This contribution aims to answer two questions: a) why legal regimes based on personal laws are almost entirely absent in Europe; and b) what conditions could make these regimes a helpful tool for managing the growing religious diversity in all European countries. The article makes a distinction between personal law regimes, where all individuals and communities are able to shape their lives according to their religious or non-religious convictions within the framework of the same legal system, and minority rights regimes that are grounded in the idea that religious minorities are entitled to enjoy a set of rights aimed at making up for the disadvantages inherent in their minority status. The article concludes that the inclusivity of the public sphere must be assured not through a system of personal law regimes, but rather through the pluralization of the legal options offered to all citizens (independently from being members of a minority) by the states’ legal systems.
Prof. Silvio Ferrari is a Professor of Comparative law of religions at the University of Milan.
Suggested Citation: Silvio Ferrari, Religiously Based Personal Laws and Management of Diversity in Europe, 25 L. & Bus. – IDC L. Rev. (forthcoming 2021).
אזכור המאמר: סילביו פרארי "דינים אישיים מבוססי-דת והסדרת גיוון תרבותי באירופה" משפט ועסקים כה (צפוי להתפרסם ב-2021).