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Religion as a Basic Human Good

  • Thomas D. Howes

Research output: Contribution to journalArticlepeer-review

Abstract

For the sake of defending the political-ethical legitimacy of religious exemptions, this article analyzes what contemporary natural law theorists call the good of religion - harmony with the transcendent source of existence and meaning. This good serves as a principle in practical judgments, not as a premise in a deductive argument, but as an end of action. Practical familiarity and explicit understanding of this good can differ among individuals, and variations of such familiarity and understanding lead to differing practical judgments concerning what constitute reasonable choices in its pursuit. This in turn affects judgments of fairness concerning burdens on that same pursuit. It is optimal for judgments about religious exemptions to presuppose a more paradigmatic understanding of this good so that one can better assess what is really at stake in the minds of religious believers when their religious liberty is burdened. In making a case for a more paradigmatic understanding of religion, this article draws attention to existential data from which practical insight into the good of religion arises.

Original languageEnglish (US)
Pages (from-to)239-267
Number of pages29
JournalAmerican Journal of Jurisprudence
Volume66
Issue number2
DOIs
StatePublished - Dec 1 2021

All Science Journal Classification (ASJC) codes

  • Law

Keywords

  • Exemptions
  • Practical Reason
  • Religious Freedom

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