Religious Discrimination and Cultural Context: A Common Law Perspective

ISBN-13: 9781108423052 / Angielski / Twarda / 2017 / 566 str.

Kerry O'Halloran

Opis

Uses a comparative analysis of caselaw in leading common law nations to demonstrate how religious discrimination is culturally determined.

Recenzje

'This book is an intriguing and challenging assessment of the ability of the law to address the problem of religious discrimination in an increasingly multicultural society. In particular, O'Halloran explores the manner in which religion and culture are frequently intertwined in ways that often result in religious discrimination becoming a means of expressing cultural animus. The so-called 'culture wars' provide the backdrop for a study of the ways in which the moral arguments advanced by its various participants often merely serve as proxies for religious or cultural discrimination. The book contains an exhaustive survey of legal prohibitions against religious discrimination across the common law world that will prove invaluable to researchers in religion, human rights and comparative law. More importantly, O'Halloran shows that the common law has not yet developed the tools to address claims of discrimination where culture and religion are intertwined. This book is an important contribution to a debate that is sure to intensify as our society becomes ever more globalised in the years to come.' Matthew Harrington, Université de Montréal, Canada

Spis treści

Part I. Background: Introduction to Part I; 1. Identity, alienation and the law: the twentieth-century legacy; 2. Religion, culture and religious discrimination; Part II. Balancing Public and Private Interests: Introduction to Part II; 3. Religion: the public and the private; 4. The international framework and themes of religious discrimination; Part III. Contemporary Religious Discrimination in Common Law Jurisdictions: The Judicial Rulings: Introduction to Part III; 5. England; 6. Ireland; 7. The US; 8. Canada; 9. Australia; 10. New Zealand; Part IV. Religion and Discrimination: An Overview: Introduction to Part III; 11. Themes of jurisdictional commonality and difference; 12. Contexting religion, culture and discrimination; Conclusion.