Constructing the Secular: Law and Religion Jurisprudence in Europe and the United States

33 Pages Posted: 21 Sep 2014

See all articles by Zachary R. Calo

Zachary R. Calo

Valparaiso University Law School

Date Written: September 2014

Abstract

This paper compares the law and religious jurisprudence of the U.S. Supreme Court and the European Court of Human Rights across three legal areas: individual religious freedom, institutional religious freedom/freedom of the church, and religious symbols/church-state relations. Particular focus is given to the manner in which this jurisprudence reveals the underlying structure and meaning of the secular. While there remains significant jurisprudential diversity between these two courts and across these different legal areas, there is also emerging a shared accounting of religion, secularity, and moral order in the late modern the West. These legal systems will increasingly be defined by their similarities more than their differences.

Keywords: United States Supreme Court; European Court of Human Rights; Religious Freedom; Freedom of the Church; Religious Symbols; Secular; Liberalism

Suggested Citation

Calo, Zachary, Constructing the Secular: Law and Religion Jurisprudence in Europe and the United States (September 2014). Robert Schuman Centre for Advanced Studies Research Paper No. RSCAS 2014/94. Available at SSRN: https://ssrn.com/abstract=2498503 or http://dx.doi.org/10.2139/ssrn.2498503

Zachary Calo (Contact Author)

Valparaiso University Law School ( email )

656 S. Greenwich St.
Valparaiso, IN 46383-6493
United States
219.465.7970 (Phone)

HOME PAGE: http://www.valpo.edu/law/faculty/zcalo

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