Liberal Approaches to Religious Lawmaking
This chapter examines liberal proposals for addressing the dilemma of religious lawmaking, focusing on the work of Kent Greenawalt. It shows that liberal approaches to religious lawmaking reflect problematic assumptions about the nature of religion as voluntarist, of religious convictions as a matter of choice rather than compulsion, of religion as a private rather than public matter, and of the moral self as divisible into private and public aspects. Greenawalt’s approach, which permits a larger role for religion in lawmaking, is an improvement over traditional liberal theories. However, these proposals remain inadequate, particularly in their failure to recognize or protect the Citizenship Rights and interests of pregnant women.
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