23 Hofstra L. Rev. 309 (1994-1995)
Defining Religion: An Immodest Proposal

handle is hein.journals/hoflr23 and id is 319 raw text is: DEFINING RELIGION: AN IMMODEST
PROPOSAL
Dmitry N. Feofanov*
CONTENTS
I.    INTRODUCTION     ............................ 311
A. Do We Need a Definition of Religion?       .......... 311
B. The Effects of Defining Religion ............... 318
C. The Methodology for Defining Religion      .......... 321
II.   PRELIMINARY CONSIDERATIONS .................. 323
A. What Is Objectivism, and Why Use It?       .......... 323
B. The Problems of Terminology ................. 325
C. Why Should Religion Be Singled Out? ........... 327
1.   What Is So Special About Religion? ......... 329
2.   Why the State Should Not Inhibit Religion ..... 334
D. Structural Issues in Defining Religion   ........... 337
1.   Unitary or Bifurcated? .................. 337
2.   Substantive or Functional?   ............... 339
3.   Definition by Analogy? ................. 343
E. The Need for an Intelligible Definition of Religion   ... 343
1.   Defining a Chair   ..................... 346
2.   Defining a Secular Humanist . ............ 346
3.   Defining a Godless (Yet Religious) Atheist . . 354
* Clerk to the Honorable David Harris, Iowa Supreme Court. Diploma, 1976, Musical
College of the Moscow Conservatory; M.A., 1979, Northeast Missouri State University; M.M.,
1980, University of Illinois; J.D., 1994, Chicago-Kent College of Law, Illinois Institute of
Technology. The author would like to express his appreciation to the following individuals
who were instrumental in bringing this project to conclusion: Ms. Alexis Crow, Ms. Barbara
Haws, Mr. Allan B. Ho, Ms. Molly Warner Lien, Mr. Steven R. Manley, Ms. Sheryl Ross,
Mr. George H. Smith, Mr. Kevin Smith, Mr. John W. Whitehead and Mr. Richard Wright.
Special thanks must also go to two institutions that gave their generous financial and logis-
tical support to this project: Institute for Humane Studies and The Rutherford Institute. As
always, the author alone is responsible for the content.

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