VEILED THREATS?
Islam, Headscarves, and Religious Freedom
in America and France
(2008)
For a variety of historical, cultural and political reasons, the Islamic veil has become an increasingly controversial matter in Europe. This is particularly the case in France, where in 2004 the country’s parliament passed a statute that prohibits students from wearing the Muslim veil (with any other ‘ostentatious’ religious sign) in the classroom.
‘Veiled Threats?’ compares the French and US attitudes towards religious symbolism and the Islamic veil. Against conventional wisdom, it argues that before the passage of the 2004 statute, the French and American legal systems adopted a similar approach that respected religious signs. This is hardly surprising, the book suggests, for the American conception of secularism is in many respects stricter than the French idea of laïcité.
The book also questions a number of assumptions that surrounded the so-called ‘affaire des foulards’ and the passage of the 2004 statute: that the French legal system is fiercely secular; that the US one is more positively inclined towards religion; and that France was, in 2004, confronted with a ‘veil emergency’ that made the passage of the new statute inevitable.
A work of comparative law and policy, Veiled Threats? touches on issues as diverse as religious freedom, French and US legal history and politics, freedom of expression, human rights law, and secularism. The doctoral thesis on which the book is based can be downloaded in PDF here (opens a new window).
Available at:
CONTENTS
Acknowledgments
Introduction: France, America & the Muslim Veil 13
PART I: AMERICA
1.1. The Place of Religion in American History 35
1.2. The Place of Religion in American Law 51
1.3. The Place of the Muslim Veil in American Law & Policy 73
PART II: FRANCE
2.1. The Place of Religion in French History 123
2.2. The Place of Religion in French Law 145
2.3. The Place of the Muslim Veil in French Law and Policy 167
PART III: COMPARISON
3.1. Introducing the Comparison 219
3.2. The Muslim Veil in American & French Law Before 2004 237
3.3. The Muslim Veil in American & French Law After 2004 283
Conclusion 333
Bibliography