9781509904747 hardcover 1509904743 hardcover 9781509904754 electronic publication
Hart studies in comparative public law ; v. 26.
"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.
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
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.
KJC5156 .H86 2020
Available in Other Form
Online version: Hunter-Henin, Myriam, Why religious freedom matters for democracy Oxford ; New York Hart, 2020.
Oxford, UK ; New York, NY Hart Publishing, Bloomsbury Publishing Plc, 2020.