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Where am I now? Lawlink > Law Reform Commission > Publications > Report 74 (1994) - Blasphemy
Report 74 (1994) - Blasphemy Table of Contents
BACKGROUND The main issues THE COMMISSION'S APPROACH Essential aspects of the process of law reform The conduct of the reference The purpose of this Report The structure of this Report
DISCUSSION PAPER 24 IN BRIEF THE EXISTING LAW OF BLASPHEMY History Reception of the offence in New South Wales The doctrine of reception Reception of the law of blasphemy Current status in New South Wales Legislation Common law The elements of the offence Publication or disclosure Limitation to Christianity Character of the words or material Tendency to cause a breach of the peace The intention of the author THE LAW IN OTHER AUSTRALIAN JURISDICTIONS Tasmania Queensland Western Australia Victoria South Australia The Northern Territory The Australian Capital Territory The Commonwealth of Australia THE LAW IN OTHER JURISDICTIONS Scotland Ireland Canada New Zealand United States of America Papua New Guinea Nauru India Fiji The Solomon Islands Vanuatu Western Samoa South Africa Indonesia OVERVIEW Conclusion
4.REFORM OF THE LAW OF BLASPHEMY SUBMISSIONS AND COMMUNITY DEBATE FOLLOWING DP 24 OPTION ONE: RETENTION OF THE COMMON LAW Submissions in support of Option One Protection of God and of individual feelings Protection of morality and society The infrequency of prosecutions Extension to other religions The Commission's evaluation of the policy arguments Summary OPTION TWO: PROGRESSIVE CODIFICATION OF THE OFFENCE OF BLASPHEMY Submissions in support of Option Two Mens rea, bona fide debate, breach of peace, sentencing and procedure The extension to other religions The Commission's view OPTION THREE: POSSIBLE REPLACEMENT OFFENCE(S) Submissions in support of Option Three The Commission's evaluation of the policy arguments OPTION FOUR: ABOLITION WITHOUT SPECIFIC PLACEMENT Submissions in support of Option Four Blasphemy is an anachronism The limited scope of the offence is unfairly discriminatory The law is deficient and uncertain Extension to other religions Freedom of speech arguments Possibility of social divisiveness The role of the law The separation of Church and State The Commission's evaluation of the policy arguments Conclusion
APPENDIX A: REPORT OF THE QUEEN v WILLIAM LORANDO JONES APPENDIX B: SUBMISSIONS RECEIVED
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