“The End of Conviction and Possible Beginnings for Criminal Law and Religion” Matthew P. Cavedon Conviction began just about a year ago and is now coming to an end. The premise for this series was that the intersection of criminal law and religion is an interesting, crowded place. Historically, religion had, and continues to have,…
“The Right to Shun: Ghent’s Misguided Jehovah’s Witness Decision“ Matthew P. Cavedon In March, the criminal court of Ghent, Belgium fined the congregation of Jehovah’s Witnesses (JW) for “inciting discrimination and hatred or violence against former members.” The case centered on the JW practice of “disfellowshipping.” While the court’s sensitivity to the individual impact of…
“France’s New Marriage Laws Could Trigger Islamophobic Abuses“ Matthew P. Cavedon France is enacting sweeping legislation targeting Islamist extremism. Its new “separatism law” aims to ensure that Muslims integrate into the secular community. A number of its provisions, including restrictions on publishing information about public employees and limits on homeschooling, have raised the ire of…
“Denmark’s Provincial Bias against Foreign Religious Languages“ Matthew P. Cavedon Denmark has proposed a new law regulating religion. Under it, all sermons and homilies must be translated into Danish. This is being billed as a national security measure. It is also being attacked as a burden on small religious communities, an affront to linguistic minorities…
“‘A Noble Alchemy’: Benefit of Clergy and the Early History of Leniency” Matthew P. Cavedon Criminal justice reform efforts have recently focused on the consequences of having a record. There is a growing sense that society needs to show mercy to those who pay the consequences for doing wrong and amend their lives, rather than…
“Perfectionist Prophecy, Imperfect World” Matthew P. Cavedon I recently wrote about Patrick O’Neill, a Catholic activist convicted of vandalizing a nuclear submarine base. The number of connections I have to his case is so high that this article could almost just be my list of disclosures. Here it goes: In 2016-17, I served as a…
“Vatican Criminal Reforms Ignore Glaring Problems Even as Jurisdiction Expands Worldwide” Matthew P. Cavedon On February 16, Pope Francis announced changes to the Vatican’s criminal code. These alter court procedures to protect a few defense rights and make punishment more merciful. They come alongside recent expansions in the Vatican’s criminal jurisdiction, which has gone almost…
“Which King’s Bay? Religion against the Rules in Nuclear Civil Disobedience” Matthew P. Cavedon It is commonplace to understand religion as a building block of identity. We define our personalities in light of any number of characteristics – our religion, nationality, politics, ethnicity, sex, disabilities, and so on. It is also commonplace, nowadays, to say…
“Subjective Beliefs, Social Judgments, and Witch Killers” Matthew P. Cavedon In a 1992 abortion decision, Casey v. Planned Parenthood, a plurality of the U.S. Supreme Court held: “At the heart of liberty is the right to define one’s own concept of existence, of meaning, of the universe, and of the mystery of human life.” Consider…
A mob stormed the U.S. Capitol on January 6. Perhaps its most visible leader was a man wearing a bearskin headdress, Viking horns, and red, white, and blue face paint. And wielding a spear. Arrested in Arizona on January 9, Jacob Chansley, a.k.a. “Jake Angeli,” also goes by the title “QAnon Shaman.” This is no…