Unexamined faiths and the public place of religion: emerging insights from the law

The article examines certain key terms, such as “beliefs” and “faith” and how these are understood in relation to the public sphere. It examines some writings of recent popularist authors such as Richard Dawkins and Christopher Hitchens, and is critical of the authors’ claims that they do not have...

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Main Author: Iain T. Benson
Format: Article
Language:English
Published: University of the Free State 2011-06-01
Series:Acta Theologica
Online Access:https://journals.ufs.ac.za/index.php/at/article/view/2368
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author Iain T. Benson
author_facet Iain T. Benson
author_sort Iain T. Benson
collection DOAJ
description The article examines certain key terms, such as “beliefs” and “faith” and how these are understood in relation to the public sphere. It examines some writings of recent popularist authors such as Richard Dawkins and Christopher Hitchens, and is critical of the authors’ claims that they do not have faith or beliefs. Drawing on legal decisions in Canada and South Africa the article suggests that this sort of terminological looseness has legal and political implications when it comes to whether or not beliefs of all sorts (religious and non-religious) are treated fairly in the public sphere. Arguing for a more diverse public sphere, the article cautions that law should give greater attention to principles of modus vivendi rather than “convergence” in which the attempt is to eradicate legally allowable positions from the public sphere and place those who hold them, and their communities, at a disadvantage. The law must not, by inflating its own role, put added pressures on the liberty that accommodation and subsidiarity require.
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spelling doaj-art-abae5cd62f8d451ab260d03f89e3cd462025-02-11T10:03:51ZengUniversity of the Free StateActa Theologica1015-87582309-90892011-06-011410.38140/at.v0i14.2368Unexamined faiths and the public place of religion: emerging insights from the lawIain T. Benson0University of the Free State, South Africa The article examines certain key terms, such as “beliefs” and “faith” and how these are understood in relation to the public sphere. It examines some writings of recent popularist authors such as Richard Dawkins and Christopher Hitchens, and is critical of the authors’ claims that they do not have faith or beliefs. Drawing on legal decisions in Canada and South Africa the article suggests that this sort of terminological looseness has legal and political implications when it comes to whether or not beliefs of all sorts (religious and non-religious) are treated fairly in the public sphere. Arguing for a more diverse public sphere, the article cautions that law should give greater attention to principles of modus vivendi rather than “convergence” in which the attempt is to eradicate legally allowable positions from the public sphere and place those who hold them, and their communities, at a disadvantage. The law must not, by inflating its own role, put added pressures on the liberty that accommodation and subsidiarity require. https://journals.ufs.ac.za/index.php/at/article/view/2368
spellingShingle Iain T. Benson
Unexamined faiths and the public place of religion: emerging insights from the law
Acta Theologica
title Unexamined faiths and the public place of religion: emerging insights from the law
title_full Unexamined faiths and the public place of religion: emerging insights from the law
title_fullStr Unexamined faiths and the public place of religion: emerging insights from the law
title_full_unstemmed Unexamined faiths and the public place of religion: emerging insights from the law
title_short Unexamined faiths and the public place of religion: emerging insights from the law
title_sort unexamined faiths and the public place of religion emerging insights from the law
url https://journals.ufs.ac.za/index.php/at/article/view/2368
work_keys_str_mv AT iaintbenson unexaminedfaithsandthepublicplaceofreligionemerginginsightsfromthelaw