Equal liberty test : a prolegomenon for an axiological definition of a secular state

Božić, Marko (2021) Equal liberty test : a prolegomenon for an axiological definition of a secular state. In: On equality and liberty and their contemporary legal meaning: from SW 61 of the Lucerne IVR World Congress / Jasminka Hasanbegović (ed.). Dosije studio, Beograd, pp. 161-177. ISBN 978-86-6047-377-8

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Abstract

The paper examines the way equality and liberty may contribute to the theoretical debate on the definition of a secular state. Its starting point is the idea that a modern state, with its liberal and democratic legitimacy, should guarantee religious liberty in an equal manner to everyone. However, most modern states either provide legal measures to restrain religious liberty as such, or do not treat all their citizens equally, but deliberately make some of them more equal than others. Therefore, a simple definition of a secular state, closely connected to the values of liberty and equality, is only an ideal and does not correspond to any empirical phenomenon. As such, it cannot offer the basis for a scientific theory, but it may be scientifically useful as a heuristic tool, and instrumental in evaluating different governmental practices and legislative policies.

Item Type: Book Section
Additional Information: COBISS.SR-ID 53139209
Uncontrolled Keywords: Secularism, Liberalism, Democracy, Equality, Liberty
Subjects: Law (General)
Depositing User: Mr Stanko Kovačić
Date Deposited: 06 Dec 2023 09:47
Last Modified: 27 Dec 2023 10:05
URI: http://repozitorijum.pravnifakultet.edu.rs/id/eprint/201

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