Today in South Korea, individuals of certain faiths are unable to take a wide range of state-administered qualifying examinations due to their religious convictions. The Constitutional Court of Korea has repeatedly refused their request for religious accommodations, such as an alternative test date for Sabbath or holy day observers who are unable to take exams on their original dates. The authors analyze the series of Constitutional Court decisions rejecting the need for such accommodation by focusing on the court’s use of its main analytical tool, the proportionality principle. These decisions reveal important shortcomings in the court’s application of the proportionality principle, including challenges inherent to proportionality and more specific deficiencies in the court’s application of the general principle. The article thus sheds light on how the proportionality principle is applied in the context of Korean constitutional jurisprudence and the resultant deprivation of protection for certain fundamental rights in Korea. The authors compare the court’s approach with that of courts in Spain, Switzerland, and the United States. They then propose a number of ways to improve the court’s proportionality analysis and its constitutional reasoning.

US and UK courts define religion as a belief system dealing with existential concerns, which is separable from politics, and need not be theistic. Where does this concept of religion come from? Some scholars trace it to the advent of the Protestant Reformation when religion became a matter of competing theological propositions. My analysis of both John Calvin and Roger Williams shows that those Protestant thinkers emphasized the view that religion is essentially a belief system. However, Protestantism cannot explain all of the features of the US and UK concept of religion. It is because of the liberal belief in individual rights and in popular sovereignty that early liberals like Roger Williams and contemporary courts embrace the separability of religion from politics. These courts also reject the view that religion is necessarily theistic given their liberal commitment to treating citizens that subscribe to certain non-theistic ideologies as equal citizens to citizens with theistic ideologies.

This article foregrounds the Western Apache fight to save the sacred site of Chi’chil Biłdagoteel, or Oak Flat, which at this writing is threatened by a proposed copper mine. Like many other Native peoples, Western Apaches have historically resisted colonial suppression by reconfiguring ancestral traditions to make them legible to authorities as religion. In their current struggle, Western Apaches are restoring and repairing their relationships with the sacred landscapes of their ancestral homelands. The controversy over Oak Flat also demonstrates how US religious freedom law continues to impose an implicitly Christian model for religion and how Western Apaches today are pushing back against that model even as they necessarily use it to claim the protected status that religion enjoys in the United States. Chi’chil Biłdagoteel thus illuminates the ongoing paradoxes of US religious freedom law, the privileges that Christianity still holds within this legal regime, and the ongoing vibrancy of living Apache religion.

Expressivist theories of law focus not only on what legal arrangements do but also what they communicate. The expressivist view has gained special currency in the context of religious establishment. Even when governmental involvement with religion is not coercive or does not materially violate anyone’s rights, it may nevertheless be undesirable by virtue of expressing a preference for a certain religion or a privileged status for certain religious groups over others. The existing literature, however, lacks an equivalent expressivist analysis of the related but distinct domain of free exercise of religion. What is expressed when a religious individual or group is granted special relief from the legal requirements that would otherwise apply to them? I argue that just like religious establishments, religious exemptions not only implicate rights and material interests but also have important expressive dimensions that both help account for their value and impose limits on their desirability.

While much work on expertise has explored the mobilisation and production of knowledge, the development of epistemic communities, and the mechanisms through which expertise operates – little work has been done exploring how expertise is understood across academic literature on particular regional cases such as the Arctic. In this article, I scope a broad literature review of the Arctic, seeking out how expertise has been depicted and framed in academic and theoretical literature. The results are framed around five different themes: (1) expertise serving the interests of great powers, (2) recognition of the overall importance of expertise in Arctic governance, (3) the purpose of experts, (4) science diplomacy and expertise: a murky barrier, and (5) how to study experts, but also find that Indigenous knowledge is often left out of literature that relies upon Western frameworks of expertise. This incongruity suggests that there are two competing conceptualizations of Arctic expertise, one in theory and another in practice – which has consequences for how the region and its expertise are narrated.

Anesthesiology training programs are tasked with equipping trainees with the skills to become medically and ethically competent in the practice of anesthesia and to be prepared to obtain board certification, yet there is currently no standardized ethics curriculum within anesthesia training programs in the United States. To bridge this gap, and to provide a validated ethics curriculum to meet the aforementioned needs, in July 2021, a survey was sent to anesthesia scholars in the field of biomedical ethics to identify key areas that should be included in such an ethics curriculum. The responses were rated on a Likert scale and ranked. This paper identifies the top ten topics identified as high priority for inclusion in an anesthesiology training program and consequently deemed most relevant to meet the educational needs of graduates of an anesthesiology residency: (1) capacity to consent; (2) capacity to refuse elective versus lifesaving treatment; (3) application of surrogate decisionmaking; (4) approach to do not resuscitate (DNR) status in the operating room; (5) patient autonomy and advance directives; (6) navigating patient beliefs that may impair care; (7) “futility” in end-of-life care: when to withdraw life support; (8) disclosure of medical errors; (9) clinical criteria for “brain death” and consequences of this definition; and (10) the impaired anesthesiologist.

In the late eighteenth century, Johann David Michaelis criticized Moses Mendelssohn for bringing what Michaelis termed his native Jewish tradition into his thinking on universal matters. Yet leaning on Jewish sources had been a key feature of European natural law thinking from the onset of modernity. In this article, the author reads Mendelssohn’s natural law theory as conversant with early modern legal thought that was scrutinized in the enlightenment, shedding new light on Mendelssohn’s innovations and on what Mendelssohn was up against when he offered natural law foundations for toleration. The author finds that arguments for and against toleration of the Jews from the seventeenth century to the nineteenth were tied to the question of whether Judaism contained universal laws or laws particular to the Jews, and suggests that Mendelssohn’s approach, while rejected from the eighteenth to the twentieth century, may be newly relevant today.

Can we formulate a moral theory that captures the moral significance of patterns of group behaviour we cannot affect through our own action while at the same time avoiding the so-called ‘Ideal Worlds’ objection? In a recent article, Caleb Perl has argued that we can. Specifically, Perl claims that one view that does so is his Patterned View: roughly, you ought to act only in accordance with that set of sufficiently general rules that has optimal moral value (Perl 2021: 98). The Patterned View undoubtedly constitutes a welcome contribution to our existing set of moral theories. However, does it avoid the Ideal Worlds objection? In this article, I argue ‘no’.