R v NS

Author(s):  
Kevin Vallier ◽  
Michael Weber

This article critically evaluates a court decision that rejected a request of a witness donning the Islamic full veil known as the niqab to allow her religious exemption from a rule requiring access to witnesses’ demeanor during a court appearance and testimony. Through evaluating the justices’ competing arguments, the article explores the question of religious exemptions in a liberal society. It considers different aspects of the question such as equality, personal choice, religious freedom, and the liberal commitment to public reason. Finally, the article articulates and defends a novel principle for adjudicating requests for religious exemptions. It proposes a “meaningful choice to practice one’s religion” principle.

EMPIRISMA ◽  
2008 ◽  
Vol 27 (2) ◽  
Author(s):  
R. Vibekehh N. Demaisip Bat-og

This paper presents a critical appraisal on John Rawls’ philosophy of public reason which presents some ambiguous and problematic issues that must be recognized and properly dealt with. There are three main objectives set forth in this paper. First, this presents key concepts of John Rawls’ idea of public reason as a means of dealing with different religious comprehensive doctrines that is in a way, beneficial to the interest of the state, second, this paper makes a philosophical and theoretical analysis of John Rawls’ idea of public reason, and third, this shows and illustrates some concrete examples of how John Rawls’ idea of public reason as a solution to conflicting religious comprehensive doctrines can appear rather problematic.Keywords: Religious Freedom, Democratic and Pluralistic Society, John Rawls


Author(s):  
Ahdar Rex ◽  
Leigh Ian

This chapter discusses liberal political thought and its understanding and treatment of religion. Section II begins by briefly outlining the nature and character of liberalism. The premise is that liberalism is the principal philosophical foundation for law in modern liberal democracy. Our contemporary notions of ‘religious freedom’ are ones that have been indubitably shaped by liberal attitudes to religion, faith communities, and the call of conscience. The chapter then turns to the liberal claim of neutrality between competing conceptions of the good life. Is liberalism as impartial as it purports to be? What does state neutrality towards religion in practice actually require? This chapter also examines the privatization of religious (and other) beliefs in a liberal polity, and considers a leading liberal litmus test for public policy — John Rawls' concept of ‘public reason’. Section III analyses the principal secular liberal justifications for religious freedom. It argues that unless we know why religious liberty is worth protecting, our ability to deal with new and increasingly insistent faith-based claims for legal recognition and protection will be hampered.


Res Publica ◽  
2019 ◽  
Vol 25 (4) ◽  
pp. 463-474
Author(s):  
Lea Ypi

Abstract Matteo Bonotti’s book on Partisanship and Public Reason in Diverse Societies is grounded on a theory of partisanship that sees the demands of public reason as internal to the very definition of a party. Bonotti suggests that partisanship is not only compatible with but essential to the stability and legitimacy of a well-ordered liberal society. My paper aims to raise some questions internal to the liberal account of partisanship so as to probe the methodological foundations and plausibility of the liberal framework taken as a whole. My argument is that the assumption of a sufficiently just liberal society on which the book grounds its defence of partisanship makes us ill-equipped to face some of the most critical challenges that liberal societies face in the world that we live.


1995 ◽  
Vol 7 (3-4) ◽  
pp. 309-327
Author(s):  
Jack E. Call ◽  
Charles Samarkos

In November of 1993, the Religious Freedom Restoration Act (RFRA) was signed into law by the President. Its purpose was to overrule a 1990 Supreme Court decision and require government to satisfy a compelling interest test when its laws or actions place a substantial burden on an individual's exercise of personal religious beliefs. This article explores the impact of RFRA on prisons and jails. Since there was a failed effort in Congress to exempt prisons and jails from the strictures of RFRA, there is no question that RFRA applies to these institutions. The article begins by explaining the law on the free exercise of religion prior to RFRA. Then the provisions of RFRA and its legislative history are explored briefly. An assessment is made of the likely effect of RFRA on prisons and jails and its constitutionality. The article concludes with a recommendation for amending RFRA designed to insure that the free exercise rights of inmates are adequately protected, while not unduly hampering the ability of corrections administrators to run their prisons and jails safely and efficiently.


2020 ◽  
Vol 1 (2) ◽  
pp. 133-138
Author(s):  
I Putu Wina Wirawan ◽  
I NYOMAN PUTU BUDIARTHA ◽  
NI MADE PUSPASUTARI UJIANTI

Marriage is a sacred bond because in that marriage bond there are not only physical and mental bonds but also spiritual bonds based on God Almighty. A lawsuit divorce is the breaking of the husband and wife ties, in which case the wife is the one who filed a divorce suit against the husband. This study aims to determine why religious differences can be used as an excuse for a legal divorce in the Badung religious court and to find out the judges' considerations in cases at the Badung religious court. The type of research used in this research is Empirical Legal Research, which is taken based on facts that occur in the field, which are obtained through explanations from informants and studied with real legal attitudes or in accordance with life in society. The result of this research is that religious differences are used as the reason for a legal divorce in the Badung religious court in fact the marriage law and its implementing regulations do not regulate religious conversion (murtad) as the reason for breaking up a marriage because the State of Indonesia adheres to the principle of religious freedom. However, the KHI in Article 116 letter (k) states one of the reasons for divorce, namely when one of the parties leaves the religion (murtad). 2) The considerations of the panel of judges in a sue divorce case at the Badung religious court already have strong considerations and reasons to be used as a basis for making a decision, such as in the case decision Number 0166 / Pdt.G / 2017 / PA.Bdg. So it can be concluded that Divorce is only said to be valid after a court decision has permanent legal force, and the Panel of Judges in adjudicating a proposed divorce case must know clearly the facts that cause religious conversion.


Author(s):  
Peter Jones

Religious exemptions are frequently justified as exercises in distributive justice. This chapter examines that view, using a distinction between two types of distribuend: (a) religious freedom and (b) access to non-religious goods, an access that may be diminished for some because they hold religious beliefs. Exemptions required by indirect religious discrimination law are concerned with (b) and are primarily exercises in distributive justice, although not in a simple egalitarian form. Those required by human rights law are concerned with (a) and turn on the make-up of the distribuend rather than its distribution. Exemptions granted specifically and directly by law, such as those granted to Sikhs in relation to kirpans and safety helmets, should be understood as exercises in adhockery rather than distributive justice.


Author(s):  
Sonia Sikka

There are many versions of liberalism, but it would be uncontroversial to say that they agree in placing a premium on individual liberty. As a political paradigm, liberalism is committed to protecting the freedom of persons to live and think as they choose without interference from the state, provided they do no harm to others. This fundamental commitment underlies the classical liberal arguments for religious liberty and toleration articulated by John Locke and J. S. Mill. It forms the basis for legal provisions guaranteeing freedom of religious belief, worship, and expression in liberal democratic nations, as well as the principle of non-establishment, which prohibits the state from favoring any religion or from favoring religion over nonbelief. The formulation of these two principles, religious freedom and nonestablishment, requires that the spheres of the secular and the sacred be distinguished in order to institute a particular relation between them. Questions have been raised about the validity and universality of this distinction, as well as its implications for the place of religion within political life. In contemporary political theory, the topic of public reason has been especially prominent, the point of contention being whether and how religious discourse may be allowed in political reasoning. Balancing religious freedom against other fundamental liberal rights poses another difficulty in cases where the beliefs and practices of religious individuals and communities come into conflict with general laws or compromise equality, another central liberal value. Sometimes social and political judgments about such cases seem to apply a double standard to the religious practices of certain minorities, moreover, and to reflect an element of cultural racism. This is arguably true of attitudes and decisions in Western countries regarding the hijab and other types of veils worn by Muslim women. Applying liberal principles for regulating religion in a fashion that is genuinely neutral and impartial remains a challenge. Indeed, some argue that there is no way of defining “religion” for the requisite purposes without privileging certain forms of it. If so, liberal efforts to protect religious freedom may end up enforcing varieties of religious establishment.


Author(s):  
Christie Hartley

This chapter considers whether political liberals can and should recognize and support legal marriage as a matter of basic justice. A general account of how political liberals should evaluate the issue of legal marriage as matter of basic justice is offered. It is argued that, in certain conditions, the recognition of some form of legal marriage may be the best way to protect the fundamental interests of women as equal citizens in freely chosen associations. Or it may be that, in certain conditions, to secure the social conditions necessary for gays, lesbians, and bisexuals to be free and equal citizens, some form of legal marriage can or should be recognized. It is claimed that an underappreciated point about political liberalism is that the particular institutions that are justifiable or required as a matter of basic justice depend in part on the conditions of a particular politically liberal society. political liberalism, public reason, marriage, marriage contracts, sex equality, feminism, polygamy, monogamy


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