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Volumn 36, Issue 3, 2010, Pages 395-411

Faith in law?: Diffusing tensions between diversity and equality

Author keywords

Gender; Identity; Neo liberalism; Privatized diversity; Religious jurisdiction; Religious minorities; Secular jurisdiction

Indexed keywords


EID: 77950680518     PISSN: 01914537     EISSN: 1461734X     Source Type: Journal    
DOI: 10.1177/0191453709358834     Document Type: Article
Times cited : (5)

References (22)
  • 1
    • 77950653340 scopus 로고    scopus 로고
    • note
    • In addressing these weighty issues, my departure point is a deep commit-ment toward respecting women's identity and membership interests, as well as promoting their equality both within and across communities. I am also guided by an understanding of culture and religion as amenable to change and open to a plurality of interpretations.
  • 2
    • 77950669075 scopus 로고    scopus 로고
    • note
    • The term 'citizenship rights' here applies to anyone who resides on the terri-tory, regardless of her or his formal membership status.
  • 3
    • 77950644658 scopus 로고    scopus 로고
    • note
    • [2007] 3 SCR 607.
  • 4
    • 77950654968 scopus 로고    scopus 로고
    • note
    • Even in France, which does not permit entry into marriage through the reli-gious route (only a civil marriage is visible to the eyes of the state), we find growing attention paid to the effects of religious marriage and divorce on women. The concern is this: if the parties have not married in a civil fashion but have entered a 'halâl marriage' in France, the state will not recognize the religious marriage and therefore cannot provide a divorce. Because there are no religious institutions to turn to, the wife can then remain trapped in an unsuccessful marriage, without an ability to free herself. See
  • 6
    • 77950658785 scopus 로고    scopus 로고
    • note
    • Related legal dilemmas can also arise for Roman Catholic couples in the context of a civil divorce. In certain cases, the Catholic Church has nullified the religious marriage bond so as to avoid the split-status situation. 6 For a critical discussion of the exit option, see
  • 7
    • 0141432110 scopus 로고    scopus 로고
    • "Mistresses of Their Own Destiny": Group Rights, Gender and Realistic Rights of Exit
    • January
    • S. M. Okin, '"Mistresses of Their Own Destiny": Group Rights, Gender and Realistic Rights of Exit', Ethics 112 (January 2002): 205-30.
    • (2002) Ethics , vol.112 , pp. 205-230
    • Okin, S.M.1
  • 8
    • 33846240459 scopus 로고    scopus 로고
    • Princeton, NJ and Oxford: Princeton University Press
    • A. Phillips, Multiculturalism Without Culture (Princeton, NJ and Oxford: Princeton University Press, 2007), pp. 133-57.
    • (2007) Multiculturalism Without Culture , pp. 133-157
    • Phillips, A.1
  • 9
    • 0008994017 scopus 로고    scopus 로고
    • Muslim Women and "Islamic Divorce" in England
    • Similar misconceptions are traced in England as well
    • Similar misconceptions are traced in England as well: Lucy Carroll, 'Muslim Women and "Islamic Divorce" in England', Journal of Muslim Minority Affairs 17 (1997): 97-115.
    • (1997) Journal of Muslim Minority Affairs , vol.17 , pp. 97-115
    • Lucy, C.1
  • 11
    • 57149108810 scopus 로고    scopus 로고
    • note
    • A similar distinction between the 'legal track' and 'citizen track' is found in a major report recently published in Quebec about the boundaries of reasonable accommodation: G. Bouchard and C. Taylor, Building the Future: A Time for Reconciliation, report (Quebec: Commission de Consultation sur les Pratiques d'Accommodement reliées aux Différences Culturelles, 2008).
    • (2008) Building the Future: A Time For Reconciliation
    • Bouchard, G.1    Taylor, C.2
  • 12
    • 77950677678 scopus 로고    scopus 로고
    • note
    • [2007] 3 SCR 607.
  • 13
    • 77950641389 scopus 로고    scopus 로고
    • note
    • ibid., [3], [92].
  • 14
    • 77950656878 scopus 로고    scopus 로고
    • The New Wall of Separation: Respecting Diver-sity, Prohibiting Competition
    • R. Hirschl and A. Shachar, 'The New Wall of Separation: Respecting Diver-sity, Prohibiting Competition', Cardozo Law Review 30 (2009): 2535-60.
    • (2009) Cardozo Law Review , vol.30 , pp. 2535-2560
    • Hirschl, R.1    Shachar, A.2
  • 15
    • 77950655244 scopus 로고    scopus 로고
    • note
    • The government adopted this solution with the enactment of the Family Statute Law Amendment Act 2005 (amending the Arbitration Act 1991) and the subsequent regulations that followed in 2007: Family Arbitration, O Reg 134/07 (Ontario).
  • 17
    • 84923645735 scopus 로고    scopus 로고
    • In Pursuit of Religious and Legal Diversity: A Reply to the Arch-bishop of Canterbury and the "Sharia Debate" in Britain
    • September
    • S. Bano, 'In Pursuit of Religious and Legal Diversity: a Reply to the Arch-bishop of Canterbury and the "Sharia Debate" in Britain', Ecclesiastical Law Journal 10 (September 2008): 283-309.
    • (2008) Ecclesiastical Law Journal , vol.10 , pp. 283-309
    • Bano, S.1
  • 18
    • 77950668036 scopus 로고    scopus 로고
    • note
    • Presently, these non-state entities operate outside the official system of law in England and Wales - remaining 'non-existent' from the state's perspec-tive, notwithstanding the fact they operate within its territory and affect its citizens. This situation spells trouble for women and their hard-won equal-ity rights. Why? Because there is no guarantee that the unregulated religious councils will not try to extend their reach beyond pure status or demarcation decisions to certain 'ancillary' distributive issues, even where the latter have already been dealt with by civil courts. This concern is exacerbated, ironi-cally, where there is no regulation, coordination, or even mere knowledge of what occurs behind the closed doors of privatized-diversity institutions. This represents precisely the kind of deleterious situation that the regulated interaction approach seeks to prevent.
  • 19
    • 77950665004 scopus 로고    scopus 로고
    • note
    • E.g. the provisions (prior to its amendment in 2006) of the Arbitration Act, 1991 SO, ch 17, §§ 6, 19, 45-7.
  • 20
    • 84935117599 scopus 로고
    • Con-gressional Oversight Overlooked: Police Patrols versus Fire Alarms
    • These two models are described in, February
    • These two models are described in M. McCubbins and T. Schwartz, 'Con-gressional Oversight Overlooked: Police Patrols versus Fire Alarms', Ameri-can Journal of Political Science 29 (February 1984): 165-79.
    • (1984) Ameri-can Journal of Political Science , vol.29 , pp. 165-179
    • McCubbins, M.1    Schwartz, T.2
  • 21
    • 46849098031 scopus 로고    scopus 로고
    • Privatizing Diversity: A Cautionary Tale from Reli-gious Arbitration in Family Law
    • The distinction between ex ante and ex post regulation is addressed at greater length in
    • The distinction between ex ante and ex post regulation is addressed at greater length in A. Shachar, 'Privatizing Diversity: a Cautionary Tale from Reli-gious Arbitration in Family Law', Theoretical Inquiries in Law 9 (2008): 573-607.
    • (2008) Theoretical Inquiries In Law , vol.9 , pp. 573-607
    • Shachar, A.1
  • 22
    • 77950632824 scopus 로고    scopus 로고
    • note
    • Such a result is unattractive for religious authorities, which strive to provide distinct legal services that no other agency can offer, as well as for the indi-vidual who turns to this specialized forum in order to bring closure to a charged marital or family dispute that bears a religious aspect that simply cannot be fully addressed by the secular court system.


* 이 정보는 Elsevier사의 SCOPUS DB에서 KISTI가 분석하여 추출한 것입니다.