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Full-Text Articles in Religion Law

The Right To Be Proselytized Under International Law, Ryan Cheney Nov 2023

The Right To Be Proselytized Under International Law, Ryan Cheney

BYU Law Review

Legal analyses of proselytism have tended to focus on the rights of the proselytizer and on the right of the target of proselytism, or “proselytizee,” to be free from such “interference.” However, such analyses do not fully account for all rights involved in proselytism. When people are prevented from being proselytized, such as by law or by persecution, an important consequence is that they are cut off from a significant source of information on and mechanism for exploring and joining other religions. Despite stigmatizations of proselytism, many people regularly accept it and learn about and join other faiths through it. …


Clark Memorandum: Fall 2022, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society Nov 2022

Clark Memorandum: Fall 2022, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum


Christian Dignity And The Overlapping Consensus, Frederick Mark Gedicks Jun 2021

Christian Dignity And The Overlapping Consensus, Frederick Mark Gedicks

BYU Law Review

This Article rejects arguments by Christian leaders, scholars, and others who lament the secularization of the West and urge Christian dignity as the foundation of universal human rights. It argues instead that only a secular conception of dignity free of Christian metaphysics can create an overlapping consensus in support of human rights.

Part I describes the roots of Christian dignity in medieval theology and status. Part II briefly recounts how the Renaissance and Enlightenment re-centered the end of dignity from knowing God to knowing oneself, while the Reformation's extension of original sin to the intellect left Catholicism as the primary …


The Rise And Fall Of Human Dignity, Nicholas Aroney Jun 2021

The Rise And Fall Of Human Dignity, Nicholas Aroney

BYU Law Review

No abstract provided.


Christian Accounts Of Religious Liberty: Two Views Of Conscience, Joel Harrison Jun 2021

Christian Accounts Of Religious Liberty: Two Views Of Conscience, Joel Harrison

BYU Law Review

No abstract provided.


Christianity, Human Rights, And Dignity: Squaring The Triangle, Brett Scharffs, Andrea Pin, Dmytro Vovk Jun 2021

Christianity, Human Rights, And Dignity: Squaring The Triangle, Brett Scharffs, Andrea Pin, Dmytro Vovk

BYU Law Review

No abstract provided.


Friends Of The Court: Christian Conservative Arguments On Human Dignity Before The U.S. Supreme Court And The European Court Of Human Rights, Pasquale Annicchino Jun 2021

Friends Of The Court: Christian Conservative Arguments On Human Dignity Before The U.S. Supreme Court And The European Court Of Human Rights, Pasquale Annicchino

BYU Law Review

No abstract provided.


Catholicism, Liberalism, And Populism, Andrea Pin, Luca P. Vanoni Jun 2021

Catholicism, Liberalism, And Populism, Andrea Pin, Luca P. Vanoni

BYU Law Review

No abstract provided.


Christian Faith-Based Organizations As Third Party Interveners At The European Court Of Human Rights, Eugenia Relaño Pastor Jun 2021

Christian Faith-Based Organizations As Third Party Interveners At The European Court Of Human Rights, Eugenia Relaño Pastor

BYU Law Review

No abstract provided.


Human Dignity Has No Borders: Respecting The Rights Of “People On The Move” And The Rights And Religious Freedom Of Those Who Aid Them, Christine M. Venter Jun 2021

Human Dignity Has No Borders: Respecting The Rights Of “People On The Move” And The Rights And Religious Freedom Of Those Who Aid Them, Christine M. Venter

BYU Law Review

No abstract provided.


Dignity And Discrimination, Frederick Mark Gedicks Apr 2021

Dignity And Discrimination, Frederick Mark Gedicks

BYU Law Review

Delivered as the Dignity in Law Symposium keynote address, this essay surveys uses of dignity in U.S. constitutional law, with a focus on conflicts between the dignities attached to citizenship and religious conscience. Parts I and II discuss dignity as state sovereignty and hierarchical status. Part III examines the collision of dignities in the Masterpiece Cakeshop decision. Part IV argues that attention to the public or private nature of the site where religious accommodation is demanded clarifies when accommodation is appropriate, using a house of worship and a government office as illustration s. Part V lists other sites of accommodation …


With An Even Hand: The Call For Pakistan’S Executive Task Force For Religious Tolerance, J. Clifford Wallace Sep 2020

With An Even Hand: The Call For Pakistan’S Executive Task Force For Religious Tolerance, J. Clifford Wallace

BYU Law Review

No abstract provided.


Clark Memorandum: Spring 2020, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society Apr 2020

Clark Memorandum: Spring 2020, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

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Clark Memorandum: Spring 2019, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society May 2019

Clark Memorandum: Spring 2019, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum


The Interplay Of Majority And Minority Religious Rights And The Role Of The Judiciary, Justice Tassaduq Hussain Jillani Jun 2017

The Interplay Of Majority And Minority Religious Rights And The Role Of The Judiciary, Justice Tassaduq Hussain Jillani

BYU Law Review

No abstract provided.


Human Rights, Religious Freedom, And Peace, David Little Oct 2016

Human Rights, Religious Freedom, And Peace, David Little

BYU Law Review

No abstract provided.


Clark Memorandum: Fall 2015, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society Oct 2015

Clark Memorandum: Fall 2015, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum


Freedom Of Religion Under The European Convention On Human Rights: A Precious Asset, Françoise Tulkens Apr 2014

Freedom Of Religion Under The European Convention On Human Rights: A Precious Asset, Françoise Tulkens

BYU Law Review

No abstract provided.


The Justification Of Human Rights, David Little Apr 2014

The Justification Of Human Rights, David Little

BYU Law Review

No abstract provided.


Tensions And Synergies In Religious Liberty: An Evaluation Of The Interrelation Of Freedom Of Belief With Other Human Rights; Parallel Equality And Anti-Discrimination Provisions; Enforcement In Competing European Courts; And Mediated Dispute Resolution, Mark Hill Apr 2014

Tensions And Synergies In Religious Liberty: An Evaluation Of The Interrelation Of Freedom Of Belief With Other Human Rights; Parallel Equality And Anti-Discrimination Provisions; Enforcement In Competing European Courts; And Mediated Dispute Resolution, Mark Hill

BYU Law Review

No abstract provided.


"And Should The First Be Last?", Malcolm D. Evans Apr 2014

"And Should The First Be Last?", Malcolm D. Evans

BYU Law Review

No abstract provided.


Does Europe Need Neutrality? The Old Continent In Search Of Identity, Andrea Pin Apr 2014

Does Europe Need Neutrality? The Old Continent In Search Of Identity, Andrea Pin

BYU Law Review

No abstract provided.


Liberal Democracy And The Right To Religious Freedom, Aldir Guedes Soriano Jan 2014

Liberal Democracy And The Right To Religious Freedom, Aldir Guedes Soriano

BYU Law Review

Foremost, this paper examines the current situation of the rights to religious freedom and democracy around the world, which deserve attention and concern. Civil liberties are currently in crossfire. This article examines the foundations of the right to religious freedom. Depending on the philosophical foundations, there are two different rationales for the right to religious freedom: liberal and anti-liberal. According to the liberal tradition, the best reason to protect religious freedom rests upon the autonomy of the individual conscience. It is clear that a constitutional democracy does not allow the establishment of any religion by the government, using either executive …


Religions As Sovereigns: Why Religion Is "Special", Elizabeth Clark Feb 2013

Religions As Sovereigns: Why Religion Is "Special", Elizabeth Clark

Faculty Scholarship

Commentators increasingly challenge religion’s privileged legal status, arguing that it is not “special” or distinct from other associations or philosophical or conscientious claims. I propose that religion is “special” because it functions metaphorically as a legal sovereign, asserting supreme authority over a realm of human life. Under a religion-as-sovereign theory, religious freedom can be understood as at least partial deference to a religious sovereign in a system of shared or overlapping sovereignty. This Article suggests that federalism, which also involves shared sovereignty, can provide a useful heuristic device for examining religious freedom. Specifically, the Article examines a range of federalism …


Liberalism In Decline: Legislative Trends Limiting Religious Freedom In Russia And Central Asia, Elizabeth Clark Jan 2013

Liberalism In Decline: Legislative Trends Limiting Religious Freedom In Russia And Central Asia, Elizabeth Clark

Faculty Scholarship

Religious freedom, among other human rights, has increasingly been restricted in Russia and Central Asia. Recent empirical research has shown that increased governmental regulation of religion causes increased social hostilities over religion and has shown the connections between religious freedom and numerous other civil rights and social goods. The U.S. government has particularly recognized the importance of religious freedom in Russia, mandating significant restrictions on aid based on the Russian interpretation of restrictive religion legislation passed in 1997. Since that time, however, virtually no attention has been given to draft legislation in this area in Russia and common trends seen …


Rising Restrictions On Religion: A Global Overview, Brian J. Grim Sep 2012

Rising Restrictions On Religion: A Global Overview, Brian J. Grim

BYU Law Review

No abstract provided.


Indonesian Discourse On Human Rights And Freedom Of Religion Or Belief: Muslim Perspectives, Syamsul Arifin Sep 2012

Indonesian Discourse On Human Rights And Freedom Of Religion Or Belief: Muslim Perspectives, Syamsul Arifin

BYU Law Review

No abstract provided.


Coalition And Hegemony: Religion's Role In The Progress Of Modernization In Reformed China, Zeng Chuanhui Sep 2011

Coalition And Hegemony: Religion's Role In The Progress Of Modernization In Reformed China, Zeng Chuanhui

BYU Law Review

No abstract provided.


Freedom Of Expression And Religious Sensitivities In Pluralist Societies: Facing The Challenge Of Extreme Speech, Jeroen Temperman Sep 2011

Freedom Of Expression And Religious Sensitivities In Pluralist Societies: Facing The Challenge Of Extreme Speech, Jeroen Temperman

BYU Law Review

No abstract provided.


Religion In Contemporary Legal Systems, Tahir Mahmood Sep 2011

Religion In Contemporary Legal Systems, Tahir Mahmood

BYU Law Review

No abstract provided.