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論自然權利與法定權利概念下的「宗教自由」="Religious Liberty": On the Concept of Natural Rights and Legal Rights
Author 釋昭慧
Source 思與言
Volumev.50 n.1
Pages235 - 251
Publisher Url
Location臺北市, 臺灣 [Taipei shih, Taiwan]
Content type期刊論文=Journal Article
Note作者單位:玄奘大學宗教學系教授兼文理學院院長 Dean, Faculty of Arts and Science, University of Hsuan Chuang
Keyword社會契約論=the theory of Social Contract; 自然法則=natural law; 自然權利=natural rights; 法定權利=legal rights; 自由原則=the Principle of Liberty

This article utlizes the theories of ”natural rights” and ”Social Contract”, a political philosophy that maximizes people's liberties, to respond to criticisms from Buddhist clerics that religious legislation will interfere with religious freedom.Since religious freedom is a kind of natural right, it is also a kind of legal right. But the two rights are not equivalent - the former is an inherent right and can never be removed, while the latter safeguards people with legal protection, However, at the same time people must operate within the limits of that legislation.To regard religious legislation as interfering with religious freedom, is to confuse the natural right of religious freedom with the legal right of religious freedom, as well as to equate natural rights and social contracts.Therefore, religious legislation is not guaranteed to conflict with religious freedom. If the religious legislation is properly written, it will actually protect people's legal right to religious freedom, and it will construct suitable regulations to promote friendly interaction between religious people and secular people, so as to maintain maximum religious freedom.
Table of contents壹、前言 236
貳、「宗教」與「自由」之定義與內涵 237
一、「宗教」之定義與內涵 237
二、「自由」之定義與內涵 239
參、論「宗教自由」之種類與範疇 241
一、「宗教自由」之種類:自然權利與法定權利 241
二、宗教之法定權利:宗教與社會的互動規範 244
肆、結論 248
Created date2020.11.24
Modified date2020.11.26

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