Secularization, Legal Pluralism, and the Question of Relationship-Recognition Regimes

The European Legacy 20 (2):151-165 (2015)

Abstract
In this article I contend that the re-emergence of religion in Western liberal states is a feature of a much broader phenomenon, namely, the re-establishment of legal pluralism whereby various social actors claim to be the legitimate producers of their own law. To prove this, I first offer an account of secularization as the successful attempt of modern states to dismantle a legal-pluralist system. Based on this, I argue that the reviviscence of religions is the reviviscence of their practical side: religious practices tend to be perceived by religious group members as providing guidance for conduct, one that challenges the rules of the state legal order and its monistic structure. Finally, by exploring the issue of same-sex union recognition, I defend the claim that, in a truly post-secular society, the state should allow a multiplicity of relationship-recognition models that reflect and meet different interests and needs.
Keywords No keywords specified (fix it)
Categories (categorize this paper)
ISBN(s)
DOI 10.1080/10848770.2015.1006937
Options
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

Our Archive


Upload a copy of this paper     Check publisher's policy     Papers currently archived: 38,878
External links

Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library

References found in this work BETA

No references found.

Add more references

Citations of this work BETA

From Gay Liberation to Marriage Equality: A Political Lesson to Be Learnt.Mariano Croce - 2018 - European Journal of Political Theory 17 (3):280-299.
From Gay Liberation to Marriage Equality: A Political Lesson to Be Learnt.Mariano Croce - 2018 - European Journal of Political Theory 17 (3):1474885115581425.

Add more citations

Similar books and articles

Pluralism in Practice: The Political Thought of Charles Taylor.Ruth Abbey - 2002 - Critical Review of International Social and Political Philosophy 5 (3):98-123.
Dyscivilization, Mass Extermination and the State.Sallie Westwood - 2001 - Theory, Culture and Society 18 (2-3):247-264.
Legal Pluralism and Legal Culture : Mapping the Terrain.Sally Engle Merry - 2012 - In Brian Z. Tamanaha, Caroline Mary Sage & Michael J. V. Woolcock (eds.), Legal Pluralism and Development: Scholars and Practitioners in Dialogue. Cambridge University Press.
Secularizare/ desecularizare. Un rezumat de etapa/ Secularization/ De-Secularization.Marius Jucan - 2004 - Journal for the Study of Religions and Ideologies 3 (7):192-203.

Analytics

Added to PP index
2015-09-03

Total views
15 ( #461,861 of 2,319,040 )

Recent downloads (6 months)
3 ( #419,809 of 2,319,040 )

How can I increase my downloads?

Monthly downloads

My notes

Sign in to use this feature