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Constitutionalizing Religion: The Pyrrhic Success of Religious Rights in Postcolonial Sri Lanka
Author Schonthal, Benjamin (著)
Source Journal of Law and Religion
Volumev.29 n.3
Date2014.10
Pages470 - 490
PublisherCambridge University Press
Publisher Url https://www.cambridge.org/
LocationNew York, NY, US [紐約, 紐約州, 美國]
Content type期刊論文=Journal Article
Language英文=English
KeywordSri Lanka; Buddhism; law; constitution; religion
AbstractThis article argues for a different reading of the history of law and religion in independent Sri Lanka, one that does not associate the persistence of religious tension with the failure of law, but, somewhat counterintuitively, with the legalization of religion in the first instance. I argue that it is not law's failure that adds to the intensity of religious tensions on the island, but its pyrrhic success. Sri Lanka's success in drafting, ratifying, and deploying legal regimes of religious rights has led to the further ossification of the very conflicts they were intended to arbitrate. Through a condensed overview of the history of debating, drafting, and adjudicating constitutional religious rights in Sri Lanka, this article demonstrates how, in turning to law to resolve religious disputes, Sri Lankans have deepened and hardened the very lines of conflict that those laws were meant to resolve.
Table of contentsAbstract 470
Anti-Colonial Religious Freedom: The 1948 Co Discontents 473
Constitutionalizing Religious Freedom: The First Republican Constitution of 1972 477
Additional Constitutional Polarizations: The Second Republican Constitution of 1978 481
Arguing About Religious Rights in Court: The Conversion Bill Case 483
Conclusion 488
ISSN07480814 (P); 21633088 (E)
DOIhttps://doi.org/10.1017/jlr.2014.21
Hits54
Created date2023.10.11
Modified date2023.10.11



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