从永恒到此地:神圣的迁就与失落的法律语言

N. Stolzenberg
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摘要

本文断言,宗教调和的话语已经失去了意义,而它失去意义的原因是因为我们的术语(包括“宗教”、“调和”和“世俗主义”等术语)是从已经被遗忘的政治神学话语传统中继承下来的:神性调和的神学。本文从广义上重构了政治神学传统的内容,认为世俗主义的发源地和自由主义的发源地都在这里,一旦我们认识到这一点,许多教义和概念上的难题就可以解决,包括如何定义宗教,是否将世俗人文主义定性为一种宗教,以及是否接受目前由宗教保守派倡导的广泛的(实际上是无限的)宗教和解权的概念。提出的答案是:(a)从政治神学传统的立场来看,宗教指的是关于道德律的内容和来源的信仰,而不是取决于对神的持续信仰;(b)世俗人文主义在这个意义上是一种宗教,确实是由迁就主义政治神学推动的宗教;(c)由于必须接受世俗人道主义“宗教”的同样理由,必须拒绝宗教通便权的广泛概念。本文进一步认为,作为政治理论/政治思想史的一个问题,将自由主义和世俗主义的起源定位于神圣调和的传统,揭示了保守的政治神学和自由主义的政治理论是一体的。最后,强调了法律对人文主义传统的中心性和人文主义对法律的中心性。
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From Eternity to Here: Divine Accommodation and the Lost Language of Law
This paper asserts that the discourse of religious accommodation has stopped making sense, and that the reason it has stopped making sense is because our terminology (including such terms as "religion," "accommodation," and "secularism") is inherited from tradition of political theological discourse that has been forgotten: the theology of divine accommodation. The paper reconstructs the content of that tradition of political theology in broad strokes, arguing that the birthplace of secularism and the birthplace of liberalism both lie here and that, once we recognize that, a number of doctrinal and conceptual puzzles can be solved, including how to define religion, whether to characterize secular humanism as a religion, and whether to accept the broad (virtually boundless) conception of a right to religious accommodation now being promoted by religious conservatives. The answers proposed are that (a) religion, from the standpoint of this tradition of political theology, refers to beliefs about the content and source of the moral law, and is not contingent on continued belief in a deity; (b) secular humanism is a religion in this sense, and is indeed the religion promoted by accommodationist political theology; (c) the broad conception of a right to religious accommodation must be rejected for the same reasons that the "religion" of secular humanism must be accepted. The paper further argues, as a matter of political theory/history of political thought, that locating the origins of liberalism and secularism in the tradition of divine accommodation reveals conservative political theology and liberal political theory to be one and the same. Finally, it underscores the centrality of law to the humanist tradition and the centrality of humanism to law.
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