Constitutional Secularism in an Age of Religious Revival

Hardcover | February 28, 2014

EditorMichel Rosenfeld, Susanna Mancini

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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 andviability 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'sequality. 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.

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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 andviability of the concept. On the one hand, constitu...

Michel Rosenfeld is the Justice Sydney L. Robins 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 Constitutional Law and the author or co-editor of numerous books, i...

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Format:HardcoverDimensions:400 pages, 9.21 × 6.14 × 0.98 inPublished:February 28, 2014Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199660387

ISBN - 13:9780199660384

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Table of Contents

1. Susanna Mancini and Michel Rosenfeld: IntroductionPart I: Theoretical Perspectives on the Conflicts between Secularism and Religion2. Dieter Grimm: Conflicts Between General Laws and Religious Norms3. Nadia Urbinati: The Context of Secularism: A Critical Appraisal of the Post-Secular Argument4. Karl-Heinz Ladeur: The Myth of the Neutral State and the Individualization of Religion: The Relationship Between State and Religion in the Face of Fundamentalism5. Andras Sajo: Preliminaries to a Concept of Constitutional Secularism6. Michel Rosenfeld: Recasting Secularism as One Conception of the Good Among Many in a Post-Secular Constitutional PolityPart II: Religion, Secularism and the Public Square7. Susanna Mancini: The Tempting of Europe, the Political Seduction of the Cross8. Pierre Birnbaum: On the Secularization of the Public Square: Jews in France and in the United States9. Michel Troper: Sovereignty and Laicite10. Lama Abu-Odeh: Egypt's New Constitution: the Islamist Difference11. Ran Hirschl and Ayelet Shachar: The Constitutional Boundaries of Religious AccommodationPart III: Religion, Secularism and Women's Equality12. Patrick Weil: Headscarf v. Burqa: Two French bans with different meanings13. John Borneman: Veiling and Women's Intelligibility14. Daphne Barak-Erez: Reproductive Rights in a Jewish and Democratic StatePart IV: Religious Perspectives and the Liberal State15. Gustavo Zagrebelsky: One among many? The Catholic Church between universalism and pluralism16. Gidi Sapir and Daniel Statman: Religious Marriage in a Liberal State17. 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) DiscoursePart V: The Confrontation between Secularism and Religion in Specific Contexts: Education and Free Speech18. Gila Stopler: The Ultra-Orthodox Community in Israel and the Right to an Exclusively Religious Education19. Robert Post: Religion and Freedom of Speech: Portraits of Muhammad