Table Of ContentLAW 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
