Loading, please wait...
:

product description page

Legitimacy Gap : Secularism, Religion, and Culture in Comparative Constitutional Law - (Hardcover)

Legitimacy Gap : Secularism, Religion, and Culture in Comparative Constitutional Law -  (Hardcover) - image 1 of 1

About this item

This book provides an account and explanation of a fundamental dilemma facing secular states: the 'legitimacy gap' left by the withdrawal of religion as a source of legitimacy. Legitimacy represents a particular problem for the secular state. The 'secular' in all its manifestations is very much linked to the historical rise of the modern state. It should not be seen as a category that separates culture and religion from politics, but rather as one that links these different dimensions. In the first part of the book, Depaigne explains how modern constitutional law has moved away from a 'substantive' legitimacy, based in particular on natural law, towards a 'procedural' legitimacy based on popular sovereignty and human rights. Depaigne examines three case studies of constitutional responses to legitimacy challenges which articulate the three main sources of 'procedural' legitimacy (people, rights, and culture) in different ways: the 'neutral model' (constitutions based on the 'displacement of culture'); the 'multicultural model' (constitutions based on diversity and pluralism); and the 'asymmetric model' (constitutions based on tradition). Even if secularization can be considered European in its origin, it is best seen today as a global phenomenon, which needs to be approached by taking into account the particular cultural dimension in which it is rooted. Depaigne's detailed study shows how secularization has moved either towards 'nationalization' linked to a particular national identity (as in France and, to some extent, in India)-or towards 'de-secularization', whereby secularism is displaced by particular cultural norms, as in Malaysia.
Number of Pages: 228
Genre: Freedom + Security / Law Enforcement, Philosophy
Format: Hardcover
Publisher: Oxford Univ Pr
Author: Vincent Depaigne
Language: English
Street Date: September 13, 2017
TCIN: 52973803
UPC: 9780198803829
Item Number (DPCI): 248-50-1354
If the item details above aren’t accurate or complete, we want to know about it. Report incorrect product info.
$81.00
Shipping not available
Not in stores

Guest reviews

Prices, promotions, styles and availability may vary by store & online. See our price match guarantee. See how a store is chosen for you.


*See offer details. Restrictions apply. Pricing, promotions and availability may vary by location and at Target.com.