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Political Theory and the Volunteer: Lessons from Kahn's Ethnography of 'Our Unhappy Politics'
In: (2023) 24.4 German Law Journal [Forthcoming]
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Kent Roach Canadian Justice, Indigenous Injustice: The Gerald Stanley and Colten Boushie Case. Montreal & Kingston: McGill-Queen's University Press, 2019. 307 pp
In: Canadian journal of law and society: Revue canadienne de droit et société, Band 35, Heft 1, S. 137-142
ISSN: 1911-0227
Is State Neutrality Bad for Indigenous Religious Freedom?
In: in Jeffrey Hewitt, Beverly Jacobs, and Richard Moon, eds., Indigenous Spirituality and Religious Freedom (Toronto: University of Toronto Press, Forthcoming)
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What Humility Isn't: Responsibility and the Judicial Role
In: "What Humility Isn't: Responsibility and the Judicial Role" in Daniel Jutras and Marcus Moore, eds., The Chief: Essays in Honor of Chief Justice Beverley McLachlin (Forthcoming)
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Religious Freedom in Canada: A Crucible for Constitutionalism
In: "Religious Freedom in Canada: A Crucible for Constitutionalism" [2018] 1 Quaderni di Diritto e Politica Ecclesiastica 111-125
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Assessing Adler: The Weight of Constitutional History and the Future of Religious Freedom
In: "Assessing Adler: The Weight of Constitutional History and the Future of Religious Freedom" National Journal of Constitutional Law (2018 Forthcoming)
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Freedom of Religion
In: "Freedom of Religion" in Nathalie Des Rosiers, Patrick Macklem and Peter Oliver, eds., Oxford Handbook of the Canadian Constitution (Oxford: Oxford University Press, 2017) 755-776.
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Against Circumspection: Judges, Religious Symbols, and Signs of Moral Independence
In: in Benjamin L Berger and Richard Moon, eds., Religion and the Exercise of Public Authority (Oxford and Portland, OR: Hart Publishing, 2016).
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Sentencing and the Salience of Pain and Hope
In: Supreme Court Law Review (2d), Band 70
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Belonging to Law: Religious Difference, Secularism, and the Conditions of Civic Inclusion
In: Social & legal studies: an international journal, Band 24, Heft 1, S. 47-64
ISSN: 1461-7390
This article examines the appeal to law as the basis for civic identity and political belonging under conditions of religious diversity. Beginning by assessing the descriptive utility of the concept of 'secularism', the article argues that secularism is best approached as a repertoire of moves available in negotiating the relationship between religion and political authority, focusing then on one such move evident in the contemporary project of liberal secularism: the assertion, in the face of the challenges posed by religious diversity, that to belong to the political community means, above all else, to belong to law. This shift of 'obedience to the law' to the diagnostic center of civic belonging is explored by turning to two case studies drawn from the legal encounter with Islam in Canada: the debate over official recognition of Sharia law and controversies surrounding the niqab. Having assessed the implications that this move has for the understanding and management of religious difference, the article explains the attractiveness of this symbolic appeal to law – whereby law begins to stand as a kind of synecdoche for the secular state – and assesses the effect of this alignment of law and belonging on the politics of religious diversity.
Religious Diversity, Education, and the "Crisis" in State Neutrality
Education – and particularly public education – has become a crucible for the relationship between state and religious diversity, a principal site for contemporary debates about the meaning of secularism and the management of religious difference. This is so across a variety of national traditions, and despite wide differences in the historical and "emotional inheritances" surrounding the configuration of law, politics, and religion. Through an exploration of Hannah Arendt's thought about responsibility and freedom in education, this article works towards a better understanding of why education is such a crucial and fraught field in the modern encounter between religion and law. The article turns to the recent jurisprudence of the Supreme Court of Canada to draw out the implications of these ideas, arriving ultimately at a claim about the nature and limits of the concept of state neutrality.
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Constitutional Principles in Substantive Criminal Law
In: Oxford Handbook of Criminal Law, Markus D Dubber and Tatjana Hoernle, eds., Oxford: Oxford University Press, 2014.
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Poetry, Mercy, and the Phenomenology of Justice
In: Poets, Prophets, and Texts in Play: Studies in Biblical Poetry and Prophecy in Honour of Francis Landy, Ehud Ben Zvi, Claudia V Camp, David M Gunn and Aaron W Hughes, eds., London: T & T Clark, 2015.
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Religious Diversity, Education, and the "Crisis" in State Neutrality
In: Canadian journal of law and society: Revue canadienne de droit et société, Band 29, Heft 1, S. 103-122
ISSN: 1911-0227
Abstract
Education—and particularly public education—has become a crucible for the relationship between state and religious diversity, a principal site for contemporary debates about the meaning of secularism and the management of religious difference. This is so across a variety of national traditions, and despite wide differences in the historical and "emotional inheritances" surrounding the configuration of law, politics, and religion. Through an exploration of Hannah Arendt's thought about responsibility and freedom in education, this article works towards a better understanding of why education is such a crucial and fraught field in the modern encounter between religion and law. The article turns to the recent jurisprudence of the Supreme Court of Canada to draw out the implications of these ideas, arriving ultimately at a claim about the nature and limits of the concept of state neutrality.