutral Approaches V. Equal Regard Approaches VI. Liberal Value-Based Approaches VII. Pro-Religion Approaches VIII. Anti-Religion Approaches IX. Conclusion: Is Religion Special? 7. Conclusion I. A Short Introduction to the Conclusion II. Why and when the Religiosity of a Claim for Accommodation or Exemption Matters III. And a Final Conclusion IV. Post-Conclusion: A Note about Religion, the Academic World and the Real World [Subject: Legal Philosophy, Constitutional Law, Human Rights Law, Religious Studies]

Publication Date: 12/3/2015
Format: Cloth
ISBN: 9781849466059