UID:
almafu_9960117343202883
Format:
1 online resource (xiv, 225 pages) :
,
digital, PDF file(s).
ISBN:
1-316-43032-4
,
1-316-43529-6
,
1-316-28567-7
Content:
Taking Rites Seriously is about how religious beliefs and religious believers are assessed by judges and legal scholars and are sometimes mischaracterized and misunderstood by those who are critical of the influence of religion in politics or in the formation of law. Covering three general topics - reason and motive, dignity and personhood, nature and sex - philosopher and legal theorist Francis J. Beckwith carefully addresses several contentious legal and cultural questions over which religious and non-religious citizens often disagree: the rationality of religious belief, religiously motivated legislation, human dignity in bioethics, abortion and embryonic stem cell research, reproductive rights and religious liberty, evolutionary theory, and the nature of marriage. In the process, he responds to some well-known critics of public faith - including Brian Leiter, Steven Pinker, Suzanna Sherry, Ronald Dworkin, John Rawls, and Richard Dawkins - as well as to some religiously conservative critics of secularism, such as the advocates for intelligent design.
Note:
Title from publisher's bibliographic system (viewed on 01 Feb 2016).
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Cover -- Half-title -- Title page -- Copyright information -- Dedication -- Table of contents -- Acknowledgments -- 1 Introduction: Faith Seeking Understanding -- Part I Reason and Motive -- 2 Juris, Fides, et Ratio: What Judges and Some Legal Scholars Miss About Reason and Religious Beliefs -- 2.1. Faith, Reason, and Law -- 2.1.A. The Courts -- 2.1.B. The Legal Theorists -- 2.2. Reasonable Faith? A Critique of Secular Rationalism -- 2.2.A. SR Is Epistemically Suspect -- 2.2.B. SR Begs Substantive Questions -- 2.2.B.1. Religious Claims Are Unprovable -- 2.2.B.2. Religious Claims Are Incontestable -- 2.2.B.3. Religious Claims Cannot Change or Develop Because They Are Insulated from the Ordinary Standards... -- 2.2.C. SR Confuses Religion as Such with Particular Religions and Beliefs Tethered to Them -- 2.3. Conclusion -- 3 Theological Exclusionary Rule: The Judicial Misuse of Religious Motives -- 3.1. The No Religious Test Clause and the First Amendment -- 3.2. The Distinction between Belief and Action: Freedom of Belief as an Ultima Facie Right -- 3.3. Motives as Beliefs -- 3.3.A. Purposes and Motives Are Conceptually Distinct -- 3.3.B. Motives Are Types of Beliefs -- 3.4. Religious Motive Analysis -- 3.4.A. Selman v. Cobb County School District (2005) -- 3.4.B. Wallace v. Jaffree (1985) -- 3.5. An Objection -- 3.6. Conclusion -- Part II Dignity and Personhood -- 4 Dignity Never Been Photographed: Bioethics, Policy, and Steven Pinker's Materialism -- 4.1. Dignity Is Subjective -- 4.1.A. Dignity Is Relative -- 4.1.B. Dignity Is Fungible -- 4.1.C. Dignity Is Harmful -- 4.2. Dignity Is Unnecessary -- 4.2.A. Autonomy Is Not Identical to Dignity -- 4.2.B. Dignity Has Greater Explanatory Power Than Does Autonomy -- 4.2.C. Nonautonomous Beings Can Have Their Dignity Violated -- 4.2.D. Autonomy as a Power Had by a Rational Agent -- 4.3. Conclusion.
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5 Personhood, Prenatal Life, and Religious Belief -- 5.1. Embryonic Stem Cell Research -- 5.2. Defending Life -- 5.2.A. The Substance View -- 5.2.B. Stretton's Critique -- 5.2.B.1. The Argument from Degreed Natural Capacities -- 5.2.B.2. Argument from Developed Psychological Capacities -- 5.2.B.2.a. Egoistic Concern -- 5.2.B.2.b. Cerebral Architecture -- 5.2.B.3. The Argument from the Moral Permissibility of the Intentional Creation of Mentally Handicapped Fetuses -- 5.3. The Hobby Lobby Case, Unborn Human Life, and Religious Liberty -- 5.4. Conclusion -- Part III Nature and Sex -- 6 How to Be an Anti-Intelligent Design Advocate: Science, Religion, and the Problem of Intelligent Design -- 6.1. Distinguishing Creationism, Design, and Intelligent Design -- 6.2. Design Without Intelligent Design -- 6.3. Kitzmiller v. Dover and the Ubiquity of Design -- 6.3.A. The Endorsement Test, or the "God's Eye Point of View" -- 6.3.B. The Purpose or End of Education -- 6.3.B.1. Richard Dawkins: Peeping Thomist? -- 6.3.B.2. Education: What's the Point? -- 6.4. Conclusion -- 7 Same-Sex Marriage and Justificatory Liberalism: Religious Liberty, Comprehensive Doctrines, and Public Life -- 7.1. Justificatory Liberalism -- 7.1.A. The Political Liberty Principle (PLP) -- 7.1.B. The Public Justification Principle (PJP) and the Respect for Persons -- 7.2. Marriage and Justificatory Liberalism -- 7.2.A. Effects and Consequences of Same-Sex Marriage -- 7.2.A.1. Child Adoption Law -- 7.2.A.2. Businesses and Public Accommodations -- 7.2.A.3. Education -- 7.2.A.4. Three Objections -- 7.2.A.4.a. Are These Cases Severe Enough? -- 7.2.A.4.b. Causal Slippery Slope Fallacy? -- 7.2.A.4.c. Antimiscegenation Laws -- 7.3. Conclusion -- 8 Conclusion: Taking Rites Seriously -- Index.
,
English
Additional Edition:
ISBN 1-107-53305-8
Additional Edition:
ISBN 1-107-11272-9
Language:
English
URL:
https://doi.org/10.1017/CBO9781316285671