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Why religious freedom matters for democracy : comparative reflections from Britain and France for a democratic "vivre ensemble" / Myriam Hunter-Henin.

By: Material type: TextTextSeries: Hart studies in comparative public law ; volume 26Publisher: Oxford ; Hart, 2020Distributor: [London, England] : Bloomsbury Publishing, 2020Edition: First editionDescription: 1 online resource (160 pages)Content type:
  • text
Media type:
  • computer
Carrier type:
  • online resource
ISBN:
  • 9781509904778
  • 9781509904754
Subject(s): Genre/Form: Additional physical formats: Print version:: Why religious freedom matters for democracyDDC classification:
  • 342.4108/52 23
LOC classification:
  • KJC5156 .H778 2020eb
Online resources: Also published in print.
Contents:
Introduction -- Contextual Analyses : Laïcité and the Democratic Vivre Ensemble -- Contextual Analyses : The English Experience of Vivre Ensemble -- Conceptual Framework : The Liberal Democratic Vivre Ensemble -- Lessons from Achbita -- Beyond Achbita : Possible Ways Forward -- Conclusion.
Summary: "Should an employee be allowed to wear a religious symbol at work? Should a religious employer be allowed to impose constraints on employees' private lives for the sake of enforcing a religious work ethos? Should an employee or service provider be allowed, on religious grounds, to refuse to work with customers of the opposite sex or of a same-sex sexual orientation? This book explores how judges decide these issues and defends a democratic approach, which is conducive to a more democratic understanding of our vivre ensemble. The normative democratic approach proposed in this book is grounded on a sociological and historical analysis of two national stories of the relationships between law, religion, diversity and the State, the British (mainly English) and the French stories. The book then puts the democratic paradigm to the test, by looking at cases involving clashes between religious freedoms and competing rights in the workplace. Contrary to the current alternative between the "accommodationist view", which defers to religious requests, and the "analogous" view, which undermines the importance of religious freedom for pluralism, this book offers a third way. It fills a gap in the literature on the relationships between law and religious freedoms and provides guidelines for judges confronted with difficult cases"-- Provided by publisher.
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Includes bibliographical references and index.

Introduction -- Contextual Analyses : Laïcité and the Democratic Vivre Ensemble -- Contextual Analyses : The English Experience of Vivre Ensemble -- Conceptual Framework : The Liberal Democratic Vivre Ensemble -- Lessons from Achbita -- Beyond Achbita : Possible Ways Forward -- Conclusion.

Abstract freely available; full-text restricted to individual document purchasers.

"Should an employee be allowed to wear a religious symbol at work? Should a religious employer be allowed to impose constraints on employees' private lives for the sake of enforcing a religious work ethos? Should an employee or service provider be allowed, on religious grounds, to refuse to work with customers of the opposite sex or of a same-sex sexual orientation? This book explores how judges decide these issues and defends a democratic approach, which is conducive to a more democratic understanding of our vivre ensemble. The normative democratic approach proposed in this book is grounded on a sociological and historical analysis of two national stories of the relationships between law, religion, diversity and the State, the British (mainly English) and the French stories. The book then puts the democratic paradigm to the test, by looking at cases involving clashes between religious freedoms and competing rights in the workplace. Contrary to the current alternative between the "accommodationist view", which defers to religious requests, and the "analogous" view, which undermines the importance of religious freedom for pluralism, this book offers a third way. It fills a gap in the literature on the relationships between law and religious freedoms and provides guidelines for judges confronted with difficult cases"-- Provided by publisher.

Also published in print.

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Mode of access: World Wide Web.

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