The article considers the role of the liberal public-private divide in protecting religious minorities against national-majoritarian assault. It links the defence of the public-private divide to liberal neutrality and argues that it rests on two distinct propositions: that the distinction between the ’public sphere’ and the ’private sphere’ is a meaningful way to cognize and structure modern pluralistic societies; and that there is a meaningful way to distinguish what is or ought to be ‘public’ from what is or ought to be ‘private.’ While the latter proposition cannot be defended on grounds of liberal neutrality, the former proposition provides the institutional framework for conducting liberal politics by enabling the negotiation of the public and the private between national majorities and religious minorities as members of the same political community. |
Netherlands Journal of Legal Philosophy
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Discussion |
Between Grexit and Utopia: EU Legal Theory in the Mirror of los indignados |
Authors | Luigi Corrias |
Author's information |
Article |
Freedom of Religion and the Politics of the Liberal Public-Private Divide |
Authors | Daniel Augenstein |
AbstractAuthor's information |
Article |
Moral Quality in Adjudication: On Judicial Virtues and Civic Friendship |
Authors | Iris van Domselaar |
AbstractAuthor's information |
How best to account for moral quality in adjudication? This article proposes a six-pack of judicial virtues as part of a truly virtue-centred approach to adjudication. These virtues are presented as both constitutive and indispensible for realizing moral quality in adjudication. In addition, it will be argued that in order to honour the inherent relational dimension of adjudication a judge should not only possess these judicial virtues to a sufficient degree, he should also have the attitude of a civic friend. The Aristotelian concept of civic friendship will be proposed as an important complement to a virtue-ethical approach to adjudication. |
Article |
Blasfemie in de huidige context |
Authors | Jasper Doomen and Mirjam van Schaik |
AbstractAuthor's information |
In this article, we inquire the merits of criminalizing blasphemy. We argue that religious views do not warrant a separate treatment compared to nonreligious ones. In addition, freedom of speech must be balanced against the interest of those who may be aggrieved by blasphemous remarks. We conclude that penalizing blasphemy is undesirable. It is fortunate, in that light, that acts of blasphemy have recently been decriminalized in The Netherlands by removing blasphemy as an offense from the Criminal Code. Still, other provisions appear to leave enough room to reach the same result, making the removal a possibly virtually aesthetic change. In the international context, it would be regrettable for The Netherlands to forgo the opportunity to take a leading role. |
Article |
Overheidssteun voor religie: antiperfectionisme of perfectionisme? |
Authors | Leni Franken |
AbstractAuthor's information |
I will argue that it is possible to give a neutral or antiperfectionist legitimation for state support for religion, which I consider a perfectionist good that is not in the common interest. I will argue that state support for perfectionist goods (and thus also for religion) can, in some circumstances and under certain conditions, be allowed as a second-best option in order to guarantee an adequate range of valuable options to choose among - and this range of options is a necessary condition for autonomy. Subsequently, I will argue that the bottom line - which is also the limit - for support is a sufficient range of valuable options. Furthermore, I will argue that state support for religion is only allowed if there is a democratic consensus about the value of that particular perfectionist good. Finally, I will claim that state support for religion is only allowed under certain conditions. |
Book Review |
Hans Lindahl, Fault Lines of Globalization |
Authors | Raf Geenens |
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Book Review |
Erik De Bom (red.), Europese gedachten |
Authors | Bertjan Wolthuis |
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