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Religious Symbols and the Intervention of the Law - Symbolic Functionality in Pluralist States (Paperback)
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Religious Symbols and the Intervention of the Law - Symbolic Functionality in Pluralist States (Paperback)
Series: Law and Religion
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In contemporary pluralist states, where faith communities live
together, different religious symbols and practices have to
coexist. This may lead to conflicts between certain minority
practices and the dominant majority, particularly around the
manifestation of belief in the public domain which may be seen both
by the religious and secular majorities as a threat to their
cultural heritage or against the secular values of the host
country. The law has to mitigate those tensions in order to protect
the public from harm and preserve order but in doing so, it may
where necessary have to limit citizens' ability to freely manifest
their religion. It is those limitations that have been disputed in
the courts on grounds of freedom of religion and belief. Religious
symbols are often at the heart of legal battles, with courts called
upon to consider the lawfulness of banning or restricting certain
symbols or practices. 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 considers religious manifestation as a social phenomenon
taking a multidisciplinary approach to the question mixing elements
of the anthropology, history and sociology of religion in order to
provide some context and examine how this could help inform the
law.
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