| Summary: | Modern comparative law is a secular discipline. In order for it to be able to meaningfully compare state and religious rights at all, it is necessary, firstly, to recognise religious rights as law and, secondly, to make translation possible. This makes post-secular comparative law possible. The distinction between different layers - juridical law, revealed law and constitution, revelation and basic norm - proves particularly helpful for formal comparability. Substantive comparability is possible on the basis of the experience of intersystemic comparative law. Overall, it is shown that comparison is possible without having to either absolutise or deny the religious character of religious law.
|
|---|