Mapping the Legal Boundaries of Belonging: Religion and Multiculturalism from Israel to Canada

ISBN : 9780199383016

Rene Provost
344 ページ
162 x 238 mm
Religion and Global Politics

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.


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


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.