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Atheism and religion in law Atheism and religion in law

08-24-2015 , 01:04 PM
Quote:
Originally Posted by dereds
No it isn't.

Consider the proposition

P1 There is a God.

Denying/rejecting P1 commits one to accept the claim

P2 There is no God.

Withholding assent to P1 does not entail P2.
Quote:
Originally Posted by Louis Cyphre
Let me rephrase it then for you:

1) I believe this claim is true
2) I believe this claim is false
3) I don't know if this claim is true or false. It could be either.

Why would we address two propositions at once? We are only addressing if the claim is true, not if the claim is false.
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08-24-2015 , 01:06 PM
IE:

In a courtroom they do not ask if the defendent is innocent or guilty. They ask if he is guilty and you vote on the verdict of accept or not accept.

The same goes for claiming something does or does not exist. You only address one of the propostions at a time.
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08-24-2015 , 01:06 PM
We aren't, Louis Cyphre's example is three responses to the same proposition.
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08-24-2015 , 01:09 PM
Quote:
Originally Posted by dereds
We aren't, Louis Cyphre's example is three responses to the same proposition.
No, his example contains two propostions.

1) the claim is false
2) the claim is true
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08-24-2015 , 01:14 PM
Quote:
Originally Posted by fraleyight
No, his example contains two propostions.

1) the claim is false
2) the claim is true
They aren't the propositions under question they are answers to whatever the claim is.

Consider your example of the jury, to the question "Is the defendant guilty?" one may answer Yes, No or I don't know. Both No and I don't know constitute refusing to assent to the proposition:

P the defendant is guilty

But they are not the same.
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08-24-2015 , 01:15 PM
The law is terrible about trying to categorize things like this that may not exactly fit within the category. For example, telecom law for years tried to interpret things like broadband into laws that were enacted many years ago.
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08-24-2015 , 01:17 PM
This may help clear it up.

Two basic forms of philosophical scepticism

Quote:
Consider some proposition, p. There are just three possible propositional attitudes one can have with regard to p's truth when considering whether p is true. One can either assent to p, or assent to ~p (that is, deny p), or withhold assenting both to p and to ~p.
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08-24-2015 , 01:21 PM
Quote:
Originally Posted by dereds
They aren't the propositions under question they are answers to whatever the claim is.

Consider your example of the jury, to the question "Is the defendant guilty?" one may answer Yes, No or I don't know. Both No and I don't know constitute refusing to assent to the proposition:

P the defendant is guilty

But they are not the same.
Yes, which is why "witholding judgement" is generally the same thing as "not accepting" the proposition. Unless you accept claims presented to you while witholding judgement. This was my point, it makes more sense to not accept claims while witholding judgement.

Either way, there are still two options.

1) I accept claim x
2) I do not accept claim X

The other propostion of claim x is not true has two options as well
1) I accept claim x isn't true
2) I do not accept claim x isn't true

When you withold judgement you should answer 2 to both questions.
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08-24-2015 , 01:24 PM
Quote:
Originally Posted by fraleyight
Yes, which is why "witholding judgement" is generally the same thing as "not accepting" the proposition.
No it isn't not accepting P can entail either denying P, assenting to ~P or it can entail withholding assent.
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08-24-2015 , 01:27 PM
Quote:
Originally Posted by dereds
No it isn't not accepting P can entail either denying P, assenting to ~P or it can entail withholding assent.
When did I say it couldn't? You are arguing that not accepting and denying are the same thing. They are not, not accepting is just "not" accepting. You have to accept this claim to be a theist. "not" accepting is an athiest.
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08-24-2015 , 01:29 PM
To be clear, you can "not" accept and also deny the claim. You however, do not have to deny the claim to not accept it.
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08-24-2015 , 01:33 PM
Quote:
Originally Posted by fraleyight
When did I say it couldn't? You are arguing that not accepting and denying are the same thing. They are not, not accepting is just "not" accepting. You have to accept this claim to be a theist. "not" accepting is an athiest.
No I am not arguing that.

This is where we started

Quote:
There are two options when someone presents a claim to you.

1) accept the claim
2) do not accept the claim
What I am saying is that this is incorrect, there are in fact three options when someone presents a claim to you;

1) Accept the claim
2) Reject the claim
3) Withhold assent to the claim

2 & 3 are different but they are valid responses to the same proposition. In presenting only two options you are either denying that a claim can be rejected or saying that rejecting a claim and withholding assent to a claim are both covered by your option 2, and if so I am pointing out that it is important to distinguish between discrete propositional attitudes.
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08-24-2015 , 01:36 PM
O ok, I understand what you are saying now.

Can we put it like this?

1) accept the claim
2) reject the claim
2 a) reject the claim without certainty the claim is false.

This is what you are saying correct? You still agree that answering 2 a. is rejecting the claim?
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08-24-2015 , 01:44 PM
You are making up your own epistemology. Fine. Just realize that most people disagree with it.
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08-24-2015 , 01:45 PM
2 & 3 both entail refusing to assent but in philosophical discussions of propositional attitudes rejection/denial is reserved for those that say the claim is false.

With regard to the proposition

P1 There is a god.

The strong atheist denies the claim and assents to the proposition

P2 There is no god.

While the weak atheist withholds assent to both P1 and P2. The distinction is not trivial.
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08-24-2015 , 01:49 PM
Quote:
Originally Posted by dereds
2 & 3 both entail refusing to assent but in philosophical discussions of propositional attitudes rejection/denial is reserved for those that say the claim is false.

With regard to the proposition

P1 There is a god.

The strong atheist denies the claim and assents to the proposition

P2 There is no god.

While the weak atheist withholds assent to both P1 and P2. The distinction is not trivial.
I think we are in agreement. I may have just worded it in an uncommon way.
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08-24-2015 , 01:51 PM
So we both agree that 2/3 are atheists correct?
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08-24-2015 , 01:52 PM
Yes.
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08-24-2015 , 02:26 PM
Quote:
Originally Posted by Aaron W.
It is established in the precedent of US law that atheism is considered a religion. However, most atheists here like to take the position that atheism is not a religion. I'm curious as to where the various atheists here stand on this.

It seems hypocritical of "atheists" (as a generic descriptor) to fight to have the court of law and declare atheism to be a religion in order to get the benefit of having rights granted to you under that status, while attempting to intellectually defend atheism as not even containing a single affirmative belief within it.

If you had the power to legally declare atheism no longer a religion, would you do it? Why or why not?

(I don't think this has been discussed before, but I could be wrong. Maybe it's one of the first "new" topic of discussion that we've seen in quite a while.)
Sorry I've contributed to a bit of a derail but there's a couple of interesting questions you raise.

Firstly I don't have a problem with atheists exploiting protections afforded religious groups. I can't say I'm familiar with the protections afforded atheism i the US but I don't have an issue with inmate groups for instance constituting a religious study group.

I would not legally forbid atheist groups from declaring as religions unless or until legal benefits afforded other religious groups are withdrawn.
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08-24-2015 , 02:35 PM
Quote:
Originally Posted by Aaron W.
Would you accept the opposite direction? That "we" (religious people who are part of a collective group) want to be treated like "not-a-religion" (in an organizational sense) in order to gain rights and privileges defined for non-religious organizations? (Say, anything in which you say "separation of church and state" to deny access to?)
No, I'd accept that once a group declares as a religion whether atheist, polytheist, theist or whatever then they lose any benefits afforded non religious groups.
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08-26-2015 , 01:19 AM
Quote:
Originally Posted by Sun Tzu
But for that matter, I don't think forming a Bible study group or whatever should be a religious right. The right to practice a religion should cover things like attending services.
A Bible study group is seen as an integral part of religious practices for many Christians. Google "small group ministry" if you're not familiar with this practice.

Quote:
But I don't think there's anything wrong with prisoners being able to have discussion groups for Bible study, atheist discussion, book clubs, etc. I just don't think it should be an issue of religious rights.
This is not unreasonable, though clearly certain types of group gatherings can and probably should be barred for the safety of both inmates and guards.
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08-26-2015 , 01:36 AM
Quote:
Originally Posted by dereds
No, I'd accept that once a group declares as a religion whether atheist, polytheist, theist or whatever then they lose any benefits afforded non religious groups.
This is superficially sensible, but I think it's quite complicated. Since atheism doesn't have a core set of beliefs nor a religious "text" to point to as a source of beliefs, it's not clear how one would characterize beliefs.

For example: https://en.wikipedia.org/wiki/Burwel...by_Stores,_Inc.

Quote:
Burwell v. Hobby Lobby, 573 U.S. ___ (2014), is a landmark decision[1][2] by the United States Supreme Court allowing closely held for-profit corporations to be exempt from a law its owners religiously object to if there is a less restrictive means of furthering the law's interest. It is the first time that the court has recognized a for-profit corporation's claim of religious belief,[3] but it is limited to closely held corporations.[a] The decision is an interpretation of the Religious Freedom Restoration Act (RFRA) and does not address whether such corporations are protected by the free-exercise of religion clause of the First Amendment of the Constitution.
How would one apply this to an atheist organization? What could be the definition of "religious belief" for an atheist? Wouldn't *any* belief be a religious belief?
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08-26-2015 , 01:57 AM
Quote:
Originally Posted by Aaron W.
This is superficially sensible, but I think it's quite complicated. Since atheism doesn't have a core set of beliefs nor a religious "text" to point to as a source of beliefs, it's not clear how one would characterize beliefs.

For example: https://en.wikipedia.org/wiki/Burwel...by_Stores,_Inc.



How would one apply this to an atheist organization? What could be the definition of "religious belief" for an atheist? Wouldn't *any* belief be a religious belief?
Do we have any evidence that the courts are leaning to such a conclusion in any way? I don't think we have much of a worry of a slippery slope here. Even if you and I and deregs all agreed that yes, EVERY belief an athiest had was a religious one (and I don't see why that would be case), that doesn't translate legally and I don't think we are at any legal risk of this happening.

Recall the quote from the previous case you brought up:
Quote:
Without venturing too far into the realm of the philosophical, we have suggested in the past that when a person sincerely holds beliefs dealing with issues of “ultimate concern” that for her occupy a “place parallel to that filled by ․ God in traditionally religious persons,” those beliefs represent her religion.
I don't know the best language to use here - whether you might replace "ultimate concern" with something else - but it seems very reasonable for us to conclude that "I don't believe a deity created the universe" is a so called religious belief (for legal purposes, that is) in a way that "I believe Obama wasn't born in the US" just isn't. There is a certain character to the types of questions we are using when we say they are religious beliefs. Now you might be unhappy that precisely what this character is and is not is not carefully specified and delineated. But that is what the legal canon is for and over centuries it has accepted some types of things as being legally classified as religious and others not; so too is it here.
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08-26-2015 , 09:56 AM
Quote:
Originally Posted by uke_master
Do we have any evidence that the courts are leaning to such a conclusion in any way? I don't think we have much of a worry of a slippery slope here. Even if you and I and deregs all agreed that yes, EVERY belief an athiest had was a religious one (and I don't see why that would be case), that doesn't translate legally and I don't think we are at any legal risk of this happening.
Well, we don't have to worry about legal risk because Dered's principle isn't actually codified in law:

Quote:
Originally Posted by Dereds
No, I'd accept that once a group declares as a religion whether atheist, polytheist, theist or whatever then they lose any benefits afforded non religious groups.
This statement is simply not true under current law. An atheist group at this moment in history has more right to be involved in government than a church does on the basis of the separation of church and state.

Quote:
Recall the quote from the previous case you brought up: I don't know the best language to use here - whether you might replace "ultimate concern" with something else - but it seems very reasonable for us to conclude that "I don't believe a deity created the universe" is a so called religious belief (for legal purposes, that is) in a way that "I believe Obama wasn't born in the US" just isn't. There is a certain character to the types of questions we are using when we say they are religious beliefs. Now you might be unhappy that precisely what this character is and is not is not carefully specified and delineated. But that is what the legal canon is for and over centuries it has accepted some types of things as being legally classified as religious and others not; so too is it here.
Exceptions on the basis of religious beliefs apparently includes beliefs about contraceptive technology on a Biblical basis. Suppose an atheist objected to contraceptive technology. Without having a "Bible" (or other religious text) or a particular historical basis for belief, how can the atheist describe the belief as being religious?

As for trying to quote the case that I quoted earlier in defense of your statement here, I really think you ought to understand case law better than that. A ruling that is explicitly narrowly construed to be about a first amendment right to assemble cannot possibly be reasonably applied to a case in which first amendment grounds were not even addressed.

Quote:
Originally Posted by wikipedia
The ruling was reached on statutory grounds, citing the RFRA, because the mandate was not the "least restrictive" method of implementing the government's interest. The ruling did not address Hobby Lobby's claims under the Free Exercise Clause of the First Amendment.
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08-26-2015 , 10:13 AM
Quote:
Originally Posted by Aaron W.
This statement is simply not true under current law. An atheist group at this moment in history has more right to be involved in government than a church does on the basis of the separation of church and state.
While also advantaged from the benefits afforded religious groups? Can you give an example.

Also your legislatures are full of people with religious allegiances the idea that the church and state are fully separated seems wrong, according to wiki the restraints entailed by the separation of church and state are better understood as constraints on the state rather than the church.

From wiki

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"Separation of church and state" (sometimes "wall of separation between church and state") is a phrase used by Thomas Jefferson and others expressing an understanding of the intent and function of the Establishment Clause and Free Exercise Clause of the First Amendment to the Constitution of the United States. Since the First Amendment clearly places the restrictions solely on the state, some argue a more correct phrase would be the "separation of state FROM church". Either way, the "separation" phrase has since been repeatedly used by the Supreme Court of the United States.
Can you explain how this separation impacts the Church?
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