The Employment Status of Ministers: A Judicial Retcon?

“Retroactive continuity”, often abbreviated as “retcon”, is a term often used in literary criticism and particularly in relation to science fiction to describe the altering of a previously established historical continuity within a fictional work. To date, however, the concept has not been used in r...

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Bibliographic Details
Published in:Religion and human rights
Main Author: Sandberg, Russell
Format: Electronic Article
Language:English
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Published: Brill, Nijhoff 2018
In:Religion and human rights
Year: 2018, Volume: 13, Issue: 1, Pages: 27-48
Further subjects:B Employment Status ministers of religion employment law legal reasoning legal history retroactive continuity judicial retcon interdisciplinarity
Online Access: Volltext (Verlag)
Description
Summary:“Retroactive continuity”, often abbreviated as “retcon”, is a term often used in literary criticism and particularly in relation to science fiction to describe the altering of a previously established historical continuity within a fictional work. To date, however, the concept has not been used in relation to law. Legal judgments often refer to history and include historical accounts of how the law has developed. Such judgments invariably include judicial interpretations of history. On occasions, they may even include a “retconned” interpretation of legal history – a “judicial retcon” – that misrepresents the past and rewrites history to fit the “story” of the law that the judge wants to give. This article explores the usefulness of a concept of a “judicial retcon” by means of a detailed case study concerning whether ministers of religion are employees.
ISSN:1871-0328
Contains:In: Religion and human rights
Persistent identifiers:DOI: 10.1163/18710328-13011152