É um artigo antigo do Fish, mas muito interessante, principalmente para aqueles sem familiariedade com os textos de filosofia.
In the always-ongoing debate about the role of religion in public life, the argument most often made on the liberal side (by which I mean the side of Classical Liberalism, not the side of left politics) is that policy decisions should be made on the basis of secular reasons, reasons that, because they do not reflect the commitments or agendas of any religion, morality or ideology, can be accepted as reasons by all citizens no matter what their individual beliefs and affiliations. So it’s O.K. to argue that a proposed piece of legislation will benefit the economy, or improve the nation’s health, or strengthen national security; but it’s not O.K. to argue that a proposed piece of legislation should be passed because it comports with a verse from the book of Genesis or corresponds to the will of God.
A somewhat less stringent version of the argument permits religious reasons to be voiced in contexts of public decision-making so long as they have a secular counterpart: thus, citing the prohibition against stealing in the Ten Commandments is all right because there is a secular version of the prohibition rooted in the law of property rights rather than in a biblical command. In a more severe version of the argument, on the other hand, you are not supposed even to have religious thoughts when reflecting on the wisdom or folly of a piece of policy. Not only should you act secularly when you enter the public sphere; you should also think secularly.
Whether the argument appears in its softer or harder versions, behind it is a form of intellectual/political apartheid known as the private/public distinction: matters that pertain to the spirit and to salvation are the province of religion and are to be settled by religious reasons; matters that pertain to the good order and prosperity of civil society are the province of democratically elected representatives and are to be settled by secular reasons. As John Locke put it in 1689 (“A Letter Concerning Toleration”), the “care of men’s souls” is the responsibility of the church while to the civil magistrate belongs the care of “outward things such as money, land, houses, furniture and the like”; it is his responsibility to secure for everyone, of whatever denomination or belief, “the just possession of these things belonging to this life.”
A neat division, to be sure, which has the effect (not, I think, intended by Locke) of honoring religion by kicking it upstairs and out of sight. If the business of everyday life — commerce, science, medicine, law, agriculture, education, foreign policy, etc. — can be assigned to secular institutions employing secular reasons to justify actions, what is left to religious institutions and religious reasons is a private area of contemplation and worship, an area that can be safely and properly ignored when there are “real” decisions to be made. Let those who remain captives of ancient superstitions and fairy tales have their churches, chapels, synagogues, mosques, rituals and liturgical mumbo-jumbo; just don’t confuse the (pseudo)knowledge they traffic in with the knowledge needed to solve the world’s problems.
This picture is routinely challenged by those who contend that secular reasons and secular discourse in general don’t tell the whole story; they leave out too much of what we know to be important to human life.
No they don’t, is the reply; everything said to be left out can be accounted for by the vocabularies of science, empiricism and naturalism; secular reasons can do the whole job. And so the debate goes, as polemicists on both sides hurl accusations in an exchange that has become as predictable as it is over-heated.
But the debate takes another turn if one argues, as the professor of law Steven Smith does in his new book, “The Disenchantment of Secular Discourse,” that there are no secular reasons, at least not reasons of the kind that could justify a decision to take one course of action rather than another.
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