Law Review: No Respect: Brian Leiter on Religion

Andrew M.M. Koppelman, No Respect: Brian Leiter on Religion (January 5, 2010). Northwestern Public Law Research Paper No. 10-07. Available at SSRN: http://ssrn.com/abstract=1544484

In two recent papers, Brian Leiter argues that there is no good reason for law to single out religion for special treatment, and that religion is not an apt candidate for respect in the “thick” sense of being an object of favorable appraisal. Both arguments depend on a radically impoverished conception of what religion is and what it does. In this paper, I explain what Leiter leaves out, and offer an hypothesis about why. I also engage with some related reflections by Simon Blackburn and Timothy Macklem, both of whom influence, in different ways, Leiter’s analysis.