Religious Symbols and the Intervention of the Law: Symbolic Functionality in Pluralist States

Description

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 takes a multidisciplinary approach drawing on the psychology and sociology of religion and symbols, in order to examine how this could help inform the law. Cover Half Title Series Page Title Page Copyright Page Dedication Table of Contents List of figures Table of cases Acknowledgments Foreword PART I: Religious Symbols in a Socio-Historical Context 1. Introduction 1.1 Context and background of the study 1.2 Method, theoretical framework and preliminary considerations 1.3 Outline structure Notes References 2. A multidisciplinary approach to the definition of religious manifestation 2.1 Introduction 2.2 Manifestation of religious belief and symbols 2.3 The interaction between religious symbols and the law 2.4 Judicial interpretation of symbols 2.5 Concluding remarks: what do we learn from juxtaposing legal and social definitions of manifestation of belief? Notes References 3. Historical origin and significance of religious symbols 3.1 Introduction 3.2 Definitions 3.3 Early forms of religious beliefs, symbols and rituals 3.4 Symbols in ancient civilisations: The Egyptians and the Americans 3.5 Symbols in modern religions 3.6 Origin of Religious Freedom as a Human Right 3.7 Concluding remarks Notes References 4. Religious symbols in contemporary pluralist states 4.1 Introduction 4.2 The revival of religious symbols: from secularisation to pluralism 4.3 The influence of religion in the public sphere 4.4 The transformation of religion 4.5 Symbols’ encounter with the law: the ‘juridification’ of symbols 4.6 Religious symbols, individuals and the building of contemporary identities 4.7 Concluding remarks on the function of symbols in contemporary pluralist states Notes References PART II: Religious Symbols and the Law in 21st Century Pluralist States 5. France and laïcité 5.1 Introduction 5.2 The French Constitution and republicanism 5.3 The Law of 1905 separating church and state: from neutrality to laïcité 5.4 The Law of 2004 on manifestation of belief at school 5.5 Socio-political context: Law of 2004 5.6 The impact of the Law of 2004 5.7 The Law of 11 October 2010: prohibition of full face covers in public spaces 5.8 Laïcité and employment Notes References 6. England and the established church 6.1 Introduction 6.2 Church–state relations in England 6.3 Religious freedom in England before the Human Rights Act 6.4 Religious symbols in English Schools 6.5 The Human Rights Act 1998 and schools 6.6 English courts’ approach to manifestation of belief at school 6.7 The Equality Act 2010 and employment cases Notes References 7. The United States and tolerant neutrality 7.1 Introduction 7.2 Religious freedom within the American Constitution 7.3 The Establishment Clause 7.4 The Supreme Court and the Establishment Clause 7.5 Religion and schools 7.6 Religious manifestation in the workplace 7.7 Reflections on country approaches Notes References PART III: The Future of Religious Symbols and the Law in 21st Century Pluralist States 8. Accommodations of minorities and the limitations of pluralist states 8.1 Introduction 8.2 The limitations of current judicial approaches 8.3 Theoretical justifications for religious freedom 8.4 The debate on religious accommodations 8.5 Protecting religious practice without religious freedom 8.6 Towards a more holistic judicial approach to religious manifestation Notes References 9. Conclusion Index