Religious Liberty in «Natural Law and Natural Rights»
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Abstract
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John Finnis since 1980 has published many important scholarly papers treating different aspects of religious liberty. These works include both philosophical and theological perspectives. Some of the best of this work has specifically addressed Dignitatis humane, the Second Vatican Council’s declaration of Religious Freedom. Perhaps surprisingly, then, Finnis says almost nothing explicitly about either the Council or about religious freedom in Natural Law and Natural Rights. I shall argue here that Finnis nonetheless identifies and cogently defends in Natural Law and Natural Rights (NLNR) the foundational components of a sound conception of religious liberty. Building upon these anchor points – drawing a line connecting the dots, if you will – one can bring this conception into clear view. Because it is constructed bottom up from deep philosophical foundations, this implicit account of religious liberty is critically justified, as well as robust. In this article I also build upon Finnis’s foundations, and show how putative divine revelations to humankind impact religious liberty and, then, describe the cultural formations conducive to making robust religious liberty practically available to the inquiring, deliberating, acting person.
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References
Benedict XVI, «Address on the Occasion of Christmas Greetings to the Roman Curia », Vatican City, 2010.
Benedict XVI, «Address to the Fifth General Conference of the Bishops of Latin America and the Caribbean», Vatican City, 2007.
Benedict XVI, «Address to the Bishops of the United States of America on their Ad Limina Visit», Vatican City, 2012.
Benedict XVI, «Message for the Celebration of World Peace Day», Vatican City, 2011.
Finnis, J., Collected Essays of John Finnis V: Religion & Public Reasons, Oxford University Press, 2011.
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Finnis, J., Natural Law and Natural Rights. Oxford University Press, Oxford (2nd ed.) 2011.
Finnis, J., «Why Religious Liberty is a Special, Important and Limited Right», Notre Dame Legal Studies Paper, No. 09-11, 2009.
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John Paul II, Centesimus Annus, Vatican City, 1991.
Keown, J. & George, R., Reason, Morality, and Law: The Philosophy of John Finnis, Oxford University Press, Oxford, 2013.
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Second Vatican Council. Declaration on Religious Liberty Dignitatis humanae, Vatican City, 1965.
Shah, T., Farr, T. & Friedman, J., Religious Freedom and Gay Rights: Emerging Conflicts in the United States and Europe, Oxford University Press, Oxford, 2016.
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