Secularization, Legal Pluralism, and the Question of Relationship-Recognition Regimes

The European Legacy 20 (2):151-165 (2015)
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Abstract

In this article I contend that the re-emergence of religion in Western liberal states is a feature of a much broader phenomenon, namely, the re-establishment of legal pluralism whereby various social actors claim to be the legitimate producers of their own law. To prove this, I first offer an account of secularization as the successful attempt of modern states to dismantle a legal-pluralist system. Based on this, I argue that the reviviscence of religions is the reviviscence of their practical side: religious practices tend to be perceived by religious group members as providing guidance for conduct, one that challenges the rules of the state legal order and its monistic structure. Finally, by exploring the issue of same-sex union recognition, I defend the claim that, in a truly post-secular society, the state should allow a multiplicity of relationship-recognition models that reflect and meet different interests and needs.

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Citations of this work

From gay liberation to marriage equality: A political lesson to be learnt.Mariano Croce - 2018 - European Journal of Political Theory 17 (3):280-299.
Juridification as politics: An institutional view.Mariano Croce - 2020 - Philosophy and Social Criticism 47 (9):1025-1042.
Juridification as politics: An institutional view.Mariano Croce - 2020 - Philosophy and Social Criticism 47 (9):1025-1042.

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References found in this work

The secular and secularisms.José Casanova - 2009 - Social Research: An International Quarterly 76 (4):1049-1066.
Rethinking secularization: a global comparative perspective.José Casanova - 2007 - In Peter Beyer & Lori Gail Beaman (eds.), Religion, globalization and culture. Boston: Brill. pp. 101--120.
Homonormative dynamics and the subversion of culture.Mariano Croce - 2015 - European Journal of Social Theory 18 (1):3-20.
Cities and states in Europe, 1000–1800.Charles Tilly - 1989 - Theory and Society 18 (5):563-584.
Historical perspectives on legal pluralism.Lauren Benton - 2012 - In Brian Z. Tamanaha, Caroline Mary Sage & Michael J. V. Woolcock (eds.), Legal pluralism and development: scholars and practitioners in dialogue. New York: Cambridge University Press.

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