One of the major challenges in religious freedom law is figuring out to what extent a claim of accommodation is justified given the low barrier of entry for claims of sincerity. While American law tries to prevent a man from becoming what Justice Scalia in Smith called “a law unto himself,” something of the sort is happening when a person claims that his faith prevents him from following the normal course of obedience. My conversation today helps illuminate some of this in a profound way, specifically looking at Soren Kierkegaard’s ethical system and considering its corollary in the rule of law.
My guest is Joshua Neoh, a senior lecturer in law at the Australian National University (ANU), Australia. He has an LLB, LLM and PhD from the ANU, Yale and Cambridge, respectively. Full bio.
His paper at the heart of this conversation is called Kierkegaardian Ethics and the Rule of Law, available here.
Cross & Gavel is a production of CHRISTIAN LEGAL SOCIETY. The episode was produced by Josh Deng, with music from Vexento.
