Il rule of law come problema: le sfide dell'Europa centro-orientale, della Brexit e del Medio Oriente
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Cover Page -- Title Page -- Copyright Page -- Contents -- Foreword -- Acknowledgments -- Introduction -- The Way to Religious Freedom for Muslims in Italy -- Contemporary Tendencies and Growing Tensions in the Field of Religious Freedom -- The Purpose and Structure of the Book -- 1 Islam in Italy -- Islam in Italy and the Emergence of New Issues for Religious Freedom -- Ritual Slaughter -- The Muslim Veil -- A Diverse Mosaic -- 2 The Role of State-Religion Agreements in Italy: An Imperfect Pluralism -- Expanding Religious Freedom: Tension from the Presence of Muslims -- Lights and Shadows of State-Religion Agreements in Italy -- Copycat State-Religion Agreements -- The Outcome and New Perspectives of Italian Religious Freedom Policy -- A New Religious Freedom Law and its Implications for the State-Religion Agreement -- Protecting Religious Freedom in Spain: A Comparison -- 3 Islam and the State: Tradition and Modernization -- The Make-up of the Muslim Presence in Italy: Obstacles to a Unitary Representative Body -- Islamic Tradition and its Regulation in Muslim Countries -- Islam in Europe -- 4 Islam and Relations with the Italian State -- Islam in Italy: Negotiations and Precedents -- The Convenience of State-Religion Agreements -- The Muslim Community in Spain's State-Religion Agreement -- Difficulties -- 5 Making Sense of Religious Freedom for Italian Muslims -- The Deadlock of Religious Freedom for Muslims -- Italian Policies on Religious Freedom and the Muslim Community: An Initial Assessment -- The Need for Guidance -- The Agreement Method and its Implications: Neutrality, Multiculturalism and Beyond -- A Precondition: Religious Freedom and State Neutrality -- 6 The Italian Version of State Neutrality: "Laicità" -- Introduction -- Neutrality and Separation of Church and State in Europe: Constitutions and Legal Studies
In: CISR, Centro italiano per lo sviluppo della ricerca 43
Islam is a growing presence practically everywhere in Europe. In Italy, however, Islam has met a unique model of state neutrality, religious freedom and church and state collaboration. This book gives a detailed description of the legal treatment of Muslims in Italy, contrasting it with other European states and jurisprudence, and with wider global tendencies that characterize the treatment of Islam. Through focusing on a series of case studies, the author argues that the relationship between church and state in Italy, and more broadly in Europe, should be reconsidered both to secure religious freedom and general welfare. Working on the concepts of religious freedom, state neutrality, and relationship between church and state, Andrea Pin develops a theoretical framework that combines the state level with the supranational level in the form of the European Convention of Human Rights, which ultimately shapes a unitary but flexible understanding of pluralism. This approach should better accommodate not just Muslims' needs, but religious needs in general in Italy and elsewhere.
In: Pubblicazioni della Facoltà di Giurisprudenza dell'Università di Padova 175
In: Forthcoming in John Witte, Jr. and Rafael Domingo, eds., The Oxford Handbook on Christianity and Law (Oxford U P, 2023).
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