Freedom of Religion/Philosophical Origins/Tradition contributions/Benthamite Utilitarianism
What have religious and philosophical traditions contributed to our understanding of this right?
Benthamite Utilitarianism
Bentham’s utilitarianism was often fervently anti-religious; as Jake E. Crimmins writes, “ always the aim in view was to test the institutions, practices, rituals, doctrines, and beliefs of religion against the standard of utility. The results of this test were invariably negative and stand as a compelling testimony to Bentham's unmitigated atheism and to his desire to sweep away all religion in order to construct society anew according to the principles of his secular utilitarianism” (1986, 96). Bentham’s writings support greater religious freedom. For example, he argued in favor of a law tolerating Unitarianism, against blasphemy laws and laws criminalizing religious dissent, and against citizens being forced to take religious oaths (96). He argued that the state should recuse itself from all matters of religion, arguing unambiguously for both the separation of church and state and universal free exercise. In his Constitutional Code, Bentham writes that in his ideal state, the following would be true:
“For the business of religion, there is no department: there is no Minister. Of no opinion on the subject of religion, does this Constitution take any cognizance. It allows not of reward in any shape for the professing or advocating of any particular opinion on the subject of religion. It allows not of punishment in any shape for the professing or advocating of any particular opinion on the subject of religion. It leaves to each individual, after hearing any such arguments as he chooses to hear, to decide for himself on each occasion, what opinion has the truth on its side” (Bowring).
References:
Bowing: https://oll.libertyfund.org/titles/bentham-the-works-of-jeremy-bentham-vol-9-constitutional-code
Crimmins, James E. “Bentham on Religion: Atheism and the Secular Society.” Journal of the History of Ideas 47, no. 1 (1986): 95–110. https://doi.org/10.2307/2709597.