Law Commons^™

The Anti-Secular Regulation Of Religious Difference In Egypt, Meriam Wagdy Azmi

Theses and Dissertations

Egyptian religious freedom activists and researchers have for decades called for more secularism to remedy the violations facing religious minorities. Those religious minorities have been subject to attacks for practicing religious rituals and suffered from lack of recognition by the government. As those activists advocated secularism, some academics critiqued it and deemed it the instigator of the very problems it claims to uproot. Saba Mahmood famously argued that secularism is a primary producer of religious tension in Egypt. In this thesis, I argue that it is not the mere regulation of religious difference as a feature of secularism that is …

Just Care: A Relational Approach To Autonomy And Decision Making Of Parents Committed To Religious Or Indigenous Traditional Practices, Tu-Quynh Trinh

LLM Theses

Hamilton Health Sciences Corp. v. D.H. and B. (R.) v. Children’s Aid Society of Metropolitan Toronto tell important stories about people and relationships—and about parenthood; autonomy; religious believers and cultural communities; and the role of the state in family, culture, and religion. Their narratives were influenced by liberalism and emphasize a degree of individualism that is incongruous given the subject matter of parent child relationships and their place within communities and the law. This thesis explores the application of relational theory and the integrated principles of justice and care to these issues. Ultimately, the stories these judicial opinions tell help …

Lest Law Forget: Locke's Toleration And Religious Freedom, Stephen Holt

LLM Theses

The Canadian Charter of Rights and Freedoms guarantees every person in Canada freedom of conscience and religion. I contend that the concept of religious freedom was born out of a history of religious suffering and originally took the form of John Locke’s toleration of religious differences. In Big M, the first Supreme Court of Canada case that interpreted s. 2(a), Chief Justice Dickson recognized the historical context of religious freedom but also tied it to human autonomy, equality, and dignity. An examination of the cases since Big M suggests that when courts think in terms of tolerance, they accord greater …

Critiquing Atomistic Individualism In Law: Rosenzweig's Beloved Soul As Open And Relational Subject, Lilith Zoe Cole

Electronic Theses and Dissertations

Positioned as a critique of rights-based justice, this project critically rethinks the American system of law by rooting its failures in its philosophical anthropology of atomistic individualism grounded in Locke, and recommends replacing that anthropology with an anthropology inspired by Franz Rosenzweig's The Star of Redemption. In particular, the project explores how Rosenzweig's "beloved soul" invites us to understand human individuality as open and relational, which might help pivot the law away from its current myopic focus on rights-based justice and the often unjust zero-sum modality that rights-based justice produces. Rooting law in open and relational individuality rather than Lockean …

Religious Free Speech And Anti-Discrimination Laws In Australia, Isabel Rocha De Sousa

Theses

This thesis addresses the delicate relationship between Religious Free Speech and Australian Anti-discrimination laws. There are an increasing number of conflicts arising between religious and secular speech. Different opinions related to sensitive matters often result in social and legal disputes. Some of these disputes become complaints under Anti-discrimination laws and arguably lead to less freedom of conscience and speech.

This thesis focuses on ‘the relationship between Religious Free Speech and Anti-discrimination laws’. This is done though critical analysis of relevant literature, cases and legislation, contextualising them in response to the questions proposed in the research paper.