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Vol 23 No 3 March/April 2018

Book of the Month

Cover of Scamell and Gasztowicz on Land Covenants

Scamell and Gasztowicz on Land Covenants

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Rights, Religious Pluralism and the Recognition of Difference: Off the Scales of Justice

ISBN13: 9781138798922
Published: September 2015
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £98.99
Paperback edition , ISBN13 9781138084339

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Human rights and inclusion are the leading legal paradigms of our time and are considered to be the cornerstone of democracy. In legal discourses on rights, freedom of religion occupies a pivotal position, receiving increasing attention from legal bodies.

This book critically evaluates the emerging legal principles and standards that are applied to religious freedom in Europe. Focusing on religious pluralism as an interpretational principle stemming from attempts to define the boundaries of freedom of religion, it examines the expansion of religious pluralism as an underlying principle of different rights regimes and constitutional traditions. It is, however, the static and liberal shape this principle has assumed that is taken up critically here: in order to address how difference is vulnerable to elimination rather than recognition; and – through the lens of a contemporary ethics of alterity – to reconstruct the possibility of a true religious pluralism.

Human Rights and Civil Liberties

Part I: From Non-Confrontation to Obsession – Religious Pluralism as an Emerging Legal Principle in the European Legal Sphere
1. Council of Europe Bodies and Soft-Law Interpretations of Religious Pluralism
2. The European Court of Human Rights and Application of the Principle
3. The Relevance of Religious Pluralism in the EU legal order
4. Redefining Constitutions – Religious Pluralism as a Consideration of National Legislators

Part II: Three Myths of Inclusion – the Silent Margins of the Other
5. Regulation of Religious Symbols – a European Pandora’s Box
6. Too Far from the Elysian Plains – Registration of New Religious Communities
7. Religions and Reproductive Rights – the Dance of Two Others?

Part III: Human Rights, Religious Pluralism and Law’s Other
8. The Truth about the Dissident – Who is Law’s Other?
9. A Difficult Relationship – Law’s Other and the Ethical Other
10. The Paradigm of Inclusion and Law’s Potential for Exclusion
11. Repairing Utopia – Between Rights and Responsibility
12. Conclusion – What Pluralism for Which Other?