عنوان

Fraternalism as a Limitation on Religious Freedom:

Number

LA125909

.Language of Text, Soundtrack etc

انگلیسی

Title Proper

Fraternalism as a Limitation on Religious Freedom:

General Material Designation

[Article]

Other Title Information

The Case of S.A.S. v. France

First Statement of Responsibility

Eoin Daly

Place of Publication, Distribution, etc.

Leiden

Name of Publisher, Distributor, etc.

Brill

Text of Note

In upholding France's ban on public face coverings, the European Court of Human Rights accepted that the manifestation of religious beliefs could legitimately be restricted in the interests of 'vivre ensemble'-literally, 'living together'-or what I label 'fraternalism'. I will argue that fraternalism, in the French setting, is closely linked to the idea of a duty of civility in political theory: it is understood as a duty to practice a certain kind of fraternal sociability. This paper relates the Court's judgment to France's justificatory, 'republican' discourse. It argues that civility must be understood as a habitus-a set of learned orientations and bodily techniques-rather than as a set of discursive or speech constraints. In turn, this demonstrates the danger in the idea of civility (or fraternalism) as limiting religious liberties: far from simply fostering republican virtues, it will reinforce cultural and social power dynamics. In upholding France's ban on public face coverings, the European Court of Human Rights accepted that the manifestation of religious beliefs could legitimately be restricted in the interests of 'vivre ensemble'-literally, 'living together'-or what I label 'fraternalism'. I will argue that fraternalism, in the French setting, is closely linked to the idea of a duty of civility in political theory: it is understood as a duty to practice a certain kind of fraternal sociability. This paper relates the Court's judgment to France's justificatory, 'republican' discourse. It argues that civility must be understood as a habitus-a set of learned orientations and bodily techniques-rather than as a set of discursive or speech constraints. In turn, this demonstrates the danger in the idea of civility (or fraternalism) as limiting religious liberties: far from simply fostering republican virtues, it will reinforce cultural and social power dynamics.

Date of Publication

2016

Physical description

140-165

Title

Religion & Human Rights

Volume Number

11/2

International Standard Serial Number

1871-0328

Subject Term

European Court of Human Rights

Subject Term

France

Subject Term

fraternalism

Subject Term

religious freedom

Eoin Daly

Call Number

10.1163/18710328-12341302

Electronic name

p

[Article]

275578

a

Y