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Were We Foreordained To The Priesthood, Or Was The Standard Of Worthiness Foreordained? Alma 13 Reconsidered, Anthony K. Thompson Jan 2016

Were We Foreordained To The Priesthood, Or Was The Standard Of Worthiness Foreordained? Alma 13 Reconsidered, Anthony K. Thompson

Law Papers and Journal Articles

Alma 13:3–4 is often interpreted as Book of Mormon confirmation of the doctrine that all those who are ordained to the Priesthood on the earth were foreordained to receive that Priesthood in the pre-existence as a result of their exceeding faith and good works. That interpretation is inconsistent with the 1978 revelation on Priesthood. A contextual reading of the account of Alma2’s ministry to the people of Ammonihah also suggests that Alma2 was not telling the men of Ammonihah that they (or anyone else) had been foreordained to receive the Priesthood. Rather, Alma2 was teaching that what we now call …


The Liberties Of The Church And The City Of London In Magna Carta, Anthony K. Thompson Jan 2016

The Liberties Of The Church And The City Of London In Magna Carta, Anthony K. Thompson

Law Papers and Journal Articles

This article identifies the liberties of the Church and the City of London which were intended to be protected by Magna Carta from 1215. The liberties intended were a recognition of a form of autonomy for the Church and the City and have no connection with the individual freedoms that are identified for protection by modern human rights instruments. The clauses in Magna Carta conferring that autonomy are among the very few that have not been repealed, but they have not been asserted for hundreds of years. While the idea of church autonomy has resonance with the ideas of subsidiarity …


Joseph Smith And The Doctrine Of Sealing, Anthony K. Thompson Jan 2016

Joseph Smith And The Doctrine Of Sealing, Anthony K. Thompson

Law Papers and Journal Articles

Brian Hales has observed that we cannot understand Joseph Smith’s marriage practices in Nauvoo without understanding the related theology. However, he implies that we are hampered in coming to a complete understanding of that theology because the only primary evidence we have of that theology is the revelation now recorded as Section 132 of the Doctrine and Covenants and a few entries in William Clayton’s journal. This paper argues that we have more primary evidence about Joseph Smith’s sealing theology than we realize. The accounts we have of the First Vision and of Moroni’s first visits in 1823 have references …


The Legal Revolution Against The Place Of Religion: The Case Of Trinity Western University Law School, B Bussey Jan 2016

The Legal Revolution Against The Place Of Religion: The Case Of Trinity Western University Law School, B Bussey

Law Papers and Journal Articles

The special legal status of religion and religious freedom in liberal democracies has become an issue of controversy among legal academics and lawyers. There is a growing argument that religion is not special and that the law should be amended to reflect that fact. This Article argues that religion is special. It is special because of the historical, practical, and philosophical realities of liberal democracies. Religious freedom is a foundational principle that was instrumental in creating the modern liberal democratic state. To remove religion from its current legal station would be a revolution that would put liberal democracy in a …


An Opportunity Missed? A Constitutional Analysis Of Proposed Reforms To Tasmania's 'Hate Speech' Laws, Joshua Forrester, Augusto Zimmerman, Lorraine Finlay Jan 2016

An Opportunity Missed? A Constitutional Analysis Of Proposed Reforms To Tasmania's 'Hate Speech' Laws, Joshua Forrester, Augusto Zimmerman, Lorraine Finlay

Law Papers and Journal Articles

The Tasmanian government has proposed reforms to the ‘hate speech’ provisions in the Anti-Discrimination Act 1998 (Tas). However, these reforms are unsatisfactory. They do not address, and in fact compound, the constitutional invalidity of Tasmania’s ‘hate speech’ laws. In this article, we demonstrate that Tasmania’s present ‘hate speech’ laws, like equivalent provisions in other States and Territories, impermissibly infringe the implied freedom of political communication. We also demonstrate that certain proposed reforms further infringe the implied freedom of political communication. We will conclude by proposing elements of a constitutionally valid law against incitement to enmity.