Why Tolerate Religion?

by Brian Leiter

Overview

Why it's wrong to single out religious liberty for special legal protections

This provocative book addresses one of the most enduring puzzles in political philosophy and constitutional theory—why is religion singled out for preferential treatment in both law and public discourse? Why, for example, can a religious soup kitchen get an exemption from zoning laws in order to expand its facilities to better serve the needy, while a secular soup kitchen with the same goal cannot? Why is a Sikh boy permitted to wear his ceremonial dagger to school while any other boy could be expelled for packing a knife? Why are religious obligations that conflict with the law accorded special toleration while other obligations of conscience are not?

In Why Tolerate Religion?, Brian Leiter argues that the reasons have nothing to do with religion, and that Western democracies are wrong to single out religious liberty for special legal protections. He offers new insights into what makes a claim of conscience distinctively "religious," and draws on a wealth of examples from America, Europe, and elsewhere to highlight the important issues at stake. With philosophical acuity, legal insight, and wry humor, Leiter shows why our reasons for tolerating religion are not specific to religion but apply to all claims of conscience, and why a government committed to liberty of conscience is not required by the principle of toleration to grant exemptions to laws that promote the general welfare.

Product Details

ISBN-13:	9780691153612
Publisher:	Princeton University Press
Publication date:	10/28/2012
Pages:	208
Product dimensions:	5.60(w) x 8.50(h) x 3.00(d)

About the Author

Brian Leiter is the Karl N. Llewellyn Professor of Jurisprudence and Director of the Center for Law, Philosophy, and Human Values at the University of Chicago. He is the author of Naturalizing Jurisprudence and Nietzsche on Morality and the coeditor of the annual Oxford Studies in Philosophy of Law. He authors the Leiter Reports blog

Table of Contents

Preface and Acknowledgments ix




Introduction 1




Chapter I

Toleration 5




Chapter II

Religion 26




Chapter III

Why Tolerate Religion? 54




Chapter IV

Why Respect Religion? 68




Chapter V

The Law of Religious Liberty in a Tolerant Society 92




Notes 135

Selected Bibliography 175

Index 181

What People are Saying About This

From the Publisher

"Think you understand religious toleration? Think again. Brian Leiter's bracing argument moves deftly from the classics of political philosophy to the riddles of modern case law, demolishing old nostrums and sowing fresh insights with each step. Every reader will learn something from this remarkable book, and, beginning now, every serious scholar of religious toleration will have to contend with Leiter's bold claims."—Christopher L. Eisgruber, Princeton University

"This is a provocative and bracing essay, one that is bound to stimulate much discussion."—Richard Kraut, Northwestern University

"The place of religion in the public arena, and the kind of protection and even respect it should be entitled to from the state, is a topic of significant contemporary interest. Leiter writes about it with wit and good humor. He is even bruising on occasion. But there can be no doubting his capacity as a scholar, his intellectual energy, or his ability to persuade."—Timothy Macklem, King's College London

"Leiter argues that there are no principled, moral reasons for singling out religion as the subject of toleration. He has cut through a dense philosophical and legal literature, focused on a question of great importance, and developed a provocative, sharp, and yet nuanced case. Anyone concerned with this topic will have to read and take seriously the arguments presented in this very well-written and accessible book."—Micah J. Schwartzman, University of Virginia

Editorial Reviews

One of Choice's Outstanding Academic Titles for 2013

From the Publisher

"Students and scholars likely will be citing Leiter's clear and powerful arguments for many years."

Choice

"[C]ompelling read . . . makes for a fresh and lively contribution to this ongoing debate."

Journal of Applied Philosophy

"Why Tolerate Religion? is a readable book that exposes several tenuous assumptions underlying the predominant justifications for religious exemptions. At the same time, it provides a fresh and intuitive framework for analyzing conscience-based objections to facially neutral laws that should appeal to legal practitioners, jurists, and philosophers alike."

Harvard Law Review

[E]legant and accessible . . . straightforward and clear. Readers will find the book engaging and thought-provoking; yet Leiter's discussion is nonetheless philosophically sophisticated, incorporating nuanced considerations from legal theory, meta-ethics, and political philosophy. Most importantly, Leiter's book provides a sound basis for pursuing these crucial matters further.

Philosophers' Magazine - Scott F Aikin

Overall, Leiter's judicious and penetrating volume is an excellent example of how philosophy can be brought to bear on practical issues of the day.

Morning Star - Alex Miller

Why Tolerate Religion? is a closely argued and thought-provoking examination of questions that will only become more important in our increasingly multicultural world.

Barnes & Noble Review - Adam Kirsch

A slim volume, deeply conversant with the literature in law and philosophy, and by turns bold, bracing and bruising, Why Tolerate Religion? should command the attention of anyone interested in the place of faith in the public arena.

Jerusalem Post - Glenn C. Altschuler

A model of clarity and rigour and at points strikingly original, this is a book that anyone who thinks seriously about religion, ethics and politics will benefit from reading.

New Statesman - John Gray

The arguments in this book can not be adequately summarized in a reasonably short review, as they are rather complex, but is well worth studying, as it is an important subject, especially for those who have any responsibility for law-making.J

Magonia Review of Books - ohn Harney

The questions addressed in this book have been asked by many people throughout the decades, and are well-worth examining more rigorously. . . . This book's thesis is well-argued and promises to be thought-provoking for everyone who reads it.

GrrlScentist - Devorah Bennu

A slim volume, deeply conversant with the literature in law and philosophy, and by turns bold, bracing and bruising, Why Tolerate Religion? should command the attention of anyone interested in the place of faith in the public arena.
— Glenn C. Altschuler

Jerusalem Post

A model of clarity and rigour and at points strikingly original, this is a book that anyone who thinks seriously about religion, ethics and politics will benefit from reading.
— John Gray

New Statesman

The questions addressed in this book have been asked by many people throughout the decades, and are well-worth examining more rigorously. . . . This book's thesis is well-argued and promises to be thought-provoking for everyone who reads it.
— Devorah Bennu

GrrlScentist

Thought-provoking. . . . Leiter brings an interdisciplinary perspective and insightful analysis to his perplexing subject.

Los Angeles Review of Books