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The University of Notre Dame Australia

Series

2013

Diversity

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The Attack On Western Religions By Western Law: Re-Framing Pluralism, Liberalism And Diversity, I Benson Jan 2013

The Attack On Western Religions By Western Law: Re-Framing Pluralism, Liberalism And Diversity, I Benson

Law Papers and Journal Articles

This paper discusses how law is increasingly being used to attack religious associations under the guise of “equality” advancement and “non-discrimination” restrictions. I explore two important insights: first that the concept of “transformation” has been distorted, to shelter approaches to law that fail to respect properly associational diversity. When misused, “transformation” seeks to change the moral viewpoints or religious beliefs of religious associations by force of law. Second, the paper discusses the expansion of law so that it becomes a threat to associations. The “goods of religion” and the “limits of law” need to be more widely recognized and understood …