Philosophy, Culture, and Traditions

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Philosophy, Culture, and Traditions Vol. 10 2014 ISSN 1609-2392 Table of Contents Theme: Oppression, Resistance, and Rights: Philosophical and Religious Perspectives Theme Editor: David J. Klassen Introduction David J. Klassen On the Philosophic Connection between 'Rights' and 'Oppression' James V. Schall, S.J. Defending Rights in a World Gone Mad: A Response to Father Schall Louis Groarke Religious and Secular Foundations of Universal Human Rights and Equality before the Law David J. Klassen The Theory and Praxis of Human Rights Nikolaj Zunic Culture, Religion, and Human Rights William Sweet Faith, Salvation, and the Sacraments in Aquinas: A Puzzle concerning Forced Baptisms Jennifer Hart Weed Freedom of Conscience and Religion in Canada Mary Anne Waldron Families and Faith Communities as Essential Mediating Structures in Canada Janet Epp Buckingham 1 11 19 35 53 73 95 111 123

ii Philosophy, Culture, and Traditions Groups v. Groups: Getting Past the Narrow Paradigm of Individual Rights Paul Groarke Flirting with Aggressive Secularism: Canada Confronts its Christian Law School Thomas M.J. Bateman Natural Law and Scapegoating Christopher S. Morrissey The Efficacy of Scapegoating and Revolutionary Violence Gregory R. McCreery Aristotle on the Power of Factional Friendships: Instruments of Force or Disabling Associations? Ronald Weed 141 161 185 203 221

CONTRIBUTORS Thomas M.J. Bateman is Associate Professor of Political Science at St Thomas University in Fredericton, New Brunswick, Canada. His teaching and research interests are in Canadian politics and government, civil liberties and constitutionalism, the Canadian Charter of Rights and Freedoms, and politics and religion. Janet Epp Buckingham is a professor at Trinity Western University in Langley, British Columbia. She has previously served as Director, Law and Public Policy, for the Evangelical Fellowship of Canada, and Executive Director of the Christian Legal Fellowship. She has many academic publications on religious freedom, and has published a book on the history of religious freedom in Canada, Fighting over God (2014). Louis Groarke is Professor of Philosophy in the Department of Philosophy at St. Francis Xavier University, in Antigonish, Nova Scotia, Canada. He specializes in ethics, aesthetics and political philosophy as well as in the history of philosophy. He is the author of The Good Rebel: Understanding Freedom and Morality (2002) and Moral Reasoning Rediscovering the Ethical Tradition (2011), and co-editor of Ideas Under Fire: Historical Studies of Philosophy and Science in Adversity (2012) and Shifting the Paradigm: Alternative Perspectives on Induction (2014). Paul Groarke is an Adjunct Professor of Philosophy at St Francis Xavier University and an Adjunct Professor of Criminology at St Thomas University, in Fredericton, New Brunswick. He practiced as a criminal lawyer for many years and was a member of the Canadian Human Rights Tribunal. His principal field is philosophy of law, with central interests in human rights. He is the author of Dividing the State: Legitimacy, Secession and the Doctrine of Oppression (2004) and Legal Theories: A Historical Introduction to Philosophy of Law (2013). David J. Klassen holds degrees in law and philosophy, including a Ph.D. in Philosophy from the Catholic University of America. He practiced law for many years, and is a philosophy instructor at Saint Mark s College and Corpus Christi College, Vancouver, British Columbia, Canada. His research interests include metaethics, natural law and natural rights, and philosophy of the person, and philosophy of religion. Gregory R. McCreery is currently a PhD candidate in Philosophy at the University of South Florida, Tampa, USA, where he studies political philosophy, and also teaches. His primary areas of interest include political

iv Philosophy, Culture, and Traditions and theological violence, political power, and the role violence plays in social organization. Christopher S. Morrissey is a Fellow of the Adler-Aquinas Institute. He lectures in logic and philosophy at Trinity Western University. He studied Ancient Greek and Latin at the University of British Columbia and has taught courses in these languages and in other classical subjects at Simon Fraser University. His book of Hesiod s poetry, Hesiod: Theogony / Works and Days, has been published by Talonbooks. He is the managing editor of The American Journal of Semiotics. James V. Schall, S. J. is Professor Emeritus in the Department of Government at Georgetown University, Washington, DC. He served as a member of the Pontifical Commission on Justice and Peace (1977-82) and was a member of the National Endowment for the Humanities (1984-90). Among his many books are Reason, Revelation, and the Foundations of Political Philosophy, Church, State, and Society in the Thought of John Paul II, Jacques Maritain: The Philosopher in Society, and At the Limits of Political Philosophy: From "Brilliant Errors" to Things of Uncommon Importance. William Sweet is Professor of Philosophy and Director of the Centre for Philosophy, Theology, and Cultural Traditions at St Francis Xavier University, Canada. He is Presidente d onore of the Istituto Internazionale Jacques Maritain (Rome), President of the World Union of Catholic Philosophical Societies, a past President of the Canadian Philosophical Association, and a member of the Steering Committee of the Fédération Internationale des Sociétés de Philosophie. Among his more than 20 published books are Intercultural Dialogue and Human Rights, Philosophical Theory and the Universal Declaration of Human Rights, Idealism and Rights, and a translation of Natural Law: reflections on theory and practice by Jacques Maritain. He is also an elected Fellow of the Royal Historical Society and of the Royal Asiatic Society. Mary Anne Waldron holds an appointment as Professor of Law at the Faculty of Law, University of Victoria, British Columbia, Canada. She has served terms as Associate Dean and Acting Dean of the Faculty and, from 2001-2009, was the University of Victoria s Associate Vice-President Legal Affairs. She currently holds the position of Associate Vice-President Faculty Relations and Academic Administration. Her research interests are in the area of human rights and, in particular, issues of freedom of conscience and religion. Her book, Free to Believe: Rethinking Freedom of Conscience and Religion in Canada was awarded the 2013 Canadian Law and Society Association prize for best book of the year. She was appointed Queen's Counsel in 2004.

Cultural Clash and Religion v Jennifer Hart Weed is Associate Professor of Philosophy at the University of New Brunswick, Fredericton, New Brunswick, Canada. She has a Bachelor s of Science in Biology from the University of Western Ontario and a Ph.D. in Philosophy from Saint Louis University. Her areas of specialization include mediaeval philosophy, contemporary metaphysics and philosophy of religion. She also teaches courses in philosophy of mind and philosophy of science. She serves on the Executive Council of the American Catholic Philosophical Association. Ronald Weed is Associate Professor and interim Chair of the Department of Philosophy at the University of New Brunswick. His areas of interests are ancient Greek philosophy, political thought, and ethical theory. He is the author of Aristotle on Stasis: A Moral Psychology of Political Conflict, and editor (with John von Heyking) of Civil Religion in the History of Political Thought. He has also published work on Aristotle, Rousseau, contemporary political theory, and on the topic of religious violence. Nikolaj Zunic is an Associate Professor of Philosophy at St. Jerome s University, Waterloo, Ontario, Canada. He has studied at the University of Toronto and the Institute of Philosophy, Catholic University of Leuven, Belgium. His research areas include philosophical anthropology, personalism, metaphysics, and German philosophy. He is the editor of Distinctions of Being: Philosophical Approaches to Reality (2013).