Posts Tagged ‘comparative law’

October 11th, 2011

Beyond secularisms of all sorts

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Is there a crisis of secularism in Western Europe? Is Tariq Modood’s “moderate secularism” the solution, or should we go “beyond moderate secularism” and embrace the “alternative conception of secularism,” that of “principled distance,” proposed by Rajeev Bhargava? In this piece I hope to show that, for the purposes of normative thinking—in the realms of political and legal theory, constitutional law, and jurisprudence in particular—we had better drop the language of secularism altogether and reframe the contested issues in terms of the language of liberal-democratic constitutionalism and its respective principles, rights, and institutional arrangements.