Religion, Secularism, and Constitutional Democracy (Religion, Culture, and Public Life Book 20)

Polarization between political religionists and militant secularists on both sides of the Atlantic is on the rise. Critically engaging with traditional secularism and religious accommodationism, this collection introduces a constitutional secularism that robustly meets contemporary challenges. It identifies which connections between religion and the state are compatible with the liberal, republican, and democratic principles of constitutional democracy and assesses the success of their implementation in the birthplace of political secularism: the United States and Western Europe. Approaching this issue from philosophical, legal, historical, political, and sociological perspectives, the contributors wage a thorough defense of their project's theoretical and institutional legitimacy. Their work brings fresh insight to debates over the balance of human rights and religious freedom, the proper definition of a nonestablishment norm, and the relationship between sovereignty and legal pluralism. They discuss the genealogy of and tensions involving international legal rights to religious freedom, religious symbols in public spaces, religious arguments in public debates, the jurisdiction of religious authorities in personal law, and the dilemmas of religious accommodation in national constitutions and public policy when it violates international human rights agreements or liberal-democratic principles. If we profoundly rethink the concepts of religion and secularism, these thinkers argue, a principled adjudication of competing claims becomes possible. ABOUT THE AUTHOR Jean L. Cohen is the Nell and Herbert Singer Professor of Political Theory at Columbia University. She is the coauthor of Civil Society and Political Theory and the author of Class and Civil Society: The Limits of Marxian Critical Theory; Regulating Intimacy: A New Legal Paradigm; and Globalization and Sovereignty: Rethinking Legitimacy and Legality. Cécile Laborde is a professor of political theory at University College London and a fellow of the British Academy. She is the author of Pluralist Thought and the State in Britain and France and Critical Republicanism: The Hijab Controversy and Political Philosophy. Polarization Between Political Religionists And Militant Secularists On Both Sides Of The Atlantic Is On The Rise. Critically Engaging With Traditional Secularism And Religious Accommodationism, This Collection Introduces A Constitutional Secularism That Robustly Meets Contemporary Challenges. It Identifies Which Connections Between Religion And The State Are Compatible With The Liberal, Republican, And Democratic Principles Of Constitutional Democracy And Assesses The Success Of Their Implementation In The Birthplace Of Political Secularism: The United States And Western Europe. Approaching This Issue From Philosophical, Legal, Historical, Political, And Sociological Perspectives, The Contributors Wage A Thorough Defense Of Their Project's Theoretical And Institutional Legitimacy. Their Work Brings Fresh Insight To Debates Over The Balance Of Human Rights And Religious Freedom, The Proper Definition Of A Nonestablishment Norm, And The Relationship Between Sovereignty And Legal Pluralism. They Discuss The Genealogy Of And Tensions Involving International Legal Rights To Religious Freedom, Religious Symbols In Public Spaces, Religious Arguments In Public Debates, The Jurisdiction Of Religious Authorities In Personal Law, And The Dilemmas Of Religious Accommodation In National Constitutions And Public Policy When It Violates International Human Rights Agreements Or Liberal-democratic Principles. If We Profoundly Rethink The Concepts Of Religion And Secularism, These Thinkers Argue, A Principled Adjudication Of Competing Claims Becomes Possible.-- Pt. I. Freedom Of Religion Or Human Rights. Religious Freedom And The Fate Of Secularism / Samuel Moyn -- Religion : Ally, Threat, Or Just Religion? / Anne Phillips -- Regulating Religion Beyond Borders : The Case Of Fgm/c / Yasmine Ergas -- Pluralism Vs. Pluralism : Islam And Christianity In The European Court Of Human Rights / Christian Joppke -- Pt. Ii. Nonestablishments And Freedom Of Religion. Rethinking Political Secularism And The American Model Of Constitutional Dualism / Jean L. Cohen -- Is European Secularism Secular Enough? / Rajeev Bhargava -- State-religion Connections And Multicultural Citizenship / Tariq Modood -- Breaching The Wall Of Separation / Denis Lacorne -- Transnational Nonestablishment (redux) / Claudia E. Haupt -- Pt. Iii. Religion, Liberalism, And Democracy. Liberal Neutrality, Religion, And The Good / Cécile Laborde -- Religious Arguments And Public Justification / Aurélia Bardon -- Religious Truth And Democratic Freedom : A Critique Of The Religious Discourse Of Anti-relativism / Carlo Invernizzi Accetti -- Republicanism And Freedom Of Religion In France / Michel Troper -- Pt. Iv. Sovereignty And Legal Pluralism In Constitutional Democracies. Sovereignty And Religious Norms In The Secular Constitutional State / Dieter Grimm -- Religion And Minority Legal Orders / Maleiha Malik -- The Intersection Of Civil And Religious Family Law In The U.s. Constitutional Order : A Mild Legal Pluralism / Linda C. Mcclain -- Religion-based Legal Pluralism And Human Rights In Europe / Alicia Cebada Romero -- Conclusion : Is Religion Special? / Cécile Laborde. Edited By Jean L. Cohen & Cécile Laborde. Includes Bibliographical References And Index. Présentation de l'éditeur : "Polarization between political religionists and militant secularists on both sides of the Atlantic is on the rise. Critically engaging with traditional secularism and religious accommodationism, this collection introduces a constitutional secularism that robustly meets contemporary challenges. It identifies which connections between religion and the state are compatible with the liberal, republican, and democratic principles of constitutional democracy and assesses the success of their implementation in the birthplace of political secularism: the United States and Western Europe. Approaching this issue from philosophical, legal, historical, political, and sociological perspectives, the contributors wage a thorough defense of their project's theoretical and institutional legitimacy. Their work brings fresh insight to debates over the balance of human rights and religious freedom, the proper definition of a nonestablishment norm, and the relationship between sovereignty and legal pluralism. They discuss the genealogy of and tensions involving international legal rights to religious freedom, religious symbols in public spaces, religious arguments in public debates, the jurisdiction of religious authorities in personal law, and the dilemmas of religious accommodation in national constitutions and public policy when it violates international human rights agreements or liberal-democratic principles. If we profoundly rethink the concepts of religion and secularism, these thinkers argue, a principled adjudication of competing claims becomes possible." Incorporating philosophical, legal, historical, political, and sociological perspectives, this collection identifies the connections between religion and the state that are compatible with the liberal, republican, and democratic principles of constitutional democracy and assesses the success of their implementation in the birthplace of political secularism: the United States and Western Europe