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Articles 1 - 9 of 9
Full-Text Articles in Law
International Civil Disobedience: Unauthorized Intervention And The Conscience Of The International Community, Nathan J. Miller
International Civil Disobedience: Unauthorized Intervention And The Conscience Of The International Community, Nathan J. Miller
Maryland Law Review
No abstract provided.
Islam In The Secular Nomos Of The European Court Of Human Rights, Peter G. Danchin
Islam In The Secular Nomos Of The European Court Of Human Rights, Peter G. Danchin
Faculty Scholarship
Since 2001 the European Court of Human Rights has decided a series of cases involving Islam and the claims of Muslim communities (both majorities and minorities) to freedom of religion and belief. This Article suggests that what is most interesting about these cases is how they are unsettling existing normative legal categories under the ECHR and catalyzing new forms of politics and rethinking of both the historical and theoretical premises of modern liberal political orders. These controversies raise anew two critical questions for ECHR jurisprudence: first, regarding the proper scope of the right to religious freedom; and second, regarding the …
International Law, Human Rights And The Transformative Occupation Of Iraq, Peter G. Danchin
International Law, Human Rights And The Transformative Occupation Of Iraq, Peter G. Danchin
Faculty Scholarship
This chapter examines the project of transformative occupation undertaken by the United States and its allies following the invasion of Iraq in 2003. More specifically, it considers the Iraqi occupation in light of two competing sensibilities in international legal argument. On one view, which I term “legal formalism”, the purpose of international law is eclectic, intersubjective and value-pluralist: to create the conditions for peaceful coexistence between different political orders and ways of life. This view is commonly associated with the liberalism of the United Nations Charter which posits both the subject of international law and its liberty in formal terms …
Of Prophets And Proselytes: Freedom Of Religion And The Conflict Of Rights In International Law, Peter G. Danchin
Of Prophets And Proselytes: Freedom Of Religion And The Conflict Of Rights In International Law, Peter G. Danchin
Faculty Scholarship
The case of proselytism presents a tangle of competing claims: on the one hand, the rights of proselytizers to free exercise of religion and freedom of speech; on the other hand, the rights of targets of proselytism to change their religion, peacefully to have or maintain a particular religious tradition, and to be free from injury to religious feelings. Clashes between these claims of right are today generating acute tensions in relations between States and peoples, a state of affairs starkly illustrated by the recent Danish cartoons controversy. Irrespective of their resolution in any particular domestic legal system, how should …
The Emergence And Structure Of Religious Freedom In International Law Reconsidered, Peter G. Danchin
The Emergence And Structure Of Religious Freedom In International Law Reconsidered, Peter G. Danchin
Faculty Scholarship
This Article presents a critique of the historical evolution of the right to freedom of religion in international law. In identifying certain conceptual tensions between liberal and value pluralist accounts in the literature, a general theoretical argument is advanced. Beyond standard Enlightenment narratives of individual freedom of conscience, this argument notices a second, more complex narrative of genuine pluralism in the evolving conception of religious freedom in international legal thought. This suggests that there is no simple, but rather a complex mapping of individual toleration in international law and no single path to modernity or to the formation of the …
Suspect Symbols: Value Pluralism As A Theory Of Religious Freedom In International Law, Peter G. Danchin
Suspect Symbols: Value Pluralism As A Theory Of Religious Freedom In International Law, Peter G. Danchin
Faculty Scholarship
The grounds upon which states may limit the freedom to manifest religion or belief are divisive questions in constitutional and international law. The focus of recent inquiry has been on laws which proscribe the wearing of religious symbols in certain aspects of the public sphere, and on the claims more generally to religious and cultural freedom of Muslim minorities in European nation-states. Stepping back from these debates, this Article aims at a more rigorous theoretical treatment of the subject. It asks whether there is a coherent notion of religious freedom in international legal theory and, if not, why not? In …
The Evolving Jurisprudence Of The European Court Of Human Rights And The Protection Of Religious Minorities, Peter G. Danchin, Lisa Forman
The Evolving Jurisprudence Of The European Court Of Human Rights And The Protection Of Religious Minorities, Peter G. Danchin, Lisa Forman
Faculty Scholarship
No abstract provided.
External Monitoring And The International Protection Of Freedom Of Religion Or Belief, Peter G. Danchin
External Monitoring And The International Protection Of Freedom Of Religion Or Belief, Peter G. Danchin
Faculty Scholarship
No abstract provided.
Religion, Religious Minorities And Human Rights: An Introduction, Peter G. Danchin
Religion, Religious Minorities And Human Rights: An Introduction, Peter G. Danchin
Faculty Scholarship
No abstract provided.