Publication details

Náboženská svoboda v krizi

Title in English Religious Liberty in Crisis


Year of publication 2017
Type Article in Periodical
Magazine / Source Právník
MU Faculty or unit

Faculty of Social Studies

Field Political sciences
Keywords constitutional democracy; culture wars; religious liberty; secularism; state neutrality; toleration
Description Political crises are moments of redefinition of deeply fixed meanings of concepts. In the context of the so-called “culture wars”, the issue whether religious liberty should be guaranteed as a free-standing constitutional right has arisen.Many authors have challenged the singling out and constitutional preference for religious liberty. Probably the most sophisticated argument until now has been offered by Brian Leiter, the professor of Jurisprudence at the University of Chicago, whose book has also been positively mentioned in our country. This article is discussing the persuasiveness of Leiter’s conception of religious liberty. It reviews his conceptualization of religion, the arguments for tolerating religion and the place of religion in constitutional democracy. Taking into account the Czech historical experience, it shows many problems of Leiter’s conception, which eventually must be seen as much less persuasive as it seemed at first sight.
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