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Natural Rights, Natural Religion, and the Origins of the Free Exercise Clause
ARTICLES REASON AND CONVICTION: NATURAL RIGHTS, NATURAL RELIGION, AND THE ORIGINS OF THE FREE EXERCISE CLAUSE Steven J. Heyman* ABSTRACT One of the most intense debates in contemporary America involves conflicts between religious liberty and other key values like civil rights. To shed light on such problems, courts and scholars often look to the historical background of the Free Exercise Clause of the First Amendment. But that inquiry turns out to be no less controversial. In recent years, a growing number of scholars have challenged the traditional account that focuses on the roles of Thomas Jefferson and James Madison in the movement to protect religious liberty in late eighteenth-century America. These scholars emphasize that most of the political energy behind the movement came from Evangelical Christians. On this revisionist account, we should not understand the Free Exercise Clause and corresponding state provisions in terms of the Enlightenment views of Jefferson and Madison, which these scholars characterize as secular, rationalist, and skeptical—if not hostile—toward religion. Instead, those protections were adopted for essentially religious reasons: to protect the liberty of individuals to respond to God’s will and to allow the church to carry out its mission to spread the Gospel. This Article offers a different understanding of the intellectual foundations of the Free Exercise Clause. The most basic view that supported religious liberty was neither secular rationalism nor Christian Evangelicalism but what contemporaries called natural religion. This view held that human beings were capable of using reason to discern the basic principles of religion, including the duties they owed to God and one another. -
Mauro Pesce the Beginning of Historical Research on Jesus in The
Mauro Pesce University of Bologna [email protected] Tel +39 349 576 44 50 The Beginning of Historical Research on Jesus in the Modern Age 1. New Understandings of the Historical Figure of Jesus in Modern Age Is generally affirmed that the history of the research on the historical Jesus begins with H.S.Reimarus on the influence of Deism and Enlightenment (an idea that rests on a book published more than a century ago by A. Schweitzer1) and that is characterized by a series of phases or stages that culminate in the “last quest”. The aim of these pages is to present a critique of both these opinions. In fact, the tentative to reconstruct an image of Jesus independently from the theological interpretations of the Churches is already attested at the beginnings of the fifteenth century. Secondly, the history of the research must be understood not in the frame of a linear historical evolution that proceeds by subsequent phases, but in the light of a social history that takes into considerations the constant conflicting attitudes of different coexisting intellectual and academic institutions of Modern Age: Catholic theological Faculties, Protestant theological Faculties, and independent academic institutions and scholars. The first condition that made it possible a new historical research on Jesus was humanism which emphasized reading texts in the original language and which, starting at the beginning of the fourteenth century, influenced biblical research by bringing in a new understanding of early Christian concepts (for example metanoia versus poenitentia) in light of the Jewish and Greek cultures in which they were produced. -
1/L*Sa A, Professo
FIELDING'S CREATIVE PSYCHOLOGY: A BELIEF IN THE GOOD-NATURED MAN APPROVED: 1/l*sA a, Professo Minor (P^^ffessor LbcjUU^^ 7. Consulting Professor U>OJLc<Z<+r\ ~jh 1 Chairjjyzt of Graduate Studies in English Dearil of the Graduate "School ~ " Dundas, Doris K., Fielding's Creative Psychology; A Belief in the Good-Natured Man. Master of Arts (English)s December, 1972 , 124- pp., bibliography, 73 titles. The philosophy of Henry Fielding turns more upon a study of human nature than upon any stated adherence to a system of beliefs. The thesis of this paper is that he was a moderate law-and-order Anglican of his time, but strongly influenced by the deist Shaftesbury's studies of the psycho-, logical characteristics of men. These inquiries into moti- vations and Shaftesbury's advocacy of the social virtue of desiring good for others seem to have helped determine Fielding's philosophy. The first chapter of this paper shows Fielding's attitude toward Christianity and deism; the second examines in depth his antipathy to rigorism and cynicism; the third explains his considerable interest in Shaftesbury's psychological ideas; the last chapter illus- trates the art that Fielding created to serve his philosophy. Fielding's multilevel irony not only offers a wide range of interpretations, but its subtlety often allows the reader to choose whichever meaning he finds appropriate. The author is best understood, however, as not favoring Thwackum's rigid literalism, but not condemning the Anglican Church for har- boring him; not favoring the blind hypocrisy of the philoso- pher Square, but not condemning philosophy in general because of such "false philosophers." The worst of the false philosophers, in Fielding's view, combines religious extremism with a cynical philosophy to picture man as essentially depraved. -
Bibliography
BIBLIOGRAPHY Abbott, Edwin A., The Kernel and the Husk: Letters on Spiritual Christianity, by the Author of “Philochristus” and “Onesimus”, London: Macmillan, 1886. Adams, Dickenson W. (ed.), The Papers of Thomas Jefferson (Second Series): Jefferson’s Extracts from the Gospels, Ruth W. Lester (Assistant ed.), Princeton, NJ: Princeton University Press, 1983. Addis, Cameron, Jefferson’s Vision for Education, 1760–1845, New York: Peter Lang, 2003. Adorno, Theodore W., and Max Horkheimer, Dialectic of Enlightenment, John Cumming (trans.), London: Allen Lane, 1973. Agrippa, Heinrich Cornelius, The Vanity of the Arts and Sciences, London: Printed by R. E. for R. B. and Are to Be Sold by C. Blount, 1684. Albertan-Coppola, Sylviane, ‘Apologetics’, in Catherine Porter (trans.), Alan Charles Kors (ed.), The Encyclopedia of the Enlightenment (vol. 1 of 4), Oxford: Oxford University Press, 2001, pp. 58–63. Alexander, Gerhard (ed.), Apologie oder Schutzschrift für die vernünfti- gen Verehrer Gottes/Hermann Samuel Reimarus (2 vols.), im Auftrag der Joachim-Jungius-Gesellschaft der Wissenschaften in Hamburg, Frankfurt: Insel, 1972. ———, Auktionskatalog der Bibliothek von Hermann Samuel Reimarus: alphabe- tisches Register, Hamburg: Joachim-Jungius-Gesellschaft der Wissenschaften, 1980. Alexander, H. G. (ed.), The Leibniz-Clarke Correspondence: Together with Extracts from Newton’s “Principia” and “Opticks”, Manchester: Manchester University Press, 1956. © The Editor(s) (if applicable) and The Author(s) 2019 375 J. C. P. Birch, Jesus in an Age of Enlightenment, Christianities in the Trans-Atlantic World, https://doi.org/10.1057/978-1-137-51276-5 376 BIBLIOGRAPHY Allegro, John M., The Sacred Mushroom and the Cross: A Study of the Nature and Origins of Christianity Within the Fertility Cults of the Ancient Near East, London: Hodder and Stoughton, 1970. -
Chapter Thirty-Four Retrenchment and Revival in Western Christianity, to Ca. 1750 in the Seventeenth Century Men of Science
Chapter Thirty-four Retrenchment and Revival in Western Christianity, to ca. 1750 In the seventeenth century men of science, philosophers, and textual critics of the Bible had given western Christendom a powerful push toward the Enlightenment, but western Christendom was far too deeply established to be quickly undone. If we place the beginning of modernity late in the eighteenth century - with the commencement of the Industrial Revolution and capitalist economic theory, the formation of the United States of America, the French Revolution, and the crystalizing of nationalism - for a long time after Spinoza, Newton and Locke the scriptures were still fundamental for western European civilization. In the late seventeenth and the eighteenth century new and more emotional forms of Christianity emerged in Germany and Britain. Several important Christian doctrines, however, were losing their credibility. During the first half of the eighteenth century many Christians in western Europe and Britain abandoned doctrines that had scarcely been questioned in earlier times. The “reasonable” form to which in some quarters Christianity was reduced during the Enlightenment was quite different from what Christianity - whether Protestant or Catholic - had been in the sixteenth century. As Christianity (and eventually Judaism) was pruned back, western Christendom began to evolve into modern civilization. The cooling of Protestantism in Britain Although important steps toward the Enlightenment were taken in France, the Netherlands and some of the German states, even more important were events and attitudes in Britain. The Scientific Revolution in the seventeenth century and the Glorious Revolution of 1688-89 had instilled in many English citizens a confidence in the future and in parliamentary government that made possible the creation of a maritime empire. -
Antidotes to Deism: a Reception History of Thomas Paine’S the Age of Reason, 1794-1809
ANTIDOTES TO DEISM: A RECEPTION HISTORY OF THOMAS PAINE’S THE AGE OF REASON, 1794-1809 by Patrick Wallace Hughes Bachelor of Arts, Denison University,1991 Master of Library Science, University of Pittsburgh, 1994 Submitted to the Graduate Faculty of The Kenneth P. Dietrich School of Arts and Sciences in partial fulfillment of the requirements for the degree of Doctor of Philosophy University of Pittsburgh 2013 UNIVERSITY OF PITTSBURGH THE KENNETH P. DIETRICH SCHOOL OF ARTS AND SCIENCES The Kenneth P. Dietrich School of Arts and Sciences This dissertation was presented by Patrick Wallace Hughes It was defended on March 20, 2013 and approved by Van Beck Hall, Associate Professor, Department of History Alexander Orbach, Associate Professor Emeritus, Department of Religious Studies Marcus Rediker, Distinguished Professor, Department of History Adam Shear, Associate Professor, Department of Religious Studies Dissertation Advisor: Paula M. Kane, Associate Professor and John and Lucine O'Brien Marous Chair of Contemporary Catholic Studies, Department of Religious Studies ii Copyright © by Patrick Wallace Hughes 2013 iii ANTIDOTES TO DEISM: A RECEPTION HISTORY OF THOMAS PAINE’S THE AGE OF REASON, 1794-1809 Patrick Wallace Hughes, PhD University of Pittsburgh, 2013 In the Anglo-American world of the late 1790s, Thomas Paine’s The Age of Reason (published in two parts) was not well received, and his volumes of Deistic theology were characterized as extremely dangerous. Over seventy replies to The Age of Reason appeared in Britain and the United States. It was widely criticized in the periodical literature, and it garnered Paine the reputation as a champion of irreligion. -
Hume's Abject Failure,The Argument Against Miracles
Hume's Abject Failure, The Argument Against Miracles John Earman, Professor of the History and Philosophy of Science, University of Pittsburgh Abstract : Hume's famous essay on miracles is set in the context of the larger debate that was taking place in the eighteenth century about the nature of miracles and the ability of eyewitness testimony to establish the credibility of such events. The author contents that Hume's argument against miracles is largely unoriginal and chiefly without merit where it is original. To advance the issues so provocatively posed by Hume's essay requires the tools of the probability calculus being developed by Hume's contemporaries but largely ignored by Hume. Content Part I Hume on Miracles 1. Abstract 1 2 Hume's Religious Orientation 4 3 The Origins of Hume's Essay 6 4 The Puzzles of Hume's Definitions of “Miracles” 8 5 Conceptions of Miracles 9 6 What a Miracle Is for Hume 12 7 The Eighteenth-Century Debate on Miracles 14 8 The Structure of Hume's Essay 20 9 Hume's Straight Rule of Induction and His “Proof” Against Miracles 22 10 Hume, Bayes, and Price 24 11 Bayes and Bayesianism 26 12 The Bayes-Price Rejection of Hume's Straight Rule 29 13 Hume's Stultification of Scientific Inquiry 31 14 The Indian Prince 33 15 Hume's Maxim 38 16 What Is Hume's Thesis? 43 17 Hume's Diminution Principle 49 18 Multiple Witnessing 53 19 More Multiple Witnessing 56 20 What Is Right About Hume's Position 59 21 Fall Back Positions for Hume 61 22 Probabilifying Religious Doctrines 65 23 Hume's Contrary Miracles Argument 67 24 -
Secularization, R.I.P. Author(S): Rodney Stark Source: Sociology of Religion, Vol
Secularization, R.I.P. Author(s): Rodney Stark Source: Sociology of Religion, Vol. 60, No. 3 (Autumn, 1999), pp. 249-273 Published by: Oxford University Press Stable URL: http://www.jstor.org/stable/3711936 . Accessed: 11/08/2013 15:27 Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp . JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected]. Oxford University Press and Association for the Sociology of Religion, Inc. are collaborating with JSTOR to digitize, preserve and extend access to Sociology of Religion. http://www.jstor.org This content downloaded from 134.139.29.9 on Sun, 11 Aug 2013 15:27:10 PM All use subject to JSTOR Terms and Conditions SociologyofReligion 1999, 60:3 249-273 Secularization,R.l.P. RodneyStark* UniversityofWashington Fromthe beginning, social scientists have celebrated thesecularization thesis despite the fact that itnever was consistent with empirical reality. More than 150 years ago Tocqueville pointed out that 'thefacts by no means accord with [the secularization] theory," and this lack of accord has grown far worsesince then. Indeed, the only shred of credibility forthe notion that secularization hasbeen takingplace has depended on contrasts between now and a bygoneAge of Faith. In thisessay I assemblethe work of many recent historians who are unanimous that the Age of Faith is pure nostalgia- thatlack of religious participation was, if anything, even more widespread inmedieval timesthan now. -
A Christian Nation?
University of Chicago Law School Chicago Unbound Journal Articles Faculty Scholarship 2008 The World of the Framers: A Christian Nation? Geoffrey R. Stone Follow this and additional works at: https://chicagounbound.uchicago.edu/journal_articles Part of the Law Commons Recommended Citation Geoffrey R. Stone, "The World of the Framers: A Christian Nation?," 56 UCLA Law Review 1 (2008). This Article is brought to you for free and open access by the Faculty Scholarship at Chicago Unbound. It has been accepted for inclusion in Journal Articles by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. THE WORLD OF THE FRAMERS: A CHRISTIAN NATION? Geoffrey R. Stone Each year, the UCLA School of Law hosts the Melville B. Nimmer Memorial Lecture. Since 1986, the lecture series has served as a forum for leading scholars in the fields of copyright and First Amendment law. In recent years, the lecture has been presented by distinguished scholars such as Lawrence Lessig, David Nimmer, Robert Post, Mark Rose, Kathleen Sullivan, and Jonathan Varat. The UCLA Law Review has published each of these lectures and proudly con- tinues that tradition by publishing an Essay by this year's presenter, Professor Geoffrey R. Stone. Mel Nimmer was one of my heroes. Along with a handful of other giants of his generation, Mel helped transform our understanding of the First Amendment. Much of my own thinking about free speech builds on his insights. Most particularly, his explanation of categorical balancing as a central mode of First Amendment analysis both captured and redefined the evolution of free speech jurisprudence. -
<1 August, 1965
<1 K AMERICAN DEISM IN THE EIGHTEENTH CENTURY THESIS Presented to the Graduate Council of the North Texas State University in Partial Fulfillment of the Requirements For the Degree of MASTER OF ARTS by Vernon E. Mattson, B. A. Denton, Texas August, 1965 TABLE OF CONTENTS Page Chapter I. ENGLISH BACKGROUND . 1 II. DEISM IN COLONIAL AMERICA (1713-1763). 35 III. DEISM IN THE REVOLUTIONARY ERA (1763-1789) . 74 IV. DEISM IN THE EARLY NATIONAL PERIOD (1789-1805) . 109 V. THE TENOR OF DEISM IN EIGHTEENTH CENTURY AMERICA. 144 BIBLIOGRAPHY.* 0.. 0 .. .0 . .*..* .0 ..0..* . * .149 iii CHAPTER I ENGLISH BACKGROUND As was true of most intellectual trends in colonial America, deism originated in England and spread to the colonies. To understand deism as it developed in eighteenth century America, one must examine the roots and mature status of deism in England. Deism did not emerge as an entirely new system of thought in seventeenth century England. The disputes, schisms and wars of the Reformation laid a negative foundation for its appearance. The counter- accusations of the clergy of different sects provided ammunition for its anticlerical campaign. The Reformation itself, by its rejection of the ritualism and authority of the Roman Catholic Church, its teaching that in matters of religion each individual should use his own reason, and its putting greater stress on the ethical element in religion, was a movement in the same direction as deism. It did not, however, advance as far. To replace the authority of the Catholic Church, the Protestants substituted the Bible. During the century succeeding the Protestant revolt, Thomas Hobbes and other philosophers insisted that the Scriptures be subjected to an historical and rational criticism. -
Jesus and His Two Fathers the Person and the Legacy
Jesus and his Two Fathers The Person and the Legacy Uri Wernik Series in Philosophy of Religion Copyright © 2020 Vernon Press, an imprint of Vernon Art and Science Inc, on behalf of the author. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior permission of Vernon Art and Science Inc. www.vernonpress.com In the Americas: In the rest of the world: Vernon Press Vernon Press 1000 N West Street, C/Sancti Espiritu 17, Suite 1200, Wilmington, Malaga, 29006 Delaware 19801 Spain United States Series in Philosophy of Religion Library of Congress Control Number: 2019949485 ISBN: 978-1-62273-770-3 Front cover: Saint Joseph with the Infant Jesus, by Guido Reni, c 1620s. Hermitage Museum, St. Petersburg. In public domain, via Wikimedia Commons. Product and company names mentioned in this work are the trademarks of their respective owners. While every care has been taken in preparing this work, neither the authors nor Vernon Art and Science Inc. may be held responsible for any loss or damage caused or alleged to be caused directly or indirectly by the information contained in it. Every effort has been made to trace all copyright holders, but if any have been inadvertently overlooked the publisher will be pleased to include any necessary credits in any subsequent reprint or edition. To the memory of Dr. Clara Bertuola, a child neuropsychiatrist and student of theology, who could discuss my unorthodox ideas with an open mind, and taught those who knew her how to live, love, and die. -
Thomas Morgan (1671/2-1743): from Presbyterian Preacher to Christian Deist : a Contribution to the Study of English Deism Issue Date: 2018-11-08
Cover Page The handle http://hdl.handle.net/1887/66795 holds various files of this Leiden University dissertation. Author: Berg, J. van den Title: Thomas Morgan (1671/2-1743): from presbyterian preacher to Christian deist : A contribution to the study of English deism Issue Date: 2018-11-08 Thomas Morgan (1671/2-1743): from Presbyterian Preacher to Christian Deist A Contribution to the Study of English Deism Proefschrift ter verkrijging van de graad van Doctor aan de Universteit Leiden, op gezag van Rector Magnificus prof. mr. C.J.J.M. Stolker, volgens besluit van het College voor Promoties te verdedigen op donderdag 8 november 2018 klokke 15.00 uur door Jan van den Berg geboren te ‘s-Gravenhage in 1951 2 Promotor: Professor Dr. E.G.E. van der Wall Copromotor: Dr. J.W. Buisman Promotiecommissie: Professor Dr. M.P.A. de Baar Professor Dr. L. van Bunge (Erasmus University Rotterdam) Professor Dr. H.G.M. Jorink Professor Dr. W.W. Mijnhardt (University Utrecht) 3 CONTENTS Thomas Morgan considered as deist 6-17 §1: An introduction 6 §2: Deism in the view of its English opponents 7 §3: Deism as natural religion 9 §4: Did an English deist movement exist? 11 §5: The study and definition of English Deism 12 §6: Who were the English deists? 13 §7: Thomas Morgan as ‘Christian Deist’ 15 §8: The structure of the thesis 17 Chapter One: Life of Thomas Morgan 18-41 §1: Introduction 18 §2: Youth in Somerset 18 §3: Year and place of birth 19 §4: Education in Bridgwater in Somerset 21 §5: A Geneva connection? 22 §6: The dissenting community 22 §7: Independent