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A Secular Europe Law And Religion In The European Constitutional Landscape
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Download or read book A Secular Europe written by Lorenzo Zucca and published by OUP Oxford. This book was released on 2012-10-11 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: How to accommodate diverse religious practices and laws within a secular framework is one of the most pressing and controversial problems facing contemporary European public order. In this provocative contribution to the subject, Lorenzo Zucca argues that traditional models of secularism, focusing on the relationship of state and church, are out-dated and that only by embracing a new picture of what secularism means can Europe move forward in the public reconciliation of its religious diversity. The book develops a new model of secularism suitable for Europe as a whole. The new model of secularism is concerned with the way in which modern secular states deal with the presence of diversity in the society. This new conception of secularism is more suited to the European Union whose overall aim is to promote a stable, peaceful and unified economic and political space starting from a wide range of different national experiences and perspectives. The new conception of secularism is also more suited for the Council of Europe at large, and in particular the European Court of Human Rights which faces growing demands for the recognition of freedom of religion in European states. The new model does not defend secularism as an ideological position, but aims to present secularism as our common constitutional tradition as well as the basis for our common constitutional future.
Book Synopsis Belief, Law and Politics by : Marie-Claire Foblets
Download or read book Belief, Law and Politics written by Marie-Claire Foblets and published by Routledge. This book was released on 2016-04-15 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection gathers together the principal findings of the three-year RELIGARE project, which dealt with the question of religious and philosophical diversity in European law. Specifically, it covers four spheres of public policy and legislation where the pressure to accommodate religious diversity has been most strongly felt in Europe: employment, family life, use of public space and state support mechanisms. Embracing a forward-looking approach, the final RELIGARE report provides recommendations to governance units at the local, national and European levels regarding issues of religious pluralism and secularism. This volume adds context and critique to those recommendations and more generally opens an intellectual discussion on the topic of religion in the European Union. The book consists of two main parts: the first includes the principal findings of the RELIGARE research project, while the second is a compilation of 28 short contributions from influential scholars, legal practitioners, policy makers and activists who respond to the report and offer their views on the sensitive issue of religious diversity and the law in Europe.
Book Synopsis Democracy, Law and Religious Pluralism in Europe by : Ferran Requejo
Download or read book Democracy, Law and Religious Pluralism in Europe written by Ferran Requejo and published by Routledge. This book was released on 2014-09-15 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: In contrast with the progressive dilution of religions predicted by traditional liberal and Marxist approaches, religions remain important for many people, even in Europe, the most secularised continent. In the context of increasingly culturally diverse societies, this calls for a reinterpretation of the secular legacy of the Enlightenment and also for an updating of democratic institutions. This book focuses on a central question: are the classical secularist arrangements well equipped to tackle the challenge of fast-growing religious pluralism? Or should we move to new post-secular arrangements when dealing with pluralism in Europe? Offering an interdisciplinary approach that combines political theory and legal analysis, the authors tackle two interrelated facets of this controversial question. They begin by exploring the theoretical perspective, asking what post-secularism is and looking at its relation to secularism. The practical consequences of this debate are then examined, focusing on case-law through four empirical case studies. This book will be of interest to students and scholars of political theory, philosophy, religion and politics, European law, human rights, legal theory and socio-legal studies.
Book Synopsis A Secular Europe: Law and Religion in the European Constitutional Landscape by : Lorenzo Zucca
Download or read book A Secular Europe: Law and Religion in the European Constitutional Landscape written by Lorenzo Zucca and published by OUP Oxford. This book was released on 2012-10-11 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: How to accommodate diverse religious practices and laws within a secular framework is one of the most pressing and controversial problems facing contemporary European public order. In this provocative contribution to the subject, Lorenzo Zucca argues that traditional models of secularism, focusing on the relationship of state and church, are out-dated and that only by embracing a new picture of what secularism means can Europe move forward in the public reconciliation of its religious diversity. The book develops a new model of secularism suitable for Europe as a whole. The new model of secularism is concerned with the way in which modern secular states deal with the presence of diversity in the society. This new conception of secularism is more suited to the European Union whose overall aim is to promote a stable, peaceful and unified economic and political space starting from a wide range of different national experiences and perspectives. The new conception of secularism is also more suited for the Council of Europe at large, and in particular the European Court of Human Rights which faces growing demands for the recognition of freedom of religion in European states. The new model does not defend secularism as an ideological position, but aims to present secularism as our common constitutional tradition as well as the basis for our common constitutional future.
Book Synopsis Religious America, Secular Europe? by : Peter L. Berger
Download or read book Religious America, Secular Europe? written by Peter L. Berger and published by Ashgate Publishing, Ltd.. This book was released on 2008 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: Europe is a relatively secular part of the world in global terms. Why is this so? And why is the situation in Europe so different from that in the United States?The first chapter of this book - the theme - articulates this contrast. The remaining chapters - the variations - look in turn at the historical, philosophical, institutional and sociological dimensions of these differences. Key ideas are examined in detail, among them: constitutional issues; the Enlightenment; systems of law, education and welfare; questions of class, ethnicity, gender and generation. In each chapter both the similarities and differences between the European and the American cases are carefully scrutinized. The final chapter explores the ways in which these features translate into policy on both sides of the Atlantic. This book is highly topical and relates very directly to current misunderstandings between Europe and America.
Book Synopsis Religion, Rights and Secular Society by : Peter Cumper
Download or read book Religion, Rights and Secular Society written by Peter Cumper and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔReligion, Rights and Secular Society by Peter Cumper and Tom Lewis is a both timely and important publication. In a series of highly interesting and well-written essays Ð some of which are case studies covering many different European nations whereas others are more theoretical Ð the book looks at a key paradox in contemporary Europe: the relatively high levels of secularity in most European countries on the one hand, and the marked resurgence of religion in public debates on the other. While never pretending that there are ready answers to the problems of reconciling secular and religious values in Europe, the contributors make it quite clear that Europeans need to return to questions about religion that they had previously regarded as being settled. This is food for thought at a very high level!Õ Ð Helle Porsdam, University of Copenhagen, Denmark This topical collection of chapters examines secular society and the legal protection of religion and belief across Europe, both in general and more nation-specific terms. The expectations of many that religion in modern Europe would be swept away by the powerful current of secularization have not been realised, and today few topics generate more controversy than the complex relationship between religious and secular values. The Ôreligious/secularÕ relationship is examined in this book, which brings together scholars from different parts of Europe and beyond to provide insights into the methods by which religion and equivalent beliefs have been, and continue to be, protected in the legal systems and constitutions of European nations. The contributorsÕ chapters reveal that the oft-tumultuous legacy of EuropeÕs relationship with religion still resonates across a continent where legal, political and social contours have been powerfully shaped by faith and religious difference. Covering recent controversies such as the Islamic headscarf, and the presence of the crucifix in school class-rooms, this book will appeal to academics and students in law, human rights and the social sciences, as well as law and policy makers and NGOs in the field of human rights.
Book Synopsis Constitutional Secularism in an Age of Religious Revival by : Susanna Mancini
Download or read book Constitutional Secularism in an Age of Religious Revival written by Susanna Mancini and published by OUP Oxford. This book was released on 2014-01-30 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: The global movement of culture and religion has brought about a serious challenge to traditional constitutional secularism. This challenge comes in the form of a political and institutional struggle against secular constitutionalism, and a two pronged assault on the very legitimacy and viability of the concept. On the one hand, constitutional secularism has been attacked as inherently hostile rather than neutral toward religion; and, on the other hand, constitutional secularism has been criticized as inevitably favouring one religion (or set of religions) over others. The contributors to this book come from a variety of different disciplines including law, anthropology, history, philosophy and political theory. They provide accounts of, and explanations for, present predicaments; critiques of contemporary institutional, political and cultural arrangements, justifications and practices; and suggestions with a view to overcoming or circumventing several of the seemingly intractable or insurmountable current controversies and deadlocks. The book is separated in to five parts. Part I provides theoretical perspectives on the present day conflicts between secularism and religion. Part II focuses on the relationship between religion, secularism and the public sphere. Part III examines the nexus between religion, secularism and women's equality. Part IV concentrates on religious perspectives on constraints on, and accommodations of, religion within the precincts of the liberal state. Finally, Part V zeroes in on conflicts between religion and secularism in specific contexts, namely education and freedom of speech.
Book Synopsis Law and Religion in Europe by : Norman Doe
Download or read book Law and Religion in Europe written by Norman Doe and published by OUP Oxford. This book was released on 2011-08-04 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Each state in Europe has its own national laws which affect religion and these are increasingly the subject of political and academic debate. This book provides a detailed comparative introduction to these laws with particular reference to the states of the European Union. A comparison of national laws on religion reveals profound similarities between them. From these emerge principles of law on religion common to the states of Europe and the book articulates these for the first time. It examines the constitutional postures of states towards religion, religious freedom, and discrimination, and the legal position, autonomy, and ministers of religious organizations. It also examines the protection of doctrine and worship, the property and finances of religion, religion, education, and public institutions, and religion, marriage, and children, as well as the fundamentals of the emergent European Union law on religion. The existence of these principles challenges the standard view in modern scholarship that there is little commonality in the legal postures of European states towards religion - it reveals that the dominant juridical model in Europe is that of cooperation between State and religion. The book also analyses national laws in the context of international laws on religion, particularly the European Convention on Human Rights. It proposes that national laws go further than these in their treatment and protection of religion, and that the principles of religion law common to the states of Europe may themselves represent a blueprint for the development of international norms in this field. The book provides a wealth of legal materials for scholars and students. The principles articulated in it also enable greater dialogue between law and disciplines beyond law, such as the sociology of religion, about the role of religion in Europe today. The book also identifies areas for further research in this regard, pointing the direction for future study.
Book Synopsis Law and Religion in the 21st Century by : Rinaldo Cristofori
Download or read book Law and Religion in the 21st Century written by Rinaldo Cristofori and published by Routledge. This book was released on 2016-04-15 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together leading international scholars of law and religion to provide an overview of current issues in State-religion relations. The first part of the collection offers a picture of recent developments in key countries and regions. The second part is focused on Europe and, in particular, on the Nordic States and the post-communist countries where State-religion systems have undergone most profound change. The third and final part is devoted to four issues that are currently debated all over the world: the relations between freedom of expression and freedom of religion; proselytism and the right to change religion; the religious symbols; and the legal status of Islam in Europe and Canada. The work will be a valuable resource for academics, students and policy-makers with an interest in the interaction between law and religion.
Book Synopsis Law, State and Religion in the New Europe by : Lorenzo Zucca
Download or read book Law, State and Religion in the New Europe written by Lorenzo Zucca and published by Cambridge University Press. This book was released on 2012-01-19 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: The return of religion to the public sphere raises various dilemmas. Rights and values, pluralism and identity, justice and efficacy, autonomy and tradition, and integration and toleration cannot always be balanced without the loss of something valuable. This volume of essays tackles such dilemmas from two perspectives. To begin, major contemporary theorists rethink the place of religion in the public sphere from republican, liberal and critical-theoretical viewpoints. Contributors then bring together theory and practice to better conceptualize and assess the latest developments in European jurisprudence with respect to religion.
Book Synopsis Religion and the Public Order of the European Union by : Ronan McCrea
Download or read book Religion and the Public Order of the European Union written by Ronan McCrea and published by OUP Oxford. This book was released on 2010-10-07 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ronan McCrea offers the first comprehensive account of the role of religion within the public order of the European Union. He examines the facilitation and protection of individual and institutional religious freedom in EU law and the means through which the Union facilitates religious input and influence over law. Identifying the limitations on religious influence over law and politics that have been required by the Union, it demonstrates how such limitations have been identified as fundamental elements of the public order and prerequisites EU membership. The Union seeks to balance its predominantly Christian religious heritage with an equally strong secular and humanist by facilitating religion as a form of cultural identity while simultaneously limiting its political influence. Such balancing takes place in the context of the Union's limited legitimacy and its commitment to respect for Member State cultural autonomy. Deference towards the cultural role of religion at Member State level enables culturally-entrenched religions to exercise a greater degree of influence within the Union's public order than "outsider" faiths that lack a comparable cultural role. Placing the Union's approach to religion in the context of broader historical and sociological trends around religion in Europe and of contemporary debates around secularism, equal treatment, and the role of Islam in Europe, McCrea sheds light on the interaction between religion and EU law in the face of a shifting religious demographic.
Book Synopsis Religion, Politics and Law in the European Union by : Lucian N. Leustean
Download or read book Religion, Politics and Law in the European Union written by Lucian N. Leustean and published by Routledge. This book was released on 2013-09-13 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU enlargement - to countries in Central and Eastern Europe in 2004, the inclusion of Bulgaria and Romania in 2007, and increasing debates on Turkey’s membership - has dramatically transformed the European Union into a multi-religious space. Religious communities are not only shaping identities but are also influential factors in political discourse. This edited volume examines the activities of religious actors in the context of supranational European institutions and the ways in which they have responded to the idea of Europe at local and international levels. By bringing together scholars working in political science, history, law and sociology, this volume analyses key religious factors in contemporary EU architecture, such as the transformation of religious identities, the role of political and religious leaders, EU legislation on religion, and, the activities of religious lobbies. This book was published as a special issue of Religion, State and Society.
Book Synopsis Religion and State in Secular Europe Today by : Jelle Creemers
Download or read book Religion and State in Secular Europe Today written by Jelle Creemers and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relation between religion and state in modern European history is characterized by a dual exercise: safeguarding freedom of religion for all citizens and simultaneously guaranteeing civil governance free from domination by religious authorities. While both religion and state have potential power to suppress personal freedom and development and to keep societies in a deadlock, the present volume notes that in recent decades political and academic discourse has increasingly focused on the potential negative influence of religion. By consequence, historical attitudes of benevolence of European states towards religion are replaced by suspicion and historical religion-state relations are questioned and torn down. Meanwhile, a so-called secular humanist worldview is presented in the public arena as not just an alternative to religions, but as actually superior to religious worldviews. In this cross-disciplinary volume, ten scholars critically scrutinize these developments in two sections. First, theoretical considerations aim to rethink what healthy relations between religion and state should look like in contemporary secularized Europe. Ongoing negotiations on the meaning of terms such as secularity, neutrality and laicité are analyzed and the purview of the right to religious freedom is reconsidered. Second, case studies from throughout Europe demonstrate the effects of past and ongoing societal developments on religious agents and their communities, which seek to take up their place in society. As a joint effort, this book aims to contribute to ongoing scholarly debate, not by providing simple and direct answers, but by asking questions and offering nuanced perspectives on the topics at hand.
Book Synopsis Law, Religious Freedoms and Education in Europe by : Myriam Hunter-Henin
Download or read book Law, Religious Freedoms and Education in Europe written by Myriam Hunter-Henin and published by Routledge. This book was released on 2016-04-22 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection considers how contemporary cultural and religious diversity challenges and redefines national constitutional and legal frameworks and concepts, within the context of education. It offers a critical reflection on the extent and meanings given to religious freedom in education across Europe. The contributions deal primarily with Western Europe although the book also includes a study of the US vibrant debates on Creationism. This volume considers issues such as religious expression, faith schooling and worship in schools, in a multidisciplinary and comparative approach. The book first examines key concepts, before presenting national models of religion and education in Europe and analyzing case studies relating to religious symbols worn at school and to the teaching of religious education. Legal questions are examined in a wider context, in the light of the intentions of state policy and of current national and transnational debates. Controversies on the legal implications of personal and national identities are for example analyzed. From a comparative perspective, the chapters examine the possible converging power of human rights and anti-discrimination discourses and reveal the difficulties and risks involved in seeking to identify the best model for Europe. This topical study of a highly sensitive area of education presents a valuable insight for students, researchers and academics with an interest in cultural and religious diversity, human rights and education.
Book Synopsis Freedom of Religion by : Renáta Uitz
Download or read book Freedom of Religion written by Renáta Uitz and published by Council of Europe. This book was released on 2007-01-01 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Universal Declaration of Human Rights and the European Convention on Human Rights proclaim that everyone has the right to freedom of thought, conscience and religion, including freedom to manifest their religion or belief in worship, teaching, practice and observance. Even today, in democratic societies too, this fundamental right is still sometimes restricted and meets with hostility and intolerance. Using concrete examples, the author compares and analyzes the protection of the right to freedom of religion in the case-law of European constitutional courts and of the European Court of Human Rights of the Council of Europe, in order to establish whether there is such a thing as general European law in this sphere.--Publisher's description.
Book Synopsis Legitimacy Gap by : Vincent Depaigne
Download or read book Legitimacy Gap written by Vincent Depaigne and published by Oxford University Press. This book was released on 2017-08-25 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an account and explanation of a fundamental dilemma facing secular states: the 'legitimacy gap' left by the withdrawal of religion as a source of legitimacy. Legitimacy represents a particular problem for the secular state. The 'secular' in all its manifestations is very much linked to the historical rise of the modern state. It should not be seen as a category that separates culture and religion from politics, but rather as one that links these different dimensions. In the first part of the book, Depaigne explains how modern constitutional law has moved away from a 'substantive' legitimacy, based in particular on natural law, towards a 'procedural' legitimacy based on popular sovereignty and human rights. Depaigne examines three case studies of constitutional responses to legitimacy challenges which articulate the three main sources of 'procedural' legitimacy (people, rights, and culture) in different ways: the 'neutral model' (constitutions based on the 'displacement of culture'); the 'multicultural model' (constitutions based on diversity and pluralism); and the 'asymmetric model' (constitutions based on tradition). Even if secularization can be considered European in its origin, it is best seen today as a global phenomenon, which needs to be approached by taking into account the particular cultural dimension in which it is rooted. Depaigne's detailed study shows how secularization has moved either towards 'nationalization' linked to a particular national identity (as in France and, to some extent, in India)-or towards 'de-secularization', whereby secularism is displaced by particular cultural norms, as in Malaysia.
Book Synopsis Religion in an Expanding Europe by : Timothy A. Byrnes
Download or read book Religion in an Expanding Europe written by Timothy A. Byrnes and published by Cambridge University Press. This book was released on 2006-03-23 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: With political controversies raging over issues such as the wearing of headscarves in schools and the mention of Christianity in the European Constitution, religious issues are of growing importance in European politics. In this volume, Byrnes and Katzenstein analyze the effect that enlargement to countries with different and stronger religious traditions may have on the EU as a whole, and in particular on its homogeneity and assumed secular nature. Looking through the lens of the transnational religious communities of Catholicism, Orthodoxy and Islam, they argue that religious factors are stumbling blocks rather than stepping stones toward the further integration of Europe. All three religious traditions are advancing notions of European identity and European union that differ substantially from how the European integration process is generally understood by political leaders and scholars. This volume makes an important addition to the fields of European politics, political sociology, and the sociology of religion.
