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Dædalus Journal of the American Academy of Arts & Sciences Summer 2020 Religion & Democracy Robert Audi, guest editor with Kent Greenawalt Samuel Freeman · Paul Weithman Cathleen Kaveny · David E. Campbell Stephanie Collins · Winfried Löffler Lorenzo Zucca · T. Jeremy Gunn Jonathan A. Jacobs · Colleen Murphy John E. Hare Dædalus Journal of the American Academy of Arts & Sciences “Religion & Democracy” Volume 149, Number 3; Summer 2020 Robert Audi, Guest Editor Phyllis S. Bendell, Managing Editor and Director of Publications Peter Walton, Associate Editor Heather M. Struntz, Assistant Editor Committee on Studies and Publications John Mark Hansen, Chair; Rosina Bierbaum, Johanna Drucker, Gerald Early, Carol Gluck, Linda Greenhouse, John Hildebrand, Philip Khoury, Arthur Kleinman, Sara Lawrence-Lightfoot, Alan I. Leshner, Rose McDermott, Michael S. McPherson, Frances McCall Rosenbluth, Scott D. Sagan, Nancy C. Andrews (ex officio), David W. Oxtoby (ex officio), Diane P. Wood (ex officio) Inside front cover: Howard Chandler Christy’s painting of the signing of the United States Constitution was commissioned in 1939 as part of the congressional observance of the Constitution’s sesquicentennial. Completed in 1940, the 20-by-30-foot framed oil-on-canvas scene is among the best known images in the United States Capitol. Contents 5 Religion & Democracy: Interactions, Tensions, Possibilities Robert Audi 25 Democracy & Religion: Some Variations & Hard Questions Kent Greenawalt 37 Democracy, Religion & Public Reason Samuel Freeman 59 Liberalism & Deferential Treatment Paul Weithman 72 The Ironies of the New Religious Liberty Litigation Cathleen Kaveny 87 The Perils of Politicized Religion David E. Campbell 105 Are Organizations’ Religious Exemptions Democratically Defensible? Stephanie Collins 119 Secular Reasons for Confessional Religious Education in Public Schools Winfried Löffler 135 Conscience, Truth & Action Lorenzo Zucca 148 Do Human Rights Have a Secular, Individualistic & Anti-Islamic Bias? T. Jeremy Gunn 170 Judaism, Pluralism & Public Reason Jonathan A. Jacobs 185 Religion & Transitional Justice Colleen Murphy 201 Patriotism & Moral Theology John E. Hare Dædalus Journal of the American Academy of Arts & Sciences Nineteenth-century depiction of a Roman mosaic labyrinth, now lost, found in Villa di Diomede, Pompeii Dædalus was founded in 1955 and established as a quarterly in 1958. The journal’s namesake was renowned in ancient Greece as an inventor, scientist, and unriddler of riddles. Its emblem, a maze seen from above, symbolizes the aspiration of its founders to “lift each of us above his cell in the labyrinth of learning in order that he may see the entire structure as if from above, where each separate part loses its comfortable separateness.” The American Academy of Arts & Sciences, like its journal, brings together distinguished individuals from every field of human endeavor. It was chartered in 1780 as a forum “to cultivate every art and science which may tend to advance the interest, honour, dignity, and happiness of a free, independent, and virtuous people.” Now in its third century, the Academy, with its more than five thousand members, continues to provide intellectual leadership to meet the critical chal- lenges facing our world. Dædalus Summer 2020 Claims for missing issues will be honored free Issued as Volume 149, Number 3 of charge if made within three months of the publication date of the issue. Claims may be © 2020 by the American Academy submitted to [email protected]. Members of Arts & Sciences. of the American Academy please direct all Editorial offices:Dædalus , American Academy questions and claims to [email protected]. of Arts & Sciences, 136 Irving Street, Cambridge Advertising and mailing-list inquiries may MA 02138. Phone: 617 576 5085. Fax: 617 576 5088. be addressed to Marketing Department, MIT Email: [email protected]. Press Journals, One Rogers Street, Cambridge Library of Congress Catalog No. 12-30299. MA 02142-1209. Phone: 617 253 2866. Fax: 617 253 1709. Email: [email protected]. Dædalus publishes by invitation only and assumes no responsibility for unsolicited man- To request permission to photocopy or repro- uscripts. The views expressed are those of the duce content from Dædalus, please complete an author(s) of each essay, and not necessarily online request form at http://www.mitpress of the American Academy of Arts & Sciences. journals.org/rights_permission, or contact the Permissions Manager at MIT Press Journals, One Dædalus (ISSN 0011-5266; E-ISSN 1548-6192) is Rogers Street, Cambridge MA 02142-1209. Fax: published quarterly (winter, spring, summer, 617 253 1709. Email: [email protected]. fall) by The MIT Press, One Rogers Street, Cambridge ma 02142-1209, for the American Corporations and academic institutions with Academy of Arts & Sciences. An electronic full- valid photocopying and/or digital licenses with text version of Dædalus is available from The the Copyright Clearance Center (CCC) may re - MIT Press. Sub scription and address changes produce content from Dædalus under the terms should be addressed­­ to MIT Press Journals Cus- of their license. Please go to www.copyright tomer Service, One Rogers Street, Cambridge .com; CCC, 222 Rosewood Drive, Danvers MA MA 02142-1209. Phone: 617 253 2889; U.S./ 01923. Canada 800 207 8354. Fax: 617 577 1545. Email: Printed in the United States by The Sheridan [email protected]. Press, 450 Fame Avenue, Hanover PA 17331. Subscription rates: Electronic only for non- Newsstand distribution by TNG, 1955 Lake member individuals–$53; institutions–$175. Park Drive, Ste. 400, Smyrna GA 30080. Canadians add 5% GST. Print and electronic for nonmember individuals–$59; institutions– Postmaster: Send address changes to Dædalus, $219. Canadians add 5% GST. Outside the One Rogers Street, Cambridge MA 02142-1209. United States and Canada add $24 for postage Periodicals postage paid at Boston MA and at and handling. Prices subject to change with- additional mailing offices. out notice. Institutional subscriptions are on The typeface is Cycles, designed by Sumner a volume-year basis. All other subscriptions Stone at the Stone Type Foundry of Guinda begin with the next available issue. CA. Each size of Cycles has been sep arately Single issues: $15 for individuals; $38 for designed in the tradition of metal types. institutions. Outside the United States and Canada, add $6 per issue for postage and han- dling. Prices subject to change without notice. Religion & Democracy: Interactions, Tensions, Possibilities Robert Audi uch of the world is seeing conflict between people whose views per­ mit basing political actions and lawmaking on religious convictions M and people whose democratic values oppose this. Democratic societ­ ies are in principle open to the free exercise of religion and, in constitution, they are characteristically pluralistic in both culture and religion. Religions are highly variable in their stance toward government, but many of the world’s most popu­ lous religions, including Christianity and Islam, are commonly taken to embody standards of conduct, such as certain prohibitions, that cannot be endorsed by democratic governments committed to preserving liberty for the religious and the nonreligious alike. The present age is seeing much discussion of just how far re­ ligious liberty should extend in democratic societies and just what role religion should play in the conduct of citizens. The most prominent range of problems concerning the tensions between re­ ligion–or certain religions or interpretations thereof–and democracy are insti­ tutional. They concern the relations that do or should obtain between “church” and state: between religious institutions or organized religious groups and govern­ ment or its agencies. Institutional matters, however, are not the only ones impor­ tant for understanding the relation between religion and democracy. Ethics and po­ litical theory also extend to standards appropriate to the conduct of individual cit­ izens. Here the ethics of citizenship, as it is now sometimes called, focuses on how individual citizens should understand the role, in civic affairs, of religious convic­ tions, especially their own convictions about how human life should be lived. This concerns not only deciding what to support by one’s votes and public advocacy, but also how to conduct civic discourse. The essays in this issue of Dædalus–most of them based on contributions to a seminar sponsored by the Australian Catholic University in March of 2019–address both institutional questions concerning re­ ligion and democracy and the ethics of citizenship as bearing on how individuals, religious or not, may best regard their role in the political system in which they live. n entire book could be devoted to conceptual exploration of either de­ mocracy or religion. None of the essays in this issue undertakes that task, A but all of them implicitly conceive religion in a way that avoids narrow­ © 2020 by Robert Audi https://doi.org/10.1162/DAED_a_01800 5 Religion & Democracy: Interactions, Tensions, Possibilities ness. For instance, none of the authors assumes that a religion must be theistic or that a democracy must use a particular system for selecting government officials. This is appropriate, and here the explorations of religion in relation to democra­ cy apply to all the commonly accepted instances of both religion and democracy. One minimal assumption about democracy shared by the authors is that the term properly
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