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The Courts and the Colonies
The Courts and the Colonies offers a detailed account of a protracted dispute arising within a Hutterite colony in Manitoba, when the Schmiedeleut leaders attempted to force the departure of a group that had been excommunicated but would not leave. This resulted in about a dozen lawsuits in both Canada and the United States between various Hutterite factions and colonies, and placed the issues of shunning, excommunication, legitimacy of leadership, and communal property rights before the secular courts. What is the story behind this extraordinary development in Hutterite history? How did the courts respond, and how did that outside (state) law relate to the traditional inside law of the Hutt...
Despotic Dominion
"This book brings together a variety of perspectives to provide a comprehensive analysis of the important issue of property rights, which continues to animate the body politic of Australia and Canada in particular. As such, it will be of interest to students and scholars of colonial history, property theory, indigenous studies, and law, as well as to judges, lawyers, and the inquisitive general reader."--BOOK JACKET.
Inside the Ark
The world's longest-lasting and most successful communal society, the Hutterites have a model of governance that has served them well for almost five hundred years. In the past the colony was an "ark," isolated from both the secular world and the host society. But today colonies face new challenges because of globalization and digital technologies and are losing much of their ability to exclude these influences from their lives. Based on extensive fieldwork with the Schmiedeleut branch of the Hutterites, the book includes the Conference Letters and Regulations, published for the first time in English translation, that provide invaluable insights into strategies for managing change.
Crime and Deviance in Canada
This unique and timely collection brings together 24 of the very best and most controversial readings on the history of crime, deviance and criminal justice in Canada. Divided into five sections, the first part of Crime and Deviance examines developing issues in crime and punishment while the second part introduces key aspects of a 'working criminal justice system'. Policing ethnicity is the focus of section three, which includes articles on the relocation phenomenon and the Africville study as well as Ontario Aboriginal women confronting the criminal justice system, 1920-1960. Similarly, regulating gender and sexuality, section four, examines moral reform in English Canada, 1885-1925; and a...
Business, Religion and the Law
This book investigates the intersection between business and religion from a legal perspective. Taking a fresh look at some of the most compelling literature in law and religion, it proposes a rethinking of what scholars on both sides of the Atlantic have dubbed “church autonomy” or, more recently, “corporate religious freedom”. The volume explores how, in the wake of a decade of US Supreme Court case law, corporate religious freedom is now increasingly being extended to protect the religious liberty of another corporate entity: the for-profit corporation. By exposing this shift from church to business autonomy in American law, it is argued that a similar narrative has also begun to ...
Law's Religion
Prevailing stories about law and religion place great faith in the capacity of legal multiculturalism, rights-based toleration, and conceptions of the secular to manage issues raised by religious difference. Yet the relationship between law and religion consistently proves more fraught than such accounts suggest. In Law’s Religion, Benjamin L. Berger knocks law from its perch above culture, arguing that liberal constitutionalism is an aspect of, not an answer to, the challenges of cultural pluralism. Berger urges an approach to the study of law and religion that focuses on the experience of law as a potent cultural force. Based on a close reading of Canadian jurisprudence, but relevant to all liberal legal orders, this book explores the nature and limits of legal tolerance and shows how constitutional law’s understanding of religion shapes religious freedom. Rather than calling for legal reform, Law’s Religion invites us to rethink the ethics, virtues, and practices of adjudication in matters of religious difference.
Law and Religious Pluralism in Canada
Law and Religious Pluralism in Canada seeks to elucidate the complex and often uneasy relationship between law and religion in democracies committed both to equal citizenship and religious pluralism. Leading socio-legal scholars consider the role of religious values in public decision making, government support for religious practices, and the restriction and accommodation by government of minority religious practices. They examine such current issues as the legal recognition of sharia arbitration, the re-definition of civil marriage, and the accommodation of religious practice in the public sphere.
State Neutrality
O'Halloran provides a comparative evaluation of contemporary law as it relates to religion in six developed nations.
Post-Liberal Religious Liberty
A radically theological-political account of religious liberty, challenging secularisation narratives and liberal egalitarian arguments.
Mennonites, Politics, and Peoplehood
Mennonites and their forebears are usually thought to be a people with little interest or involvement in politics. Mennonites, Politics, and Peoplehood reveals that since their early history, Mennonites have, in fact, been active participants in worldly politics. From western to eastern Europe and through different migrations to North America, James Urry’s meticulous research traces Mennonite links with kingdoms, empires, republics, and democratic nations in the context of peace, war, and revolution. He stresses a degree of Mennonite involvement in politics not previously discussed in literature, including Mennonite participation in constitutional reform and party politics, and shows the p...
