God may be dead, but religion still matters. Even in times of secularization and distrust in religions, denominational convictions still wield eminent social and political influence. They both form social groups and draw sharp lines between them. As a result, many constitutional states are confronted with an increasingly diverse – if not fragmented – society.
Is that a problem? Yes, at least if it is not well managed by the law. To be sure, if religiosity was only about the internal beliefs of the faithful, we wouldn’t ask this question. However, religiosity challenges the values of the Rule of Law when it comes to the forum externum. Then, it turns out to be a problem when people start to act according to their religious commands. What – for instance – if some refuse military service because of their beliefs (e.g. Israel), if some start to teach their children at home (e.g. USA), if religious institutions dismiss employees for disregarding commands (e.g. Germany), etc.? In short: What if religiosity clashes with the rule of law? What if some demand exceptions to the general law for religious reasons?
These are all age-old questions with many precursors in history. At the same time, they must be answered anew in every age.
This workshop invites scholars from all disciplines to discuss appropriate answers. It tries to navigate religious freedom through the diversity of today’s societies under the conditions of the Rule of law. This is all but easy. As opposed to classic strategies of laicity, the modern Rule of Law is torn between two conflicting goals: it must preserve both religious freedom and equality before the law.
Scholars from all disciplines are welcome to participate in this discussion. The potential topics and questions include, but are not limited to:
- How far does a strategy of laicity and privatization of faith help to accommodate religion and the values of the liberal state?
- What is the function and/or merits of religious freedom as a fundamental right in times of secularity and pluralism?
- How is it possible to justify religious exemptions from the general law?
- Should the constitutional state accept religious exemptions at all?
- How is it possible to meet criteria of justification (rationality test, proportionality test, etc.), when it comes to non-explicable religious beliefs?
- Where are limits, i.e. when should the government make sure that the priority of law prevails?
- Could freedom of religion be seen as a conflict rule that helps to mitigate the tensions?
- etc. …

Contact Persons:
• michael.goldhammer@ebs.edu
• matthias.friehe@ebs.edu

Abstracts (approx. 300 words) should be sent to michael.goldhammer@ebs.edu or matthias.friehe@ebs.edu by 31st May 2024. Admission decisions will be sent on a rolling basis, the last by 3rd June 2024.