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Full-Text Articles in Law
The Murkiness Of The Hobby Lobby Ruling, Michael Helfand
The Murkiness Of The Hobby Lobby Ruling, Michael Helfand
Michael A Helfand
No abstract provided.
Between Law And Religion: Procedural Challenges To Religious Arbitration Awards (Video), Michael Helfand
Between Law And Religion: Procedural Challenges To Religious Arbitration Awards (Video), Michael Helfand
Michael A Helfand
No abstract provided.
A Liberalism Of Sincerity: The Role Of Religion In The Public Square, Michael Helfand
A Liberalism Of Sincerity: The Role Of Religion In The Public Square, Michael Helfand
Michael A Helfand
This article considers the extent to which the liberal nation-state ought to accommodate religious practices that contravene state law and to incorporate religious discourse into public debate. To address these questions, the article develops a liberalism of sincerity based on John Locke’s theory of toleration. On such an account, liberalism imposes a duty of sincerity to prevent individuals from consenting to a regime that exercises control over matters of core concern such as faith, religion, and conscience. Liberal theory grounds the legitimacy of the state in the consent of the governed, but consenting to an intolerant regime is illegitimate because …