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Pamela Slotte

Abstract

In order to gain an understanding of what it means to have a human right to freedom of religion or belief, one has to start by looking at the different actual conflicts that give rise to discussion in terms of such a human right. Different conflicts reveal different problems. It is therefore unsatisfying to attempt to essentialise the human right to freedom of religion or belief, and simply apply it to different cases. There are, for example, various ways of organising religious instruction in public schools. Neutrality consists in presenting these models and conflicts, not in saying that there is one right or wrong answer. This, of course, does not exclude critical examination and discussion. This article examines one model attempting to accommodate religious freedom within a public education system while including religious instruction on the curriculum, and juxtaposes it to a second model of organizing religious instruction that has given rise to conflict. The models discussed have different problems and potentials. However, both trigger a critical analysis of how law perceives religion, especially religious manifestation and, within this framework, what it means to be a religious person. The analysis offers a contribution to ongoing debates about how to understand the human right to freedom of religion or belief.

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Pamela Slotte

Abstract

In an attempt to accommodate the increasing religious and cultural diversity in European societies, religious instruction in public schools is being rearranged across Europe. However, the issue is sensitive owing to the societal matters involved, such as multiculturalism, minority issues, nationalism, and citizenship. A crucial question is how religious instruction can be organized in public (state-funded) schools so as to conform to fundamental human rights. The European Court of Human Rights has also recently dealt in Folgerø and Others v. Norway with an ambitious attempt to introduce compulsory non-confessional religious instruction in public schools with the aim of enhancing dialogue and cultural understanding and take into account the future status of children as adult members of both national and international societies. Dividing children into separate study groups according to their faith had been dismissed as a form of segregation and parallel multiculturalism. This article focuses on Folgerø and Others v. Norway. What is at stake in the argumentation before the European Court of Human Rights, and how does it reason concerning religion and life-views, religious freedom and the aims of religious instruction in public schools? Based on this analysis, the article discusses what it means that a conflict over what constitutes adequate religious instruction is brought to a legal forum and the consequences this has for what will be understood as acceptable instruction.

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Edited by Helge Årsheim and Pamela Slotte

In Juridification of Religion? Helge Årsheim and Pamela Slotte explore the extent to which developments currently taking place at the interface between law and religion in domestic, regional and international law can be conceptualized as instances of larger, multidimensional processes of juridification. The book relies on an expansive notion of juridification, departing from the narrower sense of juridification as the gradually increasing “colonization of the lifeworld” proposed by Jürgen Habermas in his Theory of Communicative Action (1987). More specifically, the book adapts the multidimensional notion of juridification outlined by Anders Molander and Lars Christian Blichner (2008), developing it into a more context-specific notion of juridification that is attendant to the specific nature of religion as a subject matter for law.
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Helge Årsheim and Pamela Slotte

Abstract

This article sets out to explore the extent to which developments currently taking place at the interface between law and religion in domestic, regional and international law can be conceptualized as instances of larger, multidimensional processes of juridification. We rely on an expansive notion of juridification, departing from the more narrow sense of juridificiation as the gradually increasing “colonization of the lifeworld” proposed by Jürgen Habermas in his Theory of Communicative Action (1987; Vol. 2, Beacon Press). More specifically, the article adapts the multidimensional notion of juridification outlined by Anders Molander and Lars Christian Blichner in their article ‘Mapping Juridification’ (2008; 14 European Law Journal 36), and develops it into a more context-specific notion of juridification that is attendant to the specific nature of religion as a subject matter for law.

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Helge Årsheim and Pamela Slotte

Abstract

This article sets out to explore the extent to which developments currently taking place at the interface between law and religion in domestic, regional and international law can be conceptualized as instances of larger, multidimensional processes of juridification. We rely on an expansive notion of juridification, departing from the more narrow sense of juridificiation as the gradually increasing “colonization of the lifeworld” proposed by Jürgen Habermas in his Theory of Communicative Action (1987; Vol. 2, Beacon Press). More specifically, the article adapts the multidimensional notion of juridification outlined by Anders Molander and Lars Christian Blichner in their article ‘Mapping Juridification’ (2008; 14 European Law Journal 36), and develops it into a more context-specific notion of juridification that is attendant to the specific nature of religion as a subject matter for law.