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Table of contents

Shomer comes from the root 'to In what follows I will offer initial reflections about the peculiar intuitions or guard'.

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One guards Shabbat. The injunction against work includes rule, identifying ways in which each might have implications for the shape a prohibition on carrying items outside one's home.

In a modem urban life, this and nature of religious freedom and establishment. In each section I will offer prohibition poses certain serious limitations - one would be prevented from examples drawn from the Canadian law on religious freedom that suggest the pushing a stroller, from carrying medication, or even from bringing keys outside potency of these basic intuitions and, with it, the potential importance of a study the home in order to lock the door when one goes to synagogue on Shabbat or of the aesthetics of religious freedom.

The eruv has served as the solution to this halachic legal conundrum. The eruv is a barely visible wire erected in Jewish communities to extend symbolically the spccial space of the home across lanes 'and sidewalks, common areas and public spaces, turning them into a metaphorical extension of the home.! See, for example, Thomas E. The City took they subject? The question matters because, as Kant and Cassirer suggest, space is these steps pursuant to its 'duty to maintain the public domain accessible to all one of those framing intuitions that conditions the manner in which a culture will residents of Outremont on the same basis and without distinction'.

The developing critical geographical literature made by the parties supporting the removal of the eruvin was that 'the erection of has similarly emphasized the role of spatial understandings and metaphors as eruvin involuntarily place non-members ofthe Orthodox Jewish faith within what foundational aspects of how both individuals and cultures interpret and understand amounts to a religious enclave with which they do not wish to be associated'.

In this sense, these conceptions of space 'are significant cultural artifacts of a The Court found that the City had a supervening public authority to regulate the rather special kind'. And as a component of the legal way of 'world- called a succah, for the eight-day festival of Succot.

Jewish law and tradition making', the imprint of this spatial logic will also be seen in the law's treatment requires that one eat meals and dwell as much as possible in the succah for the of religion and claims of religious freedom, an imprint that I am describing as one duration of this holiday.

The succah is a compendious reminder of this journey, of the space of authorities within the legal world. As Valverde puts it, 'the governance of legal freedom, of the sacrality of home and of the promise of a homeland. These persons and topics - its function in organizing and interpreting territorial or bylaws prohibited alterations to the external appearance of the building and the spatial relations is what interests me here.

Jurisdiction is 'a way of spealdng and erection of structures in the communal spaces of the condominium. A negotiation between the Jewish residents and the building management ensued, with a compromise found for many of the residents: a single communal succah would 23 Syndicat Northcrest v.

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Amselem, [] 2 S. See agree to this, however, convinced as they were that each of them was under an also Nicholas Blomley, Law, Space and the Geographies of Power New York: Guilford obligation to have a personal succah and tillsatisfied with a common succah that Press, ; Wesley Pue, 'Wrestling with Law: Geographical Specificity V. Legal Abstraction', Urban Geography 11 : ; Kai Raustiala, 'The Geography of Justice', would require them to carry items through common space during the holiday Fordham Law Review 73 : Despite having signed the condominium bylaws 25 Delaney, Territory, The experience of the social space of the law that shapes one's rights and entitlements within that sphere and, with this, one's is.

Space matters to the law social relations with other subjects. To interpret and negotiate space through the precisely inasmuch as it is called upon to answer the question: 'who has authority legal idea of property involves internalizing a particular range of power relations or jurisdiction here, and over what?

These borders are not just that make the world unfold this way, rather than that way', providing 'hegemonic or even principally physical; rather, they are aspects ofthe legal imagination that categories through which social life is ordered'. Cases concerning the traditions have suggested, cultural understandings of space that differ from those extraterritorial reach of even our most fundamental legal principles - in Canada, found in the Western legal tradition can engender very different social relations the extraterritorial impact of the CharteYJl - are such fraught questions precisely and political formations.

The same play of space and authority can be' seen in a cultural formation, uses spatial and territorial conceptions to constitute a social Canada's internal federal organization. The constitution in all senses of the word and political world.

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The great spatial question of federalism is whether of legal culture, the division of the world into private and public domains is of a matter is intra vires a province or a matter of federal regulation. Again, the utmost importance. This distinction is, of course, '[0]ne ofthe most consequential lines on the political map of Canada are symbolic markers for the boundaries of of categorical boundaries relating to the spatial order of property',38 dividing the legitimate authority. This is not to say that these lines aren't real; it is, instead, to world into two spheres of ownership: public and private.

Much ink has been spilled emphasize that, as Ford puts it, 'they are constantly being made real'32 through on the centrality ofthis division to the liberal rule oflaw and some of it has explored the range of practices of authority that take place within the culture of law's rule. Yet law's fealty to a manageable and real so literal, cartographic and largely writ. Indeed, as Delaney observes, 'the micro- distinction between the private and public is deep, an artefact of the contemporary territories of everyday life may be more significant - or at least more noticeable, constitutional rule oflaw's relationship to liberal political culture; as Blomley puts than the macro-territories of global politics '33 and the legal imagination has much it, this distinction is 'one of the crucial axes ofliberallegalism'.

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Like all other territorial imaginations, legal private is protected space, the space in which interest and preference can guide space 'is as much a metaphysical phenomenon as a material one',34 implicating conduct and, most crucially, the space over which the state has the weakest claim to basic ontological questions that help to constitute political and social relations authority.

The public, by contrast, is the domain of state power and, concomitantly, within the culture of law. Perhaps the most potent example of this ontological governed by the demands of public reason over personal interest or preference. One law's rule, any partiCUlar space appears first of all as property'.

It involves the legal parcelling of authority over space and objects in space. Khadr, [J 2 S. Democracy', The eruv was a the privacy enjoyed in one's personal space - be it the hyper-private space ofthe problem for the law and for the City of Outremont because it sought to destabilize body or the hallowed territory of the home. The ambit of authority. In disrupting this border, the eruv challenged the liberal commitment freedom of expression will differ vastly as between one's home, a public school, to the privatization of religion, by evidencing a spilling-over of private religion a private school, a park, a legislature and an airport.

These differences can all be into public spaces. In her assessment of debates about the eruv in one London traced to varying conceptions of the nature and locus of authority exercised in neighborhood, Davina Cooper traces community hostility to the fact that the each of these spaces. This is the aesthetics of religious freedom at play. Resolving the of the rule of law imprint on the management and analysis of issues of religious religious freedom question would require recognizing the impossibility of drawing fi:eedom.

In this way it is possible to spealc of a spatial aesthetics of religious lines between private and public, the realm of government authority and that of fi:eedom. In supporting this assertion, one temptation would be simply to invoke religious expression. The limit of a court's ability to reconcile a religious practice broad claims about the nature of space in religion and to show an inherent conflict within legal space is one boundary of religious freedom. One might, for example, invoke Eliade and claim that, for religion, discussed above,47 displays a similar dynamic.

Quite simply, the matter would not space is understood in terms of the sacred and the profane,43 a meaningful way of have been of constitutional or legal moment were it not for the transgression of dividing up the world that is simply missed iflaw approaches space as a matter of law's spatial aesthetics. Had Mr Amselem enjoyed a fee simple property interest jurisdictional authority. It is no doubt true that many religions will find the sacred! Where this is there would have been no legal issue because Mr Amselem's r.

Yet such sweeping claims on the religious rule of law.

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As a purely private expression, there would be no issue of religious side are not, ultimately, terribly edifying. My purpose is instead to suggest that freedom. The fact that the balcony had a public - or at least, communal- quality the law of religious freedom has an aesthetic component peculiar to it that - quite is what lent the erection of the succah spatial relevance for the law, creating a apart from any particular doctrinal development or argument about the just in a constitutional issue.

As with the eruv, the matter would tum on the Court's ability given case - shapes the way in which such issues will be discussed and draws to reconcile public or 'collective' authority over this space with private interests; out particular temlS as the salient terms for discussing freedom of religion. One the case was ultimately about the management of spatial authority.

The case of Chamberlain v.

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Surrey School District No. Feeney, []2 S. Patrick, []1 S. The Supreme guaranteed the right of Roman Catholics in French Canada to carry on the Court of Canada quashed this decision on the ground that the School Board had practice of their religion. The Quebec Act of, another crucia11ega1 step in the failed to comply with the admonition in the legislation that all public schools be development of the Canadian state, included similar provisions providing special administered on 'strictly secular and non-sectarian principles'.

With Confederation in , be fruitfully analysed as a case about the concept of the secular and the demands the modem Canadian state took form. The nation's first constitution, the British of public reason. Also included in the BNA Act which proposition that, prior to the development of further conceptions and propositions would later be renamed the Constitution Act, was section 93, a provision about phenomena, we had to receive or perceive these phenomena in an organizing that gave authority to the provinces to legislate in respect of education.

Yet this structure. Time and space were the constituent elements of this structure. How, provision also carried forward the tradition of affording legally distinct status to then, were the events in Chamberlain received by the law? His dissertation and subsequent book The Evolution of Atheism explored the ideological characteristics of the New Atheism and its social movement manifestations.

His current research interests include the politics of the secular movement, and the religious qualities of some forms of atheism and scientism, particularly with regard to the idea of evolution. His research focuses on transnational theologico-political movements, welfare regimes, philanthropy, diaspora, violence and religion in Southeast Asia.

His interests include the democratization process, social policy issues, identity politics, ethnicity and governance, as well as religion and the state in Southeast Asia. Marion Maddox specialises in religion and politics. Damon Mayrl works in the areas of comparative-historical sociology, the sociology of religion, and political sociology. He has a particular interest in understanding how democratic societies grapple practically with the challenges posed by religious pluralism, and why they arrive at different solutions.


His first book, Secular Conversions: Political Institutions and Religious Education in the United States and Australia forthcoming, Cambridge University Press , examines how political conflict and institutional structures have shaped patterns of secularization in the United States and Australia since The notion of the sacred as constructed within the political or legal realm is a persistent focus of my research, under the headline Topologies of the Sacred.

I am investigating the topography of Nordic Protestantism and the formatting of religion by Kant, Kierkegaard, and Weber. Website Faculty Website PluRel. Department : Religious Studies. Religious diversity in New Zealand and the Pacific; modern Jewish religious thought; religion, law and politics in the Pacific; interreligious dialogue and relations; religion and human rights. His research stands at the intersection of law, religion, and politics in Egypt and Malaysia. This is not to say that there is no study of religion but often it is either part of other disciplines or it is theological study- from one particular faith.

Introduction: Revisiting Civil Religion from an Aesthetic Point of View

One wonders why this is so? Why such an important area of human understanding is neglected or not taken as a serious subject of study? There could be various historical or political reasons but the need is gradually felt and in India, Bangladesh, Sri Lanka, Japan, Philippines and some other countries the Academic Study of Religion is coming up. More and more universities are starting the study.

The founder of my own university, Nobel laureate Rabindranath Tagore felt the need from the beginning and Visva-Bharati is the first institution of the country where B. Department: Anthropology. Back to top. She has studied clergy mothers in the Church of England as well as male clergy spouses and how they negotiate a role that has historically been occupied by women.