{"title":"Prelates, Property, and Prejudice: Vindicating the Legal Tenancy Rights of a Muslim-Run Restaurant in Kenya’s Catholic Headquarters","authors":"B. Yk","doi":"10.1093/ojlr/rwaa001","DOIUrl":"https://doi.org/10.1093/ojlr/rwaa001","url":null,"abstract":"","PeriodicalId":44058,"journal":{"name":"Oxford Journal of Law and Religion","volume":"9 1","pages":"179-192"},"PeriodicalIF":0.6,"publicationDate":"2020-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/ojlr/rwaa001","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41754005","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Withdrawn as Duplicate: The Supreme Courts’ Icing on the Trans-Atlantic Cakes","authors":"R. Ahdar, Jessica W. Giles","doi":"10.1093/ojlr/rwaa003","DOIUrl":"https://doi.org/10.1093/ojlr/rwaa003","url":null,"abstract":"","PeriodicalId":44058,"journal":{"name":"Oxford Journal of Law and Religion","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2020-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/ojlr/rwaa003","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42286936","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article focuses on the rise of corporate religious freedom in EU law. In general, this legal category might be associated with not only a positive dimension (corporate freedom of religion) but also with a negative one (corporate freedom from religion). The present article centres around the latter, underscoring how the CJEU has taken for granted the necessity of neutrality within the private business world in reaching a decision in the case of Achbita v G4S Secure Solutions. And, in addition, to highlight how churches (but also the Belgian branch of a provider of secure global logistic services) can discriminate on religious grounds under Directive 2000/78EC. This article explains how the judicial extension of conscience exemptions from non-discrimination laws for religious institutions to a secular for-profit corporation has signalled a new ‘religious institutionalism’ in tension with employment and human rights law. Accordingly, if that is how secular commercial businesses have become ‘religious’ under the EU Single Market, this article calls for a new approach to employer/employees conflicts through a ‘freedom of the church’ analysis.
{"title":"Religious Freedom, Inc: Business, Religion and the Law in the Secular Economy","authors":"Matteo Corsalini","doi":"10.1093/ojlr/rwaa008","DOIUrl":"https://doi.org/10.1093/ojlr/rwaa008","url":null,"abstract":"\u0000 This article focuses on the rise of corporate religious freedom in EU law. In general, this legal category might be associated with not only a positive dimension (corporate freedom of religion) but also with a negative one (corporate freedom from religion). The present article centres around the latter, underscoring how the CJEU has taken for granted the necessity of neutrality within the private business world in reaching a decision in the case of Achbita v G4S Secure Solutions. And, in addition, to highlight how churches (but also the Belgian branch of a provider of secure global logistic services) can discriminate on religious grounds under Directive 2000/78EC. This article explains how the judicial extension of conscience exemptions from non-discrimination laws for religious institutions to a secular for-profit corporation has signalled a new ‘religious institutionalism’ in tension with employment and human rights law. Accordingly, if that is how secular commercial businesses have become ‘religious’ under the EU Single Market, this article calls for a new approach to employer/employees conflicts through a ‘freedom of the church’ analysis.","PeriodicalId":44058,"journal":{"name":"Oxford Journal of Law and Religion","volume":"9 1","pages":"28-55"},"PeriodicalIF":0.6,"publicationDate":"2020-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/ojlr/rwaa008","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44739947","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Religious activity is a very sensitive area of government regulation in Kazakhstan. After some post-soviet years of liberalization, the government has decided to return to soviet-style relations with a large amount of attention on the control and supervision of religious areas. The Law ‘On Religious Activity and Religious Associations’ adopted in 2011 was the result of such a decision. This article analyses the legal framework for religious activity, the model of relations between state and religious associations in modern Kazakhstan, the public attitude towards regulation in the religious field, the legal and social consequences of the adoption of current law, as well as the problems of its implementation and the government’s administration of religious activity in Kazakhstan. The author reaches the conclusion that more liberal legislation and law-enforcement practice is unlikely without changes in the political system, the public attitude towards religion and views on secularity.
{"title":"Legal framework for religious activity in post-Soviet Kazakhstan: from liberal to prohibitive approaches","authors":"R. Podoprigora","doi":"10.1093/ojlr/rwaa004","DOIUrl":"https://doi.org/10.1093/ojlr/rwaa004","url":null,"abstract":"\u0000 Religious activity is a very sensitive area of government regulation in Kazakhstan. After some post-soviet years of liberalization, the government has decided to return to soviet-style relations with a large amount of attention on the control and supervision of religious areas. The Law ‘On Religious Activity and Religious Associations’ adopted in 2011 was the result of such a decision. This article analyses the legal framework for religious activity, the model of relations between state and religious associations in modern Kazakhstan, the public attitude towards regulation in the religious field, the legal and social consequences of the adoption of current law, as well as the problems of its implementation and the government’s administration of religious activity in Kazakhstan. The author reaches the conclusion that more liberal legislation and law-enforcement practice is unlikely without changes in the political system, the public attitude towards religion and views on secularity.","PeriodicalId":44058,"journal":{"name":"Oxford Journal of Law and Religion","volume":"9 1","pages":"105-131"},"PeriodicalIF":0.6,"publicationDate":"2020-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/ojlr/rwaa004","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46356727","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Research Handbook on Law and Religion. By Rex Ahdar (ed.)","authors":"J. Rivers","doi":"10.1093/OJLR/RWZ001","DOIUrl":"https://doi.org/10.1093/OJLR/RWZ001","url":null,"abstract":"","PeriodicalId":44058,"journal":{"name":"Oxford Journal of Law and Religion","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2019-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/OJLR/RWZ001","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43000272","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"L’État et les religions en France. Une sociologie historique de la laïcité. By Philippe Portier","authors":"M. Saporiti","doi":"10.1093/OJLR/RWY054","DOIUrl":"https://doi.org/10.1093/OJLR/RWY054","url":null,"abstract":"","PeriodicalId":44058,"journal":{"name":"Oxford Journal of Law and Religion","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2019-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/OJLR/RWY054","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48424176","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
John Calvin (1509–64), a central figure in Reformed theology, is perhaps best known for his bleak doctrine of total human depravity. This dismal view of human reason has commonly overshadowed his statement that ‘some sparks still shine’. This article proposes that Calvin’s account of conscience, by conserving an illuminated space in human nature, makes possible a formal doctrine of natural law. Calvin enlists the interconnectedness between the knowledge of God and human reason to frame his anthropology. According to this, human reason was originally created to perfectly access knowledge of God but after the Fall, can only attain imperfect access. Within this broader framework, by adopting a dialectic of dual perspectives, Calvin maintains that, however fallen, human nature still partially reflects the Imago Dei as first intended. As through a glass darkly, this divine image is reflected in human conscience endowing it with sufficient knowledge for moral discernment. Calvin’s emphasis on ‘common grace’ in the preservation of this knowledge allows him to simultaneously maintain human ignorance and their universal accountability to objective norms. In this way, Calvin’s account of conscience enables him to hold both apparent extremes in tension: the immanent fallibility of human beings with the external normative standards they ought to pursue.
{"title":"The Spark That Still Shines: John Calvin on Conscience and Natural Law","authors":"C. Lee","doi":"10.1093/ojlr/rwz023","DOIUrl":"https://doi.org/10.1093/ojlr/rwz023","url":null,"abstract":"\u0000 John Calvin (1509–64), a central figure in Reformed theology, is perhaps best known for his bleak doctrine of total human depravity. This dismal view of human reason has commonly overshadowed his statement that ‘some sparks still shine’. This article proposes that Calvin’s account of conscience, by conserving an illuminated space in human nature, makes possible a formal doctrine of natural law. Calvin enlists the interconnectedness between the knowledge of God and human reason to frame his anthropology. According to this, human reason was originally created to perfectly access knowledge of God but after the Fall, can only attain imperfect access. Within this broader framework, by adopting a dialectic of dual perspectives, Calvin maintains that, however fallen, human nature still partially reflects the Imago Dei as first intended. As through a glass darkly, this divine image is reflected in human conscience endowing it with sufficient knowledge for moral discernment. Calvin’s emphasis on ‘common grace’ in the preservation of this knowledge allows him to simultaneously maintain human ignorance and their universal accountability to objective norms. In this way, Calvin’s account of conscience enables him to hold both apparent extremes in tension: the immanent fallibility of human beings with the external normative standards they ought to pursue.","PeriodicalId":44058,"journal":{"name":"Oxford Journal of Law and Religion","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2019-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/ojlr/rwz023","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45755813","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The concept of ‘public order’, despite being common to almost every European legal system, is extremely difficult to grasp, as it suffers from a high degree of indeterminateness that makes it impossible to develop a universal definition. In constitutional law, public order traditionally serves as a limit to fundamental rights. The article argues that globalization and the advent of the multicultural State kickstarted a deep transformation in the meaning and scope of constitutional public order, with a growing tendency among European legislators and judiciaries to define it by resorting to extralegal concepts such as majoritarian ‘values’ and ‘ways of life’ to justify the ban of ‘unwanted’ minoritarian cultural practices (cases analysed include: face-veil; burqini; kirpan; swimming lessons). The article argues that constitutional public order should be re-anchored to a strictly legal dimension, preventing it from drifting towards the moral sphere (ethicization), which would enable a revival of assimilationist integration models.
{"title":"Ethicization of constitutional public order in the European multicultural State","authors":"Giovanni Cavaggion","doi":"10.1093/OJLR/RWZ021","DOIUrl":"https://doi.org/10.1093/OJLR/RWZ021","url":null,"abstract":"\u0000 The concept of ‘public order’, despite being common to almost every European legal system, is extremely difficult to grasp, as it suffers from a high degree of indeterminateness that makes it impossible to develop a universal definition. In constitutional law, public order traditionally serves as a limit to fundamental rights. The article argues that globalization and the advent of the multicultural State kickstarted a deep transformation in the meaning and scope of constitutional public order, with a growing tendency among European legislators and judiciaries to define it by resorting to extralegal concepts such as majoritarian ‘values’ and ‘ways of life’ to justify the ban of ‘unwanted’ minoritarian cultural practices (cases analysed include: face-veil; burqini; kirpan; swimming lessons). The article argues that constitutional public order should be re-anchored to a strictly legal dimension, preventing it from drifting towards the moral sphere (ethicization), which would enable a revival of assimilationist integration models.","PeriodicalId":44058,"journal":{"name":"Oxford Journal of Law and Religion","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2019-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/OJLR/RWZ021","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44016474","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Erratum to: An (Un) Exceptional Case: Strasbourg’s Court Reserved Nod to Religious Symbols in the Courtroom","authors":"Asim Jusic","doi":"10.1093/OJLR/RWZ009","DOIUrl":"https://doi.org/10.1093/OJLR/RWZ009","url":null,"abstract":"","PeriodicalId":44058,"journal":{"name":"Oxford Journal of Law and Religion","volume":"8 1","pages":"686-686"},"PeriodicalIF":0.6,"publicationDate":"2019-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44681585","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Law and Religion has rapidly developed as an academic sub-discipline in English and Welsh Law Schools in the 21st century amidst a significant amount of legislation, litigation, and public debate about religion. However, there are signs that this sub-discipline is becoming inward looking and stagnating. This article takes a step back and uses Niklas Luhmann’s social systems theory to explore how Law and Religion has developed as a sub-discipline. Bringing together Luhmann’s work on law and his work on religion, a systems theory of Law and Religion is developed for the first time. Deriving from but refining and developing social systems theory, the article argues that Law and Religion requires a radical rethink if it is to flourish as an area of study.
{"title":"A Systems Theory Re-Construction of Law and Religion","authors":"Russell Sandberg","doi":"10.1093/ojlr/rwz028","DOIUrl":"https://doi.org/10.1093/ojlr/rwz028","url":null,"abstract":"\u0000 Law and Religion has rapidly developed as an academic sub-discipline in English and Welsh Law Schools in the 21st century amidst a significant amount of legislation, litigation, and public debate about religion. However, there are signs that this sub-discipline is becoming inward looking and stagnating. This article takes a step back and uses Niklas Luhmann’s social systems theory to explore how Law and Religion has developed as a sub-discipline. Bringing together Luhmann’s work on law and his work on religion, a systems theory of Law and Religion is developed for the first time. Deriving from but refining and developing social systems theory, the article argues that Law and Religion requires a radical rethink if it is to flourish as an area of study.","PeriodicalId":44058,"journal":{"name":"Oxford Journal of Law and Religion","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2019-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/ojlr/rwz028","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44887533","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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