In a religious plurality, the law has a fastidious task of treating religious groups equally – the State must not give a preferential treatment to one particular religion. But how feasible is this? If one accepts that religion should ever impact criminal law, which religion or religions should have an impact?
There have been calls for a Parliamentary inquiry into scale of Sharia law in the UK after the Law Society was ‘accused’ of promoting Islamic law. Although the particular areas of Sharia law currently being reviewed relate to private law (wills), imagine if the Sharia penal code were incorporated into English law? Wouldn’t other religions want to be accommodated in such an arrangement?
The idea of equality before the law is redolent of the Rule of Law doctrine. Dicey predicated:
“No man is above the law; every man and woman, whatever be his or her rank or condition, is subject to the ordinary law of the realm and amenable to the jurisdiction of the ordinary tribunals”.
While generally used to refer to government according to the law, it is submitted that this principle is germane to religious establishments.
In Wilkinson , the owner of a bed and breakfast had discriminated against a gay couple because of their sexual orientation under the Equality Act (Sexual Orientation) Regulations 2007 by refusing them accommodation...
... middle of paper ...
... and Blogs/ Newspaper articles
1) BBC ‘March through London to mark 20 years of women priests’
2) John Bingham, ‘Sharia Law in UK: calls for Parliamentary inquiry’ (The Telegraph, 23/03/2014)
3) Katharine Ramsland, ‘David Koresh: Millenial Violence – Crime Library
4) ‘Love free or die’ (The Economist, 19/04/2014) < http://www.economist.com/news/united-states/21600999-time-check-motel-new-hampshire-love-free-or-die> accessed 20/04/2014
5) Mike Parker-Pearson, ‘The Practice of Human Sacrifice’
Need Writing Help?
Get feedback on grammar, clarity, concision and logic instantly.Check your paper »
- Religion is intertwined with culture, economics, politics, and modern social relationships on every dimension. Whether you attend a cathedral, a synagogue, or a mosque, habitually, intermittently, or abstain entirely, you simply cannot escape religion. Culture and religion share a symbiotic relationship influencing clothes, hair, attitudes, tradition, child rearing, how we pray, when we pray, how often we pray, and what we wear when we pray. In the Islāmic faith the custom of a woman covering herself in a hijab, modest clothing which covers the hair, neck and ears, is inexorably entangled with the religion, when in fact, the custom comes from Shari law, and not from the Qur’an.... [tags: Religion]
894 words (2.6 pages)
- Religion is intertwined with culture, economics, politics, and modern social relationships on every level, whether you attend church habitually, or whether you are a casual bystander, you simply cannot escape religion. Culturally, religion affects at different levels and many religions have different levels of faith followers. Culture and religion share a symbiotic relationship that can influence clothes, hair, attitudes, tradition, child rearing, how we pray, when we pray, how often we pray, and what we wear when we pray.... [tags: Religion]
952 words (2.7 pages)
- ... Hart argues that we should not be constrained by the views of some on the premise, that if no one is being hurt in the process, then applying this to the issues in hand as long as no one is being forced to do something against their will. Then there should be no reason why not to legalise it. Whilst Devlin who was devoutly religious believed that these activates went against gods wishes and therefore were immoral and later when the laws were passed to be ignored. Although Devlin may have been biased on the idea of what religion thinks should be translated into the law, he did raise an argument that by allow certainly prostitution into society it would be detrimental to society and could... [tags: Morality, Law, Ethics, Religion]
1434 words (4.1 pages)
- ... All things considered, through time this conventional perspective has undergone many changes, resulting into the formation of a different standpoint. Evidently in America, during the 20th century, began the eminence of legal realism. Former to previous beliefs, this perception utterly diverges. Within this nature, the judge’s adjudication rejects deductive reasoning and is influenced by different considerations. As they are not said to outright follow laws, judges are given the power to change the law in a given situation with the help of materials of law.... [tags: Law, Judge, Common law, LAW]
1098 words (3.1 pages)
- Government and Religion: Praying in Public Schools One very important issue in the United States is the relationship of government and religion. Should there be any real entanglement between “Church and State” at all. In a letter to a Baptist minister, Thomas Jefferson stated that, “the whole American people which declared that their legislature should "make no law respecting an establishment of religion, or prohibiting the free exercise thereof, thus building a wall of separation between church and State.” (http://www.free2pray.info/Danbury.html).... [tags: Religion]
1575 words (4.5 pages)
- Are Wealthy People above the law. People with money think they have the ability to get away with their unlawful actions, to buy their freedom. In the show Law and Order: Special Victims Unit, in the episode “Wonderland”, Sarah Walsh was a victim of rape. She was unaware of who had raped her but eventually found out her rapist appeared to be one of her “friends” who was very wealthy. He had paid off his other victims to keep him away from the title of a criminal. Throughout the show, you can see the way people with money think about their position and the law.... [tags: Rape, War rape, Law, Police]
1417 words (4 pages)
- ... King was an activist and a membership leader in the Southern Christian Leadership Conference. He practiced non-violent demonstrations and sit ins that he would refer to as a plan of direct action. The reason for the demonstrations was the lack of support to dismantle segregation and have equality, such as the non-removal of racially motivated signs. What the minority wanted was for the authorities to address and confront the issues of racial injustices within the law. Instead the demonstration ended in the imprisonment of activists, including Dr.... [tags: Law, Sociology, Criminal justice, Crime]
1184 words (3.4 pages)
- ... Police departments don’t have have the manpower or resources to respond to every call for service so therefore, they can’t arrest everyone who has ever committed a crime and get them ready for prosecution (Goldstein, 1963). Police have to use discretion when making decisions about enforcing specific laws, allocating their time on duty, investigating which crimes, searching the right people and whether to arrest or detain people (Reid, 2006). Police discretion also allows officers to make their own decisions within the given time.... [tags: Police, Crime, Criminal law, Arrest]
1286 words (3.7 pages)
- Buddhism can be indirectly defined by using Ninian Smart’s Seven Dimensions of Religion. Ninian Smart pioneered the idea of secular religious study (Ninian Smart). In 1968, he tried to define religion by defining the shared “dimensions,” or properties, rather than creating a dictionary definition of the word. Initially, there was six dimensions, but in 1998, he updated the list to seven (Smart, Blackboard, Religion 100). The first dimension is ritual and practical, which are the practices directly involving a religion, such as prayer and weekly worship services.... [tags: rituals, doctrine, emotionals dimension, religion]
1389 words (4 pages)
- The place of religion in the public square is a debateable topic. In essence, the dispute centers on the fundamental question: should religious beliefs be excluded from consideration of public policy. That is to say, if society strongly believes that the state should not adopt or implement religious positions, views or policies; to what extent should religious ideologies or concepts be used to publicly support or oppose governmental actions. Or perhaps do religious beliefs and public policy make too dangerous a mixture to even consider.... [tags: Religion, Politics, Informative]
2887 words (8.2 pages)