Religion, Secularism, and Constitutional Democracy

Paperback | December 22, 2015

EditorJean L. Cohen, Cécile Laborde

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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.

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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 r...

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 Legitima...

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Format:PaperbackDimensions:464 pages, 9 × 6 × 0.68 inPublished:December 22, 2015Publisher:Columbia University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0231168713

ISBN - 13:9780231168717

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Table of Contents

Introduction, by Jean L. CohenPart I: Freedom of Religion or Human Rights1. Religious Freedom and the Fate of Secularism, by Samuel Moyn2. Religion: Ally, Threat, or Just Religion?, by Anne Phillips3. Regulating Religion Beyond Borders: The Case of FGM/C, by Yasmine Ergas4. Pluralism vs. Pluralism: Islam and Christianity in the European Court of Human Rights, by Christian JoppkePart II: Non-Establishments and Freedom of Religion5. Rethinking Political Secularism and the American Model of Constitutional Dualism, by Jean L. Cohen6. Is European Secularism Secular Enough?, by Rajeev Bhargava7. State-Religion Connections and Multicultural Citizenship, by Tariq Modood8. Breaching the Wall of Separation, by Denis Lacorne9. Transnational Nonestablishment (Redux), by Claudia HauptPart III: Religion, Liberalism, and Democracy10. Liberal Neutrality, Religion, and the Good, by Cécile Laborde11. Religious Arguments and Public Justification, by Aurelia Bardon12. Religious Truth and Democratic Freedom: A Critique of the Religious Discourse of Anti-Relativism, by Carlo Invernizzi Accetti13. Republicanism and Freedom of Religion in France, by Michel TroperPart IV: Sovereignty and Legal Pluralism in Constitutional Democracies14. Sovereignty and Religious Norms in the Secular Constitutional State, by Dieter Grimm15. Religion and Minority Legal Orders, by Maheila Malik16. The Intersection of Civil and Religious Family Law in the U.S. Constitutional Order: A Mild Legal Pluralism, by Linda C. McClain17. Religion-Based Legal Pluralism and Human Rights in Europe, by Alicia Cebada RomeroConclusion: Is Religion Special?ContributorsIndex

Editorial Reviews

This volume is practically a 'who's-who' of the very top scholars writing on religion, secularism, and cultural pluralism. It sits at the cutting edge of debates in all of these fields and will be required reading in seminar rooms across North America and Europe.