dc.rights.license | In Copyright | en_US |
dc.creator | Payne, Joshua | |
dc.date.accessioned | 2013-12-10T15:46:49Z | |
dc.date.available | 2013-12-10T15:46:49Z | |
dc.date.created | 2008 | |
dc.identifier | WLURG38_Payne_POV_2008_wm | |
dc.identifier.uri | http://hdl.handle.net/11021/24220 | |
dc.description | Joshua Payne is a member of the Class of 2008 of Washington and Lee University School of Law. | en_US |
dc.description | Capstone; [FULL-TEXT FREELY AVAILABLE ONLINE] | en_US |
dc.description.abstract | In light of the tension between the individual's rights to equal treatment and to the protections of the civil law and the group's right to determine its rules of life, Professor Shachar concludes that it is possible for civil courts to recognize decisions of religious groups only if there is “an institutional design which equips [vulnerable group members] to dismantle the power hierarchies that put them at risk in the first place.” Shachar speaks of these “vulnerable group members” both as “individual[s]” and as “traditionally subordinated categories of members.” Thus the capability of the individual woman to assert her civil rights within the context of a religious group is viewed in the context of her ability to band together with other similarly situated women and bring about the “transformative accommodation” that Shachar outlines, and that will be addressed infra. Shachar points out that “‘accommodation'” could include the religious group having “exemption from certain laws” or allowing the religious group “some degree of autonomous jurisdiction over the group's members.” In short, “accommodation … aims to provide identity groups with the option to maintain their unique cultural and legal understanding of the world, or their nomos.” Providing “accommodation,” or deference, to religious groups can be seen as a way of empowering them with the liberty to determine for themselves what sort of group identity, or “nomos” they want to have. . . .
The Archbishop of Canterbury, Dr. Rowan Williams, recently echoed Shachar's call for some form of religious accommodation while recognizing that “there remains a great deal of uncertainty about what degree of accommodation the law of the land can and should give to minority communities with their own strongly entrenched legal and moral codes.” Dr. Williams cited as examples of religious accommodation actions the British government has already taken to provide Muslim and Jewish communities greater leeway in determining questions of family law and commercial transactions law and actions to provide for the religious consciences of Roman Catholic adoption agencies that may, otherwise unlawfully, discriminate against same-sex couples wishing to adopt. [From Introduction] | en_US |
dc.description.statementofresponsibility | Josh Payne | |
dc.format.extent | 27 pages | en_US |
dc.language.iso | en_US | en_US |
dc.rights | This material is made available for use in research, teaching, and private study, pursuant to U.S. Copyright law. The user assumes full responsibility for any use of the materials, including but not limited to, infringement of copyright and publication rights of reproduced materials. Any materials used should be fully credited with the source. | en_US |
dc.rights.uri | http://rightsstatements.org/vocab/InC/1.0/ | en_US |
dc.subject.other | Washington and Lee University, Shepherd Poverty Program | en_US |
dc.title | Taking Your Religion to Court: Exploring the Conflict Between the Capacity of the Individual to Fully Function Within the Family and the Capacity of the Religious Group to Define Itself | en_US |
dc.type | Text | en_US |
dcterms.isPartOf | RG38 - Student Papers | |
dc.rights.holder | Payne, Joshua | |
dc.subject.fast | Capabilities approach (Social sciences) | en_US |
dc.subject.fast | Religion and state | en_US |
dc.subject.fast | Religions | en_US |
dc.subject.fast | Sex discrimination | en_US |
dc.subject.fast | Justice | en_US |
dc.subject.fast | Conflict of laws | en_US |
local.department | Shepherd Poverty Program | en_US |
local.scholarshiptype | Capstone | en_US |