Presenter and Discussant, ICON-S Conference ‘Courts, Power, Public Law’, University of Copenhagen, 5-7 July 2017

Looking forward to presenting next week on ‘The European Court of Human Rights’ “constitutional morality” in the religious domain’. The paper forms part of a panel on ‘Judicialisation of Human Rights Law and Policy: A Vehicle for Effective Protection of Fundamental Rights?’

The description of this panel reads as follows:

‘The panel introduces the Leiden Research Group ‘Effective Protection of Fundamental Rights in a Pluralist World’. Though judicialisation is in itself not a new phenomenon, in the context of today’s globalizing world and the increasing interaction between legal systems, judicialisation is taking on entirely new dimensions and is giving rise to new and complex issues. This is especially true in the field of fundamental rights. At first sight, this judicialisation in the area of human rights seems to be a positive development that furthers the effective protection of human rights and fundamental freedoms at the international regional and domestic level. However, judicialisation also raises a number of issues that need to be addressed, such as the democratic basis of law-making and separation of powers. Against this background, judicialisation as a means to further fundamental rights protection is very much in need of new and innovative research concerning its meaning workings and impact. Three elements merit particular attention during the panel: a.Conceptualization of judicialisation in the area of human rights; b.Judicialisation in relation to substantive areas of human rights; c.Potential and limitations of judicialisation for the effective protection of fundamental rights.’

My second paper presentation in Copenhagen is titled ‘In Defense of the Classical Liberal Conception Regarding Religious Freedom’, and will take place during a panel on ‘The Separation of Civil and Religious Powers’.

You can read the abstract of the paper here:

‘Leading U.S. scholar of constitutional interpretation Michael Paulsen has developed an interesting theory of religious freedom called ‘The Priority of God’. Paulsen distinguishes, first of all, a liberal conception of religious freedom, according to which it is widely assumed that religious truth exists in a society and the state is tolerant towards the various faith and other traditions. The U.S. however, has developed in the direction of a modern conception of religious freedom, which no longer recognises religious truth although the state remains tolerant. Moreover, still according to Paulsen, several European countries have adopted a postmodern conception of religious freedom. This conception does not just no longer recognise religious truth, but also implies a considerably less tolerant state as secularism becomes the established ‘religion’. This view paradoxically resembles the preliberal stance of religious intolerance out of the conviction that religious truth exists. In response to such developments and in light of the meeting’s general theme with special attention to the role of courts in achieving this, the proposed paper will make a case for the classical liberal position with respect to religious freedom. In light of the current religious diversity in society, this position still appears to be most conducive to safeguarding the position of religious minorities in public life in the increasingly secular, majoritarian contexts of Western liberal democracies.’

Finally, I will serve as discussant for Mathew John’s paper on ‘Framing Religion in Constitutional Power: A View from Indian Constitutional Law’ during the latter panel. Mathew John received his Ph.D. at the London School of Economics and Political Science in 2012. Since that year he has been working as an Associate Professor at the Jindal Global Law School Sonipat. Since January 2017 Ph.D. Mathew John is Fellow at the Käte Hamburger Center for Advanced Study in the Humanities ‘Law as Culture’.

For the full program of the ICON-S Conference, see: https://icon-society.org/wp-content/uploads/2017/06/ICON-S-Conference-2017-Programme.pdf.

See also:

Upcoming Speaking Engagement: 2017 ICON∙S Conference on ‘Courts, Power, and Public Law’, Copenhagen, July 5-7;

Press Release: ‘Hans-Martien ten Napel has book published “Constitutionalism, Democracy and Religious Freedom. To Be Fully Human”’.

 

Bernie Sanders, Tim Farron, and the regime change which has taken place within liberalism

In my new book on Constitutionalism, Democracy and Religious Freedom. To Be Fully Human (Routledge, 2017), I note how partly under the influence of the social and cultural revolution of the 1960s, liberalism has arguably developed from a means of managing diversity in the direction of an ideological agenda of its own. Illustrative of this development is that for certain scholars it has now become a question mark if, and to what extent, religion should be tolerated at all within a liberal democracy.

For more information on the book, go here:

Constitutionalism, Democracy and Religious Freedom. To Be Fully Human.

See also:

Press Release: ‘Hans-Martien ten Napel has book published “Constitutionalism, Democracy and Religious Freedom. To Be Fully Human”’.

 

 

Book Recommendations (I): Nicholas Wolterstorff, Understanding Liberal Democracy (2012)

About the book:

Understanding Liberal Democracy presents notable work by Nicholas Wolterstorff at the intersection between political philosophy and religion. Alongside his influential earlier essays, it includes nine new essays in which Wolterstorff develops original lines of argument and stakes out novel positions regarding the nature of liberal democracy, human rights, and political authority. Taken together, these positions are an attractive alternative to the so-called public reason liberalism defended by thinkers such as John Rawls. The volume will be of interest to philosophers, political theorists, and theologians, engaging a wide audience of those interested in how best to understand the nature of liberal democracy and its relation to religion.’

About the author:

‘Nicholas Wolterstorff is Noah Porter Professor Emeritus of Philosophical Theology, Yale University. Currently he is a Senior Fellow at the Institute for Advanced Studies in Culture, at the University of Virginia. He has been President of the American Philosophical Association, and of the Society of Christian Philosophers; he is a fellow of the American Academy of Arts and Sciences. Among the lectures he has given are the Wilde Lectures at Oxford University, the Gifford Lectures at St Andrews University, and the Stone Lectures at Princeton Seminary. He has published over twenty books including On Universals, Works and Worlds of Art, Art in Action, Until Justice and Peace Embrace, Reason within the Bounds of Religion, Divine Discourse, John Locke and the Ethics of Belief, Thomas Reid and the Story of Epistemology, Educating for Shalom, Lament for a Son, Justice: Rights and Wrongs and Justice in Love.’

Source, and more information: Wolterstorff, Understanding Liberal Democracy. Essays in Political Philosophy.

As I write in the introduction to my new book, Constitutionalism, Democracy and Religious Freedom. To Be Fully Human (Routledge, 2017), I have found that some of the most worthwhile books on liberal democracy which have been published in recent years, have been authored, for example, by ethicists and philosophers. You can read part of the introduction to my book here.

As I demonstrate in the third chapter of Constitutionalism, Democracy and Religious Freedom. To Be Fully Human, Wolterstorff’s Understanding Liberal Democracy is a major example of such a worthwhile book.

See also Twelve posts introducing my new book on Constitutionalism, Democracy and Religious Freedom. To Be Fully Human

Constitutionalism, Democracy and Religious Freedom. To Be Fully Human now also available as eBook

See:

eBook (VitalSource)

Kindle (Amazon)

Table of Contents

Introduction

1. In Medias Res: Communal Religious Freedom under Pressure

2. Social Pluralist Constitutionalism

3. Pluriform Democracy

4. A Generous Conception of Religious Freedom

Conclusion: “A Horizon of Beauty”

Press Release: ‘Hans-Martien ten Napel has book published “Constitutionalism, Democracy and Religious Freedom. To Be Fully Human”’

’18 May 2017

In 2014 Hans-Martien ten Napel received a Research Fellowship in Legal Studies at the Center of Theological Inquiry in Princeton, NJ. The book he wrote as a result of this fellowship was published last week by Routledge Law.

The description of the book, entitled Constitutionalism, Democracy and Religious Freedom. To Be Fully Human, is as follows:

‘In both Europe and North America it can be argued that the associational and institutional dimensions of the right to freedom of religion or belief are increasingly coming under pressure. This book demonstrates why a more classical understanding of the idea of a liberal democracy can allow for greater respect for the right to freedom of religion or belief.

The book examines the major direction in which liberal democracy has developed over the last fifty years and contends that this is not the most legitimate type of liberal democracy for religiously divided societies. Drawing on theoretical developments in the field of transnational constitutionalism, Hans-Martien ten Napel argues that redirecting the concept and practice of liberal democracy toward the more classical notion of limited, constitutional government, with a considerable degree of autonomy for civil society organizations would allow greater religious pluralism. The book shows how, in a postsecular and multicultural context, modern sources of constitutionalism and democracy, supplemented by premodern, transcendental legitimation, continue to provide the best means of legitimating Western constitutional and political orders.’

Research Fellowship in Legal Studies Hans Martien ten Napel

More information about the book

Interview in 2015 with Hans-Martien ten Napel about the research project

Source: https://www.universiteitleiden.nl/en/news/2017/05/hans-martien-ten-napel-published-book-constitutionalism-democracy-and-religious-freedom.-to-be-fully-human

For the Dutch version of the press release, please see: Hans-Martien ten Napel publiceert boek “Constitutionalism, Democracy and Religious Freedom. To Be Fully Human”

Book on Constitutionalism, Democracy and Religious Freedom. To Be Fully Human now published

About the book:

‘In both Europe and North America it can be argued that the associational and institutional dimensions of the right to freedom of religion or belief are increasingly coming under pressure. This book demonstrates why a more classical understanding of the idea of a liberal democracy can allow for greater respect for the right to freedom of religion or belief.

The book examines the major direction in which liberal democracy has developed over the last fifty years and contends that this is not the most legitimate type of liberal democracy for religiously divided societies. Drawing on theoretical developments in the field of transnational constitutionalism, Hans-Martien ten Napel argues that redirecting the concept and practice of liberal democracy toward the more classical notion of limited, constitutional government, with a considerable degree of autonomy for civil society organizations would allow greater religious pluralism. The book shows how, in a postsecular and multicultural context, modern sources of constitutionalism and democracy, supplemented by premodern, transcendental legitimation, continue to provide the best means of legitimating Western constitutional and political orders.’

For the source, and more information also on how to order the book, see: Routledge.com or Amazon.com.

See also: Interview on project on ‘Constitutionalism, Democracy and Religious Freedom’.

Blogpost ‘Something Fundamental is at Stake in the Dutch Parliamentary Elections’

Geert Wilders’ PVV Party believes that Islam is a totalitarian ideology and not a religion, and thus Muslims are not equally entitled to the same freedom of religion or belief as other believers. This view is incompatible with liberal democracy.

Read the whole blogpost here: http://leidenlawblog.nl/articles/something-fundamental-is-at-stake-in-the-dutch-parliamentary-elections.

Book on Constitutionalism, Democracy and Religious Freedom. To Be Fully Human (Routledge) now available for pre-order

‘In both Europe and North America it can be argued that the associational and institutional dimensions of the right to freedom of religion or belief are increasingly coming under pressure. This book demonstrates why a more classical understanding of the idea of a liberal democracy can allow for greater respect for the right to freedom of religion or belief.

The book examines the major direction in which liberal democracy has developed over the last fifty years and contends that this is not the most legitimate type of liberal democracy for religiously divided societies. Drawing on theoretical developments in the field of transnational constitutionalism, Hans-Martien ten Napel argues that redirecting the concept and practice of liberal democracy toward the more classical notion of limited, constitutional government, with a considerable degree of autonomy for civil society organizations would allow greater religious pluralism. The book shows how in a post-secular and multicultural context, modern sources of constitutionalism and democracy, supplemented by premodern, transcendental legitimation, continue to provide the best means of legitimating Western constitutional and political orders.’

For more information, and to pre-order, see:

https://www.routledge.com/Constitutionalism-Democracy-and-Religious-Freedom-To-be-Fully-Human/ten-Napel/p/book/9781138647152;

https://www.amazon.com/Constitutionalism-Democracy-Religious-Freedom-Religion/dp/1138647152 (USA);

https://www.amazon.co.uk/Constitutionalism-Democracy-Religious-Freedom-Religion/dp/1138647152/ref=sr_1_8?ie=UTF8&qid=1485007049&sr=8-8&keywords=constitutionalism+democracy (United Kingdom);

https://www.amazon.de/Constitutionalism-Democracy-Religious-Freedom-Religion/dp/1138647152/ref=sr_1_1?ie=UTF8&qid=1485007114&sr=8-1&keywords=Constitutionalism+democracy+religious+freedom (Germany);

https://www.bol.com/nl/p/constitutionalism-democracy-and-religious-freedom/9200000055900993/ (Netherlands).

Upcoming Speaking Engagement, Seventh International Conference on Religion & Spirituality in Society, 17-18 April 2017, Imperial College London, London, UK

ReligionFrontCover

‘The Religion and Spirituality in Society knowledge community sets out in its conference, journal, book series and online community, to describe, analyze and interpret the role of religion in society. The community’s intellectual project is neutral with respect to the agendas of particular religions or explicit counterpoints to religion such as agnosticism or atheism.’

‘The Seventh International Conference on Religion & Spirituality in Society features research addressing the following annual themes and the 2017 Special Focus.

THEME 1: RELIGIOUS FOUNDATIONS THEME 2: RELIGIOUS COMMUNITY AND SOCIALIZATION THEME 3: RELIGIOUS COMMONALITIES AND DIFFERENCES THEME 4: THE POLITICS OF RELIGION​ 2017 Special Focus: Respecting Difference, Understanding Globalism’

Source, and more information: http://religioninsociety.com/2017-conference.

My own contribution is entitled ‘The Significance of Institutional Religious Freedom for Liberal Democracy’:

Questions surrounding the institutional dimension of religious freedom are among the most fundamental of our time. The reason for this is that they raise important issues regarding liberal democracy as such. As Jean L. Cohen pointed out, one of the reasons for this is because institutional religious freedom puts the sovereignty of the state, which has already eroded externally, also under pressure internally. As a result, the topic of institutional religious freedom is not just relevant to specialists in the right to freedom of religion or belief, or even human rights for that matter, but also from a more general religious studies point of view. Cohen considers it problematic that state sovereignty comes under pressure from communal religious freedom, because this constitutes a return to Medieval times. According to her, the idea of liberal democracy rests upon a monistic sovereignty conception. Although this is certainly a legitimate proposition, and probably the current dominant one, the proposed paper will argue in favour of a more inclusive conception of liberal democracy. According to this conception, within liberal democracy there is also room for those who adhere to a jurisdictional approach to religious freedom, i.e. recognise multiple sovereignties in a liberal democracy.

See: http://cgpublisher.com/conferences/384/proposals/50/index_html.

Blogpost ‘On the Close Connection between Religious Freedom and Liberal Democracy’

Thesis_defense_Aaron_R._Petty2-260x160

The individual dimension of religious freedom constitutes a foundation for the institutional dimension of the same right. Institutional religious autonomy is, in turn, foundational for the notion of limited government and as such for liberal democracy.

Read more here: http://leidenlawblog.nl/articles/on-the-close-connection-between-religious-freedom-and-liberal-democracy.