Owen Jeffrey Crocker

Despite the plethora of freedom of religion literature (under section 2(a) of the Canadian Charter of Rights and Freedoms), the corresponding literature on the freedom of conscience is minimal. To further the discussion on the freedom of conscience, I rely heavily on the philosophical literature to make an important distinction; the difference between individual- based and communal-based conceptions of conscience. Whereas the former is plagued with subjectivity, making it difficult to conceptualize a working framework for the Charter right, the latter offers a promising foothold to rise above subjectivity and find a firm footing based on communal relations. In emphasizing the importance of the dialogical nature of human beings and the relational necessity undergirding moral judgements, I argue that the concept of conscience should be understood and practiced in community, rather than individually.

The purpose of this paper is to examine the separability of law and morality within an analytic jurisprudential framework. The paper is comprised of four parts. First, the separability thesis will be discussed and defined. Second, Hart’s legal positivist account of law will be presented, which defends the separability thesis. Third, two objections from a natural law perspective (classical and contemporary) will be proposed against the legal positivist position, thereby rejecting the separability thesis. Each objection will be accompanied by a possible Hartian reply. Finally, I will offer a novel analysis of the arguments as well as state why I find the Hartian approach preferable to the natural law theorist’s in regard to the separability thesis.

Free will skepticism is radical in its core claim that free will is illusory. Criminal law, however, appears to presuppose that persons are free and hence, morally responsible for their actions. So, if free will skepticism is true, our current practices that hold people to account for their wrongs appears unjustified–even immoral. This paper will challenge the free will skeptic’s core claim that free will does not exist and defend current practices of moral responsibility by offering (and defending) a Frankfurtian-compatibilist approach to the topics of free will and determinism.