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Constitutionalizing Religion: The Pyrrhic Success of Religious Rights in Postcolonial Sri Lanka |
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Author |
Schonthal, Benjamin (著)
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Source |
Journal of Law and Religion
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Volume | v.29 n.3 |
Date | 2014.10 |
Pages | 470 - 490 |
Publisher | Cambridge University Press |
Publisher Url |
https://www.cambridge.org/
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Location | New York, NY, US [紐約, 紐約州, 美國] |
Content type | 期刊論文=Journal Article |
Language | 英文=English |
Keyword | Sri Lanka; Buddhism; law; constitution; religion |
Abstract | This 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 contents | Abstract 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 |
ISSN | 07480814 (P); 21633088 (E) |
DOI | https://doi.org/10.1017/jlr.2014.21 |
Hits | 54 |
Created date | 2023.10.11 |
Modified date | 2023.10.11 |
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