Judging religion and judges religions

No. Panggil :	eja-21-0638
Nama Orang :	Kislowicz, Howard






Penerbitan :	[Place of publication not identified] : Cambridge - Crime, 2018

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Abstrak	In liberal democracies with religiously diverse populations, it would be surprising and trou bling if a judge relied on a religious text or precept to resolve a legal dispute. It would deeply offend principles of religious freedom if individuals were bound by judicial pronouncement to obey the dictates of a faith they do not share. However, some commentators have long claimed that a person s cultural worldview has an impact on the way they interpret laws and facts, and there is some empirical support for this claim. There is thus reason to expect that judges worldviews have some effect on their decision-making. I argue that when judges deliberately avoid engaging with their own moral perspectives, they may mask to themselves the impact that such perspectives have on their decisions. The alternative of explicit refer ence to religious sources in judicial decisions, however, is too problematic for the religious freedom of legal subjects. I argue that judges should instead endeavor to be conscious of the inuence their backgrounds have on their decision-making, but suggest that judicial institu tions may be resistant to adopting practices that would support such an approach. The arti cle draws on Canadian and American case law to demonstrate its argument but has wider applicability to liberal states.
Entri Tambahan Nama Orang
001 Hak Akses (open/membership)	membership
Kata Kunci	judicial decision-making, religious freedom, judicial psychology, religious diversity, public reason
ISSN
Tahun Terbit	2018
No. Induk	eja-21-0638
Entri Sumber Data	Cambridge - Crime
Entri Utama Nama orang	Kislowicz, Howard
Volume, Nomor, Tahun dan Hlm.	vol. 33, no. 1, p. 42-60
Entri Utama Nama Badan
Barcode	eja-21-0638
Subjek Topik
Judul Utama	Judging religion and judges religions
Kode Bahasa	eng
Sumber Koleksi	Perpustakaan Nasional