Search Results (25)

This article offers a Thomist response to Brian Leiter’s Why Tolerate Religion?, challenging his claim that religion does not merit distinct legal protection. While Leiter assumes religion to be epistemically irrational—defined by existential consolation, categorical demands, and insulation from evidence—this article draws on John Finnis’s interpretation of Saint Thomas Aquinas (d. 1274) to reconstruct religion as a basic good of practical reason. It proposes a three-tiered model of religion—as human quest, natural religion, and revealed religion—which clarifies religion’s internal structure and civic relevance. Developing this model against Leiter’s critique, this article shows that religion, so understood, can be legally protected even on Leiter’s liberal terms, through both Rawlsian and Millian frameworks. The article also extends its argument to “second-wave” law-and-religion controversies, illustrating how a Thomist framework illuminates debates about ideological establishments, identity politics, and public reason. Through original syntheses and rigorous normative analysis, this article advances a conceptually fresh and publicly accessible model of religion for law and public policy. It also speaks to pressing constitutional debates in the U.S. and Europe, thus contributing to transatlantic jurisprudence on religious freedom and the moral purposes of law. Religion still matters—and must be understood—not as conscience, but qua religion. Full article

Since 9/11, religious education (RE) has gained increased importance, particularly in European and American regions, though not exclusively. RE has been assigned a broader role in promoting social cohesion, especially in the context of intercultural and citizenship education. International organizations have actively contributed to this discourse through policy papers, research, and guidelines. This article, adopting a critical RE research perspective grounded in the academic study of religions, examines how the concept of social cohesion is addressed, thematized, and implemented in official documents, educational resources, and scholarly debates across three distinct RE contexts. The study pays special attention to how these processes impact the representations of religions. Full article

Contrary to popular notions of a perpetual antagonism between ‘Hinduism’ and ‘Islam’, played out on Indian soil over the centuries, this article examines the relatively recent origins of a Hindu–Muslim conflict in South Asia, situating it in the reconfigurations of ‘religion’ and religious identity that occurred under British colonial rule in the nineteenth and twentieth centuries. The multivalent and somewhat fluid categories of religious identification found in pre-modern India gave way to much more rigid and oppositional modern and colonial epistemic categories. While much has been written on how colonial policies and incipient Hindu and Muslim nationalisms shaped the contours of modern Hindu–Muslim conflict, little work has been done on the important role religious actors like Muslim and Hindu scholars and reformers played in shaping the discourse around what constituted Hinduism and Islam, and the relationship between the two, in the modern period. This study examines the first-known public theological debates between a Hindu scholar and a Muslim scholar, respectively, Swami Dayānanda Sarasvatī (1824–1883), founder of the reformist Arya Samaj and first exponent of a Hindu polemic against other religions, and Mawlānā Muḥammad Qāsim Nānautvī (1832–1880), co-founder of the seminary at Deoband and an important exponent of Islamic theological apologetics in modern South Asia, and how they helped shape oppositional modern Hindu and Muslim religious theologies. A key argument that Nānautvī contended with was Dayānanda’s claim that Islam is idolatrous, based on the contention that Muslims worship the Ka’ba, and thus, it is not a monotheistic religion, Hinduism alone being so. The terms of this debate show how polemics around subjects like monotheism and idolatry introduced by Christian missionaries under colonial rule were internalized, as were broader colonial epistemic categories, and developed a life of their own amongst Indians themselves, thus resulting in new oppositional religious identities, replacing more complex and nuanced interactions between Muslims and followers of Indian religions in the pre-modern period. Full article

This paper examines types of WLB (Work–Life Balance Policies) that have emerged in research in Western countries, and compares their applicability for male and female employees in Arab countries in general, and in Gaza, Palestine in particular. A qualitative study has been undertaken with employees of telecommunication companies, with thematic analysis to identify new kinds of WLB in an Arab culture. The WLB policies identified in the two companies were often quite different from those identified by Western researchers, and were guided by the religious principles of Islam, cultural factors, and the needs and aspirations of female employees. The international investors identified had adapted their policies to meet the cultural requirements of an Arabic society. This paper contributes to debates on the effectiveness of, and the need for culturally adapted WLB policies which try to meet the aspirations of women in developing countries. Additionally, this case study adds a new theoretical base, advocating the importance of WLB policies which are adapted to local cultural conditions in ways which also meet the aspirations of international business models. The WLB practices identified have not been described previously in any detailed study. The WLB policies and practices identified advocate for further research studies focusing on gender differences in the provision and take-up of WLB, using both qualitative and quantitative methodologies. Full article

Human beings are prone to violence of all kinds, and they are generally religious. Violence and religion are also thick, difficult-to-define concepts. Are they related? Two seminal thinkers stand as cornerstones in this modern debate. For Emile Durkheim, religion is both a cohesive social force and potential antagonist, uniting the community around ritual norms at odds with outsiders, against whom violence is routinely justified. For Rene Girard, internal mediation of mimetic desire generates rivalries that are assuaged through the ritual sacrifice of scapegoats to hold off social chaos and anomie. Girard writes from within a Christian tradition he argues overcomes this scapegoat doom loop. While Durkheim is a skeptical empiricist about religion, and Girard is a literary man writing from within the Christian tradition, both conclude that religion reduces violence and does not increase it. Full article

Within the European socio-cultural landscape, which is increasingly attuned to animal welfare concerns and characterized by growing multiculturalism, ritual slaughter has become a subject of considerable debate due to its legal, economic, and health implications. This debate is increasingly fueled by interventions by judicial bodies that, not infrequently, have filled protection gaps in legislation on the relationship between human rights and the treatment of animals. In this review, the authors aim to describe the evolutionary path of supranational jurisprudence in the case of religious slaughter, focusing on the most recent animal welfare decision rendered by the European Court of Human Rights (ECHR) on 13 February 2024. This innovative judgement, in line with other precedents, indicates the orientation of the international and European law, which, driven by public morality, is increasingly characterized by the compression of human rights in favor of animal interests. Full article

This article argues that the COVID-19 pandemic has created a new dispositive of power, the vulnerability dispositive, and it clears up what a power dispositive is. It then explains what theology can contribute to this new dispositive. The paradox of expenditure (creation by means of loss) plays a special role here. Human vulnerability is an unprecedented power in personal and political life, social and cultural life, and not least in religion. It is therefore not surprising that it has become a key concept in international, interdisciplinary research in recent decades. At least since the 1980s, it has resulted in an enormous number of scientific publications in almost all scientific disciplines. For Christian theology, this has particular significance because of the doctrine of the Incarnation: when God becomes human in Jesus Christ, God risks being wounded. Christianity ascribes salvific significance to this path into vulnerability. But what significance does this have for interdisciplinary discourse beyond theology? What can theology contribute to interdisciplinary vulnerability research? The starting point for the following considerations is a specific point in vulnerability discourse: the new dispositive of vulnerability that emerged during the COVID-19 pandemic. It made vulnerability an important argument in social, political, and religious debates. The vulnerability paradox is particularly important in this context. This paradox holds that strategies designed to protect against certain dangers paradoxically intensify the damage if that damage nevertheless occurs. Theology can supplement this paradox, which is highly destructive, with a paradox that in turn promotes and strengthens life: the expenditure paradox that says that creation can occur by means of loss. Full article

In this article I present the main findings of an empirical study about contemporary spirituality in Italy begun in 2017 by reasoning about the analysis of twelve case studies which are particularly eloquent concerning the different spiritual worlds emerging in Catholic Italy. I argue that three main narratives—the spirituality of nature, wellbeing, and mystery—are useful to synthesize the heterogeneousness of groups, communities, festivals, and organizations engaged in the Italian “holistic milieu”. In order to address this reflection, firstly I will trace the international sociological debate that has accompanied the concept of contemporary spirituality and the relationship between spirituality and religion, a couple which I have named “frenemies”. Then, I will extend the analysis to the concept of the secular, examining the intertwining of the spiritual, religious, and secular spheres. After illustrating the landscape of contemporary spirituality in Catholic Italy more broadly, I shall focus on the case studies taken as examples of the spirituality of nature, the spirituality of health and wellbeing, and the spirituality of mystery. In the Discussion and Conclusion, I shall raise some fundamental questions that the study of contemporary spirituality poses for the sociology of religion with reference to secularisation, one of its most classic and yet contested paradigms. I shall claim that future research paths could further contribute to strengthening the idea, raised in this article, that secularisation can also be understood not only as an antithetical force to religion but as the process in Western history that has led to the emergence of a secular social space in dialogue with the religious sphere. Full article

Secularism and the public management of religious diversity have gone hand in hand in public and academic debates in recent decades. Meanwhile, many of the elements related to secularism and the presence of religions in western societies have been conditioned by the migratory phenomenon. At the same time, Spain has been exposed to a relevant qualitative change in its socio-religious composition, evolving from a mainly Catholic society to a less religious and more diverse one, equating to other European societies. Many controversial issues have arisen in recent decades, such as the role of religion in the public life, the relations between religion and the state and the emergence of a more plural society, having a special role the migratory phenomenon. This contribution approaches these issues through analysis of the linkage between migration and religious diversity studies within a secular framework. The paper aims to analyze this reality, focusing on the main research trends in PhD studies in the past 20 years. The article reveals a growing interest in doctoral research from a multidisciplinary perspective in the field of religion and international migration, the contexts in which this research has been carried out, as well as its main themes and methods of approach. The intent is to study the religious phenomenon linked to immigration, because this reflects, at least to a certain extent, the concern for understanding the presence of religion in an increasingly secular society, such as in Spain. Full article

This paper examines the principles of denominational religious teaching in public schools at the background of a broader debate, concerning its compatibility with the standards of freedom of/from religion, by assessing the case of the Republic of San Marino. In doing so, revisions were made to some of the solutions proposed within the framework of international documents, such as the Toledo Guiding Principles on Teaching about Religions and Beliefs in Public Schools (OSCE/ODIHR). Among the various solutions, the Toledo document proposes the preparation of an alternative lesson of equal dignity, for those pupils who do not avail themselves of denominational education. The preparation of an alternative lesson is to be followed by a detailed analysis of the regulatory procedure that led to the achievement of this solution in the Republic of San Marino; the procedure entailed setting up a course on “Ethics, culture and society” in public schools for those who do not wish to avail themselves of Catholic religious education. These types of lessons were introduced, experimentally, in the academic year of 2019–2020 and the monitoring of the experiment is currently in progress. Shown, in conclusion, will be how this educational experiment could be a good practice for institutionalizing religious freedom in a small country, in which denominational religious teaching is mandatory. Full article

According to the World Health Organization (WHO), abortion is often necessary and is not a criminalizable medical act. Unfortunately, despite the global trend in recent years tending towards liberalization of abortion as a fundamental right of women in certain circumstances, it is still not guaranteed in all countries of the world in the same way. Moreover, the abortion debate is often characterized by unscientific opinions based on political and/or religious ideologies. Recently, a European episode has rekindled the debate on abortion: in Malta, a tourist was unable to have an abortion, with consequent risks, even serious ones, on her health. In addition, even in the United States a Supreme Court ruling created a considerable stir: the Roe v. Wade (1973) ruling that had legalized abortion at the federal level was revoked. After the ruling of the Supreme Court, each state of the USA can decide for itself whether and how to legalize abortion. These recent international developments are particularly worrying and make even more evident the need for abortion to be protected at an international level as an inalienable and fundamental human right, and therefore not to be limited. Full article

The critique of religion is hotly debated in contemporary media, legal and educational discourses. This review takes almost 50 years (1976–2022) of Norwegian research on the critique of religion in religious education as a point of departure to highlight how the discourse on the critique of religion is negotiated and represented. The review showcases the intimate connection between historical contexts and discursive repertoires through historical and critical discourse analysis. The analysis showcases that the discourse on the critique of religion is dynamic and diverse—starting mainly to appear through theological discourses referencing internal and hermeneutical critique before developing into more diverse discourses emanating from multiple actors and genres centered around critical thinking, source-evaluation, intercultural competence, and negative criticism of religion. Full article

In the framework of the process of secularization of civil society, the institution of marriage has traditionally been at the crossroads between religious and secular law, and it gives the opportunity to investigate whether and to what degree a religious law can develop when it interacts with a secular juridical context without weakening its identity. The Italian lawmaker has traditionally adopted a “benevolent secularism” approach, trying to balance new social expectations with the Catholic idea of marriage. The above-mentioned approach has resulted in aligning with the mainstream opinions in Italian society, which are consistent with the guidelines of the Catholic Church. Indeed, in Italy, the Catholic Church, which considers marriage as a sacred unbreakable bond between a man and a woman, has often had an open and incisive influence on legislative policy choices. Since 1970, there has a been a gradual erosion of Catholic influence on public policies. New statutes and judicial rulings concerning such issue have emphasized a sharp ideological and political polarization between two opposite ethical narratives: the secular and the religious/Catholic one. Catholic tenets are no more able to influence political democratic processes. In the last fifty years, Italian legislation has followed a more progressive direction with regard to the issue of marriage, taking distances from the Catholic model. The Italian legal system has also started to face controversial issues, such as the status of same-sex unions, recognizing broader rights with a view to guaranteeing the coexistence of multiple views about marriage. Thus, the Catholic Church is challenged by new paradigms and is undergoing deep internal tensions and transitions. The present paper aims to focus on some new challenges, with regard to the status of divorcees who married again, unmarried couples, and same-sex couples in canon law. In the framework of the debate concerning the role and the reformability of religious laws, it will take into consideration new pontifical approaches. Full article

This article seeks to identify the driving factors, features, and significance of the transformation of Salafism in contemporary Muslim societies, a development labeled ‘post-Salafism’. Throughout the 20th century, Salafism grew into a global religious movement, with distinctive local characteristics. Its post-Salafi transformations have likewise been diverse and reflect local conditions. ‘Post-Salafism’ is a term employed congruently to point at the fragmentation of Salafi religious authority; the emergence of Salafi alliances with other Muslim groups, which challenge Salafi conceptions of doctrinal superiority; in Salafi softening of sectarian rhetoric as a way of distancing from militant groups; in Salafi “indigenization”; and in social and political transformations that overlap with post-Islamism. Post-Salafism refers additionally to debates within Salafi circles, reflective of emerging internal doctrinal contradictions. Since the founding of Saudi Arabia in 1932, the kingdom has played a unique role in promoting, financing, and building the institutional network of global Salafism. The transformation of Saudi Salafism, therefore, resulting from changes in government policy, public pressure, and internal revisionism, will effect Salafism globally, pointing at a transformative moment in Muslim religious thought and authority structures. Full article

International human rights law on minorities sets forth a complex system of provisions affecting religious groups; still, the question of defining religious minorities remains largely unsettled. While assessing the legal framework of protection established under the UN system, this article explores the current debate drawing on the two key concepts of intersectionality and synergy. The intersectionality approach suggests that belonging to a religious minority cannot be dissociated from other features defining personal and groups’ identities (e.g., culture, ethnic origin, gender, language) and that this distinctive quality marks the multiple forms of violations and cross-cutting discriminations of which religious minorities are often victims. On the other hand, the synergy approach implies a comprehensive understanding of the legal sources protecting individual freedom of conscience and religion as well as religious minorities. Moreover, it entails fruitful cooperation among the relevant institutional and civil actors and the need for inclusive participation of persons belonging to religious minorities in democratic decision-making processes to the aim of the accomplishment of equal and full enjoyment of their human rights. Full article