State Legitimacy and Religious Accommodation: The Case of Sacred Places

Abstract In this paper, we put forward a realist account of the problem of accommodation of conflicting claims over sacred places. Our argument takes its cue from the empirical finding that modern, Western-style states necessarily mould religion into shapes that are compatible with state rule. At le...

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Bibliographic Details
Authors: Prinz, Janosch (Author) ; Rossi, Enzo (Author)
Format: Electronic Article
Language:English
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Published: Brill 2021
In: Journal of law, religion and state
Year: 2021, Volume: 9, Issue: 1, Pages: 3-22
Standardized Subjects / Keyword chains:B State / Sanctuary / Interreligiosity / Religious policy / Legitimacy
IxTheo Classification:AF Geography of religion
AG Religious life; material religion
XA Law
ZC Politics in general
Further subjects:B political realism
B Holy places
B Religious Conflict
B religious accommodation
B state legitimacy
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Summary:Abstract In this paper, we put forward a realist account of the problem of accommodation of conflicting claims over sacred places. Our argument takes its cue from the empirical finding that modern, Western-style states necessarily mould religion into shapes that are compatible with state rule. At least in the context of modern states, there is no pre-political morality of religious freedom that states ought to follow when adjudicating claims over sacred spaces. Liberal normative theory on religious accommodation which starts from the assumption of a pre-political morality of religious freedom is therefore of limited value. As an alternative, we suggest that the question of contested sacred places should be settled with reference to the purposes of the state, at least as long as one is committed to the existence of modern states. If one finds the treatment of religion by the state unsatisfactory, our argument provides a pro tanto reason for seeking alternative forms of political organization.
ISSN:2212-4810
Contains:Enthalten in: Journal of law, religion and state
Persistent identifiers:DOI: 10.1163/22124810-2020003