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| John Schoenherr, 1962 |
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| One of the structures of Casa Sperimentale near Rome, photo Oliver Astrologo |
We shall begin our consideration of the law in a week or so. To get the most out of that analysis, please review the following Highbrow posts:
The Declaration of Independence
Philosophical Remarks on the Declaration of Independence: Sections 1 & 2
Philosophical Remarks on the Declaration of Independence: Sections 3, 4 & 5
Declaration of Independence, the deleted passage
American Political Philosophy - The Basics (a variety of related discussions)
Questions to consider:
What are the relationship among St. Thomas Aquinas's concepts (or are they simply accurate descriptions?) of Revealed Theology and Natural Theology and Natural Law?
What are the political and legal ramifications of considering human beings to be "God's Property" (via John Locke, by way of an exemplar of argumentation along these lines)?
What constitutes a "False Religion" in the Virginia Act of Religious Freedom, according to Jefferson?
Do "False Religions" under Jefferson's definitions have any claim to protections, exceptions, emoluments, privileges or even a place in American society, law, and culture?
Until we return to this topic, Highbrow posts will continue as usual, exploring the frontiers of ephemera, aesthetic discriminations, and the activity of dispelling Philosophical Credulousness through the clarification of grammar.
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| Aristotle studying in his youth |
§ 57-1. Act for religious freedom recited.
The General Assembly, on January 16, 1786, passed an act in the following words:
"Whereas, Almighty God hath created the mind free; that all attempts to influence it by temporal punishment, or burthens, or by civil incapacitations, tend only to beget habits of hypocrisy and meanness, and are a departure from the plan of the Holy Author of our religion, who, being Lord both of body and mind, yet chose not to propagate it by coercions on either, as was in his Almighty power to do; that the impious presumption of legislators and rulers, civil as well as ecclesiastical, who, being themselves but fallible and uninspired men, have assumed dominion over the faith of others, setting up their own opinions and modes of thinking as the only true and infallible, and as such endeavoring to impose them on others, have established and maintained false religions over the greatest part of the world, and through all time; that to compel a man to furnish contributions of money for the propagation of opinions which he disbelieves, is sinful and tyrannical, and even the forcing him to support this or that teacher of his own religious persuasion, is depriving him of the comfortable liberty of giving his contributions to the particular pastor whose morals he would make his pattern, and whose powers he feels most persuasive to righteousness, and is withdrawing from the ministry those temporary rewards which, proceeding from an approbation of their personal conduct, are an additional incitement to earnest and unremitting labors, for the instruction of mankind; that our civil rights have no dependence on our religious opinions any more than our opinions in physics or geometry; that therefore the proscribing any citizen as unworthy the public confidence by laying upon him an incapacity of being called to offices of trust and emolument, unless he profess or renounce this or that religious opinion, is depriving him injuriously of those privileges and advantages to which, in common with his fellow citizens, he has a natural right; that it tends only to corrupt the principles of that religion it is meant to encourage, by bribing, with a monopoly of worldly honors and emoluments, those who will externally profess and conform to it; that though, indeed, those are criminal who do not withstand such temptation, yet, neither are those innocent who lay the bait in their way; that to suffer the civil magistrate to intrude his powers into the field of opinion, and to restrain the profession or propagation of principles on supposition of their ill tendency, is a dangerous fallacy, which at once destroys all religious liberty, because he, being of course judge of that tendency, will make his opinions the rules of judgment, and approve or condemn the sentiments of others only as they shall square with or differ from his own; that it is time enough for the rightful purposes of civil government, for its officers to interfere, when principles break out into overt acts against peace and good order; and finally, that truth is great and will prevail, if left to herself; that she is the proper and sufficient antagonist to error, and has nothing to fear from the conflict, unless by human interposition disarmed of her natural weapons, free argument and debate; errors ceasing to be dangerous when it is permitted freely to contradict them:
"Be it enacted by the General Assembly, That no man shall be compelled to frequent or support any religious worship, place or ministry whatsoever, nor shall be enforced, restrained, molested or burthened, in his body or goods, nor shall otherwise suffer on account of his religious opinions or belief; but that all men shall be free to profess, and by argument to maintain, their opinions in matters of religion, and that the same shall in no wise diminish, enlarge or affect their civil capacities.
"And though we well know that this Assembly, elected by the people for the ordinary purposes of legislation only, have no power to restrain the acts of succeeding assemblies constituted with powers equal to our own, and that, therefore, to declare this act to be irrevocable would be of no effect in law; yet we are free to declare, and do declare, that the rights hereby asserted are of the natural rights of mankind; and that if any act shall be hereafter passed to repeal the present, or to narrow its operation, such act will be an infringement of natural right."
Source
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Analysis forthcoming. Stay tuned.
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Curious subject, curious ideas, curious sub-culture, curious history... indeed a curious city
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| Richard M. Powers’ (1962) for Conditionally Human by Walter M. Miller Jr. |
© Copyright 2026 Richard Kostelanetz, reproduced by permission. Source: KostelOmnibus on Substack
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| Richard Kostelanetz by Leonid Drozner, |
"When Man faces doom from outer space, he must choose between escape to other worlds or life in giant cocoons."