What Establishment Expresses

International Journal of Constitutional Law (Forthcoming)

U of Melbourne Legal Studies Research Paper Forthcoming

34 Pages Posted: 24 Sep 2021

See all articles by Farrah Ahmed

Farrah Ahmed

University of Melbourne - Law School

Date Written: September 21, 2021

Abstract

Religious establishment is said to be wrong partly because of what it expresses. But the typical arguments about what establishment expresses are obscure and ambiguous. This paper aims to provide a framework, illustrated by two hypothetical states, to better isolate and understand expressive reasons why establishment might be wrong. The paper argues for the disambiguation of expressive claims about establishment, distinguishes between four types of expression and suggests tests for expression of each type. It illustrates how expressive claims might be contextually assessed using the suggested tests. The paper aims to allow lawyers, judges, policymakers, scholars and members of the public to better understand, assess and appreciate the moral significance of expressive claims about establishment, and potentially, expressive claims about law and government action, more generally.

Keywords: establishment, secularism, expressivism, expressive function of law, law and religion

Suggested Citation

Ahmed, Farrah, What Establishment Expresses (September 21, 2021). International Journal of Constitutional Law (Forthcoming), U of Melbourne Legal Studies Research Paper Forthcoming, Available at SSRN: https://ssrn.com/abstract=3927591

Farrah Ahmed (Contact Author)

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

HOME PAGE: http://www.law.unimelb.edu.au/melbourne-law-school/community/our-staff/staff-profile/username/Farrah

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