Source/Freedom of Religion - Revision history

Import-sysop: Import-sysop moved page Freedom of Religion to Source/Freedom of Religion: move to source

2023-01-04T13:47:29Z

Import-sysop moved page Freedom of Religion to Source/Freedom of Religion: move to source

← Older revision	Revision as of 13:47, 4 January 2023
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100.15.83.21: /* Albania */

2022-09-02T20:10:19Z

Albania

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	====Albania====		====Albania====
			The Albanian constitution grants religious freedom in Article 10. The Constitution of the Republic of Albania was ratified on November 28th, 1998. The preamble declares the country a secular state. Constitution Project. “Albania 1998 (Rev. 2012) Constitution.” Constitute, POGO, 27 Apr. 2022, https://www.constituteproject.org/constitution/Albania_2012?lang=en.

	====Algeria====		====Algeria====

Dwallace: /* Platonism */

2022-08-13T00:27:51Z

Platonism

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	More evidence is given on how deeply the idea of strictly following religion affected the Greek states. In The Apology, Socrates is being "tried for impiety" and indoctrinating the youth as atheists (Plato 2018, 29). Socrates is being brought to trial and eventually sentenced to death on suspicion of being an atheist and therefore going against the city's religion. Whether Socrates was truly atheist or not did matter, he was believed to be an atheist, among other accusations. For that, he deserved death, according to the city of Athens. The Apology shows us how essential Greeks thought piety and religion were and how closely related the state religion and laws were.		More evidence is given on how deeply the idea of strictly following religion affected the Greek states. In The Apology, Socrates is being "tried for impiety" and indoctrinating the youth as atheists (Plato 2018, 29). Socrates is being brought to trial and eventually sentenced to death on suspicion of being an atheist and therefore going against the city's religion. Whether Socrates was truly atheist or not did matter, he was believed to be an atheist, among other accusations. For that, he deserved death, according to the city of Athens. The Apology shows us how essential Greeks thought piety and religion were and how closely related the state religion and laws were.

			Plato. 2004. The Republic. Translated by C. D. C. Reeve. Hackett Publishing Company, Inc. https://123philosophy.files.wordpress.com/2018/12/Plato-Republic.pdf

			Plato. 2013. Laws. Translated by Benjamin Jowett. The Project Gutenberg EBook of Laws. https://www.gutenberg.org/files/1750/1750-h/1750-h.htm

			Plato. 2018. The Apology. Translated by Benjamin Jowett. Indian River State College Libraries.https://irsc.libguides.com/worldlit/apology.

	====Aristotelian thought====		====Aristotelian thought====

Dwallace: /* Medieval Islamic Thought */

2022-08-13T00:27:00Z

Medieval Islamic Thought

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	Avempace also discusses the ideas of The Weeds and their relationship to the perfect Platonic city. According to Avempace, a "perfect city is that [which] is free from Weeds" (Lerner 1963, 127). However, this perfect city is an impossible utopia where everyone gets along so well that there is no need for either a "doctor nor judge," where everyone does their job, fits in their class, and does not diverge from "the opinion of the citizens" (Lerner 1963). However, this society is impossible. Therefore, Avempace accepts that "The Weeds can… exist in the four ways of life" (Lerner 1963, 128). He does not seem happy about it, saying that the more the opinions of The Weeds differ from that of the true citizen, the more apt the name is.		Avempace also discusses the ideas of The Weeds and their relationship to the perfect Platonic city. According to Avempace, a "perfect city is that [which] is free from Weeds" (Lerner 1963, 127). However, this perfect city is an impossible utopia where everyone gets along so well that there is no need for either a "doctor nor judge," where everyone does their job, fits in their class, and does not diverge from "the opinion of the citizens" (Lerner 1963). However, this society is impossible. Therefore, Avempace accepts that "The Weeds can… exist in the four ways of life" (Lerner 1963, 128). He does not seem happy about it, saying that the more the opinions of The Weeds differ from that of the true citizen, the more apt the name is.
	However, Avempace also seems to think that in an imperfect city where The Weeds, the doctors, and the judges all exist, good governance should still look out for these Weeds and assist them in achieving as much happiness as possible. However, this depends "on how far [their] insight takes [them] or on (a belief) that had seized [them]" (Lerner 1963). Whether these weeds have achieved a partial revelation through other prophets, or have understood Muhammad's revelation differently, all of the citizens within the city deserve to have their happiness preserved. He describes it as "medicine of the soul," deriving from an ancient Greek physician and philosopher, Galen, who prescribed astrology and alchemy to preserve the soul and its happiness. Still, for The Weeds to have their happiness considered, they must be at least similar to the citizens or The Grass and not differ too significantly, or else they may be seen as diseasing or disintegrating the city (Lerner 1963).		However, Avempace also seems to think that in an imperfect city where The Weeds, the doctors, and the judges all exist, good governance should still look out for these Weeds and assist them in achieving as much happiness as possible. However, this depends "on how far [their] insight takes [them] or on (a belief) that had seized [them]" (Lerner 1963). Whether these weeds have achieved a partial revelation through other prophets, or have understood Muhammad's revelation differently, all of the citizens within the city deserve to have their happiness preserved. He describes it as "medicine of the soul," deriving from an ancient Greek physician and philosopher, Galen, who prescribed astrology and alchemy to preserve the soul and its happiness. Still, for The Weeds to have their happiness considered, they must be at least similar to the citizens or The Grass and not differ too significantly, or else they may be seen as diseasing or disintegrating the city (Lerner 1963).

			Butterworth, Charles E. 2015. Alfarabi: The Political Writings, Volume II. New York. Cornell University Press.

			Crone, Patricia. 2004. God’s Rule: Government and Islam. United Kingdom. Edinburgh University Press Ltd.

			Lerner, Ralph and Muhsin Mahdi. 1963. Medieval Political Philosophy. New York. The Free Press of Glencoe.

	====Medieval Judaism====		====Medieval Judaism====

Dwallace: /* Medieval Islamic Thought */

2022-08-13T00:26:12Z

Medieval Islamic Thought

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 ====Thomism and medieval Christianity====
 ====Medieval Islamic Thought====
 ====Medieval Judaism====
 ====Early Modern Rationalism====

Dwallace: /* Platonism */

2022-08-13T00:24:47Z

Platonism

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	====Platonism====		====Platonism====
			According to Platonic thought, there is no freedom of religion, all men and women are required to worship the Greek gods. In ancient Hellenic city-states, gods dictate each city's laws, and usually, a specific god such as Zeus for the Cretans and Apollo for the Lacedaemonians are accredited with giving the founding kings their laws (Plato 2013). The gods are the origin of law and order in the Hellenic world, meaning that going against a city's laws will also be going against the "holy" laws created by the gods. In Plato's Laws, the three older men discuss the proper way to govern a city taking a whole book to discuss how to properly deal with the atheism some youth end up practicing due to their disconnection to the gods. These men see this as a grave issue that will bring down the natural order of the city. They say these evil men undermine "the city's greatest laws" (Plato 2013). Even these men who do not believe in gods are enough for them to be perceived as unlawful and damned. Their solution is to give the youth music and stories when they are very young in order for them to be able to always look back upon the undeniable tales displaying the divinity of the gods (Plato 2013).

			However, Plato knows how poorly many myths about the Greek gods display said characters. When creating his "city in speech," Plato discusses the dangers of poets, such as Homer, and their interpretations of the gods, specifically regarding the guardians of the city. Plato believes the city cannot run unless the gods and their stories are adequately depicted so the ordinary people can follow them; otherwise, there will be no justice and virtue. Specifically for the guardians, Plato wishes for them to be raised fearing "slavery more than death," in order to do this he suggests that the poets be censored, deleting passages that make the afterlife sound like the worst possible place to end up (Plato 2004, 67). Plato wishes for his Kallipolis to have not just the laws but the inner workings of the city’s citizens’ minds to be guided by the gods and their perfect divine image. This is also shown in Plato's Myth of Er, a story of a murdered soldier who returns from the dead to tell the common people what the afterlife is. This story is supposed to convince the citizens of the Kallipolis that the crimes committed by the Hellenes dictate an afterlife. However, Er recalls that while he was sitting in the judging room of the deceased that "the greater [punishments] for impiety or piety toward gods or parents" (Plato 2004, 321). This is meant to keep Greeks in line with worshiping the gods because it is a tale-telling of the fate of the impious to be eternal suffering in hades.

			More evidence is given on how deeply the idea of strictly following religion affected the Greek states. In The Apology, Socrates is being "tried for impiety" and indoctrinating the youth as atheists (Plato 2018, 29). Socrates is being brought to trial and eventually sentenced to death on suspicion of being an atheist and therefore going against the city's religion. Whether Socrates was truly atheist or not did matter, he was believed to be an atheist, among other accusations. For that, he deserved death, according to the city of Athens. The Apology shows us how essential Greeks thought piety and religion were and how closely related the state religion and laws were.

	====Aristotelian thought====		====Aristotelian thought====
	Aristotle disagreed strongly with the concept of religion, but he believed people’s religious belief could be used both in the state’s favor. Regarding the relationship between politics and religion, in the work “Politics,” Aristotle writes, “A tyrant must put on the appearance of uncommon devotion to religion. Subjects are less apprehensive of illegal treatment from a ruler whom they consider god-fearing and pious. On the other hand, they do less easily move against him, believing that he has the gods on his side” (Cline 2019). He believed that implementing religion into the workings of a government gives a tyrant the ability to keep people at a distance, ignoring their disapproval of how they are being ruled and any challenges to the structure of the government itself. When sanctioned by divine order, people find a government much more difficult to question, let alone change (Cline 2019).		Aristotle disagreed strongly with the concept of religion, but he believed people’s religious belief could be used both in the state’s favor. Regarding the relationship between politics and religion, in the work “Politics,” Aristotle writes, “A tyrant must put on the appearance of uncommon devotion to religion. Subjects are less apprehensive of illegal treatment from a ruler whom they consider god-fearing and pious. On the other hand, they do less easily move against him, believing that he has the gods on his side” (Cline 2019). He believed that implementing religion into the workings of a government gives a tyrant the ability to keep people at a distance, ignoring their disapproval of how they are being ruled and any challenges to the structure of the government itself. When sanctioned by divine order, people find a government much more difficult to question, let alone change (Cline 2019).

Kbrard: /* Feminist Thought */

2022-08-03T17:36:42Z

Feminist Thought

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 ====Continental Philosophy/Frankfurt School====
 ====Behaviorism====
 ====Feminist Thought====
 ====Postmodernism====
 ===Are there any philosophical or moral traditions that dispute the classification of this right as a fundamental right?===

96.255.63.46: /* Is this right enshrined in international and regional human rights treaties? */

2021-10-28T20:26:58Z

Is this right enshrined in international and regional human rights treaties?

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 However, despite the writings and workings of all these conventions, treaties, and declarations, freedom of religion is still commonly suppressed in many areas of the world (Janis 2002). There is no effective international supervision of rights to religious freedom and diversity. However, regional European human rights law does in fact have tangible supervision of and consequences regarding the suppression of the freedom of religion. Article 9 of the 1950 European Convention on Human Rights and Fundamental Freedoms protects right to freedom of thought, conscience, and religion.
 “FindLaw's United States Supreme Court Case and Opinions.” Findlaw, caselaw.findlaw.com/us-supreme-court/492/573.html.
@@ Line 379: / Line 376: @@
 “International Standards - Framework for Communications.” OHCHR, www.ohchr.org/EN/Issues/FreedomReligion/Pages/Standards.aspx.
 “Religion and International Law.” ASIL, 17 Nov. 2002, www.asil.org/insights/volume/7/issue/13/religion-and-international-law.
 U.S. Department of State, U.S. Department of State, 2009-2017.state.gov/j/drl/rls/irf/religiousfreedom//index.htm.
 “You Can Be Put to Death for Atheism in 13 Countries around the World.” Humanists International, 1 Feb. 2019, humanists.international/2013/12/you-can-be-put-death-atheism-13-countries-around-world/.
 ==Philosophical Origins==

96.255.63.46: /* Are there any exceptions in American law to this right? */

2021-10-28T20:25:52Z

Are there any exceptions in American law to this right?

← Older revision		Revision as of 20:25, 28 October 2021
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	Under the coercion test, the government does not violate the establishment clause unless it provides direct aid to religion in a way that would establish a state church or unless it coerces people to practice a religion against their will (Vile). However, this test is subject to varying interpretations, as is demonstrated in the conflicting cases of Allegheny County v. ACLU in 1989 and the 1992 case of Lee v. Weisman, in which Justices Kennedy and Antonin Scalia, applying the same test, reached different results (FindLaw 2020). Although freedom of religion is well-protected by the Constitution, debates over its application, protections from/of, and limitations to the right are an ongoing debate in the legal and free world.		Under the coercion test, the government does not violate the establishment clause unless it provides direct aid to religion in a way that would establish a state church or unless it coerces people to practice a religion against their will (Vile). However, this test is subject to varying interpretations, as is demonstrated in the conflicting cases of Allegheny County v. ACLU in 1989 and the 1992 case of Lee v. Weisman, in which Justices Kennedy and Antonin Scalia, applying the same test, reached different results (FindLaw 2020). Although freedom of religion is well-protected by the Constitution, debates over its application, protections from/of, and limitations to the right are an ongoing debate in the legal and free world.

			A Brief History of Peyote, www.peyote.org/.

			“Establishment Clause Overview.” Freedom Forum Institute, www.freedomforuminstitute.org/first-amendment-center/topics/freedom-of-religion/establishment-clause-overview/.

			“FindLaw's United States Supreme Court Case and Opinions.” Findlaw, caselaw.findlaw.com/us-supreme-court/492/573.html.

			Jr, David L. Hudson. Endorsement Test, mtsu.edu/first-amendment/article/833/endorsement-test.

			Jr, Richard L. Pacelle. Lemon Test, www.mtsu.edu/first-amendment/article/834/lemon-test.

			Lutz, Zak. “Limits of Religious Freedom.” Harvard Political Review, 6 Nov. 2015, harvardpolitics.com/covers/limits-of-religious-freedom/.

			McGovern, Geoff. Lynch v. Donnelly, mtsu.edu/first-amendment/article/737/lynch-v-donnelly.

			“Newman v. Piggie Park Enterprises, Inc., 390 U.S. 400 (1968).” Justia Law, supreme.justia.com/cases/federal/us/390/400/.

			“The No Religious Test Clause.” Article VI \| The National Constitution Center, constitutioncenter.org/interactive-constitution/interpretation/article-vi/clauses/32.

			Vile, John R. Coercion Test, www.mtsu.edu/first-amendment/article/899/coercion-test.

			“What Does ‘Free Exercise’ of Religion Mean under the First Amendment?” Freedom Forum Institute, www.freedomforuminstitute.org/about/faq/what-does-free-exercise-of-religion-mean-under-the-first-amendment/.

	===Is this right enshrined in international and regional human rights treaties?===		===Is this right enshrined in international and regional human rights treaties?===

96.255.63.46: /* Is it contained in the US Constitution? */

2021-10-28T20:22:35Z

Is it contained in the US Constitution?

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	Yes this right is protected in the First Amendment of the US Constitution. It permits that all people have the right to practice his/her own religion, or that they have the choice to practice no religion at all. There is no established religion in the US, and under the Establishment Clause of the First Amendment, the government is prohibited from advancing or advocating any religion in any way. Also, under the Free Exercise Clause, the government cannot penalize a person for choosing or not choosing to worship in any particular way (ACLU 2020).		Yes this right is protected in the First Amendment of the US Constitution. It permits that all people have the right to practice his/her own religion, or that they have the choice to practice no religion at all. There is no established religion in the US, and under the Establishment Clause of the First Amendment, the government is prohibited from advancing or advocating any religion in any way. Also, under the Free Exercise Clause, the government cannot penalize a person for choosing or not choosing to worship in any particular way (ACLU 2020).

			“Your Right to Religious Freedom.” American Civil Liberties Union, www.aclu.org/other/your-right-religious-freedom.

	===Has it been interpreted as being implicit in the US Constitution?===		===Has it been interpreted as being implicit in the US Constitution?===