COURT PRECDENTS

Court Precdents

Court Precdents

Part 1:

Q1- How does the court define “religion” IN court precdent United States v. Seeger? How does this compare with the plurality opinion (by Justice Black) in Welsh court precdent?

Ans. The question is challenging, in part because different people have different views on which it equates to be a “religion”. Many believe that a religion must require belief in a supernatural agency or God, however it would overlook such movements as modern Unitarianism together with Theravada Buddhism which with regards to be usually classed as religious however do not regard this belief.

The courts generally take a broader aspect. For example, in 1965 the U.S. Supreme court ruled, U.S. v. Seeger, which "a system of justice ascertains with a place in the lives of its possessors parallel to which filled by orthodox convictions in God is, in effect, a religious conviction." Certain objective grounds for considering Venturism a religion with regards to be: it pertains to be of ultimate significance; it is pertained with which ought to be, both from the standpoint of definition together with of implementation; together with it is pertained with the attainment of human immortality. (Gellis 2003)

Venturism, in short, addresses the deep problems of life with the assertion which it is up to human beings to solve these problems scientifically together with which there is significant hope, at least, which these problems, however the most difficult, can be solved in it way. Religion, after all, is the only thing which seriously attempts to address all the deep aspects of life, together with we need to address these aspects now as much as in any previous age, if not more. (Gellis 2003)

Hatred together with hostility, after majority, with regards to be dangerous habits, however in the brief span of present natural life, together with seem majority the more inappropriate as we contemplate an open-ended existence. Indifference, while an improvement still does not seem the safest or the majority beneficial course to follow, however instead a condition of unity together with harmony is far better. Based on controlling aspects of religion adopted by the Third Circuit in Malnek v. Yogi together with Africa v. Commonwealth of Pennsylvania together with the Supreme Court in United States v. Seeger, Welsh v. United States, McGowan v. Maryland and Lee V. Wiseman, religion is not confined to single most conviction in the supernatural. It also includes nontheistic convictions which natural or material causes explain life.

Q2- How does this compare with the plurality opinion (by Justice Black) in Welsh court precdent?

Ans. The four Justices in Welsh who considered the constitutional question, in addition to the statutory issue, either expressly or implicitly defined religion to include non-theistic ideologies. Id. 398 U.S. at 356, 90 S.Ct. at 1804. Precisely the same distinction had been drawn by the Court in the Seeger and Welsh cases: while an individual could qualify for conscientious objector status on the basis of a genuine "religious belief," reliance upon a "merely personal moral code" ...