Law and Religion in the 21st Century: Relations between States and Religious Communities PDF
Preview Law and Religion in the 21st Century: Relations between States and Religious Communities
LAW AND RELIGION IN THE 21ST CENTURY Cultural Diversity and Law Series Editor: Prakash Shah, School of Law, Queen Mary, University of London, UK Around the world, most states are faced with difficult issues arising out of cultural diversity in their territories. Within the legal field, such issues span across matters of private law through to public and constitutional law. At international level too there is now considerable jurisprudence regarding ethic, religious and cultural diversity. In addition, there are several layers of legal control – from communal and religious regulation to state and international regulation. This multiplicity of norm setting has been variously termed legal pluralism, inter-legality or inter-normativity and provides a fascinating lens for academic analysis that links up to cultural diversity in new and interesting ways. The umbrella of cultural diversity encompasses various population groups throughout the world ranging from national, ethnic, religious or indigenous groupings. This series particularly welcomes work that is of comparative interest, concerning various state jurisdictions as well as different population groups. Also in the series Muslim Marriage in Western Courts Lost in Transplantation Pascale Fournier ISBN 978-1-4094-0441-5 Shari‘a As Discourse Legal Traditions and the Encounter with Europe Edited by Jørgen S. Nielsen and Lisbet Christoffersen ISBN 978-0-7546-7955-4 Legal Practice and Cultural Diversity Edited by Ralph Grillo, Roger Ballard, Alessandro Ferrari, André J. Hoekema, Marcel Maussen and Prakash Shah ISBN 978-0-7546-7547-1 Law and Religion in the 21st Century Relations between States and Religious Communities Edited by SILVIO FERRARI University of Milan, Italy and RINALDO CRISTOFORI University of Milan, Italy First published 2010 by Ashgate Publishing Published 2016 by Routledge 2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN 711 Third Avenue, New York, NY 10017, USA Routledge is an imprint of the Taylor & Francis Group, an informa business Copyright © Silvio Ferrari and Rinaldo Cristofori 2010 Silvio Ferrari and Rinaldo Cristofori have asserted their right under the Copyright, Designs and Patents Act, 1988, to be identified as the editors of this work. All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. Notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe. British Library Cataloguing in Publication Data Law and religion in the 21st century : relations between states and religious communities. -- (Cultural diversity and law) 1. Religion and law--History--21st century. 2. Religion and state--History--21st century. 3. Church and state-- History--21st century. 4. Freedom of religion--History-- 21st century. I. Series II. Ferrari, Silvio. III. Cristofori, Rinaldo. 342'.0852-dc22 Library of Congress Cataloging-in-Publication Data Law and religion in the 21st century : relations between states and religious communities / by Silvio Ferrari and Rinaldo Cristofori. p. cm. Includes index. Proceedings of the first Conference of the International Consortium for Law and Religion Studies, held in Milan in January 2007. ISBN 978-1-4094-1143-7 (hbk) 1. Religion and state--Congresses. 2. Church and state--Europe--Congresses. I. Ferrari, Silvio. II. Cristofori, Rinaldo. III. International Consortium for Law and Religion Studies. K3280.L3933 2010 342.08'52--dc22 2010025853 ISBN 9781409411437 (hbk) ISBN 9781315591506 (ebk) Contents List of Figures ix List of Tables xi List of Contributors xiii Preface xvii List of Abbreviations xix 1 A Perspective from the Sociology of Religion 1 Grace Davie PART I PATTERNS OF LAW AND RELIGION 15 2 State and Religion in South Africa: Open Issues and Recent Developments 17 Lourens M. du Plessis 3 States and Religions in West Africa: Problems and Perspectives 33 Fatou Kiné Camara 4 Religious Communities and the State in Modern India 53 Tahir Mahmood 5 State and Religion in Japan: Yasukuni Shrine as a Case Study 65 Hiroaki Kobayashi 6 Religion and the State in the United States at the Turn of the Twenty-first Century 79 W. Cole Durham Jr. and Robert T. Smith 7 Religions and Law: Current Challenges in Latin America 111 Juan Navarro Floria PART II LAW AND RELIGION IN EUROPE: INTRODUCTION AND CASE STUDIES 129 8 State and Religion in Europe 131 Giuseppe Casuscelli vi Law and Religion in the 21st Century Section I Central and Eastern Europe 9 States and Religions in Post-Communist Europe 147 Giovanni Barberini 10 The Recent Developments of Church–State Relations in Central Europe 157 Balázs Schanda 11 Church and State Relations in the Czech Republic and in Slovakia 167 Antonello De Oto Section II Northern Europe 12 States and Churches in Northern Europe: Achieving Freedom and Equality through Establishment 181 Marco Ventura 13 Not Even Believing in Belonging: States and Churches in Five North-European (Post-) Lutheran Countries 187 Lisbet Christoffersen 14 Church and State in the United Kingdom: Anachronism or Microcosm? 199 Mark Hill QC PART III CURRENT DEBATES 211 Section I Freedom of Expression/Freedom of Religion 15 Protection Against Religious Hatred under the United Nations ICCPR and the European Convention System 215 Jeroen Temperman 16 Religious Freedom and Freedom of Expression in France 225 Blandine Chélini-Pont Section II Proselytism: Limits and Guarantees of a Debated Right 17 Proselytism and the Right to Change Religion 243 Asher Maoz 18 Proselytism and the Right to Change Religion in Islam 253 Roberta Aluffi Beck-Peccoz Contents vii 19 Proselytism and the Right to Change Religion in Israel 261 Aviad Hacohen 20 Proselytism and the Right to Change Religion: The Romanian Debate 279 Nicolae Dură Section III Different Approaches to Religious Symbols in Public Spaces 21 Religious Symbols: An Introduction 291 Malcolm D. Evans 22 Religious Symbols between Forum Internum and Forum Externum 297 Peter Petkoff 23 A Brief Introduction to the Religious Symbols Debate in Italy and the United States 305 Adelaide Madera 24 The European Court of Human Rights on Religious Symbols in Public Institutions – A Comparative Perspective: Maximum Protection of the Freedom of Religion through Judicial Minimalism? 313 Hans-Martien Th. D. ten Napel and Florian H.K. Theissen 25 Civil Religion and Religious Symbols in Public Institutions in Russia 323 Elena Miroshnikova Section IV The Legal Status of Islam in Western States 26 The Current Debate on Islam 333 Mathias Rohe 27 Canadian Muslim Women and Resolution of Family Conflicts: An Empirical Qualitative Study (2005–2007) 339 Anne Saris and Jean-Mathieu Potvin 28 The Implementation of the 1992 Agreement in Spain 349 Carmen Garcimartín 29 Islam at the Threshold 359 Andrea Pin viii Law and Religion in the 21st Century 30 Conclusion 369 Silvio Ferrari Index 377 List of Figures 6.1 Free exercise protection prior to Smith 81 6.2 Free exercise protection after Smith 84 6.3 Restored religious freedom protection after the RFRA 85 6.4 Free exercise-type protection after Boerne 86 6.5 Free exercise protection after federal legislative enactments 87 6.6 State-by-state approach to free exercise 93 6.7 Additional measure of free exercise protection re-established 95 6.8 Possible enhanced free exercise protections 96
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