Publications
- Faith in the Law: The Role of Legal Arrangements in Religion-Based Conflicts Involving Minorities
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- by Liviatan, Ofrit
- This Article examines the conflict-management role conferred
upon the law within Western liberal democracies in the context of cultural
tensions involving religious minorities. The Article finds that a threatened
hegemonic Christian identity and secular illiberal sentiments disguised in
liberal narratives often motivated legislative and judicial actions curtailing
the freedom of religious minorities in leading liberal democracies. Based
on these findings, this Article challenges the shortcomings of existing liberal
scholarship to account for the potential bias presented in the liberal
preference to facilitate cultural conflicts through legal means. Yet, the Article
suggests that law’s limitations as a neutral vehicle in conflict resolution
does not necessarily counteract its ability to manage conflicts. The
continued attractiveness of law as the principal conflict-resolution device
in liberal democracies springs from its political nature, namely the recognition
that shifts in political power could translate into legal change.
- Publication Type: Published Paper
- Publisher: Boston College International & Comparative Law Review
- Published Date: January 2011
- Field of Interest: International Relations
- Ofrit Liviatan. "Faith in the Law: The Role of Legal Arrangements in
Religion-Based Conflicts Involving Minorities." Boston College International & Comparative Law Review, Vol. 34 No.1, 2011
