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Law and Religion in a Secular Society

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Abstract:

Notwithstanding some voices that contend otherwise Great Britain is now a secular society. Personal religiosity is of consequence to some people but a faith in and allegiance to an institutionalised religion is now something that appeals only to a minority. That minority, however, still comprises a significant number of people. They ways in which it is organised vary. In some instances believers come together to form semi-autonomous communities. In some instances believers create their own pluralistic religious law that has greater significance for them than does state law. The question is how should a secular society through its law treat religion and religious belief? A largely liberal tradition has argued for tolerance of religious belief and for exemptions from normal legal restrictions in some instances for believers. For some, however, tolerance is not enough and a greater degree of respect needs to be accorded to believers and their communities. This paper will argue that whilst there needs to be more scrupulous consideration of the wishes of believers to ascertain whether their desires can be met by the legal system the legal system can respect only the believer’s rights to their views (and in many instances their practices) not the views themselves. Many religious communities feel themselves marginalised within modern society. There is nothing the law can or should do about this.
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Name: The Law and Society Association
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http://www.lawandsociety.org


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URL: http://citation.allacademic.com/meta/p236170_index.html
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MLA Citation:

Bradney, Anthony. "Law and Religion in a Secular Society" Paper presented at the annual meeting of the The Law and Society Association, Hilton Bonaventure, Montreal, Quebec, Canada, May 27, 2008 <Not Available>. 2013-05-06 <http://citation.allacademic.com/meta/p236170_index.html>

APA Citation:

Bradney, A. , 2008-05-27 "Law and Religion in a Secular Society" Paper presented at the annual meeting of the The Law and Society Association, Hilton Bonaventure, Montreal, Quebec, Canada <Not Available>. 2013-05-06 from http://citation.allacademic.com/meta/p236170_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: Notwithstanding some voices that contend otherwise Great Britain is now a secular society. Personal religiosity is of consequence to some people but a faith in and allegiance to an institutionalised religion is now something that appeals only to a minority. That minority, however, still comprises a significant number of people. They ways in which it is organised vary. In some instances believers come together to form semi-autonomous communities. In some instances believers create their own pluralistic religious law that has greater significance for them than does state law. The question is how should a secular society through its law treat religion and religious belief? A largely liberal tradition has argued for tolerance of religious belief and for exemptions from normal legal restrictions in some instances for believers. For some, however, tolerance is not enough and a greater degree of respect needs to be accorded to believers and their communities. This paper will argue that whilst there needs to be more scrupulous consideration of the wishes of believers to ascertain whether their desires can be met by the legal system the legal system can respect only the believer’s rights to their views (and in many instances their practices) not the views themselves. Many religious communities feel themselves marginalised within modern society. There is nothing the law can or should do about this.

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Religion and Secular Law in the Distributed Order of Modern Society


 
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