scholarly journals The Ironies of the New Religious Liberty Litigation

Daedalus ◽  
2020 ◽  
Vol 149 (3) ◽  
pp. 72-86
Author(s):  
Cathleen Kaveny
Keyword(s):  
Liberal Democracy ◽  
Golden Rule ◽  
Case Law ◽  
Religious Liberty ◽  
Legal Rights ◽  
Civic Friendship

The plaintiffs in recent religious liberty litigation are very different from plaintiffs in earlier cases. They are not marginalized or politically powerless. They seek to return the country to its conservative roots, rather than to escape the dominant liberal mindset. But their success has come at a cost to their own deep commitments. This essay will proceed as follows. First, I describe key elements of recent religious liberty cases, highlighting the ways in which they go beyond the older case law that ostensibly served as precedent. Second, I argue that these decisions ironically fall prey to the communitarian critiques of modern liberal democracy that have been prominent in conservative religious circles for thirty years or more. Finally, I sketch a new way forward, drawing on the notion of civic friendship and the Golden Rule, and suggest the question religious believers should be asking now is not “What are our legal rights?” but “What do we owe morally to fellow citizens who believe differently than we do?”

In Search of Byzantine Women

2013 ◽  
Author(s):  
Judith Herrin
Keyword(s):  
Case Law ◽  
Legal Rights ◽  
Female Subjectivity ◽  
Early Medieval ◽  
The Third ◽  
Practical Reality ◽  
Christian Beliefs

This chapter examines some of the roles of women in early medieval Byzantine society. It follows three particular avenues of approach, devised as a means of identifying the positions, activity, and authority of women in Byzantine society. The first is to pick up chance references to female activity in the sources written by men, especially those that occur spontaneously in narratives unconnected with women, incidental remarks, and stray observations. The second seeks to document the ingenuity with which women exercised their limited legal rights and is therefore dependent upon the case law that survives—the Peira (Teaching) of Eustathios Romaios is the outstanding example. The third approach attempts to outline the significance of ecclesiastical institutions and Christian beliefs for women, an area in which female subjectivity is perhaps most closely revealed. The overall aim of these avenues is to illuminate a practical reality rather than a legal ideal.

22. Cohabitation

Family Law ◽  
2020 ◽  
pp. 223-226
Author(s):  
Roiya Hodgson
Keyword(s):  
Married Couples ◽  
Case Law ◽  
Legal Rights ◽  
Future Developments ◽  
Civil Partnership ◽  
Legal Remedies ◽  
The Law ◽  
Coherent Body ◽  
Law Commission

Cohabitating relationships are not covered by the same coherent body of law available to married couples or civil partners. Many cohabitants mistakenly believe that they acquire legal rights after a number of years of cohabiting, but this is incorrect. Many clients are shocked to find that they have few legal remedies, and that available are far from straightforward. This chapter begins with a comparison of marriage, civil partnership, and cohabitation. It then goes on to discuss the law on cohabitation contracts, as well as case-law relating to this. The Law Commission Proposals and future developments on cohabitation are then discussed.

4. The interpretation of statutes

2020 ◽  
pp. 115-162
Author(s):  
Steve Wilson ◽  
Helen Rutherford ◽  
Tony Storey ◽  
Natalie Wortley ◽  
Birju Kotecha
Keyword(s):  
Subject Matter ◽  
Golden Rule ◽  
Case Law ◽  
Statutory Interpretation ◽  
Modern Times

This chapter explains the significance of statutory interpretation and how problems of interpretation arise. The chapter considers in detail the courts’ approach to interpretation, and traditional rules such as the literal rule, the golden rule, and the mischief rule are all analysed with examples from the case law. In modern times the courts employ a more purposive approach to interpretation, and there is coverage of how this approach works in practice. In particular, the chapter outlines a range of intrinsic and extrinsic aids to interpretation that the courts can rely on in interpreting an Act of Parliament. Among others, these aids include the long title, cross-headings, marginal or side notes, dictionaries, pre-parliamentary materials, statutes on the same subject matter, and, most notably, Hansard. The chapter concludes with an overview of the rules of language, namely ejusdem generis, noscitur a sociis, and expressio unius est exclusio alterius.

Out of Communism: Reforming the Russian Legal System

2003 ◽  
Vol 102 (666) ◽  
pp. 327-332
Author(s):  
Mark Kramer
Keyword(s):  
Legal System ◽  
Liberal Democracy ◽  
Considerable Progress ◽  
Legal Rights ◽  
Democratic System

Russia has made considerable progress toward a democratic system, but the new legal rights Russian citizens have acquired will remain precarious until a true liberal democracy is firmly in place.

Rule of Law, Religious Liberty, and Harmony

2017 ◽  
Vol 5 (3) ◽  
pp. 254-291
Author(s):  
Li-ann Thio
Keyword(s):  
Rule Of Law ◽  
Religious Freedom ◽  
Legal Pluralism ◽  
Case Law ◽  
The State ◽  
Religious Liberty ◽  
The Rule Of Law ◽  
Constitutional Order ◽  
Range Of Values

This article examines the state of regulation of religion within Singapore, which is the world’s most religiously diverse country. It considers how fundamental principles of the rule of law, religious liberty and legal pluralism operate within the constitutional order predicated on communitarianism and accommodative secularism. While the rule of law seeks to vindicate a range of values which requires sameness and satisfies claims for inclusion, limits to it through exemptions and accommodative measures that multiculturalism and pluralism may prescribe can protect differences and satisfy claims to be left alone, outside the sphere of state govenance. Drawing from Singapore case law, legislation and executive policy, it interrogates the question of whether a policy of multicultural and legal pluralism protective of religious freedom can be reconciled with the rule of law, which in this context is closely associated with the quasi constitutional objective of preserving racial and religious harmony.

scholarly journals The Missionary Roots of Liberal Democracy

2012 ◽  
Vol 106 (2) ◽  
pp. 244-274 ◽  
Author(s):  
ROBERT D. WOODBERRY
Keyword(s):  
Latin America ◽  
Liberal Democracy ◽  
Instrumental Variable ◽  
Religious Liberty ◽  
Voluntary Organizations ◽  
Mass Education ◽  
Statistical Research ◽  
The World ◽  
Protestant Missions ◽  
The Impact

This article demonstrates historically and statistically that conversionary Protestants (CPs) heavily influenced the rise and spread of stable democracy around the world. It argues that CPs were a crucial catalyst initiating the development and spread of religious liberty, mass education, mass printing, newspapers, voluntary organizations, and colonial reforms, thereby creating the conditions that made stable democracy more likely. Statistically, the historic prevalence of Protestant missionaries explains about half the variation in democracy in Africa, Asia, Latin America and Oceania and removes the impact of most variables that dominate current statistical research about democracy. The association between Protestant missions and democracy is consistent in different continents and subsamples, and it is robust to more than 50 controls and to instrumental variable analyses.

scholarly journals Stosowanie przepisów o służebności przesyłu jako przykład prawa „stanu wyjątkowego”

2019 ◽  
pp. 5-14
Author(s):  
Arkadiusz Barut
Keyword(s):  
Separation Of Powers ◽  
Judith Butler ◽  
Case Law ◽  
Social Consequences ◽  
Pure Form ◽  
State Of Exception ◽  
Legal Rights ◽  
Legal Norms ◽  
The Creation ◽  
The Law

The subject of the article is an analysis of civil courts’ case law in terms formulated by Giorgio Agamben and Judith Butler, that is, in terms of law as a ‘state of exception’, a purely arbitrary practice that appears to be a parody of law. The author indicates aspects of such ‘law’: the blurring of the boundaries between the law and purely factual activities (in Agamben’s terminology: ‘life’), which may take the form of violence that no longer cares for its legitimacy or which reduces the law to ‘pure form’, that is, the creation and application of rules completely in abstract from their ethical evaluation and social consequences. In Foucault’s terminology, both these processes can be represented as a rebirth of sovereignty in the field of governmentality, the parody of the law being justified by the needs of population management, but in reality it is the result of a power’s strive for self-preservation. There are, as Butler defines, petty sovereigns who allegedly only quasi-technically apply the law articulated in full in the statute, and in fact act fully arbitrarily. One of their methods is to simulate the creation or application of law by taking away a particular meaning from words, in particular from legal concepts. The result is a departure from the idea of separation of powers and the postulate of empowerment of the addressee of legal norms, sometimes preserving the fiction of the latter’s agency as a kind of Agamben’s ‘pure form of law’. The author states that an example of such a process is the case law of the Polish Supreme Court and general courts regarding the possibility of acquisitive prescription of transmission easement by transmission companies. He indicates that the position that won in this case law completely deviates from the contents of the statute and the well-established understanding of civil law concepts, with the result of depriving property owners of their legal rights.

24. Citizenship of the European Union

EU Law ◽  
2020 ◽  
pp. 921-962
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
Case Law ◽  
European Court Of Justice ◽  
Free Movement ◽  
Legal Rights ◽  
Political Rights ◽  
The European Union ◽  
European Court ◽  
The Status ◽  
The Face ◽  
The Uk

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter reviews EU citizenship law. It considers the rights of free movement and residence of EU citizens, political rights of citizenship, and Directive 2004/38 on the rights of free movement and residence for EU citizens and their families. The status of EU citizenship created by EU law has been criticized on various grounds, including the thinness of the rights created and their economic focus, the conditions to which they are subject, the reinforcement of the distinction between third-country nationals and EU nationals, the limited impact of the new electoral rights, and the reluctant pace of implementation. On the other hand, the legal rights of citizenship have been expanded by the European Court of Justice, even in the face of vocal Member State opposition. The case law in this area continues to develop and the chapter provides a considered evaluation of this difficult body of law. The UK version contains a further section analysing issues concerning EU conceptions of citizenship and the UK post-Brexit.

24. Citizenship of the European Union

EU Law ◽  
2020 ◽  
pp. 889-928
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
Case Law ◽  
European Court Of Justice ◽  
Free Movement ◽  
Legal Rights ◽  
Political Rights ◽  
The European Union ◽  
European Court ◽  
The Status ◽  
The Face ◽  
The Uk

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter reviews EU citizenship law. It considers the rights of free movement and residence of EU citizens, political rights of citizenship, and Directive 2004/38 on the rights of free movement and residence for EU citizens and their families. The status of EU citizenship created by EU law has been criticized on various grounds, including the thinness of the rights created and their economic focus, the conditions to which they are subject, the reinforcement of the distinction between third-country nationals and EU nationals, the limited impact of the new electoral rights, and the reluctant pace of implementation. On the other hand, the legal rights of citizenship have been expanded by the European Court of Justice, even in the face of vocal Member State opposition. The case law in this area continues to develop and the chapter provides a considered evaluation of this difficult body of law. The UK version contains a further section analysing issues concerning EU conceptions of citizenship and the UK post-Brexit.

23. Citizenship of the European Union

2015 ◽  
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
Case Law ◽  
Free Movement ◽  
Legal Rights ◽  
Political Rights ◽  
The European Union ◽  
Court Of Justice ◽  
European Court ◽  
The Status ◽  
The Face ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter reviews EU citizenship law. It considers the rights of free movement and residence of EU citizens, political rights of citizenship, and Directive 2004/38 on the rights of free movement and residence for EU citizens and their families. The status of EU citizenship created by EU law has been criticized on various grounds, including the thinness of the rights created and their economic focus, the conditions to which they are subject, the reinforcement of the distinction between third-country nationals and EU nationals, the limited impact of the new electoral rights, and the reluctant pace of implementation. On the other hand, the legal rights of citizenship have been expanded by the European Court of Justice, even in the face of vocal Member State opposition. The case law in this area continues to develop and the chapter provides a considered evaluation of this difficult body of law.

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