A Secular Europe
A Secular Europe

Author: Lorenzo Zucca

Publisher: OUP Oxford

Published: 2012-10-11

Total Pages: 240

ISBN-13: 0191644757

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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.

Belief, Law and Politics
Belief, Law and Politics

Author: Marie-Claire Foblets

Publisher: Routledge

Published: 2016-04-15

Total Pages: 313

ISBN-13: 1317175336

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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.

A Secular Europe: Law and Religion in the European Constitutional Landscape
A Secular Europe: Law and Religion in the European Constitutional Landscape

Author: Lorenzo Zucca

Publisher: OUP Oxford

Published: 2012-10-11

Total Pages: 240

ISBN-13: 0191644749

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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.

The Contested Polity
The Contested Polity

Author: Daniel Augenstein

Publisher:

Published: 2012

Total Pages: 0

ISBN-13:

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In the process of European constitutionalism, the European Union continues to struggle for a constitutional identity that can generate widespread support amongst its peoples. This problem has triggered two polarised visions of a 'Christian' versus a 'secular' Europe. While the former contends a renaissance of Christian values as embedded in Europe's national constitutional traditions, the latter stresses the value of secularism as providing an allegedly neutral ground for accommodating religious diversity. I shall argue that both accounts fail to provide an accurate description of the relationship between Christian and secular values in the European states, and to develop a convincing normative vision of a European constitutional identity. More precisely, proponents of an either Christian or secular European constitutional identity misperceive the way Christianity and secularism have mutually influenced each other in the process of nation-building; do not recognise that the European nation-states build on hybrid constitutional traditions that continue to endorse both Christian and secular values; are parasitic on a parochial view of national culture that fails to transcend the normative horizon of the nation-state towards a supra-national European perspective. Distinguishing between 'constitutional identity' and 'constitutional tradition' I submit that a European constitutional identity must define its own stance on the relationship between religious and secular values that is only collaterally connected to Europe's national constitutions: for the purpose of a European constitutional identity, national constitutional traditions cannot serve as justifications for curtailing religious claims for recognition in the European public sphere; at the same time, a European constitutional identity does not encroach on the epistemic core of national constitutional identities. This, finally, nurtures the hope that the European Union will one day live up to its self-perception of an open and pluralistic polity.

Democracy, Law and Religious Pluralism in Europe
Democracy, Law and Religious Pluralism in Europe

Author: Ferran Requejo

Publisher: Routledge

Published: 2014-09-15

Total Pages: 252

ISBN-13: 1317637275

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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.

Law and Religion in Europe
Law and Religion in Europe

Author: Norman Doe

Publisher: OUP Oxford

Published: 2011-08-04

Total Pages: 336

ISBN-13: 0191018937

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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.

Religion, Rights and Secular Society
Religion, Rights and Secular Society

Author: Peter Cumper

Publisher: Edward Elgar Publishing

Published: 2012-01-01

Total Pages: 353

ISBN-13: 178195349X

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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.

Constitutional Secularism in an Age of Religious Revival
Constitutional Secularism in an Age of Religious Revival

Author: Susanna Mancini

Publisher: OUP Oxford

Published: 2014-01-30

Total Pages: 400

ISBN-13: 0191025178

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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.

Religion and the Public Order of the European Union
Religion and the Public Order of the European Union

Author: Ronan McCrea

Publisher: OUP Oxford

Published: 2010-10-07

Total Pages: 315

ISBN-13: 0191616516

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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.

Law, State and Religion in the New Europe
Law, State and Religion in the New Europe

Author: Lorenzo Zucca

Publisher: Cambridge University Press

Published: 2012-01-19

Total Pages: 351

ISBN-13: 0521198100

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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.