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"Simply A Constitutional Legal Question?": Law, Religion And The Modern State, Benjamin L. Berger
"Simply A Constitutional Legal Question?": Law, Religion And The Modern State, Benjamin L. Berger
Benjamin L. Berger
Benjamin L. Berger, Associate Professor at Osgoode Hall Law School, on key questions about law, religion, and social change.
Law's Religion: Rendering Culture, Benjamin L. Berger
Law's Religion: Rendering Culture, Benjamin L. Berger
Benjamin L. Berger
This article argues that constitutional law's inability to deal with religion in a satisfying way flows, in part, from its failure to understand religion as, in a robust sense, culture. Once one begins to understand the Canadian constitutional rule of law itself as a cultural form, it becomes apparent that law renders religion in a very particular fashion, and that this rendering is a product of law's symbolic categories and interpretive horizons. This article draws out the elements of Canadian constitutionalism's unique rendering of religion and argues that, although Canadian constitutionalism claims to understand religion as a culture, this is …