This chapter explores two complex cases, one American, one Canadian, where the boundary between cooperation and constitutional overreach is especially thin. I examine how courts justify civil enforcement of religiously grounded contracts, and what theoretical frameworks might support such justification.

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Hard Cases: The Civil Execution of Religious Contracts

  • Astrid von Busekist

摘要

This chapter explores two complex cases, one American, one Canadian, where the boundary between cooperation and constitutional overreach is especially thin. I examine how courts justify civil enforcement of religiously grounded contracts, and what theoretical frameworks might support such justification.