This book aims to examine and critically analyse the role that religion has and should have in the public and legal sphere. The main purpose of the book is to explain why religion, on the whole, should not be tolerated in a tolerant-liberal democracy and to describe exactly how it should not be tolerated - mainly by addressing legal issues.
The main arguments of the book are, first, that as a general rule illiberal intolerance should not be tolerated; secondly, that there are meaningful, unique links between religion and intolerance, and between holding religious beliefs and holding intolerant views (and ultimately acting upon these views); and thirdly, that the religiosity of a legal claim is normally a reason, although not necessarily a prevailing one, not to accept that claim.
Yossi Nehushtan is Senior Lecturer at the School of Law, Keele University, and Co-Director of the MA in Human Rights, Globalization and Justice.
1. Introduction 2. The Principle of Tolerance I. Introduction II. The Definition of Tolerance and the Right to be Tolerated III. The Components of Tolerance IV. Tolerance and Grudge V. Tolerance and Power VI. Conclusion 3. The Limits of Liberal Tolerance I. Introduction: Perfectionist Liberalism as a Starting Point II. The Limits of Tolerance: Reciprocity and Proportionality III. Who is the True Intolerant One? IV. Conclusion 4. A Tolerant-Liberal Democracy I. The Competing Political Theories II. The Case Against Neutrality III. A Pluralistic-Liberal State or a Tolerant-Liberal State? The Re-Establishment of Tolerance 5. The Theoretical and Empirical Links Between Religion and Intolerance I. Introduction II. The Empirical Findings III. The Theoretical Links Between Religion and Intolerance IV. Is the Co-Existence of Religion and Prejudice Paradoxical? V. Conclusion 6. Accommodating Religion by Granting Conscientious Exemptions: Is Religion Special? I. Accommodating Religion by Granting Conscientious Exemptions II. Conscientious Exemptions as an Expression of Tolerance III. Is Religion Special?: Five Possible Answers IV. Neutral Approaches V. `Equal Regard' Approaches VI. Liberal Value-Based Approaches VII. Pro-Religion Approaches VIII. Anti-Religion Approaches IX. Conclusion: Is Religion Special? 7. Conclusion I. A Short Introduction to the Conclusion II. Why and when the Religiosity of a Claim for Accommodation or Exemption Matters III. And a Final Conclusion IV. Post-Conclusion: A Note about Religion, the Academic World and the Real World