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Vol 23 No 4 April/May 2018

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Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Edited by: Alexander Learmonth, Charlotte Ford, Julia Clark, John Ross Martyn
Price: £295.00

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Constitutional Secularism in an Age of Religious Revival

Edited by: Susanna Mancini, Michel Rosenfeld

ISBN13: 9780199660384
Published: January 2014
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £73.00



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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 and viability 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's equality. 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.

Subjects:
Constitutional and Administrative Law, Human Rights and Civil Liberties
Contents:
1. Introduction
PART I: THEORETICAL PERSPECTIVES ON THE CONFLICTS BETWEEN SECULARISM AND RELIGION
2. Conflicts Between General Laws and Religious Norms
3. The Context of Secularism: A Critical Appraisal of the Post-Secular Argument
4. The Myth of the Neutral State and the Individualization of Religion: The Relationship Between State and Religion in the Face of Fundamentalism
5. Preliminaries to a Concept of Constitutional Secularism
6. Recasting Secularism as One Conception of the Good Among Many in a Post-Secular Constitutional Polity
PART II: RELIGION, SECULARISM AND THE PUBLIC SQUARE
7. The Tempting of Europe, the Political Seduction of the Cross
8. On the Secularization of the Public Square: Jews in France and in the United States
9. Sovereignty and Laicite
10. Egypt's New Constitution: the Islamist Difference
11. The Constitutional Boundaries of Religious Accommodation
PART III: RELIGION, SECULARISM AND WOMEN'S EQUALITY
12. Headscarf v. Burqa: Two French bans with different meanings
13. Veiling and Women's Intelligibility
14. Reproductive Rights in a Jewish and Democratic State
PART IV: RELIGIOUS PERSPECTIVES AND THE LIBERAL STATE
15. One among many? The Catholic Church between universalism and pluralism
16. Religious Marriage in a Liberal State
17. Are Secularism and Neutrality Attractive to Religious Minorities? Islamic Discussions Of Western Secularism in the 'Jurisprudence of Muslim Minorities' (Fiqh Al-Aqalliyyat) Discourse
PART V: THE CONFRONTATION BETWEEN SECULARISM AND RELIGION IN SPECIFIC CONTEXTS: EDUCATION AND FREE SPEECH
18. The Ultra-Orthodox Community in Israel and the Right to an Exclusively Religious Education
19. Religion and Freedom of Speech: Portraits of Muhammad