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Believing in Negotiation: Reflection on Law’s Regulation of Religious Symbols in State Schools

Hunter-Henin, M; (2016) Believing in Negotiation: Reflection on Law’s Regulation of Religious Symbols in State Schools. In: Negotiating with religion: cross-disciplinary perspectives. Routledge: London, United Kindom. Green open access

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Abstract

Focusing on recent developments relating to religious symbols in Western European state schools, this chapter will examine the reasoning adopted at legislative and judicial level. It will be submitted that if courts and parliament more greatly negotiated with religious claims, many of the current tensions and contradictions between secularism and religion would dissolve. This chapter will in turn address the conceptual and practical hurdles to negotiating with religion in state schools. Negotiating with religion implies that radical solutions are not the only possible means to satisfying fairness and neutrality. Welcoming all expressions of religion at school on an equal standing or banning all religious signs altogether may theoretically and constitutionally amount to sound decisions. The purpose of the chapter is to demonstrate that a third option –which gives a greater weight to one or a few religion(s) over others– may however also be acceptable and is arguably more desirable.

Type: Book chapter
Title: Believing in Negotiation: Reflection on Law’s Regulation of Religious Symbols in State Schools
Open access status: An open access version is available from UCL Discovery
Language: English
Additional information: This version is the author accepted manuscript. For information on re-use, please refer to the publisher’s terms and conditions.
UCL classification: UCL
UCL > Provost and Vice Provost Offices
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/1469771
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