A Herbarium Note

Chamberlain, Edward B.

doi:10.1639/0007-2745(1919)22[39:ahn]2.0.co;2

Cited by 2 publications

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“…Although it concerned interestingly similar issues to TWU, in Chamberlain, by contrast, the claims of religion "lost" when tested against a legislative demand that public education be conducted on the basis of "strictly secular and non-sectarian principles." 60 Relying in part on the religious sentiments of a group of parents in the school district, the School Board had banned the use in Kindergarten-Grade 1 of books that depicted families headed by same-sex couples. The Court quashed this decision, making clear that the role of the Board as a public decision-maker and the role of individual parents were fundamentally different.…”

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confidence: 99%

The Cultural Limits of Legal Tolerance

Berger¹

2008

Can. J. Law Jurisprud.

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This article presents the argument that our understanding of the nature of the relationship between modern constitutionalism and religious difference has suffered with the success of the story of legal tolerance and multiculturalism. Taking up the Canadian case, in which the conventional narrative of legal multiculturalism has such purchase, this piece asks how the interaction of law and religion - and, in particular, the practices of legal tolerance - would look if we sought in earnest to understand law as a component, rather than a curator, of cultural diversity in modern liberal societies. Understanding the law as itself a cultural form forces us to think about the interaction of law and religion as an instance of cross-cultural encounter. Drawing from theoretical accounts of cross-cultural encounter and philosophical literature about the nature of toleration, and paying close attention to the shape of Canadian constitutional doctrine on religious freedom (law’s rules of cross-cultural engagement), this paper suggests that legal toleration is far less accommodative and far more assimilative than the conventional narrative lets on. Influential alternative theoretical accounts ultimately reproduce this dynamic because they similarly obscure the role of culture on both sides of the encounter of law and religion. Indeed, owing to the particular features of the culture of law’s rule, even the more thickly cultural "solutions" proposed in dialogic theory ultimately fail. In the end, this article exposes the very real cultural limits of legal tolerance.

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The Cultural Limits of Legal Tolerance

Berger¹

2008

Can. J. Law Jurisprud.

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“…The common position has The Nigerian government condemned the coup as "a gross violation" of the African Union Constitution. 276 President Joaquim Chissano of Mozambique, former chairman of the AU, likewise condemned the coup 277 and stated that the "sole purpose of any negotiation was to restore constitutional order to Sdo Tom6." 27 Secretary-General Annan also condemned the coup and called for the "unconditional restoration of constitutional order."…”

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Pro-democratic Intervention in Africa

Levitt

Africa : Mapping New Boundaries in International Law

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A Herbarium Note

Cited by 2 publications

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The Cultural Limits of Legal Tolerance

The Cultural Limits of Legal Tolerance

Pro-democratic Intervention in Africa

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