Religious rights
In: International library of essays on rights
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In: International library of essays on rights
In: Filosofía y derecho
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In: King's College London Law School Research Paper No. 2018-22
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Working paper
In: Ethics & international affairs, Band 30, Heft 4, S. 491-499
ISSN: 1747-7093
In: Law & ethics of human rights, Band 10, Heft 1, S. 157-183
ISSN: 1938-2545
Abstract
The article argues that secularism in Europe needs to be fundamentally reconsidered. Everywhere European secular states face a double threat: On one hand fundamentalist religion, on the other negative secularism. Firstly, the paper explains negative secularism and the reason it is a problem rather than an asset. It then elaborates a new conception of positive secularism that can be understood either as a political or as an ethical project. Either way, the point of positive secularism is to distance itself from religion in order to embrace diversity of all types, religious and non-religious. Political secularism, however, relies on an elusive hope of reaching overlapping consensus between religious and non-religious people. Ethical secularism aims instead to protect diversity by promoting the establishment of a marketplace of religions, which acknowledges a public role for religion while regulating it. The marketplace of religions promotes religious pluralism and helps to iron out the different treatments between religions. Ethical secularism aims to be a worldview of worldviews that creates the preconditions for all religious and non-religious people to live well together.
In: Zucca , L 2016 , ' A Secular Manifesto for Europe ' The Law & Ethics of Human Rights , vol 10 , no. 1 , pp. 157-183 . DOI:10.1515/lehr-2016-0006
The article argues that secularism in Europe needs to be fundamentally reconsidered. Everywhere European secular states face a double threat: On one hand fundamentalist religion, on the other negative secularism. Firstly, the paper explains negative secularism and the reason it is a problem rather than an asset. It then elaborates a new conception of positive secularism that can be understood either as a political or as an ethical project. Either way, the point of positive secularism is to distance itself from religion in order to embrace diversity of all types, religious and non-religious. Political secularism, however, relies on an elusive hope of reaching overlapping consensus between religious and non-religious people. Ethical secularism aims instead to protect diversity by promoting the establishment of a marketplace of religions, which acknowledges a public role for religion while regulating it. The marketplace of religions promotes religious pluralism and helps to iron out the different treatments between religions. Ethical secularism aims to be a worldview of worldviews that creates the preconditions for all religious and non-religious people to live well together.
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In: TLI Think! Paper 15/2016
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Working paper
In: Zucca , L 2015 , ' A Genealogy of State Sovereignty ' , Theoretical Inquiries in Law , vol. 16 , no. 2 , pp. 399-422 . https://doi.org/10.1515/til-2015-106
A genealogical account of state sovereignty explores the ways in which the concept has emerged, evolved, and is in decline today. Sovereignty has a theological foundation, and is deeply bound up with the idea of God, in particular a voluntarist God, presented as being capable of intervening directly in the world. Religious conflicts in the sixteenth and seventeenth centuries forced the separation between religion and politics, and opened the space for the emergence of a national state endowed with sovereignty which has dominated the world until now. Today's rise of international and transnational obligations challenges the conventional understanding of state sovereignty, which cannot account for the normative density of the global order and the corresponding decline of state-based political authority. In order to explain that, I contrast two competing understandings of state sovereignty: a static one and a dynamic one. The static understanding regards sovereignty as absolute within the state territory. The dynamic understanding regards sovereignty as evolutionary: according to this account, the state is just one possible form that sovereignty can take. I conclude by suggesting that the dynamic understanding of state sovereignty is better suited to explaining the decline of state sovereignty.
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In: Theoretical Inquiries in Law, 2015, Forthcoming
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