Jean-François Gaudreault-DesBiens, Noura Karazivan

«Public» and «private» in common and civil law: legal traditions as patterns of reasoning for the regulation of religion?

  • Abstract

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Keywords: Public, private, common law, civil law.

The essay addresses the issue as to whether and to what extent different legal traditions (that is, civil law and common law) may explain the dif- ference in understanding such concepts as 'private' and 'public' and in regulating the State-individual relationship. In this theoretical framework, legal traditions may be used as reasoning templates to explain the difference in regulating the use of religious symbols in the public space.

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