State and Religion

BRIEF TABLE OF CONTENTS
PREFACE TO THE FIRST DUTCH EDITION XIII
PREFACE TO THE SECOND DUTCH EDITION XVII
PREFACE TO THE ENGLISH EDITION XIX
FOREWORD XXI

Chapter 1
INTRODUCTION 1
Chapter 2
RELIGION: JUST A PRIVATE AFFAIR? 9
Chapter 3
FREEDOM IN CONTEXT: CITIZEN, SOCIETY, AND STATE 21
Chapter 4
RECOGNITION OF RELIGIONS: DEEP STRUCTURES IN THE
DEMOCRATIC CONSTITUTIONAL STATE 39
Chapter 5
FINANCIAL RELATIONS: BEYOND THE WELFARE STATE 59
Chapter 6
EQUAL TREATMENT: TO EACH HIS OWN 81
Chapter 7
LIMITATIONS: THE ART OF LEGISLATION AND
ADMINISTRATION 99
Chapter 8
CONTROVERSIAL STATEMENTS AND EXPRESSIONS:
FREEDOM, RESPECT, TABOOS AND VALUES 115
Chapter 9
CONCLUSION: DISTANCE AND INVOLVEMENT 131
Chapter 10

RECOMMENDATIONS 151
AFTERWORD 155
BIBLIOGRAPHY 157
NOTES 165

TABLE OF CONTENTS
PREFACE TO THE FIRST DUTCH EDITION XIII
PREFACE TO THE SECOND DUTCH EDITION XVII
PREFACE TO THE ENGLISH EDITION XIX
FOREWORD XXI

Chapter 1
INTRODUCTION 1

Chapter 2
RELIGION: JUST A PRIVATE AFFAIR? 9
2.1 Public and Private 9
2.2 An Important Distinction 10
2.3 A Construction; Not Reality 11
2.4 The Absence of Society from the Picture 13
2.5 Mutually Exclusive Concepts? 15
2.6 Public/Private and State Action 17
2.7 Implications 18
2.8 Where Do We Go from Here? 19

Chapter 3
FREEDOM IN CONTEXT: CITIZEN, SOCIETY, AND STATE 21
3.1 Freedom 21
3.2 The Citizen, Society, and the State 22
3.3 Religion and the Citizen 23
3.4 Religion and Society 28
3.5 Religion and the State 33
3.6 A Question of Perspective 36

Chapter 4
RECOGNITION OF RELIGIONS: DEEP STRUCTURES IN THE DEMOCRATIC CONSTITUTIONAL STATE 39
4.1 Recognition 39
4.2 Recognition and Acquaintance 41
4.3 Recognition as a Conversation Partner 46
4.4 Recognition as a Bearer of Social Responsibility 49
4.5 Recognition and Making Recognizable 50
4.6 Recognition and Choosing Sides? 53
4.7 Recognition and Freedom 56
4.8 Recognition in Context 57

Chapter 5
FINANCIAL RELATIONS: BEYOND THE WELFARE STATE 59
5.1 Inevitable and Controversial 59
5.2 Equal Treatment 62
5.3 The ‘Social Component’ of Classic Fundamental Rights 63
5.4 The Welfare State 64
5.5 Beyond the Welfare State 66
5.6 The Public Interest 67
5.7 Representation: The Democratic Element 69
5.8 Co-operation and Social Responsibility 71
5.9 Coinciding Interests 73
5.10 Funding, Control, Instrumentalization, and Freedom 76
5.11 A Variety of Perspectives 78

Chapter 6
EQUAL TREATMENT: TO EACH HIS OWN 81
6.1 An Important but Often Misunderstood Principle 81
6.2 The State and the Individual Citizen 82
6.3 The State and Religions 83
6.4 Equality or Not? 85
6.5 Equality and Equivalence 86
6.6 Differentiation 88
6.7 Communication and Coordination 89
6.8 Financial Relations 90
6.9 Equality and Pluralism of Values 93
6.10 To Each His Own 98

Chapter 7
LIMITATIONS: THE ART OF LEGISLATION AND ADMINISTRATION 99
7.1 From Freedom to Limitations 99
7.2 From Blind Spot to All-Determining Perspective 100
7.3 A Reversal 101
7.4 A Closer Look at Limitations 103
7.5 An Example: The Supervision of Religious Education 106
7.6 Too Extreme and Not Effective 107
7.7 A Question of Approach 109
7.8 The Art of Legislation and Administration 110
7.9 Legislation Is Not the Only Method 112
7.10 Thinking in Terms of Alternatives 113

Chapter 8
CONTROVERSIAL STATEMENTS AND EXPRESSIONS: FREEDOM, RESPECT, TABOOS AND VALUES 115
8.1 An Unbridgeable Gap? 115
8.2 Inviolable, Absolute or Maintaining the Status Quo? 116
8.3 Freedom, Respect, Taboos, and Values 117
8.4 Free Speech in Perspective 118
8.5 Religion and Speech 121
8.6 Discomfort with Religion 122
8.7 Equal Treatment? 124
8.8 Civil Law 125
8.9 The Equal Treatment Act 127
8.10 Selective Indignation and Legal Nuances 128

Chapter 9
CONCLUSION: DISTANCE AND INVOLVEMENT 131
9.1 Incidents, Dilemmas, and Perspectives 131
9.2 Distance and Involvement 132
9.3 Characteristics of the Ideas Commonly Accepted until Recently 133
9.3.1 The Central Position of the Individual 134
9.3.2 The Power of Actual Circumstances 135
9.3.3 Religion as an ‘Isolated’ Phenomenon 135
9.4 The New Thinking 135
9.5 The State and Religion from the Perspective of the New Thinking 137
9.6 Characteristics of a Modern Relationship between the State and Religions 138
9.6.1 Room for Differentiation 138
9.6.2 Legislation, but Primarily Communication and Coordination 139
9.6.3 Don’t See Too Much or Too Little Religion 140
9.7 A New Balance: The Constitutional State and Democracy 140
9.8 How is All This Related to the Classic Principles? 143
9.8.1 The Principle of ‘Separation of Church and State’ 144
9.8.2 Freedom of Religion 146
9.8.3 Neutrality with respect to religion 147
9.9 Concerns? 148
9.10 Conclusion 149

Chapter 10
RECOMMENDATIONS 151
AFTERWORD 155
BIBLIOGRAPHY 157
NOTES 165