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E-raamat: Law and Religious Diversity in Education: The Right to Difference [Taylor & Francis e-raamat]

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Law and Religious Diversity in Education: The Right to DifferenceSuurem pilt
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This book deals with the interplay of law and religion in education through the versatility of religious law, legal pluralism, as well as religion’s possible adaptation and reconciliation with modernity, in order to consider and reflect on normative conflicts.



Religion is a prominent legal force despite the premise constructed and promoted by Western constitutionalism that it must be separated from the State in democracies. Education constitutes an area of human life that leaves ample scope for the expression of religious identity and shapes the citizens of the future. It is also the place of origin of a considerable number of normative conflicts involving religious identity that arise today in multicultural settings.

The book deals with the interplay of law and religion in education through the versatility of religious law and legal pluralism, as well as religion’s possible adaptation and reconciliation with modernity, in order to consider and reflect on normative conflicts. It adopts the angle of the constitutional dimension of religion narrated in a comparative perspective and critically reflects on regulatory attempts by the State and the international community to promote new ways of living together.

Acknowledgments xi
Preface xii
1 The method: legal pluralism and comparative constitutional law: complementary methodology in the protection of religious difference
1(30)
1 Legal hybridity and legal pluralism: state law as one way of imagining the real
1(11)
2 The relationship of international and comparative law with legal pluralism
12(19)
a The value of difference in comparative law and human rights
18(6)
b The protection of religious difference in times of legal plurality
24(7)
2 The concepts: revisiting religious diversity within multicultural classrooms: religious freedom, education and equality
31(21)
1 Introduction: human rights and normative conflict
31(4)
2 The right to freedom of religion in education: religion as a secular blasphemy?
35(5)
3 Secularization, secularism and the right to religious freedom
40(5)
4 Educational autonomy, religious freedom and equality
45(4)
5 The neutrality of education and the principle of equality
49(3)
3 The standards: interpreting the content of rights: the legal interaction of religious freedom, education and non-discrimination
52(21)
1 Introduction: the relevance of religion in education
52(2)
2 The nature of the right to education
54(4)
3 The content of the right to education in its religious/cultural dimension
58(4)
4 The right to religious freedom within education: a path towards co-existence?
62(7)
5 The right to equality and non-discrimination in the context of religious diversity in public education
69(4)
4 Plural public education in Israel: for equal or different students?
73(40)
1 Legal pluralism in Israel: the context
73(4)
2 The Normative justification of the close entanglement between religion and the State in education
77(3)
3 The design of educational religious pluralism: general features
80(4)
4 Constitutional pluralism and religious diversity
84(5)
a The ambiguous principle of equality
84(3)
b The role of the State in Israel in the provision of religious services
87(2)
5 Educational diversification according to religious belonging
89(14)
a Arab sector education: patterns of discrimination against Israeli Palestinian Arab learners
89(7)
b Ultra-Orthodox education
96(7)
6 Educational pluralism, autonomy and accommodation of religious identity in Israeli state-sponsored schools
103(7)
7 Concluding remarks: education and democratic governance
110(3)
5 Avoiding religion? The question of religious identity conflicts in education in South Africa
113(35)
1 Introduction: legal pluralism in South Africa
113(3)
2 Equality and difference: constitutional contours and interpretation
116(4)
3 The right to religious freedom
120(7)
a Religion and the right to education in South Africa: accommodating difference in schools?
122(4)
b Religion with (out) culture
126(1)
4 The right to education
127(4)
5 The special case of independent schools in South Africa
131(1)
6 The South African approach to religious diversity in education
132(7)
a A historical account: the legacies of apartheid
132(2)
b Religion in education in contemporary South Africa
134(4)
c Desegregation: a determining framing factor
138(1)
7 Effects of religious diversity policy in education: governance implications
139(9)
6 From tradition to modernity and back: religious diversity in English schools as a test-case for multicultural societies
148(38)
1 Introduction: multiculturalism, legal pluralism and conflict
148(5)
2 Education and faith in curricular development in the UK
153(5)
a Religion in education: the legal framework
154(2)
b Types of schools
156(2)
3 Religion and equality
158(6)
4 The special case of `faith schools' in Britain
164(2)
5 The question of citizenship education in a post-multicultural setting
166(2)
6 Religious literacy and religious education policy outcomes
168(13)
a The place of religious education in the national curriculum
169(2)
b Teachers' Agency in delivering religious diversity in education
171(1)
c Religious freedom as manifestation: religious symbols and school uniforms
172(1)
d `Faith schools' as a test-ground of religious diversity education
173(8)
7 Concluding remarks: the ambiguous role of religious belief in English public education
181(5)
7 Negotiating religious identity in public classrooms
186(21)
1 Introduction: the efficiency of legal pluralism as a frame in religiously diverse education: power, agency and the law
186(4)
2 Religious diversity as a conflict regulating factor: testing the limits of the social magic of law
190(8)
a Religious education as a public good
194(2)
b (Inequality in and through education
196(2)
3 The management of religious disputes within education in plural societies: methods, conditions and challenges
198(9)
a The role of context in promoting religious diversity in education
200(2)
b Religious pluralism and the new role of the State
202(2)
c The challenges of education systems in protecting religious difference
204(3)
8 Legal empowerment through religious diversity in schools
207(20)
1 Religion in education: a shifting agenda
207(6)
a Education as development: globalizing and transnational dimensions
208(1)
b `Faith schools': religious communities' agency in action
209(4)
2 Religious diversity in education within an empowerment frame
213(11)
a Religious identity-building as empowerment
216(3)
b Religious education and citizenship -plurality as opportunity
219(5)
3 Concluding remarks
224(3)
References 227(22)
European Court of Human Rights cases 249(1)
Domestic case law 249(2)
International and European legal texts 251(2)
Index 253
Kyriaki Topidi is a Senior Research Associate and Head of Cluster on Culture and Diversity at the European Centre for Minority Issues (Germany). Her research focuses on diversity management, religion, education and comparative law. She is the author and editor of a number of volumes, including EU Law, Minorities and Enlargement (Intersentia, 2010), Constitutional Evolution in Central and Eastern Europe: Expansion and Integration in the EU (Ashgate, 2011), Transnational Legal Process and Human Rights (Ashgate, 2013) and Religion as Empowerment: Global Legal Perspectives (Routledge, 2016). She has also recently edited a collection on Normative Pluralism and Human Rights published by Routledge in 2018.
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