Masterpiece Cakeshop and the Foundations of Free Speech and Toleration

IF 0.4 Q3 LAW

Oxford Journal of Law and Religion Pub Date : 2020-06-01 DOI:10.1093/ojlr/rwaa024

Jeremy D Tedesco

引用次数: 0

Abstract

What do Masterpiece Cakeshop, Ltd v Colorado Civil Rights Commission, other leading cases from the USA, Canada, and the UK, and Teresa Bejan’s concept of ‘mere civility’, teach us about free speech and toleration? This article seeks to answer that question and suggest a path forward that allows people with deep disagreements about fundamental social and moral issues to live peaceably together despite their differences. This article defends two primary claims: First, ‘mere civility’ is complimentary to a broader legal argument for protecting the freedom of all members of a society to espouse and live out their views within the context of the public square and marketplace; and Second, compelling speech (or agreement) under the guise of civility endangers liberty and genuine equality. When freedom is properly protected, ‘mere civility’ is the natural result, while attempts to achieve something more than ‘mere civility’ invariably jeopardize freedom.

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杰作Cakeshop与言论自由和宽容的基础

Masterpiece Cakeshop，Ltd诉科罗拉多州民权委员会，来自美国、加拿大和英国的其他主要案件，以及Teresa Bejan的“纯粹文明”概念，教会了我们关于言论自由和宽容的什么？这篇文章试图回答这个问题，并提出一条前进的道路，让在基本社会和道德问题上有深刻分歧的人能够和平相处，尽管他们存在分歧。这篇文章为两个主要主张辩护：首先，“纯粹的文明”是对保护社会所有成员在公共广场和市场背景下拥护和践行自己观点的自由的更广泛的法律论点的补充；其次，以文明为幌子的令人信服的言论（或协议）危及自由和真正的平等。当自由得到适当保护时，“纯粹的文明”是自然的结果，而试图实现超越“纯粹文明”的目标必然会危及自由。

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来源期刊

Oxford Journal of Law and Religion LAW-

CiteScore

1.00

自引率

16.70%

发文量

期刊介绍： Recent years have witnessed a resurgence of religion in public life and a concomitant array of legal responses. This has led in turn to the proliferation of research and writing on the interaction of law and religion cutting across many disciplines. The Oxford Journal of Law and Religion (OJLR) will have a range of articles drawn from various sectors of the law and religion field, including: social, legal and political issues involving the relationship between law and religion in society; comparative law perspectives on the relationship between religion and state institutions; developments regarding human and constitutional rights to freedom of religion or belief; considerations of the relationship between religious and secular legal systems; and other salient areas where law and religion interact (e.g., theology, legal and political theory, legal history, philosophy, etc.). The OJLR reflects the widening scope of study concerning law and religion not only by publishing leading pieces of legal scholarship but also by complementing them with the work of historians, theologians and social scientists that is germane to a better understanding of the issues of central concern. We aim to redefine the interdependence of law, humanities, and social sciences within the widening parameters of the study of law and religion, whilst seeking to make the distinctive area of law and religion more comprehensible from both a legal and a religious perspective. We plan to capture systematically and consistently the complex dynamics of law and religion from different legal as well as religious research perspectives worldwide. The OJLR seeks leading contributions from various subdomains in the field and plans to become a world-leading journal that will help shape, build and strengthen the field as a whole.