Law, religion, and secular order

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Abstract

This article compares the law and religion jurisprudence of the us Supreme Court and the European Court of Human Rights across three legal areas: religious symbols and religion-state relations, individual religious freedom, and institutional religious freedom or freedom of the church. Particular focus is given to the manner in which this jurisprudence reveals the underlying structure and meaning of the secular. Although there continues to be significant jurisprudential diversity between these two courts and across these legal areas, there is also emerging a shared accounting of religion, secularity, and moral order in the late modern West.

Original languageEnglish
Pages (from-to)104-127
Number of pages24
JournalJournal of Law, Religion and State
Volume7
Issue number1
DOIs
Publication statusPublished - 1 Jan 2019

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Keywords

  • European Court of Human Rights
  • Religious autonomy
  • Religious freedom
  • Religious symbols
  • Secular
  • United States Supreme Court

ASJC Scopus subject areas

  • Religious studies
  • Sociology and Political Science
  • Law

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