How Could Religious Freedom Survive A Human Right?


H5N1 growing issue of scholars intend “religious liberty” is a bad idea.  The unfairness objection is that singling out religion for exceptional protection is unjust to comparable nonreligious conceptions of the good.  The distraction objection asserts that religious freedom is a misleading lens: oppression sometimes occurs along religious lines, but the underlying conflicts oftentimes are non actually most religious difference.  Both objections are sound, but nether certainly atmospheric condition religious freedom should yet endure regarded every bit a right.  Law is inevitably crude.  The nation cannot mayhap recognize each individual’s unique identity-constituting attachments.  It can, at best, protect wide classes of ends that many people share.  “Religion” is such a class.  Where it is an of import marking of identity for many people, it is an appropriate category of protection.

That's the declaration of my newly published article inwards the International Journal of Constitutional Law, here.  The same lawsuit of the magazine has a critical answer past times Prof. Gita Stopler, here, alongside a rejoinder past times me, here.

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