Constitutional Secularism in an Age of Religious Revival

Erscheinungsjahr 2014
ISBN: 978-0-19-966038-4
Verlag: Oxford University Press(UK)

Buch, Englisch, 384 Seiten, Format (B × H): 161 mm x 240 mm, Gewicht: 737 g

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.

Autoren/Hrsg.

Rosenfeld, Michel

Mancini, Susanna

Fachgebiete

• Sozialwissenschaften Soziologie | Soziale Arbeit Spezielle Soziologie Religionssoziologie
• Geisteswissenschaften Religionswissenschaft Religionswissenschaft Allgemein Religionssoziologie und -psychologie, Spiritualität, Mystik
• Geisteswissenschaften Religionswissenschaft Alternative Glaubensformen Agnostizismus, Atheismus, Säkularer Humanismus

Inhaltsverzeichnis

- 1: Susanna Mancini and Michel Rosenfeld: Introduction

- Part I: Theoretical Perspectives on the Conflicts between Secularism and Religion

- 2: Dieter Grimm: Conflicts Between General Laws and Religious Norms

- 3: Nadia Urbinati: The Context of Secularism: A Critical Appraisal of the Post-Secular Argument

- 4: Karl-Heinz Ladeur: The Myth of the Neutral State and the Individualization of Religion: The Relationship Between State and Religion in the Face of Fundamentalism

- 5: Andras Sajo: Preliminaries to a Concept of Constitutional Secularism

- 6: Michel Rosenfeld: Recasting Secularism as One Conception of the Good Among Many in a Post-Secular Constitutional Polity

- Part II: Religion, Secularism and the Public Square

- 7: Susanna Mancini: The tempting of Europe, the political seduction of the cross. A Schmittian reading of Christianity and Islam in European constitutionalism

- 8: Pierre Birnbaum: On the Secularization of the Public Square: Jews in France and in the United States

- 9: Michel Troper: Sovereignty and Laïcité

- 10: Lama Abu-Odeh: Egypt's New Constitution: the Islamist Difference

- 11: Ran Hirschl and Ayelet Shachar: The Constitutional Boundaries of Religious Accommodation

- Part III: Religion, Secularism and Women's Equality

- 12: Patrick Weil: Headscarf v. Burqa: Two French bans with different meanings

- 13: John Borneman: Veiling and Women's Intelligibility

- 14: Daphne Barak-Erez: Reproductive Rights in a Jewish and Democratic State

- Part IV: Religious Perspectives and the Liberal State

- 15: Gustavo Zagrebelsky: One among many? The Catholic Church between universalism and pluralism

- 16: Gidi Sapir and Daniel Statman: Religious Marriage in a Liberal State

- 17: Andrew F. March: Are Secularism and Neutrality Attractive to Religious Minorities? Islamic Discussions Of Western Secularism in the 'Jurisprudence of Muslim Minorities' (Fiqh Al-Aqalliyyat) Discourse

- Part V: The Confrontation between Secularism and Religion in Specific Contexts: Education and Free Speech

- 18: Gila Stopler: The Ultra-Orthodox Community in Israel and the Right to an Exclusively Religious Education

- 19: Robert Post: Religion and Freedom of Speech: Portraits of Muhammad

Über Autor(innen)

Susanna Mancini is a Professor of Comparative Constitutional Law at the University of Bologna School of Law and an adjunct professor of international law at the SAIS Johns Hopkins University BC. She is a current visiting profesor at the Central European University (Budapest) and at the B.N. Cardozo School of Law (NYC).

Michel Rosenfeld is the Justice Sydney L. Robbins Professor of Human Rights and director of the Program on Global and Comparative Constitutional Theory at the Benjamin N. Cardozo School of Law, Yeshiva University. He is the co-editor-in-chief of International Journal of Consumer Law and the author or co-editor of numerous books, including Law, Justice, Democracy, and the Clash of Cultures: A Pluralist Account (2010) and most recently with Andras Sajo of the Oxford Handbook of Comparative Constitutional Law.