Title
Secularization, legal pluralism, and the question of relationship-recognition regimes
Author
Faculty/Department
Faculty of Law
Publication type
article
Publication
Cambridge ,
Subject
Art
Source (journal)
European legacy: toward new paradigms. - Cambridge
Volume/pages
20(2015) :2 , p. 151-165
ISSN
1084-8770
ISI
000349684700005
Carrier
E
Target language
English (eng)
Full text (Publishers DOI)
Affiliation
University of Antwerp
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.
E-info
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https://repository.uantwerpen.be/docman/iruaauth/4d9d78/9b5125287.pdf
Handle