Freedom of Religion/Philosophical Origins/Tradition contributions/Early Modern Rationalism

Freedom of Religion

What have religious and philosophical traditions contributed to our understanding of this right?

Early Modern Rationalism

The early-modern rationalist tradition has its roots in the European Enlightenment movement of the seventeenth and eighteenth centuries. Though famous philosophers like Kant and Descartes came to define the era through their work on method and idealism, thinkers like Spinoza and Leibniz were also influential in their writings on metaphysics, religion, and political philosophy. Both thinkers’ works contributed to a developing discourse on the rights and duties of the sovereign within political society.

It is important to note that the early-modern definition of a “right” differs significantly from its modern meaning. Leibniz’s work, for example, was influential in his time because of his conviction that “right” implies an intrinsic moral permissibility in an actor to complete an action that does not negatively impact society. In an article entitled “The Grounds of Right and Obligation in Leibniz and Hobbes,” Christopher Johns explains that “for Leibniz right (jus) is a permissive power, that is, the power of doing whatever is consistent with public utility” (Johns, 2009). Ultimately, Leibniz is especially significant because his works of political philosophy are some of the first to assert that a sovereign’s “right” to do something does not necessarily imply moral justification. In his “Reflections on the Common Concept of Justice,” the German philosopher writes that “the error of those who have made justice depend upon power comes in part from their confusion of Right with law. Right cannot be unjust; this would be a contradiction. But law can be, for it is power which gives and maintains law; and if this power lacks wisdom or good will, it can give and maintain very bad laws” (Leibniz, 564). This idea that a sovereign is not justified in all of its actions clashes with that of earlier theorists like Thomas Hobbes, and both Leibniz and Spinoza use it to imply that the sovereign ought not to wield unmitigated power over its subjects. Leibniz asserts this idea as a general theory which can apply to religious freedom, though his near-contemporary Benedictus de Spinoza dealt more specifically with the issue.

While Spinoza also generally refrains from arguing against the sovereign’s right to do as it pleases, his writings do imply an understanding that a sovereign’s ability to dictate laws to its citizens is not entirely justified. In fact, his Theological-Political Treatise reveals his strong support for religious toleration. Spinoza’s exploration of the intersection between faith and sovereignty within this work leads him to first conclude that no sovereign entity can claim to rule a society simply by religious right. This is because humans are so prone to disagreement within religious discourse, meaning “the rights of the state would be dependent on every man’s judgment and passions” if sovereignty based its authority in divine right (Spinoza, 163). Through an analysis of the Biblical Hebrew state he further proposes that: “We may now clearly see from what I have said:— I. How hurtful to religion and the state is the concession to ministers of religion of any power of issuing decrees or transacting the business of government: how, on the contrary, far greater stability is afforded, if the said ministers are only allowed to give answers to questions duly put to them, and are, as a rule, obliged to preach and practise the received and accepted doctrines.” (Spinoza, 182)

In addition to laying out one of the earliest arguments in favor of the separation of church and state, this Spinoza passage lays the groundwork for his assertion that the state ought not to compel its citizens to follow any one religion. Near the end of his discourse he states that though the government may have the “right” (or at least, the ability) to dictate whatever terms it pleases to its subjects, “a government would be most harsh which deprived the individual of his freedom of saying and teaching what he thought; and would be moderate if such freedom were granted” (Spinoza, 195). Ultimately, both Spinoza asserts the impermissibility of a sovereign’s use of power to force belief or faith upon its subjects. Taken together, writings from early-modern rationalists like Leibniz and Spinoza present interesting arguments about the rights of sovereign and citizen as they relate to religious freedom. Leibniz’s declaration that the sovereign’s laws are not necessarily just opens the door for a discussion about the permissibility of lawbreaking, while Spinoza’s conclusion that rulers err when they attempt to dictate religion to their citizens give philosophers license to question state-enforced religious homogeneity. Though neither philosopher states unequivocally that a citizen has an innate right to practice whatever religion they choose, both seem to have agreed that the state is not morally justified in all of its attempts to control certain aspects of its citizens’ lives. Leibniz argues this point very generally, while Spinoza speaks specifically to the dangers of religious influence over a sovereign within political society.

References:

Britain., Great. “The Statutes of the Realm : Printed by Command of His Majesty King George the Third, in Pursuance of an Address of the House of Commons of Great Britain. From V.1.” HathiTrust, babel.hathitrust.org/cgi/pt?id=pst.000017915496.

Johns, Christopher. “The Grounds of Right and Obligation in Leibniz and Hobbes.” The Review of Metaphysics, vol. 62, no. 3, 2009, pp. 551–574. JSTOR, www.jstor.org/stable/40387825. Accessed 30 July 2020.

“Reflections on the Common Concept of Justice (1702[?]).” Philosophical Papers and Letters, by Gottfried Wilhelm Leibniz and Leroy E. Loemker, Kluwer Academic, 1989.

Spinoza, Benedictus de, and R. H. M. Elwes. The Chief Works of Benedict De Spinoza. G. Bell, 1891, oll-resources.s3.amazonaws.com/titles/1710/Spinoza_1321.01_EBk_v6.0.pdf.