Restrictions in Freedom of Religion in Malaysia: A Conceptual Analysis with Special Reference to the Law of Apostasy

2007 ◽  
Vol 4 (2) ◽  
Author(s):  
Mohamed Azam Mohamed Adil
Author(s):  
Liudmyla O. Fylypovych

The right to freedom of religion is enshrined in the Constitution of Ukraine and the Law of Ukraine on Freedom of Conscience and religious organizations. Article 35 of the Constitution of Ukraine states that this right includes the freedom to profess any religion or not to profess any, to freely send individually or collectively religious ceremonies, to conduct religious activities.


Figure 2.8: numbered format of extract 2 1 This is not a battle between the freedom of religion 2 and the freedom of the press; 3 two freedoms which we treasure greatly. 4 This is rather a battle of right and wrong. 5 Has the Daily Mail infringed the plaintiff’s right to a good, clean reputation, 6 or has the plaintiff Mr Orme in all the circumstances no right to any reputation at all in this case because of what he and his organisation have done and do? 7 Was the Daily Mail wrong about its allegations in its article? 8 Was it wrong about its allegations during this case? 9 Or was the plaintiff wrong; 10 was the plaintiff giving a false picture? 11 That is what it is, members of the jury, not a battle between freedom of the press and freedom of religion, 12 but a battle of right and wrong. Looking at Figure 2.8, above, the first two and last two sentences of the extract (lines 1, 2, 11 and 12) form a ‘sandwich’ comprising repetition of the main assertion that the case is not a battle between freedom of the press and freedom of religion. It is as if he is saying that the argument is so because ‘I say so, twice!’. Another example of repetition is found in the structure of the run of three rhetorical questions, both in terms of length and the use of amplification through alliteration: ‘was juxtaposed with wrong’ in lines 7, 8 and 9. The structure of the extract also demonstrates that the judge has the authority to impose that reading of events. For he says, in line 11, ‘This is what it is, members of the jury’. Who is the ‘we’ found in line 3? (a) Is it the royal ‘we’, symbolising the ultimate authority of the court? (b) Is it merely the judge? (c) Does it include judge and jury? ‘We’ is undeniably an inclusive term. It is suggested that, in this instance, the judge is talking in relation to the court and the law, as an official spokesman of the law. The choice of the word ‘battle’, as part of what turns out to be a continuing war metaphor which runs throughout the entire summing up, as a major organising theme that argument is war, is interesting. The word ‘fight’ or ‘skirmish’ is not chosen, but ‘battle’. The reference to battle puts the case ‘high up’ in a hierarchy of modes of physical fighting—for example skirmish, scrap, fight, battle. Battle denotes that opposing armies gather together with their greatest degree of strength to fight for as long as it takes for a clear victor. Of course, it is not unusual to find ‘fighting’ metaphors used to describe English trials. Because of their accusatorial nature (‘He did it judge.’ ‘No, he did it judge.’). Early in the history of English dispute resolution, trial by battle (a physical fight) was used to determine guilt and innocence as a perfectly acceptable alternative to trial by law.

2012 ◽  
pp. 39-39

Author(s):  
John O’Grady

The psychiatric expert witness in court acts at the interface between psychiatry and the law. This chapter explores the legal, ethical, and procedural frameworks for this work, with special reference to the criminal court in common law jurisdictions.


1996 ◽  
Vol 40 (1) ◽  
pp. 276-294
Author(s):  
Hans-Martin Pawlowski

AbstractTo answer the question about the Christian foundation of the law, we first have to look for the foundation of the law in general. The reason why we follow the law voluntarily is not the law and its legal sanctions, but our religion or philosophy of life. »Grundwerte« (basic values) or human rights offer no alternative foundation. Either they are part of the law - and not its foundation, or they are a particular philosophy of life beside others. The law of a pluralistic state that guarantees freedom of religion and belief, and, consequently, is religiously and ideologically neutral, cannot be based on a particular philosophy of life, religion, or denomination. Thus, this law has to be »right« in the eyes of every religious community living in this state. It is, therefore, not a Christian law with respect to its foundation, but the Christians have been leaving their mark on its contents.


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