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Why religious freedom matters for democracy : comparative reflections from Britain and France for a democratic 'Vivre Ensemble'
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ISBN: 9781509904747 1509904743 1509904751 1509904778 150990476X Year: 2020 Volume: 26 Publisher: Oxford, England : Hart,

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Abstract

Should an employee be allowed to wear a religious symbol at work? Should a religious employer be allowed to impose constraints on employees' private lives for the sake of enforcing a religious work ethos? Should an employee or service provider be allowed, on religious grounds, to refuse to work with customers of the opposite sex or of a same-sex sexual orientation? This book explores how judges decide these issues and defends a democratic approach, which is conducive to a more democratic understanding of our vivre ensemble. The normative democratic approach proposed in this book is grounded on a sociological and historical analysis of two national stories of the relationships between law, religion, diversity and the State, the British (mainly English) and the French stories. The book then puts the democratic paradigm to the test, by looking at cases involving clashes between religious freedoms and competing rights in the workplace. Contrary to the current alternative between the "accommodationist view", which defers to religious requests, and the "analogous" view, which undermines the importance of religious freedom for pluralism, this book offers a third way. It fills a gap in the literature on the relationships between law and religious freedoms and provides guidelines for judges confronted with difficult cases.

Freedom of religion, minorities, and the law
Author:
ISBN: 9780199290628 0199290628 Year: 2007 Publisher: Oxford : Oxford university press,


Book
Religious symbols and the intervention of the law : symbolic functionality in pluralist states
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ISBN: 1315667177 1317357329 1317357310 9781315667171 9781317357308 1317357302 9781317357315 9781317357322 9781138953833 1138953830 9780367727284 0367727285 Year: 2020 Publisher: London : Routledge,

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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.


Book
Islam and the West : the limits of freedom of religion
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ISBN: 3035106851 303519985X 3034305788 9783035106855 9783034305785 Year: 2014 Publisher: Bern, Switzerland : Peter Lang,

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Abstract

Religious Intolerance is on the rise. Debating religious freedom often means debating «West» versus «Islam». This book challenges crucial stereotypes around this issue. It explores the scope of the right to freedom of religion in the International Treaties and Declarations and investigates why this right creates misunderstandings and misconceptions that often lead to intolerance and discrimination in countries of various political, social, and cultural backgrounds. Islam and the West attempts to find reasons for the rise of religious intolerance. The author looks at the limitation of the relig


Book
Legal practice and cultural diversity.
Authors: --- --- --- --- --- et al.
ISBN: 9780754675471 0754675475 9781315250557 9781351922388 9781138267831 Year: 2009 Publisher: Surrey Ashgate


Book
Law, Religious Freedoms and Education in Europe
Authors: ---
ISBN: 9781409427308 9781409427315 9781315591667 9781317107330 9781317107347 9781138261389 1409427315 1409427307 Year: 2011 Publisher: Farnham, Surrey Ashgate Publishing Limited


Book
Human rights in the Polder : human rights and security in the public and private sphere
Authors: ---
ISBN: 9789050957458 9050957455 Year: 2007 Publisher: Antwerpen Oxford : Intersentia,


Book
Law and region : new horizons
Authors: --- ---
ISBN: 9789042921597 9042921595 Year: 2010 Volume: 7 Publisher: Leuven Paris Walpole, MA Peeters

Religious Freedom in the Liberal State
Authors: --- ---
ISBN: 0199253625 9780199253623 Year: 2005 Publisher: Oxford Oxford University Press

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