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The Inherence of Human Dignity: Law and Religious Liberty, Volume 2

Edited by Barry W. Bussey and Angus J. L. Menuge

For the 2019 IVR World Congress of Philosophy of Law meeting in Lucerne, Switzerland, Drs. Barry W. Bussey and Angus J. L. Menuge organized a special workshop on the inherence of human dignity, featuring participation from philosophers, legal scholars, and legal practitioners from around the world. Many of the chapters in these volumes are the result of that invigorating two-day workshop. In addition, several new papers were solicited to round out each volume so that it offers broad coverage of the issues it addresses.

The second volume, Law and Religious Liberty, explores the value of dignity as a foundation for law. It addresses the following questions. What context is necessary to create an understanding of the need to protect human dignity? Is dignity a useful legal concept or not? If it is, what difference does it make if dignity is recognized in a state’s constitution? Can we discover dignity by its de facto role in legal decisions? Should dignity be extended to groups? What are the practical, legal implications of various understandings of human dignity for international law, religious freedom cases and the permissibility of legal determination of religious doctrine?

Table Of Contents

Foreword, Heiner Bielefeldt

Table of cases

Introduction, Barry W. Bussey

Part I Dignity as Foundation of Law

Chapter One ‘Acts Which Have Outraged the Conscience of Humankind’, Clint Curle

Chapter Two Abstract Language and Invisible Associations: The Necessity for Clear Language to Maintain Genuine Rights and Freedoms, Iain T. Benson

Chapter Three Human Dignity as an Explicit Constitutional Norm, Katya Kozicki and William Soares Pugliese

Chapter Four Discovering Dignity in Adjudication: The Jurisprudence of the Court of Justice of the European Union, Andrea Pin

Chapter Five The New Dignity Jurisprudence: A Critique, Angus J. L. Menuge

Chapter Six Against Group Dignity: Contemporary Human Rights Instruments and Their Attributions of Dignity to Groups, Dwight Newman, QC

Part II Religious Liberty and Human Dignity

Chapter Seven Religious Liberty and the Human Good, Robert P. George

Chapter Eight Human Dignity Found in Religious Community, Barry W. Bussey

Chapter Nine What ‘Rule of Law’ Programs Need in the Twenty-First Century, Dallas K. Miller

Chapter Ten Balancing Competing Dignity Claims: Insights from the United Kingdom and Italy, Matteo Frau and Vito Breda

Chapter Eleven Trinity Western University and the Future of Conservative Religious Education, Greg Walsh

Chapter Twelve Sacrificing Dignity to Protect Dignity: Human Dignity and Exclusion Zones in Australia, Michael Quinlan

Chapter Thirteen Respecting the Dignity of Religious Organizations: When Is It Appropriate for Courts to Decide Religious Doctrine?, Neil Foster

Notes on Contributors

Index

Details

Book: 276 pages

Publication Language: English

Published: February 2021

Publisher: Anthem Press

ISBN: 9781785276552