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Protecting Suprarationality.
- Source :
-
Persona y Derecho . 2016, Issue 74, p203-221. 19p. - Publication Year :
- 2016
-
Abstract
- In this paper, I address religion from a legal perspective. I argue that religion should be settled outside the secular legal system; otherwise, the secular legal system would not be truly secular. However, religion demands special protection as a public good and social value, as it constitutes an extrinsic constitutional limit of the legal. For a secular legal system, protecting religion ultimately means protecting human beings' pursuit of the suprarational. Protecting suprarationality has three important legal consequences: (a) suprarational acts in the strictest sense should never be validated as legal acts; (b) democratic communities should not use suprarational arguments in legal discourse; and (c) the secular legal system cannot regulate suprarationality or the essentials of the religious community. The protection of religion demands both a dualistic structure that distinguishes the political community from the religious community and the treatment of religion as a right: the right to religion. [ABSTRACT FROM AUTHOR]
Details
- Language :
- Spanish
- ISSN :
- 02114526
- Issue :
- 74
- Database :
- Academic Search Index
- Journal :
- Persona y Derecho
- Publication Type :
- Academic Journal
- Accession number :
- 120606079
- Full Text :
- https://doi.org/10.15581/011.74.203-221