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Full-Text Articles in Religion Law
Dilemmas Of Cultural Legality: A Comment On Roger Cotterrell's 'The Struggle For Law' And A Criticism Of The House Of Lords' Opinions In Begum, John Mikhail
Georgetown Law Faculty Publications and Other Works
In “The Struggle for Law: Some Dilemmas of Cultural Legality,” Professor Roger Cotterrell argues that the law’s most distinctive aspiration is to promote a respectful exchange of ideas among different parts of a multicultural society. He illustrates his thesis with the House of Lords’ decision in Begum, describing it as “a relatively successful contribution to the process by which battlefields of rights are turned into areas of routine structuring” and finding much to admire in the messages communicated by the Lords in this case. I am more troubled by the Lords’ opinions in Begum and less convinced than Cotterrell seems …
Defending A Rule Of Institutional Autonomy On "No-Harm" Grounds, Mark V. Tushnet
Defending A Rule Of Institutional Autonomy On "No-Harm" Grounds, Mark V. Tushnet
Georgetown Law Faculty Publications and Other Works
The argument I sketch here for institutional autonomy is basically empirical and agrees with Professor Hamilton in making harm-reduction the overriding social goal. The argument proceeds in two steps. First, I suggest that autonomous institutions may be able to socialize their adherents more effectively than institutions that lack autonomy and that - if the institutions' values are compatible with the legislature's - their more effective socialization can produce a net reduction in the harms inflicted by the institutions' members. Second, autonomy for all institutions can be defended if the gains from assuring autonomy for groups whose values are compatible with …