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Religion between Liberty and Equality

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In this paper I argue that the shift from liberty to equality in the legal regulation of freedom of religion is part of a larger process of globalization of law that can change the “quality” of the right to freedom of religion and belief However, this shift does not have the same impact on different areas of the legal regulation of freedom of religion and belief. Moreover, it needs to be contextualized and considered in the light of the different historical and cultural background of each country. For these reasons the shift from liberty to equality cannot be understood as a linear process. The forms it takes and its final outcome can be very different according to the legal fields and the countries that are taken into consideration. Europe, with its rich background of internal diversity, provides a good case-study to test the soundness of this claim.

Affiliations: 1: Professor of Law and Religion, University of Milan, silvio.ferrari@unimi.it

10.1163/22124810-00402003
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/content/journals/10.1163/22124810-00402003
2016-06-23
2018-06-18

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