Law vs Religion
LAW, STATE AND RELIGION IN THE NEW EUROPE: DEBATES AND DILEMMAS, Camil Ungureanu, Lorenzo Zucca, eds., CUP, 2010
18 Pages Posted: 15 Apr 2009
Date Written: April 15, 2009
This paper deals with the conflict between Law and Religion in Europe. It analyzes various types of conflicts that arise between those two normative systems and offers a typology of those conflicts. Illustrations of those conflicts include the role played by courts in adjudicating conflicts of rights to religious freedom and other rights; the role of the newly established Muslim Arbitration Tribunal; issues of conflict of laws dealing with the validity of poligamous marriages; and relation between State and Church. After presenting those conflicts, the paper proposes innovative ways to understand those problems in order to dispel those conflicts rather than adjudicating them.
Keywords: Law, Religion, Legal Theory, Legal Philosophy, Politics, Church, State, Conflicts, Arbitration, Fundamental Rights, Islamophobia, Freedom of Religion, Secularism, Toleration, Comparative Constitutional Law, European Law, International Law
Suggested Citation: Suggested Citation