New Article: Jobani & Perez, Women of the Wall: A Normative Analysis of the Place of Religion in the Public Sphere

Jobani, Yuval and Nahshon Perez. “Women of the Wall: A Normative Analysis of the Place of Religion in the Public Sphere.” Oxford Journal of Law and Religion 3.3 (2014): 484-505.

 

URL: http://ojlr.oxfordjournals.org/content/3/3/484.abstract

 

Abstract

The place of religion in the public sphere is a controversial issue, and scholarly opinions differ, from insisting on a public sphere that reflects the religion of the majority, to those who insist on it being religion-free. Using the method of inquiry of contextual political theory, we examine the struggle of the Women of Wall (WoW) to pray collectively at the Western Wall. Their struggle began in 1988, and by 2013 includes many Courts decision, social struggles, public committees, and the involvement of many politicians and organizations, both in Israel and the USA. As this struggle takes place at the holiest place for observant Jews, it raises questions beyond its geographical location. The article describes three main normative approaches to state–religion relations (privatization, evenhandedness, and ‘dominant culture view’—DCV), examines them, and attempts to consider their application to the WoW case. Our conclusion points to the advantages of the privatization model, the permissibility of the evenhanded model and points to major shortcomings of the DCV.

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