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Full-Text Articles in Religion Law
Lest Law Forget: Locke's Toleration And Religious Freedom, Stephen Holt
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 …
Modernizing Pakistan's Blasphemy Law As Hate Speech, Farhan Raouf
Modernizing Pakistan's Blasphemy Law As Hate Speech, Farhan Raouf
LLM Theses
It is difficult to define blasphemy. What is regarded as blasphemous will depend on the values prevalent in a given society. In general, it includes denigrating and insulting expressions targeted toward God and other aspects of religion. My thesis is that blasphemy, to the extent it should be dealt with by the law, should be regarded a sub-category of hate speech. The law should concern itself only with those aspects of blasphemy which incite hatred against a group which is identifiable on the basis of religion. More specifically, I argue that Pakistan should repeal its blasphemy law (s. 295-c Penal …
The Rule Of Liberal Legalism: The Challenge Of The Normativities Of Multiple Modernities And Religious Diversity, Noorjahan Pirani Hirji
The Rule Of Liberal Legalism: The Challenge Of The Normativities Of Multiple Modernities And Religious Diversity, Noorjahan Pirani Hirji
LLM Theses
In Canada profound diversification of multiple moral, political and normative commitments of a multiplicity of communities is unstoppable. Its historically liberalized, modernized and secularized law dominates principles of procedural justice in expressing the monistic liberal theory of rights now entrenched as individual rights within its charter. For religious believers, basing legal and political life on moral behavior acquired through generations of norms is integral to both security of state, and integrity of multiple communities. Tension exists between religious rights, demands of different visions of the good life, secular politics and the slow reshaping of liberal constitutional law in recognizing religious …