Religious freedom has become an international concept: As the scope of the recently concluded Politics of Religious Freedom project attests to, the grammar of religious freedom has spread far and wide, creating a broad and complex field where international norms and procedures frequently clash with deeply embedded local conceptions of law, religion, and freedom.
Posts Tagged ‘international law’
I agree with Kahn (and with Schmitt) about the fact that political theory should leave room for decision and exception. But to me, the main question is: to what extent? Are there no principles that admit no exception? When I read Kahn, as when I read Schmitt, I don’t seem to encounter any such principles—anything like what Habermas thematized in Law and Morality as “indisponibility,” that is, rights that are not at the disposal of the sovereign. Can the sovereign decide that torture is a legitimate practice? The answer, to me, should be no without exception.
What is interesting about An-Na`im’s arguments is that they ground the case for the secular state not in the Quran, not in claims about the presence of the imago Dei in the person or in some other source of the person’s intrinsic dignity, not in natural law, some closely similar type of practical reason, or universal moral precepts, but rather in what might be called “second order” observations about the phenomenology of belief, the character of government, the lessons of history, and the like. To be sure, good reasons for the secular state lie therein. But are these arguments sufficient to ground an Islamic case for constitutionalism, human rights, and the secular state? I doubt it.