Diversity in Europe - Dilemmas of differential treatment in theory and practice

CALDER Gideon , CEVA Emanuela

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Summary

From bans on religious symbols in public spaces, to the provision of abortion by doctors, recent cases across Europe have highlighted acute dilemmas about how best to respond to the claims of individuals or groups feeling that their values or beliefs are not treated fairly by the law. Diversity in Europe uses the resources of political theory alongside comparative analysis of contemporary practices in different countries (Germany, Italy, Turkey, Spain and the UK) to explore the challenges diversity poses for European democracies. Crucial throughout is whether the democratic commitment to equality entails uniformity in the law, or is compatible with saying 'yes' to some requests from citizens that they be treated differently, to accommodate their ethical, cultural and religious particularity. Such differential treatment may take several forms, e.g. group or individual rights, either to legal exemptions or to conscientious objection. Exploring these from various angles, the book gives a sense of the tools democracies need to address the challenges of diversity more generally. Making an important contribution to our understanding of the political implications of ethical, cultural and religious diversity, this book will be of interest to students and scholars of political and social philosophy, European studies, political science, social policy, applied ethics, law, and socio-legal studies.

Table of contents

1. Introduction: Differential Treatment and the Negotiation of Minority Issues in Europe Gideon Calder and Emanuela Ceva Part 1: Diversity in Theory: Dilemmas of Differential Treatment 2. The Place of Conscientious Objection in a Liberal Democracy Anna Elisabetta Galeotti 3. The Appeal to Conscience and the Accommodation of Minority Claims Emanuela Ceva 4. Theories of Religious Exemptions Jonathan Seglow 5. Federalism, Moral Disagreement and European Integration Glyn Morgan 6. A Multicultural Social Ethos: Tolerance, Respect or Civility? Sune Lægaard Part 2: Diversity in Practice: National contexts 7. Modernist Responses to Post-modern Demands? ‘Differential treatment’ in Europeanising Turkey Ali Tekin 8. Conscientious Objection in Italy: The Favoured Way of Handling Irreducible Conflicting Values? Federico Zuolo 9. How Should a Democracy Respond to the Demands of Differential Treatment? Tax Resistance as an Example Juan Carlos Siurana, Elsa González, Roberto Ballester and José Félix Lozano 10. Corporatism and ‘New Groups’: Emerging Value Conflicts in Contemporary Germany Maria Paola Ferretti and Claire Moulin-Doos 11. Differential Treatment and Employability: A UK Case-Study of Veil-Wearing in Schools Gideon Calder and Steven R. Smith 12. Conclusions: On the Possibilities and Limitations of Differential Treatment Gideon Calder and Emanuela Ceva