www.ssoar.info Secularism or democracy? Associational governance of religious diversity Bader, Veit Veröffentlichungsversion / Published Version Monographie / monograph Zur Verfügung gestellt in Kooperation mit / provided in cooperation with: OAPEN (Open Access Publishing in European Networks) Empfohlene Zitierung / Suggested Citation: Bader, V. (2007). Secularism or democracy? Associational governance of religious diversity. (IMISCoe Research). Amsterdam: Amsterdam Univ. Press. https://nbn-resolving.org/urn:nbn:de:0168-ssoar-271061 Nutzungsbedingungen: Terms of use: Dieser Text wird unter einer CC BY-NC-ND Lizenz This document is made available under a CC BY-NC-ND Licence (Namensnennung-Nicht-kommerziell-Keine Bearbeitung) zur (Attribution-Non Comercial-NoDerivatives). For more Information Verfügung gestellt. Nähere Auskünfte zu den CC-Lizenzen finden see: Sie hier: https://creativecommons.org/licenses/by-nc-nd/4.0 https://creativecommons.org/licenses/by-nc-nd/4.0/deed.de Secularism or Democracy? IMISCOE (International Migration, Integration and Social Cohesion) IMISCOE is a European Commission-funded Network of Excellence of more than 350 scientists from various research institutes that specialise in migration and integration issues in Europe. These researchers, who come from all branches of the economic and social sciences, the huma- nities and law, implement an integrated, multidisciplinary and interna- tionally comparative research programme that focuses on Europe’s mi- gration and integration challenges. Within the programme, existing research is integrated and new re- search lines are developed to address issues crucial to European-level policymaking and provide a theory-based design to implement new re- search. The publication programme of IMISCOE is based on five distinct publica- tion profiles, designed to make its research and results available to scientists, policymakers and the public at large. High-quality manu- scripts written by – or in cooperation with – IMISCOE members are pub- lished in these five series. An editorial committee coordinates the re- view process of the manuscripts. The five series are: 1. Joint Studies 2. Research 3. Dissertations 4. Reports 5. Textbooks More information on the network can be found at: www.imiscoe.org. IMISCOE Research includes publications resulting from research of IMISCOE members, such as research monographs and edited volumes. Secularism or Democracy? Associational Governance of Religious Diversity Veit Bader IMISCOE Research Cover illustration: This section of tiles, entitled ‘Tres Culturas’, com- poses a panel in one of the many murals found in Frigiliana. Like others tiles seen in the villages of Andalusia’s Axarquı´a region, it memorialises the settlement, resistance and eventual massacre of the Moriscos after the Reconquista. Photo by Veit Bader. Cover design: Studio Jan de Boer BNO, Amsterdam Layout: The DocWorkers, Almere ISBN 978 90 5356 999 3 NUR 741 / 763 © Veit Bader / Amsterdam University Press 2007 All rights reserved. Without limiting the rights under copyright re- served above, no part of this book may be reproduced, stored in or in- troduced into a retrieval system, or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording or otherwise) without the written permission of both the copyright owner and the author of the book. Summary contents Preface Introduction Contested religious pluralism Part I Modern states and religions, sociological and historical considerations: setting the stage 1 Secularisation and separation? Institutional diversity of religious governance Part II Reconceptualising principles and making political philosophy fit for the task of accommodating religious diversity 2 Contextualising morality: moral minimalism, relational neutrality, fairness as even-handedness 3 Priority for liberal democracy or secularism? Why I am not a secularist Part III Dilemmas and limits of accommodation, principles and cases: applying moral minimalism 4 Religious freedoms and other human rights, moral conundrums and hard cases 5 Relational neutrality and even-handedness towards religions: softer cases and symbolic issues 6 SECULARISM OR DEMOCRACY? Part IV Institutional models of democracy and religious governance: associative democracy 6 Moderately agonistic democracy, democratic institutional pluralism, associative democracy and the incorporation of minorities 7 Normative models of religious governance: associative democracy, a moral defence 8 Dilemmas of institutionalisation; associative democracy, church autonomy and equal treatment of religions 9 A realistic defence of associative democracy 10 Associative democracy and education Conclusions Notes References Index of names Index of subjects Detailed contents Summary contents 5 Detailed contents 7 Preface 13 Introduction: Contested religious pluralism 17 Part I Modern states and religions, sociological and historical considerations: setting the stage 33 1 Secularisation and separation? Institutional diversity of religious governance 35 1.1 Religions and religion 36 1.2 Secularisation 39 1.2.1 Decline of religion(s)? 41 1.2.2 Individualisation, subjectivisation, and privatisation of religion(s)? 43 1.2.2.1 ‘Individualisation’ or ‘subjectivisation’? 43 1.2.2.2 Privatisation of religions? 44 1.2.3 Minimal or complete differentiation? 46 1.2.4 Conclusions 48 1.3 Institutional diversity of religious governance in recent Western states 49 1.3.1 Governance and government of religious diversity 49 1.3.2 Path-dependent patterns and regimes of religious governance in the West 50 1.3.3 Institutional diversity of Western governmental regimes 53 1.3.3.1 Constitutional regimes 54 1.3.3.2 Constitutional reality 54 1.3.3.3 Legal status of (organised) religions 55 1.3.3.4 Autonomy of churches and religious communities 56 1.3.3.5 Financing of religions 58 8 SECULARISM OR DEMOCRACY? 1.3.3.6 Regulation and financing of faith-based educational institutions 58 1.3.3.7 Regulation and financing of religious instruction in public schools 59 1.3.3.8 Regulation and financing of faith-based care and social service organisations 60 1.3.3.9 An emerging European regime of religious governance? 61 1.4 Lessons for political philosophers 62 Part II Reconceptualising principles and making political philosophy fit for the task of accommodating religious diversity 65 2 Contextualising morality: moral minimalism, relational neutrality, and fairness as even-handedness 67 2.1 ‘A view from nowhere’ or relativism? Moderate universalism 68 2.2 Moral minimalism and differentiated moral standards 70 2.2.1 Autonomy or toleration 73 2.2.2 Liberalism and/or democracy: democratic temptations 78 2.2.3 Moral minimalism’s problems 79 2.3 Moderate anti-perfectionism and relational neutrality 82 2.4 Fairness as even-handedness 86 2.5 Contextualised morality 89 2.6 A plea for an institutionalist turn 92 3 Priority for liberal democracy or secularism? Why I am not a secularist 93 3.1 Contextualising secularism: should liberal-democratic states be secular and, if so, in which sense? 95 3.1.1 Historical contextualisation 95 3.1.2 Structural contextualisation: different kinds of threats 98 3.1.3 Societal and cultural secularisation and strategic issues 100 3.2 First-order justifications: ethical and political secularism? 102 3.3 Second-order justifications: secular, independent political ethics? 104 3.4 Priority for liberal democracy 109 3.4.1 Freedoms of political communication 110 3.4.2 Anti-paternalist decision-making 112 3.5 Philosophical foundationalism or priority for democracy? 113 3.6 Religions and democracy 117 3.7 Priority for democracy vs. religious challenges 122 DETAILED CONTENTS 9 Part III Dilemmas and limits of accommodation, principles and cases: applying moral minimalism 127 4 Religious freedoms and other human rights, moral conundrums and hard cases 129 4.1 Religious freedoms 130 4.1.1 Religious freedom, religious freedoms 130 4.1.2 Negative freedoms of religion 131 4.1.3 Negative and positive freedoms 133 4.1.4 Positive freedoms and equal treatment of religions 134 4.2 Groups, conflicts and issues 136 4.2.1 Minorities 136 4.2.2 Issues 138 4.2.3 Three theoretical and political options 138 4.3 Associational freedoms versus nondiscrimination and equal opportunities 141 4.3.1 Nondiscrimination and the shield of privacy 142 4.3.2 Religious versus economic organisations 143 4.3.3 Central versus peripheral activities to faith 144 4.3.4 Unduly disadvantaging outsiders 145 4.3.5 Dangers of public scrutiny and financing 145 4.4 Modern criminal law versus nomos of certain ethno- religious groups 148 4.5 Religious versus civic marriage and divorce law 150 5 Relational neutrality and even-handedness towards religions: softer cases and symbolic issues 153 5.1 Practical and symbolic accommodation: claims, resistance and policy responses 153 5.2 Education and religious diversity 155 5.2.1 Content of education, curricular pluralisation 157 5.2.1.1 Religious education and instruction in governmental schools 158 5.2.1.2 Publicly financed non-governmental religious schools 160 5.2.2 Pedagogy and educational cultures 162 5.3 Pragmatic accommodation of religious minority practices 164 5.4 Highly or purely symbolic issues 166 5.5 Representation in the political process 171 10 SECULARISM OR DEMOCRACY? Part IV Institutional models of democracy and religious governance: associative democracy 175 6 Moderately agonistic democracy, democratic institutional pluralism, associative democracy and the incorporation of minorities 179 6.1 Moderately