Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Thursday, January 24, 2013

"Mounting Religious Restrictions in Europe"

Over at the site of the (excellent) Religious Freedom Project (a project of Georgetown's Berkley Center), Roger Trigg has a very informative essay called "Canary in the Coal Mine," in which he discusses four recent decisions handed down by the European Court of Human Rights.  Here is his concluding paragraph:

Certainly, as is recognised in the case of conscientious objection in a time of war, it is the mark of civilised society to respect a conscientious stand, even if it is thought misguided. Whether freedom of religion can be simply replaced by an appeal to individual conscience is much more doubtful. Religion seems to be itself of deep importance in human life, and should be cherished. It has a social dimension, with institutional, as well as individual, aspects. What is quite clear is that once freedom of religion is not thought to be of absolutely fundamental importance in a society, but can give way to current social priorities, freedom of conscience also is challenged. Religious freedom, itself, is very hard to prise apart from the most basic freedoms that make any life worth living. It is regrettable that current European jurisprudence does not appear to take this point seriously.


Garnett, Rick | Permalink

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