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Back to El respeto a la libertad religiosa es un elemento legitimador del sistema democrático, según una jurista de la Universidad de Navarra

Respect for religious freedom is a legitimizing element of the democratic system, according to a jurist from the University of Navarra.

Asunción de la Iglesia participated in a seminar of the Institute of Anthropology and Ethics, together with the philosopher Sergio Sánchez-Migallón and the sociologist Alejandro Navas.

07/02/11 15:19

The Institute of Anthropology and Ethics (IAE) of the University of Navarra organized an interdisciplinary seminar under the degree scroll 'Current Culture and Christianity'. The activity counted with the intervention of Sergio Sánchez-Migallón, director of the IAE and professor of the Ecclesiastical School Philosophy ; Alejandro Navas, professor of Sociology at School of Communication; and Asunción de la Iglesia, professor of Constitutional Law at School of Law.

Sergio Sánchez-Migallón
Sergio Sánchez-Migallón, director of IAE, during his speech.
Photo: Manuel Castells

Today's ethics, after the legacy of Modernity and Postmodernity

First, after presenting seminar, Sergio Sánchez-Migallón explained the main features of Modernity and Postmodernity in order to understand their influence on the current status of ethics and Christianity.

He emphasized three characteristics of Modernity: the distancing of man from nature, the ideal of emancipation from nature and social bonds, and the ideal of rational progress. As for Postmodernity, he emphasized the reaction of this current with respect to the previous one. Thus, he mentioned the criticism of the primacy and universalism of reason, to which Postmodernity proposes a weak thought that translates into the relativization of truth, distrust, and the denial of commitment; and, in the end, the elimination of the subject and its responsibility, dissolving it into instincts or social Structures .

According to him, currently "ethics tries to maintain modern and postmodern ideas, but this balance does not work. Christianity, which proposes a spiritual and objective truth, is seen as something strange and fundamentalist by this culture that denies truth, history and the subject".

As a solution, the professor of the School Ecclesiastical Philosophy pointed out two ideas: "On the one hand, it is necessary to accept other forms of knowledge and experience besides science, as is the case of religion. On the other, it is a matter of admitting that man has other ends beyond his selfish interest; only this can refund him his trust in himself and in God." In this sense, he pointed out that Christianity is the best sample of this, since "it proposes the experience of true life and sustains that man is and is called to love".

"We are facing an enormous cultural challenge," he stressed. We must transform the vision of Christianity so that it is no longer considered as something dangerous and obsolete, but as a remedy. And in this process, he insisted that "its validity is not so much a question of issue of believers as of credibility staff and cultural, rational and testimonial".

Religion from Sociology

For his part, Alejandro Navas presented the positions of some researchers in the field of sociology on what religion is, the functions attributed to it and its roles in society.

The professor of School of Communication spoke of the implications of the process of secularization, understood as the independence of different social spheres (politics, Economics, art...) with respect to religious tutelage. "The shortcomings of this culture far removed from God are evident. The emancipated spheres show barbarism: selfishness, greed, difference between rich and poor... To fight against this, ethics, values and principles that inspire human conduct are demanded".

Contrary to expectations," he added, "religion persists in the West and it is precisely the most advanced country, the United States, that is the most religious. Although it has lost its relevance, a considerable percentage of people consider themselves religious".

Finally, with reference letter to exhibition of director of high school of Anthropology and Ethics, Professor Navas commented that "the Catholic Church has made peace with Modernity. Thus, in the 20th century it is the defender of democracy, justice and human rights, especially among the most disadvantaged".

Dialogue between Law and Religion

Asunción de la Iglesia, professor at School de Derecho, focused part of her intervention on the conflicts between legal duty and religious freedom. "More and more frequently laws -she pointed out- establish obligations that can enter into collision with religious convictions. This is where the democratic system comes into play.

"It is necessary to find formulas that help to resolve with justice and balance the problem between legal obligation and profession of a creed. While it is necessary to watch over the observance of the norms and their compliance, it is also necessary to guarantee religious freedom -which is in the Constitution- and which limits the action of the public power that must guarantee it within the public order and the respect for the dignity of the person", he commented.

Professor De la Iglesia insisted that "religious freedom is not a second-rate right, or one that is simply tolerated, but a fundamental right. And respect for fundamental rights and freedoms constitutes a legitimizing element of democracy. Therefore, to vindicate religious freedom is also to contribute to reinforce the legitimacy of the democratic system".

On the other hand, the jurist referred specifically to the fact that in today's 'welfare' culture some "new rights" have been formulated that respond to an exacerbated individualism - offered as freedom to decide, even in the face of the lives of others. "This, inevitably, is source of very serious conflicts when, in order to fulfill these new rights, one is obliged to participate in necessary acts that are incompatible with the obligations derived from religious freedom. In this context, dialogue and respect for religious freedom from the outset are necessary."

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