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The Employment Status of Ministers: A Judicial Retcon?

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 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. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Religion and Human Rights Brill

The Employment Status of Ministers: A Judicial Retcon?

Religion and Human Rights , Volume 13 (1): 22 – Mar 27, 2018

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1871-031X
eISSN
1871-0328
DOI
10.1163/18710328-13011152
Publisher site
See Article on Publisher Site

Abstract

“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.

Journal

Religion and Human RightsBrill

Published: Mar 27, 2018

There are no references for this article.