Yes science is a process. So I agree with your above statement about thinking science supplies absolute truth. Religion, as defined by the dictionary, supplies absolute truth. Come to think of it religion as defined as individual morals in action would also be absolute truth as the individual only acts upon morals they believe to be true. Anyway I don't know what that has to do with your denial of what Tishomingo posted.
“The Constitution does not import an absolute right in each person to be, at all times and in all circumstances, wholly freed from restraint. A community has the right to protect itself against an epidemic and may, at times, under the pressure of great dangers, be subjected to such restraint, to be enforced by reasonable regulations, as the safety of the general public may demand.” ~ Justice John Marshall Harlan, Jacobson v. Massachusetts, 1905. The court ruled that while individual freedom is guaranteed by the Constitution, it does not allow individual actions to be taken that would injure others, such as freedom of movement while carrying a deadly disease.
At this point I would just like to point out that we can have perfectly reasonable and enlightening debates without getting upset with each other. We are all here because we like to exchange ideas and argue, or debate, the implications of those ideas. I have found over the years that when someone disagrees with what I have to say it is usually becasue I have failed to express those ideas in a clear and concise manner. This doesn't mean I am always right, just that I have failed to adequately back up my ideas in a way that would at least allow another to understand my position, even if they disagree with it. We don't have to agree with each other about every issue. But we do need to attempt to understand each other's position in a respectful manner and allow the possibility that it may be that we ourselves are the one that is in the wrong.
There's wise saying:"when you've dug yourself into a hole, stop digging. No one said Easton's opinions trump the bill of rights, least of all Easton. And the definition of politics I provided has nothing directly to do with the Bill of Rights. If you are talking about the quotation from Easton, of course it's constitutionally viable. The Constitution contains the Bill of Rights. The Bill of Rights provides for freedom of speech & press. Professor Easton is exercising that right and not saying anything particularly controversial in doing so, certainly not anything about the Constitution, religion, liberty, or anything .controversial. Go back and read his statement a few times. Maybe it will be clear to you you misunderstood it. . In general, they aren't, unless they bring to work contagious diseases or refuse to take steps necessary to protect their co-workers--vaccinations, masks, etc. When religions promote irrational beliefs that are harmful to others, we can reasonably regulate them. T Please be more specific. What businesses are you talking about? How are they being destroyed? As I pointed out, the Supreme Court struck down OSHA provisions requiring Covid vaccinations for all workers in businesses hiring 100 or more, but allowed the DHHS to require them for health care workers. Sounds reasonable to me. What articles did I post without giving the source. There was nothing about yours to indicate it came from Scientific American. It helps to read your posts and make sure you explain they're someone else's before yuo post them. Congratulations. You did it right this time. I did read it. Nothing wrong with my initial response, although I was puzzled by the big letters. You obviously posted the article, just as you posted the out-of-context quotation by Durkheim because you think it strengthens your position. But really showing that science isn't infallible doesn't show we should pitch it out the window when dealing with a pandemic. As I often say, "nothing is certain, not even that. Life is a gamble, but I like to make educated bets, and so do most other intelligent people. So I go by my doctor's advice on health matters rather than the home remedies of Aunt Millie, and I give more weight to Fauci's opinions on vaccinations than I do demagogues like Trump or Desantis, or anonymous conspiracy theorists like QAnon.
But when either of them become vendors and enter the commercial arena as providers covered by the public accommodations section of the Civil Rights Act, they need to abide by the law. The commerce clause, part of the constitution, says Congress can set those rules. The Supreme Court has said "No right is absolute, not even the First Amendment. We can't cry fire in a crowded theater, practice human sacrifices, or stone adulteresses to death. At least that's the way it's been as long as our Constitution has been in existence, thank God!
.Rights trump privileges, or at least thats the way it used to be when we created the Bill of Rights.
well, I was thinking of the one in Post #84, where you ask: "Does the substance cause all individuals harm or place them are those around them in eminent danger?" Nothing wrong with advocating such a position. The distinction between harm and injury is a bit obscure.
We went off topic on a thread asking" What is Religion" when you brought up Durkheim in what appears to be a circuitous effort to advance right wing claims about government vaccination programs and denial of services to gays. Both of those matters were being discussed when I got into the act, presumably because you who brought them up, thought they were on topic then.. Which of your positions do you think I'm restating incorrectly?
This begs the question "which is which?" In the 50s, did an African-American have a right to drink from the white drinking fountain or be served at a segregated lunch counter? If he tried to do that, was he exercising a right or a privilege? It took decisions of Congress and the Supreme Court to make clear that (s)he did. Today, does a gay couple have a right to purchase a cake or digital web services from a vendor engaged in a commercial business licensed by the state. Stay tuned for the latest Supreme Court decision? "Legal Right. a claim recognized and delimited by law for the purpose of securing it b : the interest in a claim which is recognized by and protected by sanctions of law imposed by a state, which enables one to possess property or to engage in some transaction or course of conduct or to compel some other person to so engage or to refrain from some course of conduct under certain circumstances, and for the infringement of which claim the state provides a remedy in its courts of justice." Definition of LEGAL RIGHT
Concerning this wedding cake deal. Here's my thinking on the subject, no one has to agree with it, but it would be nice to hear about any else's ideas about how I'm wrong. The question is whether a private service offered to the general public may refrain from offering that service to certain individuals based on the religious beliefs of the owner of that service. If they may not, has their right to the exercise of those religious beliefs been denied by the government? First we have to decide what a religion is. We have been unable in this thread to agree as to what constitutes a religion. That's the first problem. Let's look at how the court system defines religion under Title VII of the Civil Rights Act of 1964. This is a rather nebulous definition as: "The same practice might be engaged in by one person for religious reasons and by another person for purely secular reasons..." The Supreme Court first looked at what a religion is when it ruled in Davis v. Beason, 1890 that religion must have a divine aspect, But in Torcaso v. Watkins, 1961 it ruled that religion includes those organizations, In 1965 in the case of United States v. Seeger the Court held that any belief that is derived from an internal source must be considered to be the same as any belief held from an external source ( a belief in a god). In Welsh v. United States, 1970 the court ruled that religion can also be, So religion can be any belief that is a policy, is pragmatic, or expedient. Which includes just about any belief at all. But in 1971 in Wisconsin v. Yoder, the court The court backed off from Welsh in that This was further reinforced by Thomas v. Review Board, 1981 when it was determined that, Of course al this brings us back to defining what religion is. So what does all this mean? See the next post of mine.
Excellent job, so far!Wisconsin v. Yoder seems to be the most relevant to the issues raised by ShyOne. ;
Thats a good place to start. I think Durkheim did a wonderful job sorting out the core components to answer the question of 'what really is religion'. The OP described the 'subject matter' under review and did not include every other utterance that Durkheim made from the day he was born forward, (a category fallacy) outside the OP's description as Tishomingo is attempting to argue. No one has demonstrated a 'requirement' for religion to be a democracy as has so far been promoted and argued. To claim religion can be owned/held/created by a group but not a single individual in the group defies logic. (composition fallacy) which is why I have continually told those with closed ears "Its circumstantial" The intention of this thread was to discuss the core components of every religion (best characterization/description) as proposed by Durkheim as portrayed in the OP. So far the thread went everywhere but....
There you go again with your out of context quote. Durkheim said that religion was essentially the product of society, and defined it clearly as :: “A religion is a unified system of beliefs and practices relative to sacred things, that is to say, things set apart and forbidden–beliefs and practices which unite in one single moral community called a Church (community), all those who adhere to them.” No room for private individual religion there. The passage you keep cting does not say what you say it says. "a philosophical belief becomes a religious belief insofar as it is made the basis of a commitment in action." All he is saying here is that religion must be put into action--in the context of socially defined communal rites and rituals involving the sacred." So when the OP posts something that is an inaccurate representation of the views of a distinguished sociologist, and proceeds to use that misrepresentation to lend gravitas to half-baked ideas about individual religion or private morality that are diametrically opposed to Durkheim's, no one can call her on it? It reminds me of Humpty Dumpty in Lewis Carroll's Alice in Wonderland: “When I use a word,’ Humpty Dumpty said in rather a scornful tone, ‘it means just what I choose it to mean — neither more nor less.’ ’The question is,’ said Alice, ‘whether you can make words mean so many different things.’ ’The question is,’ said Humpty Dumpty, ‘which is to be master — that’s all.” Who on earth argued that? Dependent on the circumstances? including a lot of unnecessary and insignificant details? What Is a Circumstantial Thought Process? ; pointing indirectly toward someone's guilt but not conclusively proving it? Incidental to the main subject, but of less importance; opposed to an essential? In that case, I suggest we try another thread , since the OP seems to be hopelessly confused. No wonder!
Nowhere does it say what you are arguing in the OP quote, its your out of context response. If you wish to discuss every utterance Durkheim made both those he stood by and those he later abandoned why dont you make a thread for that purpose.
While waiting for Meagain's next post, maybe I can sha I'm arguing your garbled interpretation of it, which seems to be that relgion=private moral views. If that's not what you're saying what is?
if you have a beef about 'individual' religion you need to prove up the point, otherwise its like saying that a glass of water is not composed of 'individual' molecules of H and O which is to say the whole can exist without the parts. Which if that is not clear enough you need to demonstrate in argument that an organized religion is not composed of a group of individuals each with their own personal private religion.
My beef is with your attributing it to Durkheim. It's the very opposite of what he thought, which was that there could be no religion apart from society and a community of believers. Durkheim would say the individuals got it form the community. He might be wrong about that, but that was his view. If you don't agree with it, fine; but you should take responsibility for what is your own position. .
So what have we learned from the court cases involving religion? First of all we see that up until 1961 the government, and most people, held that religion must have a divine aspect. But in Torcaso v. Watkins all of a sudden Buddhism, Taoism, Ethical Culture, Secular Humanism and others were found to be religions. This is where the government and the public at large made an error which is still reverberating throughout society. By defining religion to include non theists, or atheist beliefs the government had violated the Establishment Clause of the First Amendment, Congress shall make no law respecting an establishment of religion...true Congress hadn't established any religion but the Supreme Court by it's interpretation of what a religion is in it's various rulings in 1961 and after had in fact established a multitude of de facto religions. And while no religion had been established as THE religion of the United States, the door was open to declare almost anything a religion. As at various times a religion was defined as ethical or moral behavior, significance beliefs, parallel positions, policies, pragmatism, and or expediencies; virtually any ethical or moral behavior, significance beliefs, parallel positions, policies, pragmatism, and or expediencies could be a religion. So if we consider the Constitution of the United States we find that it itself contains or defines ethical or moral behaviors, significance beliefs, parallel positions, policies, pragmatism, and or expediencies, all similar to those very things found in traditional divinely inspired religions. The Constitution, which previously had been determined to be secular, that is written by man without the influence and separate from religion, has now become itself a religious document as anyone who believes in the validity of the Constitution certainly must hold that it contains ethical or moral behaviors, significance beliefs, parallel positions, policies, pragmatism, and or expediencies, just as tradition religion itself does. Instead of just holding that certain ethical or moral behavior, significance beliefs, parallel positions, policies, pragmatism, and or expediencies should be considered when looking at freedom of expression. The Court had to bring religion into the mix thus muddying the water and allowing all sorts of religious gobbledygook to be cited when someone wishes to force their ideas of what morals are on others are by citing their religious justifications. We need to bring back a clear and concise understanding of what a religion is. A belief in some sort of divine intervention in the known scientific universe. Then these ridiculous arguments over wedding cakes will end. Baking a cake violates your religion? Tough toe nails, the government takes no stance in regards to religion. Religion is your private affair, it has nothing to do with your public business, bake the cake.
Maybe we can also take a look at the latest case before the Supreme Court on the subject of serving gays by businesses brought by the Collorado web designer, Lori Smith. The Supreme court must be really interested in the case, because they dispensed with the usual requirements of standing and genuinecase or controversy, about which conservatives tend to be sticklers, and let her challenge the law before any gay sought to enlist her services--which they probably won't.In addition to the usual religious conscience angle, she/s arguing freedom of expression based on her artistic artistry. Seems to me, this would be a difficult standard for the Court to apply. A baker and a web desigher are artsits. The local hardware store owner is probably not. But what about a chef in Ollie's Barbecue who thinks that the Bible is against the mixing of races? http://www.biblerays.com/uploads/8/0/4/2/8042023/the_bible_forbids_mixing_of_races.pdf (in fairness to the Bible, I think this interpretation is wrong, but obviously the preacher I just cited does not.)
It most certainly does in the US. In order to get the people to ratify the constitution the incorporation of reserved rights (Expressly stated in the Bill of Rights) had to be agreed upon 'first' to be added contingent to the agreement. The 'Bill of Rights' memorializes the conditions 'We The People' agree to be governed. Since "the free exercise thereof" places the peoples religion 'above' the regulatory capabilities of government they just sort of forgot that section all together pretending it does not exist. The constitution is the organic public law of this land. The Bill of Rights expressly limits the powers 'granted' to the government, by the 'people'. It does not say or imply by any scope of the imagination you can only 'exercise' your religion in private as you and others seem to wish to portray, which in fact would be contrary to its purpose on every level which is to express and memorialize your 'inherent' rights in public!