This collection of essays explores the complex relationship between religion and multiculturalism and the role of the state and law in the creation of boundaries. Western secular democracies are composed of increasingly religiously diverse populations. The idea of "multiculturalism" was formed as a constructive response to this phenomenon, but, in many areas of the globe, support for multiculturalism is challenged by attempts to preserve the cultural and legal norms of the majority. The State of Israel offers a particularly pertinent case study, and is a central focus of this collection. The contributors to this volume address the concepts of religious difference and diversity, as well as the various ways in which states and legal systems understand and respond to them. Mapping the Legal Boundaries of Belonging shows that, as a consequence of a purportedly secular human rights perspective, state laws may appear to define religious identity in a way that contradicts the definition found within a particular religion.
Both state and religion make the same mistake, however, if they take a court decision that emphasizes individual belief and practice as a direct modification of a religious norm: the court lacks the power to change the internal authoritative definition of who belongs to a particular faith. Similarly, in the pursuit of a particular model of social diversity, the state may adopt policies that imply a particular private/public distinction foreign to some religious traditions. This volume, which includes contributions from leading scholars in the field, will be an invaluable resource to anyone seeking to understand the legal meaning and impact of religious diversity.
Rene Provost is Associate Professor of Law at McGill University, and founder and former Director of the McGill Centre for Human Rights and Legal Pluralism.
Preface ; Contributors ; Introduction - Let Us Compare Mythologies, Caylee Hong and Rene Provost ; Part I - Multiculturalism and Western Secularism ; Chapter 1 - The Christian Roots of the Secular State, Silvio Ferrari ; Chapter 2 - Conflicting Visions of Political Space, Suzanne Last Stone ; Chapter 3 - Human Rights and Secularism: Arendt, Asad and Milbank as Critics of the Secular Foundations of Human Rights, Shai Lavi ; Part II - Multiculturalism and Religious Freedom as Swords or Shields ; Chapter 4 - Religious Freedom as 'Reflexive Law', Ino Augsberg ; Chapter 5 - The Distinctiveness of Religious Liberty, Victor M. Muniz-Fraticelli ; Part III - Negotiating Identity Between State and Religion ; Chapter 6 - 'Inside Out/ Outside In': Co-Existence and Cross-Pollination of Religion and State, Shauna Van Praagh ; Chapter 7 - Who Is a Jew and The Law - Between London and Jerusalem, Daphne Barak-Erez ; Part IV - Whose Voice? Which Truth? One or Many? ; Chapter 8- A Dialogue Between a Liberal and an Ultra-Orthodox on the Exclusion of Women from Torah Study, Menachem Mautner ; Chapter 9 - Religious Claims as Public Reason? Polygamy as a Case Study, Angela Campbell ; Part V - Multiculturalism, Religion and the Geography of Power ; Chapter 10 - The Multicultural Nature of the Religious Accommodations for the Palestinian-Arab Minority in Israel: A Curse or a Blessing?, Michael M. Karayanni ; Chapter 11 - Localizing Religion in a Jewish State, Yishai Blank ; Bibliography ; Index