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In contemporary pluralist states, where faith communities live together, different religious symbols and practices have to coexist. This may lead to conflicts between certain minority practices and the dominant majority, particularly around the manifestation of belief in the public domain which may be seen both by the religious and secular majorities as a threat to their cultural heritage or against the secular values of the host country. The law has to mitigate those tensions in order to protect the public from harm and preserve order but in doing so, it may where necessary have to limit citizens’ ability to freely manifest their religion. It is those limitations that have been disputed in the courts on grounds of freedom of religion and belief. Religious symbols are often at the heart of legal battles, with courts called upon to consider the lawfulness of banning or restricting certain symbols or practices. This book analyses the relationship between the state, individuals and religious symbols, considering the three main forms of religious expression, symbols that believers wear on their body, symbols in the public space such as religious edifices and rituals that believers perform as a manifestation of their faith. The book looks comparatively at legal responses in England, the U.S.A and France comparing different approaches to the issues of symbols in the public sphere and their interaction with the law. The book considers religious manifestation as a social phenomenon taking a multidisciplinary approach to the question mixing elements of the anthropology, history and sociology of religion in order to provide some context and examine how this could help inform the law.
“What does it mean to see the American landscape in a secular way?” asks Nicolas Howe at the outset of this innovative, ambitious, and wide-ranging book. It’s a surprising question because of what it implies: we usually aren’t seeing American landscapes through a non-religious lens, but rather as inflected by complicated, little-examined concepts of the sacred. Fusing geography, legal scholarship, and religion in a potent analysis, Howe shows how seemingly routine questions about how to look at a sunrise or a plateau or how to assess what a mountain is both physically and ideologically, lead to complex arguments about the nature of religious experience and its implications for our lives as citizens. In American society—nominally secular but committed to permitting a diversity of religious beliefs and expressions—such questions become all the more fraught and can lead to difficult, often unsatisfying compromises regarding how to interpret and inhabit our public lands and spaces. A serious commitment to secularism, Howe shows, forces us to confront the profound challenges of true religious diversity in ways that often will have their ultimate expression in our built environment. This provocative exploration of some of the fundamental aspects of American life will help us see the land, law, and society anew.
This collection brings together legal scholars and Christian theologians for an interdisciplinary conversation responding to the challenges of global migration. Gathering 14 leading scholars from both law and Christian theology, the book covers legal perspectives, theological perspectives, and key concepts in migration studies. In Part 1, scholars of migration law and policy discuss the legal landscape of migration at both the domestic and international level. In Part 2, Christian theologians, ethicists, and biblical scholars draw on the resources of the Christian tradition to think about migration. In Part 3, each chapter is co-authored by a scholar of law and a scholar of Christian theology, who bring their respective resources and perspectives into conversation on key themes within migration studies. The work provides a truly interdisciplinary introduction to the topic of migration for those who are new to the subject; an opportunity for immigration lawyers and legal scholars to engage Christian theology; an opportunity for pastors and Christian theologians to engage law; and new insights on key frameworks for scholars who are already committed to the study of migration.
Clearly presenting the case-law concerning Article 9 of the European Convention of Human Rights, this is a lively and accessible analysis of a key issue in contemporary society: whether there is a human right to wear a religious symbol and how far any such right extends.
Nearly all discussions regarding the role of religion in American life build on two dominant assumptions: first, the separation of church and state is a constitutional principle that promotes democracy and equally protects the religious freedom of all Americans, especially religious outgroups; and second, this principle emerges as a uniquely American contribution to political theory. In Please Don't Wish Me a Merry Christmas, Stephen M. Feldman challenges both these assumptions. He argues that the separation of church and state primarily manifests and reinforces Christian domination in American society. Furthermore, Feldman reveals that the separation of church and state did not first arise in America, either at the time of the constitutional framing or later. In challenging the dominant story of the separation of church and state, Please Don't Wish Me a Merry Christmas follows the historical path of two institutions - the Christian church and the state - from the origins of Christianity forward to the present day. Feldman thus focuses on the workings of power in a specific context: he interprets the development of Christian social power vis-a-vis the state and religious minorities, particularly the prototypical religious outgroup, Jews.
In 1989 three Muslim schoolgirls from a Paris suburb refused to remove their Islamic headscarves in class. The headscarf crisis signaled an Islamic revival among the children of North African immigrants; it also ignited an ongoing debate about the place of Muslims within the secular nation-state. Based on ten years of ethnographic research, The Republic Unsettled alternates between an analysis of Muslim French religiosity and the contradictions of French secularism that this emergent religiosity precipitated. Mayanthi L. Fernando explores how Muslim French draw on both Islamic and secular-republican traditions to create novel modes of ethical and political life, reconfiguring those traditions to imagine a new future for France. She also examines how the political discourses, institutions, and laws that constitute French secularism regulate Islam, transforming the Islamic tradition and what it means to be Muslim. Fernando traces how long-standing tensions within secularism and republican citizenship are displaced onto France's Muslims, who, as a result, are rendered illegitimate as political citizens and moral subjects. She argues, ultimately, that the Muslim question is as much about secularism as it is about Islam.
This book explores relations between state, religion and law in Bosnia and Herzegovina. Historically, multi-religiousness has been a constant feature of the Bosnian polity, from its creation in 12th century until modern times. Since the middle of the 19th Century, Catholics have tended to self-identify as Croats, Orthodox Christians as Serbs, and Muslims as Bosniaks. Moreover, in a region that has undergone significant recent transformation, from the communist to the liberal political system, Bosnia and Herzegovina represents a very interesting case for the study of the relationship between state and religion. This book includes a short overview of historical aspects of these relations and a detailed analysis of the existing constitutional and legal framework on freedom of religion and relations between the state and religious communities. It assesses the actual implementation in practice, including the relevant national courts’ case-law. The work covers both the developments of new legal standards, while also identifying the main obstacles in their implementation. At a time when the region is again the subject of much interest, this book will be essential reading for those working in the areas of Law and Religion, Constitutional Law and Transitional Justice.