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10 - The clash of arms

Published online by Cambridge University Press:  05 June 2012

Russell Sandberg
Affiliation:
Cardiff University
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Summary

Introduction

Although historically this country is part of the Christian west, and although it has an established church which is Christian, I sit as a secular judge serving a multi-cultural community of many faiths in which all of us can now take pride, sworn to do justice ‘to all manner of people’. Religion – whatever the particular believer's faith – is no doubt something to be encouraged but it is not the business of government or of the secular court. So the starting point of the law is an essentially agnostic view of religious beliefs and a tolerant indulgence to religious and cultural diversity. A secular judge must be wary of straying across the well-recognised divide between church and state. It is not for a judge to weigh one religion against another. All are entitled to equal respect, whether in time of peace, or, as at present, amidst the clash of arms.

Munby J, Sulaiman v. Juffali

Every generation thinks that the challenges they face are unique. They think that the underlying political, social and moral problems they encounter are on a scale previously unseen and require radical and unorthodox solutions. This inevitably leads to the enactment of new law. In the early years of the twenty-first century, this has occurred in relation to religion. The Al-Qaeda terrorist attacks in New York on 11 September 2001 and in London on 7 July 2005 have changed the ‘rules of the game’.

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References

Beloff, M.et al. Sports Law (Oxford: Hart, 1999), p. 3Google Scholar
Gardiner, S.et al., Sports Law, 3rd edn (London: Cavendish, 2006), p. 90
Opie, H., ‘Sports Associations and their Legal Environment’ in M. McGregor-Lowndes et al., (eds.), Legal Issues for Non-Profit Associations (Sydney: LBC, 1996), p. 74Google Scholar
Gardiner, S.et al., Sports Law, 3rd edn (London: Cavendish, 2006), pp. 89–90

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  • The clash of arms
  • Russell Sandberg, Cardiff University
  • Book: Law and Religion
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511976865.011
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  • The clash of arms
  • Russell Sandberg, Cardiff University
  • Book: Law and Religion
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511976865.011
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The clash of arms
  • Russell Sandberg, Cardiff University
  • Book: Law and Religion
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511976865.011
Available formats
×