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Roland Pierik - One of the best experts on this subject based on the ideXlab platform.
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State Neutrality and the Limits of Religious Symbolism
Social Science Research Network, 2012Co-Authors: Roland PierikAbstract:The European Court of Human Rights (ECtHR) has concluded that the mandatory display of crucifixes in public school classrooms does not violate the European Convention. Many have questioned whether a supra-national court like the ECtHR is entitled to interfere in issues that are so intimately linked to the national identity of state parties. However, even if one agrees that the Court’s Grand Chamber was in the end correct not to interfere (by employing the margin of appreciation), one can still question whether a constitutional democracy like Italy is justified in enforcing an explicit Christian symbol in public schools. In this chapter, I analyze the Lautsi case from the perspective of state neutrality. It is generally acknowledged in legal and political philosophy that contemporary constitutional democracies cannot be formally linked to some Religious confession, except in a vestigial and largely symbolic sense. As Rajeev Bhargava argues, the idea of neutrality requires a “principled distance” between religion and the state, two entities that should be seen as distinct spheres with their own respective areas. In this chapter, I analyze whether the wish to hold on to such a Religiously inspired tradition is consistent with the idea of state neutrality, a central value of contemporary constitutional democratic states. In the first part of the Chapter (sections II–III), I analyze the arguments that were employed when the case was before the ECtHR. In the second part (sections IV-VIII), I analyze the obligatory crucifix in terms of state neutrality. I argue that the Italian insistence on holding on to the obligatory display of the crucifix is an example of what I will call the European constitutional deficit: the unwillingness or inability of European states to justify government institutions in a way that does justice to the pluralistic nature of European societies.
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State Neutrality and the Limits of Religious Symbolism
The Lautsi Papers: Multidisciplinary Reflections on Religious Symbols in the Public School Classroom, 2012Co-Authors: Roland PierikAbstract:The European Court of Human Rights (ECtHR) has concluded that the mandatory display of crucifixes in public school classrooms does not violate the European Convention. Many have questioned whether a supra-national court like the ECtHR is entitled to interfere in issues that are so intimately linked to the national identity of state parties. However, even if one agrees that the Court’s Grand Chamber was in the end correct not to interfere (by employing the margin of appreciation), one can still question whether a constitutional democracy like Italy is justified in enforcing an explicit Christian symbol in public schools. In this chapter, I analyze the Lautsi case from the perspective of state neutrality. It is generally acknowledged in legal and political philosophy that contemporary constitutional democracies cannot be formally linked to some Religious confession, except in a vestigial and largely symbolic sense. As Rajeev Bhargava argues, the idea of neutrality requires a "principled distance" between religion and the state, two entities that should be seen as distinct spheres with their own respective areas. In this chapter, I analyze whether the wish to hold on to such a Religiously inspired tradition is consistent with the idea of state neutrality, a central value of contemporary constitutional democratic states.
Douglas G. Smith - One of the best experts on this subject based on the ideXlab platform.
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The Constitutionality of Religious Symbolism after Mccreary and Van Orden
Texas Review of Law and Politics, 2007Co-Authors: Douglas G. SmithAbstract:I. INTRODUCTION The public display of symbols with Religious significance has been the subject of extensive litigation in the last fifty years. That litigation culminated in two cases recently decided by the Supreme Court involving challenges to the public display of the Ten Commandments, McCreary County, Kentucky v. ACLU of Kentucky1 and Van Orden v. Perry.2 In these two decisions, the Court did little to clarify the law in this area. In McCreary, it struck down a display of the Ten Commandments in a county courthouse as a violation of the Establishment Clause. In a plurality opinion in Van Orden, it affirmed a display of the Ten Commandments on the grounds of the Texas State Capitol, leaving the lower courts to sort out the principles that resulted in such disparate results regarding substantially similar displays. While the decisions are less than a model of clarity, they do suggest some principles that may be applied by courts in considering the constitutionality of similar displays, as well as some potential clues as to the Court's future jurisprudence in this area. In particular, two themes emerge from the Court's decisions. First, the Court made clear that displays having historical as well as Religious significance generally do not violate the Establishment Clause. This came across most clearly in Van Orden, where four Justices reiterated their belief that Religious displays having historical significance, such as those depicting the Ten Commandments, were plainly constitutional.3 A fifth Justice, Justice Breyer, espoused similar views.4 Given the recent changes in the Court's personnel, it is likely that this theme running through the Court's decisions will take on a more prominent role. Indeed, a constitutional rule that prohibited the display of items that have Religious significance would manifest a profound hostility to religion, would be inconsistent with traditional notions regarding the proper roles of church and state, and would largely exclude religion from the public square. Such a rule, moreover, is unnecessary given that displays that convey a "dual message," one that is both historical and Religious, do not necessarily suggest any "endorsement" of religion. In allowing such displays on government property, the government may merely be recognizing the historical significance of the items contained in the display. Second, in its recent decisions, the Supreme Court reaffirmed the objective nature of the test used to evaluate whether a particular display constitutes an establishment of religion. In McCreary, the Court took great pains to make clear that it was in fact adhering to an objective test in striking down the Ten Commandments display and that it was only the unusual history of that display that made it constitutionally impermissible.5 While some may dispute whether the Court properly applied that test, in both McCreary6 and Van Orden,7 the Court reiterated that the test was an objective one. Again, the emphasis on the objective nature of the constitutional test may be beneficial in terms of establishing guidelines for the display of Religious symbols. An objective test is far easier to administer and apply than a subjective test and may in the long run lead to a reduction in the amount of litigation, which can often be particularly divisive and consume scarce resources. Moreover, the objective test prohibits the "heckler's veto"; it is not the hypersensitive member of society whose values and judgments govern the constitutionality of a particular display but rather the judgment of a reasonable member of society. Were the rule otherwise, religion would be excluded entirely from public fora given that one may always find someone who is offended by a particular display of Religious Symbolism. Despite these recent developments, given the recent changes in the Court's composition, it is possible that it may substantially redefine its religion clause jurisprudence. …
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The Constitutionality of Religious Symbolism after McCreary and Van Orden
Social Science Research Network, 2007Co-Authors: Douglas G. SmithAbstract:This Article discusses the Supreme Court's decisions in McCreary and Van Orden, outlining the themes that emerge from the various opinions issued in those cases and their relevance in future disputes under the Establishment Clause. In particular, this section addresses the objective test that emerges from the Court's twin decisions, as well as the strong deference accorded displays that have historical as well as Religious significance. The Article also discusses the circuit court decisions that have been issued in the wake of the Supreme Court's decisions. It assesses the extent to which lower courts have remained faithful to the teachings of McCreary and Van Orden. What emerges from these initial decisions is a heavy reliance on the historical analysis articulated by the Court in Van Orden and a strong deference to state and local officials regarding the propriety of displays that contain Religious symbols that also have historical meaning. Indeed, some courts have gone so far as to hold that the Supreme Court has effectively abolished the three-part test of Lemon v. Kurtzman in cases involving Religious displays that have historical significance.
Mitja Velikonja - One of the best experts on this subject based on the ideXlab platform.
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In Hoc Signo Vinces: Religious Symbolism in the Balkan Wars 1991–1995
International Journal of Politics Culture and Society, 2003Co-Authors: Mitja VelikonjaAbstract:Symbols—as important and very persuasive elements of contemporary national and political mythologies and their iconography—are particulary exposed during critical periods of certain nations' history. Although the role and influences of Religious organizations and hierarchies before and during the last wars in Croatia and Bosnia-Herzegovina were quite different, all belligerent sides also employed Religious symbols in their nationalistic/political mobilizations and military efforts. The ambition of this paper is to show the spectrum of (mis)uses of Religious Symbolism in these wars: Orthodox on Serbian side, Roman Catholic on Croatian, and Muslim on Bosniak' side. Comparative and sociohistorical analytical approaches can to some degree elucidate how traditional Religious symbols were renewed and the new “traditionalized” during that time; how they were “nationalized” and “politicized” which elements of the Religious heritage were most often applied; and how these symbols were exploited in military actions and politics of ethnic/Religious cleansing.
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In Hoc Signo Vinces: Religious Symbolism in the Balkan Wars 1991-1995
2001Co-Authors: Mitja VelikonjaAbstract:Symbols—as important and very persuasive elements of contemporary national and political mythologies and their iconography—are particulary exposed during critical periods of certain nations' history. Although the role and influences of Religious organizations and hierarchies before and during the last wars in Croatia and Bosnia-Herzegovina were quite different, all belligerent sides also employed Religious symbols in their nationalistic/political mobilizations and military efforts. The ambition of this paper is to show the spectrum of (mis)uses of Religious Symbolism in these wars: Orthodox on Serbian side, Roman Catholic on Croatian, and Muslim on Bosniak' side. Comparative and sociohistorical analytical approaches can to some degree elucidate how traditional Religious symbols were renewed and the new “traditionalized” during that time; how they were “nationalized” and “politicized” which elements of the Religious heritage were most often applied; and how these symbols were exploited in military actions and politics of ethnic/Religious cleansing.
Jeffrey M. Mitchem - One of the best experts on this subject based on the ideXlab platform.
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A Quartz Crystal Cross from Mission San Luis, Florida
Journal of Archaeological Science, 1997Co-Authors: Bonnie G. Mcewan, Michael W. Davidson, Jeffrey M. MitchemAbstract:Excavations in the church complex at the 17th century Franciscan mission site of San Luis de Talimali in Tallahassee, Florida, uncovered a portion of the mission cemetery beneath the church floor. Among the remains was a cross fashioned from a single piece of quartz crystal. The raw material and shape of this artefact combine both Native American and Christian Religious Symbolism, while analysis of the cross using photomicrography reveals the techniques used in its manufacture. Based on the manufacturing methods and tools employed, it is suggested that the cross was fashioned by a Native American artisan.
Rossella Merlino - One of the best experts on this subject based on the ideXlab platform.
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from a man to a man of honour the role of religion in the initiation ritual of the sicilian mafia
The International Journal of the Humanities: Annual Review, 2012Co-Authors: Rossella MerlinoAbstract:The idea of a Religious Cosa Nostra might seem to be a contradiction, yet Religious Symbolism and behaviour are strikingly apparent throughout the history of the organization. Recent studies have described this phenomenon from several different perspectives (Sales, 2010; Cavadi, 2009; Dino, 2006) however, there have been fewer attempts to consider language and behaviour as a specific context in which to analyse Religious references. The object of my research is to describe the role that religion plays at micro and macro-social level of interaction between the mafia leaders and the lower echelons of the organization. In particular, it refers to approaches which emphasize the role of rituality and performativity in constituting social structure and identity, to explore the effects that the Religious language and behaviour of the mafia bosses have on the rest of the organization. This presentation focuses on the Religious Symbolism and rituals that characterize the initiation ceremony of the Sicilian mafia to analyze the effects that it has on the initiates. The methodology mainly employs anthropological approaches to ritual (Van Gennep 1909; Turner 1969, 1974), sociological theories of religion (Durkheim 1961) and Cultural Performance theories (Turner, 1986; Schechner, 2002) as its theoretical framework. The data are derived from judicial papers and the testimonies of mafia defectors. Such an approach could prove particularly useful in the study of the cultural universe of the mafia and, above all, it could provide a better understanding of the enduring ability of Cosa Nostra to adapt to changing times whilst maintaining consistent 'moral' codes and practices.
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From a Man to a ‘Man of Honour’: The Role of Religion in the Initiation Ritual of the Sicilian Mafia
The International Journal of the Humanities: Annual Review, 2012Co-Authors: Rossella MerlinoAbstract:The idea of a Religious Cosa Nostra might seem to be a contradiction, yet Religious Symbolism and behaviour are strikingly apparent throughout the history of the organization. Recent studies have described this phenomenon from several different perspectives (Sales, 2010; Cavadi, 2009; Dino, 2006) however, there have been fewer attempts to consider language and behaviour as a specific context in which to analyse Religious references. The object of my research is to describe the role that religion plays at micro and macro-social level of interaction between the mafia leaders and the lower echelons of the organization. In particular, it refers to approaches which emphasize the role of rituality and performativity in constituting social structure and identity, to explore the effects that the Religious language and behaviour of the mafia bosses have on the rest of the organization. This presentation focuses on the Religious Symbolism and rituals that characterize the initiation ceremony of the Sicilian mafia to analyze the effects that it has on the initiates. The methodology mainly employs anthropological approaches to ritual (Van Gennep 1909; Turner 1969, 1974), sociological theories of religion (Durkheim 1961) and Cultural Performance theories (Turner, 1986; Schechner, 2002) as its theoretical framework. The data are derived from judicial papers and the testimonies of mafia defectors. Such an approach could prove particularly useful in the study of the cultural universe of the mafia and, above all, it could provide a better understanding of the enduring ability of Cosa Nostra to adapt to changing times whilst maintaining consistent 'moral' codes and practices.