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Full-Text Articles in Law

The Legitimacy Of International Human Rights Law—Addressing The Justification Gap, Brock M. Mason Jul 2022

The Legitimacy Of International Human Rights Law—Addressing The Justification Gap, Brock M. Mason

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.


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 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 …


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.


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.


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.


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.


Indigenous Dignity And The Right To Be Forgotten, Trevor Reed Apr 2021

Indigenous Dignity And The Right To Be Forgotten, Trevor Reed

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 …


What Does The State Owe To Its People? Toward A “Responsibility To Develop”, Amit Khardori Apr 2021

What Does The State Owe To Its People? Toward A “Responsibility To Develop”, Amit Khardori

BYU Law Review

No abstract provided.


Pregnancy During Incarceration: A “Serious” Medical Need, Rahgan Jensen Mar 2021

Pregnancy During Incarceration: A “Serious” Medical Need, Rahgan Jensen

BYU Law Review

No abstract provided.


Medical Disputes And Conflicting Values: Is There A “Right To Die” Later?, Janet L. Dolgin Nov 2020

Medical Disputes And Conflicting Values: Is There A “Right To Die” Later?, Janet L. Dolgin

BYU Law Review

No abstract provided.


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.


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.


Forced Marriage At The Cambodian Crossroads: Eccc Can Develop A New Crime Against Humanity, Cameron Christensen Dec 2015

Forced Marriage At The Cambodian Crossroads: Eccc Can Develop A New Crime Against Humanity, Cameron Christensen

BYU Law Review

No abstract provided.


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.


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.


The Justification Of Human Rights, David Little Apr 2014

The Justification Of Human Rights, David Little

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 …


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.


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.


Law And Religion In Colombia: Legal Recognition Of Religious Entities, Vicente Prieto Sep 2011

Law And Religion In Colombia: Legal Recognition Of Religious Entities, Vicente Prieto

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.


The Background And Contents Of The Proposed South African Charter Of Religious Rights And Freedoms, Rassie Malherbe Sep 2011

The Background And Contents Of The Proposed South African Charter Of Religious Rights And Freedoms, Rassie Malherbe

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.