Defining the Public Order: Religious Freedom in France
Open Access
- Author:
- Post, Samantha
- Area of Honors:
- Global and International Studies
- Degree:
- Bachelor of Science
- Document Type:
- Thesis
- Thesis Supervisors:
- Roger Kent Finke, Thesis Supervisor
Jonathan Eran Abel, Thesis Honors Advisor - Keywords:
- Religious freedom
Laïcité
France
Human rights
Public order - Abstract:
- The French principle of laïcité, solidified by the Law of 9 December 1905, ensures freedom of consciousness and freedom of religion so long as the public order is not disturbed. Applying laïcité as a French societal ideal and as a legal principle thus requires the understanding of the public order concept. Crucially, however, the Law of 9 December 1905 fails to define public order. This thesis raises three important questions about public order in the context of laïcité. Chapter 1 follows the definition and usage of public order since the December 1905 law was enacted by reviewing French and European civil codes from 1905 onwards, and concludes that the term neglects to be defined and its usage becomes broader. Chapter 2 develops how public order is understood and defined today. This section evaluates legal and political decisions and publications, finding that there is no clear definition of public order, but the term is used to protect French moral standards, public safety, and democracy. Chapter 3 discusses implications of the contemporary usage of public order in France. This section reviews contemporary examples of laïcité in application, demonstrating that the lack of a definition for public order allows laïcité to impact religious minorities.