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Law as a Precondition for Religious Freedom

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  • Christoph Engel

    () (Max Planck Institute for Research on Collective Goods, Bonn)

Abstract

Throughout history, people have suffered for the sake of their religion. Religious organisations have been forbidden or governments have tightly controlled them. The constitutional protection of freedom of religion is a necessity. In a religiously pluralistic world, granting the guarantee is also in the state’s best interest. Yet religions have been hesitant to embrace the guarantee. It implies secularism. Religious freedom is balanced against other freedoms, and against legitimate state interests. Government is faced with social forces that are grounded in eternity and that cannot be proven to be wrong. Seemingly the constitutional protection is a threatening for religions and the state as it is beneficial. Yet the essentially pragmatic nature of law overcomes the tragic dilemma – albeit only at the price of acknowledging that jurisprudence is policy-making.

Suggested Citation

  • Christoph Engel, 2011. "Law as a Precondition for Religious Freedom," Discussion Paper Series of the Max Planck Institute for Research on Collective Goods 2011_06, Max Planck Institute for Research on Collective Goods.
  • Handle: RePEc:mpg:wpaper:2011_06
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    1. Forsythe, Robert & Rietz, Thomas & Myerson, Roger & Weber, Robert, 1996. "An Experimental Study of Voting Rules and Polls in Three-Candidate Elections," International Journal of Game Theory, Springer;Game Theory Society, vol. 25(3), pages 355-383.
    2. Goerg, Sebastian J. & Walkowitz, Gari, 2010. "On the prevalence of framing effects across subject-pools in a two-person cooperation game," Journal of Economic Psychology, Elsevier, vol. 31(6), pages 849-859, December.
    3. Brekke, Kjell Arne & Hauge, Karen Evelyn & Lind, Jo Thori & Nyborg, Karine, 2011. "Playing with the good guys. A public good game with endogenous group formation," Journal of Public Economics, Elsevier, pages 1111-1118.
    4. Ramos Joao & Torgler Benno, 2012. "Are Academics Messy? Testing the Broken Windows Theory with a Field Experiment in the Work Environment," Review of Law & Economics, De Gruyter, pages 563-577.
    5. Shimon Kogan & Anthony Kwasnica & Roberto Weber, "undated". "Coordination in the Presence of Asset Markets," GSIA Working Papers 2007-E33, Carnegie Mellon University, Tepper School of Business.
    6. Roberto A. Weber, 2006. "Managing Growth to Achieve Efficient Coordination in Large Groups," American Economic Review, American Economic Association, pages 114-126.
    7. Forsythe, R. & Myerson, R. & Rietz, T. & Weber, R., 1991. "An Experiment on Coordination in Multi-Candidate Elections: The Importance of Polls and Election Histories," Working Papers 91-31, University of Iowa, Department of Economics.
    8. Sebastian Kube & Christian Traxler, 2011. "The Interaction of Legal and Social Norm Enforcement," Journal of Public Economic Theory, Association for Public Economic Theory, vol. 13(5), pages 639-660, October.
    9. Talbot Page & Louis Putterman & Bulent Unel, 2005. "Voluntary Association in Public Goods Experiments: Reciprocity, Mimicry and Efficiency," Economic Journal, Royal Economic Society, vol. 115(506), pages 1032-1053, October.
    10. Shimon Kogan & Anthony M. Kwasnica & Roberto A. Weber, 2011. "Coordination in the Presence of Asset Markets," American Economic Review, American Economic Association, pages 927-947.
    11. Esteban Klor & Eyal Winter, 2007. "The welfare effects of public opinion polls," International Journal of Game Theory, Springer;Game Theory Society, vol. 35(3), pages 379-394, February.
    12. Gunnthorsdottir, Anna & Houser, Daniel & McCabe, Kevin, 2007. "Disposition, history and contributions in public goods experiments," Journal of Economic Behavior & Organization, Elsevier, vol. 62(2), pages 304-315, February.
    13. Greiner, Ben, 2004. "An Online Recruitment System for Economic Experiments," MPRA Paper 13513, University Library of Munich, Germany.
    14. Blume, Andreas & Ortmann, Andreas, 2007. "The effects of costless pre-play communication: Experimental evidence from games with Pareto-ranked equilibria," Journal of Economic Theory, Elsevier, vol. 132(1), pages 274-290, January.
    15. Josef Falkinger, 2000. "A Simple Mechanism for the Efficient Provision of Public Goods: Experimental Evidence," American Economic Review, American Economic Association, pages 247-264.
    16. Forsythe, R. & Myerson, R. & Rietz, T. & Weber, R., 1991. "An Experiment on Coordination in Multi-Candidate Elections: The Importance of Polls and Election Histories," Working Papers 91-31, University of Iowa, Department of Economics.
    17. Nikiforakis, Nikos, 2008. "Punishment and counter-punishment in public good games: Can we really govern ourselves," Journal of Public Economics, Elsevier, pages 91-112.
    18. Roberto Burlando & Francesco Guala, 2005. "Heterogeneous Agents in Public Goods Experiments," Experimental Economics, Springer;Economic Science Association, vol. 8(1), pages 35-54, April.
    19. Josef Falkinger, 2000. "A Simple Mechanism for the Efficient Provision of Public Goods: Experimental Evidence," American Economic Review, American Economic Association, vol. 90(1), pages 247-264, March.
    20. Urs Fischbacher, 2007. "z-Tree: Zurich toolbox for ready-made economic experiments," Experimental Economics, Springer;Economic Science Association, vol. 10(2), pages 171-178, June.
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    More about this item

    Keywords

    religions freedom; neutrality principle; human rights; pragmatism; proportionality principle; balancing; margin of appreciation; regulability;

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