Academic

Parkinson on Anti-Discrimination, Vilification, and Religious Minorities

By Lawrence Solum

Patrick Parkinson (University of Sydney Law School) has posted Religious Vilification, Anti-Discrimination Laws and Religious Minorities in Australia: The Freedom to Be Different (Australian Law Journal, Vol. 81, No. 12, pp. 954-966, 2007) on SSRN. Here is the abstract:

Australian laws concerning religious vilification and the prohibition of discrimination on the basis of religious belief pose a danger to the future of multiculturalism. They have a chilling effect on legitimate expressions of religious freedom because of the impact that 'folklaw' and risk-averse management have on people's behaviour. They may also create conflict by establishing a new forum for disputes that courts can never resolve. Communities who share values based on faith need the freedom to argue their understanding of truth and to discriminate between right and wrong as they see it. A new approach to multiculturalism is proposed that balances the different interests involved and which may benefit other minorities as well.

Full post as published by Legal Theory Blog on June 18, 2008 (boomark / email).