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Record W1566279991

When Rights Collide: Liberalism Pluralism and Freedom of Religion in Canada

2008· article· en· W1566279991 on OpenAlexaboutno aff
Alex Fielding

Bibliographic record

VenueAppeal: Review of Current Law and Law Reform · 2008
Typearticle
Languageen
FieldSocial Sciences
TopicAmerican Constitutional Law and Politics
Canadian institutionsnot available
Fundersnot available
KeywordsPluralism (philosophy)CharterFaithLawLiberalismPublic spherePolitical scienceJurisprudenceSociologyPublic reasonTheology
DOInot available

Abstract

fetched live from OpenAlex

in a time where the influx of immigrants with diverse religions conflict with the laws of the majority, the question of how to live together in disagreement when Charter rights collide goes to the heart of pluralism, the ‘common good’ and the modern liberal exercise in Canada. The recent debates over sharia tribunals, faith-based education, same-sex marriage, and the accommodation of religious marriage commissioners illustrate the difficulties in balancing the religious and ‘secular’ in the public sphere. This paper looks to liberal theory, freedom of religion jurisprudence, and contemporary thinkers for answers to these timely questions. it advocates for a more deferential, accommodating form of liberalism along the principles of modus vivendi where individual rights are limited only to the extent that they infringe on the rights of others. by moving away from the vague, all-encompassing language of “Charter values” to John stuart mill’s harm principle, we create a more pluralistic public sphere that gives reasons for religious minorities and ethnic groups to reciprocate such tolerance and participate actively in civil society. if we relegate such views to the private sphere by imposing a ‘rational consensus’ on a divided public, we do so at our peril. For it will further fragment the civic fabric of Canadian society into scattered islands of faith communities, leaving all sectors impoverished. * alex Fielding is a third year student at the university of Victoria, Faculty of Law, and will be articling with stikeman elliott LLP (Vancouver) in september 2008. The author would like to thank iain T. benson of The Centre for Cultural renewal (ottawa) and Professors benjamin berger and gillian Calder at the university of Victoria, Faculty of Law, for their ideas, guidance and encouragement in writing this paper. APPEAL VOLUME 13 n 29

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.000
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.993
Threshold uncertainty score0.474

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0000.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.001
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.021
GPT teacher head0.286
Teacher spread0.266 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one teacher head, not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designTheoretical or conceptual
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations4
Published2008
Admission routes1
Has abstractyes

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