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The University of Notre Dame Australia

Public sphere

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Articles 1 - 2 of 2

Full-Text Articles in Law

Seeing Through The Secular Illusion, I Benson Jan 2013

Seeing Through The Secular Illusion, I Benson

Law Papers and Journal Articles

It is often said that we live in a ‘secular’ age and that the principles of ‘secularism’ lead to a ‘neutral’ public sphere. The central terms ‘secular’ and ‘secularism’ however, though they are often used are rarely examined. Related terms, relevant to their meaning, such as ‘faith’ and ‘belief’ are also seldom defined or compared alongside each other to evaluate how well they comply with principles of justice. In this paper, a development of others on similar themes, Professor Benson examines various definitions alongside contemporary topics and legal decisions to argue that an open public sphere requires re-thinking how many …


The Unexamined Faiths And The Public Place Of Religion: Emerging Insights From The Law, I Benson Jan 2011

The Unexamined Faiths And The Public Place Of Religion: Emerging Insights From The Law, I Benson

Law Papers and Journal Articles

The article examines certain key terms, such as “beliefs” and “faith” and how these are understood in relation to the public sphere. It examines some writings of recent popularist authors such as Richard Dawkins and Christopher Hitchens, and is critical of the authors’ claims that they do not have faith or beliefs. Drawing on legal decisions in Canada and South Africa the article suggests that this sort of terminological looseness has legal and political implications when it comes to whether or not beliefs of all sorts (religious and non-religious) are treated fairly in the public sphere. Arguing for a more …