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Religion Law

Osgoode Hall Law School of York University

2016

Canada

Articles 1 - 2 of 2

Full-Text Articles in Law

Religious Institutionalism In A Canadian Context, Victor M. Muñiz-Fraticelli, Lawrence David Jan 2016

Religious Institutionalism In A Canadian Context, Victor M. Muñiz-Fraticelli, Lawrence David

Osgoode Hall Law Journal

Does freedom of religion protect religious institutions or does it only protect the individual religious conscience? Canadian jurisprudence after the enactment of the Canadian Charter of Rights and Freedoms takes a decidedly individualist turn, deliberately avoiding the question of the rights of religious institutions. This individualist focus neglects the historical trajectory of religious freedom, the social understanding of religious faith by religious adherents themselves, and the institutional structures in which religion emerges and develops (and through which it is ultimately protected). An institutional account of religious liberty can complement the individualist account, as it better explains the legal order, better …


Against Circumspection: Judges, Religious Symbols, And Signs Of Moral Independence, Benjamin Berger Jan 2016

Against Circumspection: Judges, Religious Symbols, And Signs Of Moral Independence, Benjamin Berger

Articles & Book Chapters

This chapter questions the interpretation of religious ­ signs and symbols— and the interpretive possibilities that emerge when we demand more from one another in thinking about such symbols— by ­ examining the question of judges and religious dress in the particular context of the judge’s role as wielding the coercive force of the state through the exercise of criminal punishment. I advance the argument that recent debates have proceeded on a misleadingly simplistic approach to understanding the meaning of signs of religious belonging and identity in this setting and that, with this, we miss an opportunity for a deeper …