A few weeks ago, as part of Jesus Week at the University of Auckland, Thinking Matters and Evangelical Union hosted an event entitled A Godless Public Square: Do ‘Private’ Christian Beliefs Have a Place in Public Life? This event was a conversation between Theology, Philosophy and Law and featured Matthew Flannagan - Analytic Theologian, Glenn Peoples - Philosopher and Madeleine Flannagan - Legal Scholar. The video is still [...]
Entries Tagged as 'Jurists'
A Godless Public Square: Do ‘Private’ Christian Beliefs Have a Place in Public Life? Part III Madeleine Flannagan – Law
August 26th, 2011 139 Comments
Tags: Doctrine of Religious Restraint · Freedom of Religion · Jesus Week · Paul Rishworth · Religion in Public Life · Rights and Freedoms · Steven Smith · Thinking Matters
“Confronting the Challenge of Secularism” Madeleine to Speak at the Notre Dame Center for Ethics and Culture
August 11th, 2011 13 Comments
Not too long ago I wrote a post entitled We’re Going to San Francisco! In it I announced that in November 2011 Madeleine and I will jointly be giving a paper to the Society of Biblical Literature Annual Meeting, and that I will be giving a paper to the Evangelical Philosophical Association Annual Meeting and also [...]
Tags: Notre Dame · Notre Dame Center for Ethics and Culture · Religion in Public Life · San Francisco · South Bend · Vincent Phillip Muñoz
The New Zealand Association of Rationalist Humanists and the Privileging of Secularism
December 20th, 2010 189 Comments
The New Zealand Association of Rationalist Humanists (“NZARH”) has a statement of aspirational ideals for the New Zealand state on their website. Entitled “The Tolerant Secular State” it is anything but. The first two sentences of the document exhibit a confusion which is inherent throughout (and commonly found in discussions of church and state): “The [...]
Tags: Doctrine of Religious Restraint · Free Exercise · Freedom of Religion · Harry Potter · Jurisprudence · Lord Voldemort · NZARH · Paul Rishworth · Religion in Public Life · Rights and Freedoms · Secularism · Steven Smith
The Separation of Church and Self: Rethinking Separationism
December 16th, 2010 119 Comments
Is it just for a pluralistic society to ground its public policy on religious premises? What role should religion play in such a society? Debate over questions like these has figured in theology, philosophy, political science, jurisprudence and popular culture for centuries. In contemporary Western pluralistic society the debate continues. Even for those unfamiliar with [...]
Tags: Christopher Eberle · Coercion Test · Doctrine of Religious Restraint · Endorsement Test · Freedom of Religion · Gerald Gaus · James Madison · John Rawls · Jürgen Habermas · Justice Scalia · Law Studies · Lee v Weisman · Lemon Test · Nicholas Wolterstorff · Philip Devine · Philip Quinn · Philosophy of Religion · Political Philosophy · Religion in Public Life · Richard Rorty · Robert Audi · Separationism · Stephen Carter · Terence Cuneo · Vincent Phillip Muñoz
Can State Expropriation of Minerals be Justified? Part II
March 9th, 2010 6 Comments
In Can State Expropriation of Minerals be Justified? Part I, I set out a common law property rights argument drawing from the writings of jurists Blackstone and Locke as well as contemporary philosopher Ed Feser. I looked at what circumstances, if any, might justify the state taking of real property, looking specifically at minerals from [...]
Tags: Case of Mines · Crown Minerals Act 1991 · Edward Feser · James Parcell · John Locke · Kevin Counsell · Lewis Evans · Neil Quigley · Property Rights · Rights and Freedoms · Sub-Soil Land Rights · Takings · William Blackstone
Can State Expropriation of Minerals be Justified? Part I
March 5th, 2010 22 Comments
New Zealand, like many nations, has a long history of the state taking real property, often without compensation. In this two part series I examine one sub-set of takings, minerals from the sub-soil of privately held property (although the argument herein could apply with equal force to any state taking). Drawing from common law, the [...]
Tags: Crown Minerals Act 1991 · Edward Feser · John Locke · Property Rights · Rights and Freedoms · Sub-Soil Land Rights · Takings · William Blackstone
Property Rights: Blackstone, Locke and the Legislative Scheme Part II
February 19th, 2010 7 Comments
This two part series looks at the state of property rights under the current legislative scheme in New Zealand. Particularly I address attempts to suggest that the passage of Acts such as the Crown Minerals Act and the Resource Management Act have not significantly altered the common law concept of property rights and the claim [...]
Tags: Crown Minerals Act 1991 · Property Rights · Resource Management Act 1991 · Rights and Freedoms · Sub-Soil Land Rights · William Blackstone
Property Rights: Blackstone, Locke and the Legislative Scheme Part I
February 17th, 2010 10 Comments
This two part series looks at the state of property rights under the current legislative scheme in New Zealand. Particularly I address attempts to suggest that the passage of Acts such as the Crown Minerals Act and the Resource Management Act have not significantly altered the common law concept of property rights and the claim [...]
Tags: Crown Minerals Act 1991 · Edward Feser · John Locke · Property Rights · Resource Management Act 1991 · Rights and Freedoms · Sub-Soil Land Rights · William Blackstone
Name Suppression and the Balancing of Rights and Freedoms
December 22nd, 2009 4 Comments
God, via the consent of the governed, gives authority to the state to administer justice against those who violate the rights and freedoms of others. Given this, it is important that the citizens can see that justice is being done. My fellow blogger WhaleOil’s very public battle with New Zealand’s name suppression laws and the [...]
Tags: Due Process · Name Suppression · Rights and Freedoms · Thomas J · Whale Oil
Religious Restraint and Public Policy: Part VI
December 3rd, 2009 No Comments
In my last posts, beginning Religious Restraint and Public Policy: Part I, I set out the doctrine of religious restraint and critiqued some of the key arguments in support of it. I looked at the objection that the argument from respect is too thin, that applied consistently it excludes too much and Audi’s response to [...]
Tags: Christopher Eberle · Doctrine of Religious Restraint · Freedom of Religion · Jurisprudence · Law Studies · Lydia McGrew · Nicholas Wolterstorff · Phillip Quinn · Philosophy of Religion · Political Philosophy · Public Policy · Religion in Public Life · Robert Audi · Stephen Carter · Terence Cuneo
