GCCA476: HUMAN RIGHTS II

Spring 2006, H-103A, F/56, A. Morimoto

OBJECTIVES

Freedom of religion comes among the top on the list of fundamental human rights. This course is designed to help students with understanding the basic concepts pertaining to religious freedom, toleration, and separation of church and state.

The focus is less on the contemporary jurisprudence of the First Amendment religion clause issues in America, and more on the theoretical analysis of the principles that emerged during the early debates preceding the American constitutional expression. The seventeenth-century debate over conscience and community, however remote it may seem, does provide the frame of reference that is surprizingly relevant today.

During the course, students may encounter challenges to their own preconception about the universal and almost confessional status of liberalism and toleration as its core belief. The seemingly necessary connection between liberalism and toleration, and conversely, conservatism and intolerance, will have to come under scrutiny.

Depending on class composition, the transcultural and indeed transreligious applicability of these prevailing concepts may become a theme for discussion.

REFERENCE

• Andrew Murphy, Conscience and Community: Revisiting Toleration and Religious Dissent in Early Modern England and America (Pennsylvania State University Press, 2001). Chapters 1, 2, 6, 7 and 8, will be our primary text.
  
  
• John Witte, Jr., Religion and the American Constitutional Experiment, Second edition (Westview Press, 2005), is a handy, easy-to-read reference with the historical overview, basic terms and concepts, modern jurisprudence, and international comparison of the First Amendment religion clause.
  
  Students are invited to an academic conference in which the author, John Witte, Jr., will be the keynote speaker. It is scheduled Friday, June 23, in Tokyo.
  
  
• John Witte, Jr. and Johan D. van der Vyver, eds., Religious Human Rights in Global Perspective (Marinus Nijhoff Publishers, 1996) is another useful resource book with articles relevant to our discussion. Some examples are:

• Martin Marty, "Religious Dimensions of Human Rights," tells us why we need to adduce religious approach to human rights despite mounting difficulties.
  
  
• Max Stackhouse and Stephen Hearley, "Religion and Human Rights: A Theological Apologetic," argues theologically for human rights in face of postmodern philosophers and social theorists of religion.
  
  
• For those interested in the Islamic understanding of religious freedom, the following three articles in the volume will be illuminative for a start:

• Abdullahi Ahmed An-Na'im, "Islamic Foundations of Religious Human Rights
• Riffat Hassan, "Rights of Women Within Islamic Communities"
• Donna E. Arzt, "The Treatment of Religious Dissidents Under Classical and Contemporary Islamic Law"

ICU Library has a copy each of these books. You may also want to purchase them via internet.

SCHEDULE

REQUIREMENTS

1. Please do not miss the first day of the class (April 14). Depending on the class composition, we will determine the focus of the class, assign the readings, and schedule the presentations. All students interested in taking the course should attend.
   
   
2. Keep up with the reading assignment in order to participate in and enjoy class discussions. Come prepared with questions and comments.
   
   
3. Each student will be asked to make a presentation on a subject carefully selected in consultation with the instructor. Handout materials should be xeroxed for all class members. Your presentation will be considered successful if it generates informed discussion among participants.
   
   
4. A final paper of 10 to 15 pages, double-spaced, is required. Incorporate the lecture content and classroom discussion. You may either refine your class presentation or redefine your topic entirely. Due will be announced later.
   
   

GRADES

Presentation (30%), contribution to class discussion (20%) and final paper (50%).