Can There be a Religion of Reasons?: A Response to Leiter's Circular Conception of Religious Belief

This article comments on a definition of religion recently proffered by Brian Leiter. Leiters definition first appeared in a paper arguing that there is no principled reason for the Constitution to single out religion as one of many forms of conscience for special tolerance. Martha Nussbaum then sug...

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Bibliographic Details
Main Author: Lipshaw, Jeffrey M. (Author)
Format: Electronic Article
Language:English
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Published: Cambridge Univ. Press 2010
In: Journal of law and religion
Year: 2010, Volume: 26, Issue: 1, Pages: 43-56
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Summary:This article comments on a definition of religion recently proffered by Brian Leiter. Leiters definition first appeared in a paper arguing that there is no principled reason for the Constitution to single out religion as one of many forms of conscience for special tolerance. Martha Nussbaum then suggested that we owe something more than mere tolerance for religious belief; in our efforts to make sense of the world, we owe "a special respect for the faculty in human beings in which they search for life's ultimate meaning." In a later paper, Leiter uses the same definition of religion to argue that Nussbaum is wrong. My argument can be expressed positively: if Nussbaum is right, she is also right that the concept of religious belief (as opposed to particular conceptions or instantiations of it) is entitled to as much respect as any other kind of belief, because once we are talking about any kind of belief it is difficult to draw a principled line. Stated negatively, Leiter's attack is ultimately circular: the problem with religion is that it is not science. Exposing the circularity requires identifying the trick, which is that Leiter employs an appeal to common sense to distinguish religion and science under a bright line definition. Nevertheless, the very belief in common sense Leiter employs here is the same as the belief in religion Leiter attacks: it is categorical and insulated from further reasons.
ISSN:2163-3088
Contains:Enthalten in: Journal of law and religion
Persistent identifiers:DOI: 10.1017/S0748081400000904