Patrick Nogoy

How should a liberal state treat its citizens who subscribe to religion and enjoy its component goods? This thesis explores the possibility of reconciling religion and justice. It argues for (1) a proper understanding of religion and the kind of good it constitutes; (2) the possibility of a liberal theory of justice which takes fully into account the claims of believers; and (3) an arrangement of social institutions which protects the engagement of citizens with faith with the goods of religion. There have been several recent liberal approaches to the question which promise to accommodate the claims of believers in societies characterized by pluralism. They aim at the coexistence of citizens with faith with other citizens who are either non-adherents or even opposed to religion. However, so this thesis argues, these approaches are not successful. In particular, they fail to establish more than a mere doctrine of non-discrimination against believers. As a result, these liberal frameworks fail to address the central question of how liberal justice ought to treat religious goods. In reaction, some theorists of religion have claimed that there is a deep incompatibility between liberalism and a proper understanding of what a life devoted to religion is. In contrast, this thesis proposes a novel approach which starts from a unified view of religion, and proceeds to develop a liberal framework to accommodate the claims of believers. It argues that whilst non-discrimination is obviously necessary and fundamental, a more ambitious, proper understanding of religious goods and religious needs can contribute to a more coherent liberal strategy towards citizens with faith. It could also help motivate social policies and institutions to treat believers and non-believers in a just and fair manner.

The paper is about Kant’s moral psychology, a complex analysis and philosophical reflection on the tension of human will as arbitrium sensitivum in acting consistently as ratio essendi. It explores the tension of fallibility of the human will. In Kant’s notion of practical freedom he points to the dynamics of the will—Wille and Willkur—and how it creates tension between choice and culpability. This occurs specifically in the Willkur’s function as the arbiter. I explore the impact of Willkur’s arbitration in self-determination, especially the important call of obedience to the Wille. I conclude with an emphasis on the challenge for Kantian will to operate towards unity which enables the agent to be authentically autonomous.

How should a liberal state treat its citizens who subscribe to religion and enjoy its component goods? This thesis explores the possibility of reconciling religion and justice. It argues for (1) a proper understanding of religion and the kind of good it constitutes; (2) the possibility of a liberal theory of justice which takes fully into account the claims of believers; and (3) an arrangement of social institutions which protects the engagement of citizens with faith with the goods of religion. There have been several recent liberal approaches to the question which promise to accommodate the claims of believers in societies characterized by pluralism. They aim at the coexistence of citizens with faith with other citizens who are either non-adherents or even opposed to religion. However, so this thesis argues, these approaches are not successful. In particular, they fail to establish more than a mere doctrine of non-discrimination against believers. As a result, these liberal frameworks fail to address the central question of how liberal justice ought to treat religious goods. In reaction, some theorists of religion have claimed that there is a deep incompatibility between liberalism and a proper understanding of what a life devoted to religion is. In contrast, this thesis proposes a novel approach which starts from a unified view of religion, and proceeds to develop a liberal framework to accommodate the claims of believers. It argues that whilst non-discrimination is obviously necessary and fundamental, a more ambitious, proper understanding of religious goods and religious needs can contribute to a more coherent liberal strategy towards citizens with faith. It could also help motivate social policies and institutions to treat believers and non-believers in a just and fair manner.

Cécile Laborde proposes a liberal egalitarian view for a liberal state to adopt in its fair treatment of religious citizens. She suggests a method where state neutrality is applied restrictively and religion is “disaggregated” across standard liberal rights. Without recourse to a legal-political category religion, she responds to the problem of religious accommodation by using main elements of a particular liberal right(s) to account for the dimension of religion that an issue of justice makes salient. In reply to the problem of state neutrality, she proposes that a liberal state can be non-neutral in its treatment of religious claims as long as religion is not a marker for social division, does not impose its comprehensive ethics, and provides publicly accessible reasons. I argue that adopting Laborde’s approach has conceptual and pragmatic advantages as a political strategy (modus vivendi) in resolving justice claims. However, its content-neutral and procedural framework partially meets the requirements of justice of religious citizens because of its egalitarian motivation. In adopting a minimal political conception of religion defined by elements of other liberal rights, the liberal state employs a narrow understanding of religion as a “collection” of beliefs and practices. This can result in religious citizens exercising partial or even distorted expressions of their religious identities. I suggest a conceptual refinement in Laborde’s theory if it aims at attracting endorsement from religious citizens as a reasonable conception of justice. I will survey some alternative frameworks and ideas (e.g. Raz value-based approach, Riordan’s capacity for truth argument) and build on their strengths. I propose vocation as a useful concept for a liberal state to employ in appropriately understanding and assessing religious commitment. My modest proposal presents a liberal understanding of religion-state relationship other than those framed in the themes of neutrality, toleration, exclusion, or limitation of practices.