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Full-Text Articles in Law
Replaying The Past: Roles For Emotion In Judicial Invocations Of Legislative History, And Precedent, Emily Kidd White
Replaying The Past: Roles For Emotion In Judicial Invocations Of Legislative History, And Precedent, Emily Kidd White
Articles & Book Chapters
Legal reasoning in the common law tradition requires judges to draw on concepts, and examples that are meant to resonate with a particular emotional import and operate in judicial reasoning as though they do. Judicial applications of constitutional rights are regularly interpreted by reference to past violations (either through precedent, contextual framings, and/or legislative history), which in turn elicit a series of emotions which work to deepen and intensify judicial understandings of a right guarantee (freedom of association, freedom of expression, equality, security of the person, etc.). This paper examines the way in which invocations of past political histories, and …
Assessing Adler: The Weight Of Constitutional History And The Future Of Religious Freedom, Benjamin Berger
Assessing Adler: The Weight Of Constitutional History And The Future Of Religious Freedom, Benjamin Berger
Articles & Book Chapters
This article approaches Adler v. Ontario as a distinctively useful perch from which to survey the history and future of the constitutional interaction of law and religion. The case is positioned at a provocative place in the arc of the development of this interaction and the article uses the reasons in Adler to expose and explore some themes that shape not only our religion jurisprudence, but Canadian constitutionalism more generally. The article begins by examining what the majority's heavy reliance on religion's place in constitutional history suggests about the competing logics at work in Canadian constitutional life. That discussion leads …