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SILVIO FERRARI Religion and the Public Sphere in the European Legal Systems

SILVIO FERRARI Religion and the Public Sphere in the European Legal Systems. CHANGES. Religion in the European legal systems: a visible, State supported presence (teaching religion at school, public financing of religions, etc.) Elements of change:

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SILVIO FERRARI Religion and the Public Sphere in the European Legal Systems

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  1. SILVIO FERRARI Religion and the Public Sphere in the European Legal Systems

  2. CHANGES Religion in the European legal systems: a visible, State supported presence (teaching religion at school, public financing of religions, etc.) Elements of change: increasing number of European members of no religion: advocating a neutral public sphere increasing number of European members of new religions: advocating a plural public sphere Some mainstream religions opposing both neutral and plural public sphere

  3. PATTERNS Three patterns of ownership of the public sphere • The traditional religion: Italy and the crucifix at school • Secularism: France and the ban of burqa • Human rights: UK and the State definition of who is a Jew … and their weak points

  4. STRATEGIES The transformation of the European public sphere • Ethical, cultural, religious, ethnic pluralization • De - privatization of religion (against Gentili’s “silete theologi in munere alieno”) The context: fear of the decline of Europe. The future is no more here. Remedies: confining more firmly religion in the private sphere, giving the traditional religion the monopoly of public sphere (or both at the same time: Sarkozy’s France). Examples

  5. What to do? 1 A better distinction between • common space (streets, squares, etc.): physical and inescapable. Accessibility and ban of burqa • public space (media, Hyde Park Corner, etc.): metaphorical and voluntary. The space of discussion; freedom and ban of students’ religious symbols • institutional space (courts, public administration, etc.). The space of decisions binding on all: fairness and impartiality (the crucifix in the court rooms)

  6. What to do? 2 Fairness and impartiality only through exclusion of religion? Exploring the possibilities of an inclusive neutrality (oaths, marriages, etc.) Different European paths toward a common goal?

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