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Full-Text Articles in Religion Law
Religious Freedom In Canada: A Crucible For Constitutionalism, Benjamin Berger
Religious Freedom In Canada: A Crucible For Constitutionalism, Benjamin Berger
Articles & Book Chapters
This article examines three axes around which contemporary Canadian debates on freedom of religion are turning: the status and protection of group and collective religious interests; the emergence – and instability – of state neutrality as the governing ideal in the management of religious difference; and the treatment of Indigenous religion. Each is discussed as a key thematic and doctrinal development emerging from recent activity in the freedom of religion jurisprudence in Canada. Each is also an instance, the article suggests, of religion doing its particularly effective work of exposing the fundamental tensions and dynamics in Canadian constitutionalism more generally.
Against Circumspection: Judges, Religious Symbols, And Signs Of Moral Independence, Benjamin Berger
Against Circumspection: Judges, Religious Symbols, And Signs Of Moral Independence, Benjamin Berger
Articles & Book Chapters
This chapter questions the interpretation of religious signs and symbols— and the interpretive possibilities that emerge when we demand more from one another in thinking about such symbols— by examining the question of judges and religious dress in the particular context of the judge’s role as wielding the coercive force of the state through the exercise of criminal punishment. I advance the argument that recent debates have proceeded on a misleadingly simplistic approach to understanding the meaning of signs of religious belonging and identity in this setting and that, with this, we miss an opportunity for a deeper …