dunnettreader + tolerance + montesquieu   2

Colin Kidd - Civil Theology and Church Establishments in Revolutionary America | JSTOR: The Historical Journal, Vol. 42, No. 4 (Dec., 1999), pp. 1007-1026
The discourse of America's founding generation, it is now widely recognized, was rich and variegated in its composition, drawing upon the commonwealth tradition, the English common law, Montesquieu, Locke, Scottish moral philosophy, and the classics. These sources yield significant clues as to how eighteenth-century Americans viewed religious liberty and church-state relations, subjects of the First Amendment to the Constitution. Supplementing the work of legal historians on the religious provisions of the early state constitutions, the study of political ideas suggests the parameters of the eighteenth-century debate over the effects which various types of religious belief and ecclesiastical establishment had upon manners and institutions. It also reveals the ideological underpinnings of the apparently inconsistent legal provisions for religion at the state level, and, far from settling the elusive question of `original intent', highlights the nature of the divisions within the founding generation. -- downloaded pdf to Note
article  jstor  intellectual_history  political_philosophy  moral_philosophy  theology  religious_history  church_history  religious_culture  religion-established  civil_religion  civil_liberties  tolerance  US_constitution  17thC  18thC  British_history  British_politics  US_history  Founders  bill_of_rights  ancient_Rome  ancient_Greece  Commonwealthmen  Locke-religion  Hutcheson  Smith  Montesquieu  civic_virtue  republicanism  republics-Ancient_v_Modern  US_legal_system  US_politics  downloaded  EF-add 
january 2015 by dunnettreader
Jeremy Waldron - Toleration and Calumny: Bayle, Locke, Montesquie and Voltaire on Religious Hate Speech (2010) :: SSRN
NYU School of Law, Public Law Research Paper No. 10-80 -- There is a considerable literature on the issue of hate speech. And there is a considerable literature on religious toleration (both contemporary and historic). But the two have not been brought into relation with one another. In this paper, I consider how the argument for religious toleration extends beyond a requirement of non-persection and non-establishment. I consider its application to the question of religious vituperation. The focus of the paper is on 17th and 18th century theories. Locke, Bayle and other Enlightenment thinkers imagined a tolerant society as a society free of hate speech: the kind of religious peace that they envisaged was a matter of civility not just non-persecution. The paper also considers the costs of placing limits (legal or social limits) on religious hate-speech: does this interfere with the forceful expression of religious antipathy which (for some people) the acceptance of their creed requires? -- Number of Pages in PDF File: 25 -- Keywords: Bayle, Defamation, Enlightenment, Hate Speech, Locke, Toleration -- downloaded pdf to Note
paper  SSRN  intellectual_history  17thC  18thC  Enlightenment  tolerance  religious_belief  religious_wars  religious_lit  anticlerical  anti-Catholic  persecution  free_speech  civil_society  civic_virtue  politeness  hate_speech  freedom_of_conscience  Bayle  Locke  Locke-religion  Montesquieu  Voltaire  universalism  heresy  politics-and-religion  political_culture  minorities  public_sphere  public_disorder  civility-political  respect  downloaded  EF-add 
july 2014 by dunnettreader

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