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Articles 1 - 30 of 159
Full-Text Articles in Religion Law
Limitations On Religious Rights: Problematizing Religious Freedom In The African Context, Makau Wa Mutua
Limitations On Religious Rights: Problematizing Religious Freedom In The African Context, Makau Wa Mutua
Makau Mutua
No abstract provided.
Religious Human Rights In Global Perspective, Isabel Marcus
Religious Human Rights In Global Perspective, Isabel Marcus
Isabel Marcus
Book review of Johan van der Vyver & John Witte, Jr.'s Religious human Rights in Global Perspective
The "Common Word," Development, And Human Rights: African And Catholic Perspectives, Joseph M. Isanga
The "Common Word," Development, And Human Rights: African And Catholic Perspectives, Joseph M. Isanga
Joseph Isanga
Africa is the most conflict-ridden region of the world and has been since the end of the Cold War. The Continent's performance in both development and human rights continues to lag behind other regions in the world. Such conditions can cause religious differences to escalate into conflict, particularly where religious polarity is susceptible to being exploited. The sheer scale of such conflicts underscores the urgency and significance of interreligious engagement and dialogue: 'Quantitative and qualitative analysis based on a ... database including 28 violent conflicts show that religion plays a role more frequently than is usually assumed.' This ambivalent character …
Kadhi's Courts And Kenya's Constitution: An International Human Rights Perspective, Joseph M. Isanga
Kadhi's Courts And Kenya's Constitution: An International Human Rights Perspective, Joseph M. Isanga
Joseph Isanga
This article examines Kenya's international human rights obligations and finds that there is support for religious courts, provided relevant human rights guarantees are ensured. Kenya's Kadhi's courts have existed in the constitution since independence from the British. So why do some religious groups now oppose them or their enhancement under Kenya's Constitution? Opponents of Kadhi's courts advance, inter aha, the following arguments. First, Kadhi's courts provisions favour one religion and divide Kenyans along religious lines. Second, they introduce Sharia law. Third, the historical reasons for their existence have been overtaken by events. Fourth, non-Muslims shouldn't be taxed to fund a …
Changing Minds: Proselytism, Freedom, And The First Amendment, Richard W. Garnett
Changing Minds: Proselytism, Freedom, And The First Amendment, Richard W. Garnett
Richard W Garnett
Proselytism is, as Paul Griffiths has observed, a topic enjoying renewed attention in recent years. What's more, the practice, aims, and effects of proselytism are increasingly framed not merely in terms of piety and zeal; they are seen as matters of geopolitical, cultural, and national-security significance as well. Indeed, it is fair to say that one of today's more pressing challenges is the conceptual and practical tangle of religious liberty, free expression, cultural integrity, and political stability. This essay is an effort to unravel that tangle by drawing on the religious-freedom-related work and teaching of the late Pope John Paul …
Beyond Culture: Human Rights Universalisms Versus Religious And Cultural Relativism In The Activism For Gender Justice, Cyra Akila Choudhury
Beyond Culture: Human Rights Universalisms Versus Religious And Cultural Relativism In The Activism For Gender Justice, Cyra Akila Choudhury
Cyra A. Choudhury
No abstract provided.
Freedom Of Religion And Balancing Clauses In Discrimination Legislation, Neil J. Foster
Freedom Of Religion And Balancing Clauses In Discrimination Legislation, Neil J. Foster
Neil J Foster
This paper considers how discrimination laws interact with religious freedom through balancing clauses.
Exploring Critical Issues In Religious Genocide: Case Studies Of Violence In Tibet, Iraq And Gujarat, 40 Case W. Res. J. Int'l L. 163 (2008), Robert Petit, Stuart K. Ford, Neha Jain
Exploring Critical Issues In Religious Genocide: Case Studies Of Violence In Tibet, Iraq And Gujarat, 40 Case W. Res. J. Int'l L. 163 (2008), Robert Petit, Stuart K. Ford, Neha Jain
Stuart Ford
No abstract provided.
Religious Liberty: Between Strategy And Telos, Kristine Kalanges
Religious Liberty: Between Strategy And Telos, Kristine Kalanges
Kristine Kalanges
It has become woefully commonplace to observe that threats to religious freedom are increasing in the United States and globally. In response, scholars, human rights activists, and policymakers are engaging courts, political institutions, and the public square to make the case that religious liberty merits robust protection. Historically, these arguments were crafted primarily in theological and political terms. But as the number of those disclaiming religious affiliation rises and the political climate becomes ever more gridlocked, the search is on for new ways to make religious freedom relevant to state leaders and salable to a diverse public. Thus, during a …
Taking God Seriously: Why Religion Is Essential To The Defense Of Religious Human Rights, Kristine Kalanges
Taking God Seriously: Why Religion Is Essential To The Defense Of Religious Human Rights, Kristine Kalanges
Kristine Kalanges
The immediate challenge is to transform the “difficult choice” between religious liberty as a universal human right and peaceful coexistence of diverse legal political cultures. The development of a world legal tradition is an important component of that transformation. World legal tradition emphasizes the comparative moral and historical bases of law in the subject spheres of study. Its integrative jurisprudence necessitates consideration of the contributions made by religion, politics, and historical circumstance to the evolution of law. While the elements of a world legal tradition are to be found in the intellectual and institutional resources of the Western and Islamic …
Talking Points On Report Of The Special Rapporteur On Freedom Of Religion Or Belief, Kristine Kalanges
Talking Points On Report Of The Special Rapporteur On Freedom Of Religion Or Belief, Kristine Kalanges
Kristine Kalanges
To support the Holy See in its work at the United Nations, the Caritas in Veritate Foundation, in Geneva, Switzerland, and the Center for Catholic Studies at the University of St. Thomas in Minnesota, collaborated in preparing reports on current issues discussed at the United Nations. The Terrence J. Murphy Institute for Catholic Thought, Law, and Public Policy, a joint venture between the Center for Catholic Studies and the School of Law at the University of St. Thomas, supports this collaboration, helps identify experts to draft these reports and, with the authors' permission, makes them available on its website. In …
Unscrambling The Curate’S Egg- The High Court’S Act Same Sex Marriage Decision, Neil J. Foster
Unscrambling The Curate’S Egg- The High Court’S Act Same Sex Marriage Decision, Neil J. Foster
Neil J Foster
Discusses and critiques the decision of the High Court of Australia in the ACT Same Sex Marriage case [2013] HCA 55.
High Court Of Australia Declines Leave To Appeal Cyc V Cobaw, Neil J. Foster
High Court Of Australia Declines Leave To Appeal Cyc V Cobaw, Neil J. Foster
Neil J Foster
Discusses the recent decision of the High Court to refuse special leave to appeal in CYC v Cobaw, and implications of the decision for religious freedom in Australia.
Law And Religion In The Victorian Court Of Appeal, Neil J. Foster
Law And Religion In The Victorian Court Of Appeal, Neil J. Foster
Neil J Foster
Briefly notes the decision in Cobaw v CYC (2014) and suggests reason why the High Court should grant special leave to appeal.
Discrimination, Language And Freedom Of Religion: Two Important Law And Religion Decisions In Australia, Neil J. Foster
Discrimination, Language And Freedom Of Religion: Two Important Law And Religion Decisions In Australia, Neil J. Foster
Neil J Foster
The paper discusses two important recent cases at an appellate level in Australia raising issues to do with the intersection of law and religious commitment. One deals with discrimination on the ground of sexual orientation and whether religious groups should enjoy religious freedom to decline to support a non-Biblical view of sexual morality. The other deals with whether the members of a church can assert religious freedom rights against the leaders of the church.
New Anti-Discrimination Laws 'Erode Religious Freedom', Neil J. Foster, Katherine Towers
New Anti-Discrimination Laws 'Erode Religious Freedom', Neil J. Foster, Katherine Towers
Neil J Foster
A newspaper report on the recent Victorian Cobaw case with comments from me on the issues.
Christian Youth Camp Liable For Declining Booking From Homosexual Support Group, Neil J. Foster
Christian Youth Camp Liable For Declining Booking From Homosexual Support Group, Neil J. Foster
Neil J Foster
Discusses the decision on appeal in Christian Youth Camps Limited & Ors v Cobaw Community Health Service Limited & Ors [2014] VSCA 75 (16 April 2014) and its implication for Christian organisations.
Submission On S 18c Reforms, Neil J. Foster
Submission On S 18c Reforms, Neil J. Foster
Neil J Foster
A copy of my submission to the Commonwealth Attorney-General concerning amendments to s 18C of the Racial Discrimination Act 1975 on racial vilification
Arizona's New Religious Freedom Law: License To Discriminate Against Gays?, Neil J. Foster
Arizona's New Religious Freedom Law: License To Discriminate Against Gays?, Neil J. Foster
Neil J Foster
Discusses Arizona's controversial new Bill which has been labelled a "license to discriminate". The paper concludes that while the aim of crafting a religious freedom exemption for those who do not want to support or celebrate same sex unions is a laudable one, on balance the Arizona law seems to be too broad and should not be supported.
Recent Uk Case Connected With Sexual Orientation “Hate Speech”, Neil J. Foster
Recent Uk Case Connected With Sexual Orientation “Hate Speech”, Neil J. Foster
Neil J Foster
Discusses the decision in R (On the Application Of Core Issues Trust) v Transport for London [2014] EWCA Civ 34 (27 January 2014) dealing with signs on London buses alleged to be "homophobic".
Legal Pressure Points For Christians In 21st Century Australia, Neil J. Foster
Legal Pressure Points For Christians In 21st Century Australia, Neil J. Foster
Neil J Foster
This paper discusses the pressures facing Christians who adhere to Biblical ethical values when those principles clash with current discrimination and vilification laws.
"To Kill A Cleric?: The Al-Awlaki Case And The Chaplaincy Exception Under The Laws Of War", K Benson
"To Kill A Cleric?: The Al-Awlaki Case And The Chaplaincy Exception Under The Laws Of War", K Benson
K Benson
Anwar al-Awlaki was the first American citizen to be targeted for extrajudicial assassination by the Obama administration. While scholarly attention has focused on legality of his killing under domestic law, his status as a chaplain under International Humanitarian Law (IHL) has gone unexamined. The possibility that Anwar al-Awlaki may have been a protected person as a chaplain has profound ramifications for the legality of his killing and for the conduct of the war on terror more generally. As the definition of a "Chaplain" under IHL is under-developed at best and vague at worst, ideologues such as Mr. al-Awlaki operate in …
The World’S Youngest Political Prisoner, Richard Klein
The World’S Youngest Political Prisoner, Richard Klein
Richard Daniel Klein
Every participant at an international human rights conference in June 1998 received a small pamphlet published by Tibetan supporters of Tibetan Buddhism's highest-ranking figure, the Dalai Lama. Entitled "The World's Youngest Political Prisoner," the pamphlet makes a plea for support for a young boy, now nine years old, who the Chinese government has allegedly kidnapped and detained. The Dalai Lama, who has been living in exile for forty years, claims the boy is the eleventh reincarnation of the Panchen Lama, the second holiest individual in Tibetan Buddhism. This battle over the identification of the reincarnation of a holy man is …
Subsidiarity In The Tradition Of Catholic Social Doctrine, Patrick Brennan
Subsidiarity In The Tradition Of Catholic Social Doctrine, Patrick Brennan
Patrick McKinley Brennan
This chapter is an invited contribution to the first English-language comparative study of subsidiarity, M. Evans and A. Zimmerman (eds.), Subsidiarity in Comparative Perspective (forthcoming Springer, 2013). The concept of subsidiarity does work in many and varied legal contexts today, but the concept originated in Catholic social doctrine. The Catholic understanding of subsidiarity (or subsidiary function) is the subject of this chapter. Subsidiarity is often described as a norm calling for the devolution of power or for performing social functions at the lowest possible level. In Catholic social doctrine, it is neither. Subsidiarity is the fixed and immovable ontological principle …
The Mighty Work Of Making Nations Happy: A Response To James Davison Hunter, Patrick Mckinley Brennan
The Mighty Work Of Making Nations Happy: A Response To James Davison Hunter, Patrick Mckinley Brennan
Patrick McKinley Brennan
This article is an invited response to James Davison Hunter’s much-discussed book To Change the World: The Irony, Tragedy, and Possibility of Christianity in the Late Modern World (Oxford University Press, 2010). Hunter, a sociologist at UVA and a believing Protestant, claims that law’s capacity to contribute to social change is “mostly illusory” and that Christians, therefore, should practice “faithful presence” in the public square rather than seek to influence law directly. My response is that it is, in fact, law’s stunning ability to alter and limit available choices that makes it an object of deservedly fierce contest. The wild …
The Liberty Of The Church: Source, Scope And Scandal, Patrick Brennan
The Liberty Of The Church: Source, Scope And Scandal, Patrick Brennan
Patrick McKinley Brennan
This article was presented at a conference, and is part of a symposium, on "The Freedom of the Church in the Modern Era." The article argues that the liberty of the Church, libertas Ecclesiae, is not a mere metaphor, pace the views of some other contributions to the conference and symposium and of the mentality mostly prevailing over the last five hundred years. The argument is that the Church and her directly God-given rights are ontologically irreducible in a way that the rights of, say, the state of California or even of the United States are not. Based on a …
Resisting The Grand Coalition In Favor Of The Status Quo By Giving Full Scope To The Libertas Ecclesiae, Patrick Brennan
Resisting The Grand Coalition In Favor Of The Status Quo By Giving Full Scope To The Libertas Ecclesiae, Patrick Brennan
Patrick McKinley Brennan
This paper argues that questions about "religious freedom" must be subordinated to the fundamental principle of the liberty of the Church, libertas Ecclesiae. The First Amendment's agnosticism with respect to the liberty of the Church is not ultimately normative. Catholics and others who merely seek religious "accommodation," as with the HHS mandate, for example, are agents of a status quo that illegitimately has comfortable self-preservation as its highest value. It is Catholic doctrine that "creation was for the sake of the Church," not for the sake of, say, religious freedom. The paper argues that the contingent constitution of …
Does Political Islam Conflict With Secular Democracy? Philosophical Reflections On Religion And Politics, David Ingram
Does Political Islam Conflict With Secular Democracy? Philosophical Reflections On Religion And Politics, David Ingram
David Ingram
Abstract: This paper rebuts the thesis that political Islam conflicts with secular democracy. More precisely, it examines three sorts of claims that ostensibly support this thesis: (a) The Muslim religion is incompatible with secular democracy; (b) No Muslim country has instituted secular democracy; and (c) No movement seeking to advance its agenda as aggressively as political Islam does can do so with the degree of moderation required of a political party that is committed to secular democracy. Theologians, philosophers, and political scientists have debated (a) through (c) within the jurisdiction of their respective fields. I propose to combine these debates …
The Politics Of Religious Establishment: Recognition Of Muslim Marriages In South Africa, Peter G. Danchin
The Politics Of Religious Establishment: Recognition Of Muslim Marriages In South Africa, Peter G. Danchin
Peter G. Danchin
This paper explores the normative dissonances and antinomies generated by the politics around religious establishment by examining post-apartheid law reform efforts in South Africa to recognize Muslim marriages. Since the late 1990s, the South African Law Reform Commission has initiated various projects to recognize the claims of and redress past discrimination against different religious communities, including tribal groups living under customary law and religious minorities with their own family and personal status laws. It is striking how the norms and assumptions underpinning this debate differ from engagements involving the claims of religious communities in Europe and North America where broadly …
“Onde Está A Felicidade?", Paulo Ferreira Da Cunha
“Onde Está A Felicidade?", Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
Poderemos ser felizes? Passamos a maior parte do tempo a trabalhar, no emprego ou em casa, e em Portugal até dormimos cada vez menos. A aproximação à felicidade parece cada vez mais depender de como nos sentirmos no trabalho. E face à dura realidade, poderemos sonhar que todos sejam felizes no trabalho, ou tal será uma quimera?