Freedom of Religion, Minorities and the Law by Samantha Knights
| DOI | http://doi.org/10.1111/j.1468-2230.2007.00677_5.x |
| Author | Russell Sandberg |
| Date | 01 November 2007 |
| Published date | 01 November 2007 |
Giventhe limits of procedural inclusion,Wheatley setsout to examine whether
power-sharing agreements might provide a better guarantee for the full integra-
tion of diverse interests in deeplydivided societies. Discussing Lijphart’smodel of
consociational democracy, he concludes that consociational arrangements, while
guaranteeing cultural security, are not compatible with international human
rights standards.Wheatley therefore argues that such arrangements areonly justi-
¢ed ‘in the initial transition from con£ict to democracy’ (167). Instead, the author
advocates a deliberative conception of democracy as best suited to the regulation
of cultural con£ict.While the ideals of inclusion, reasoned debate and a quest for
consensus are certainly admirable,Wheatley’s conclusion that democratic States
should resolve cultural con£icts ‘in a way that is either acceptable or defensible
and defeasible to all citizens’ (198) does not leave the reader with much practical
guidance as tohow the majoritarian divisiveness inherenti ndemocratic processes
could be overcome. Even less clear is how international law should support the
ideals of deliberative democracy to advance cultural di¡erence.
Ratherthan providingconceptual solutions to the problem of cultural disputes
between ethno-cultural minorities and dominant majorities, the strength of
Democracy,Minoritiesand InternationalLaw lies in the author’s comprehensivereview
of the legalregime of ethno-cultural rights andits limits. In mapping out the legal
frameworkof current debates on cultural co n£icts, the author makes a wealth of
material available, o¡ering both legal and political science perspectives. This
makesWheatley’s book a stimulating introductionto a topic whichwill no doubt
continue to challenge the international community.
Charlotte Steinorth
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Samantha Knights, Freedom of Religion, Minorities and the Law,xxxv þ216
pp, hb d45.00, Oxford: Oxford University Press, 2007
A range of contentious issues such as religious dress, exemptions for religious
groups and laws prohibiting religious hatred have meant that questions concern-
ing the relationship between law andreligion have recentlyattracted mediaatten-
tion.A numberof books havebeen published on these issues in recent years, often
with di¡erent audiences in mind. Some works have been aimedat a general audi-
ence; others have been intended for legal practitioners or aimed primarily at aca-
demics.The aim of Samantha Knights’ Freedom of Religion, Minorities and the L aw is
to provide a bridge betweenexisting academic writings and the needs of the prac-
titioner. Although Knight’s work is a welcome addition to the ‘law and religion’
literature, it is not quite the leading work it sets out to be.
Knights’ intention to bridge the gapbetween di¡erent audiences is commend-
able. However, a more signi¢cant distinction in the present‘law and religion’ lit-
erature may be drawn between those works that examine secular law and how it
a¡ects religious individuals and collectives, and those that analyse religious law,
the internal laws or other regulatory instruments of religious groups. Like many
n
London School of Economics.
Reviews
1041
r2007 The Authors.Journal Compilation r2007 The Modern Law Review Limited.
(2007) 70(6) 1023^1043
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