Europe and Islam: Alarmists, Victimists, and Integration by Law

This article reviews the minefield of Muslim integration in Europe, paying special attention to the legal integration of Islam, which has not yet found the attention that it deserves. In a first step, the article contrasts ‘victimist’ and ‘alarmist’ views on contemporary Muslim integration, both of which are found misleading. Instead, as argued in the second part, significant progress has been made through the legal route. The conclusion provides a reflection on the role of Islam for Europe’s ‘liberal identity’ today.

Legal Integration of Islam: A Transatlantic Comparison

The status of Islam in Western societies remains deeply contentious. Countering strident claims on both the right and left, Legal Integration of Islam offers an empirically informed analysis of how four liberal democracies—France, Germany, Canada, and the United States—have responded to the challenge of integrating Islam and Muslim populations. Demonstrating the centrality of the legal system to this process, Christian Joppke and John Torpey reject the widely held notion that Europe is incapable of accommodating Islam and argue that institutional barriers to Muslim integration are no greater on one side of the Atlantic than the other. While Muslims have achieved a substantial degree of equality working through the courts, political dynamics increasingly push back against these gains, particularly in Europe. From a classical liberal viewpoint, religion can either be driven out of public space, as in France, or included without sectarian preference, as in Germany. But both policies come at a price—religious liberty in France and full equality in Germany. Often seen as the flagship of multiculturalism, Canada has found itself responding to nativist and liberal pressures as Muslims become more assertive. And although there have been outbursts of anti-Islamic sentiment in the United States, the legal and political recognition of Islam is well established and largely uncontested. Legal Integration of Islam brings to light the successes and the shortcomings of integrating Islam through law without denying the challenges that this religion presents for liberal societies.

Islam in Europa: Integration durch Recht und ihre Grenzen

Die Integration des Islam ist vor allem über unabhängige Rechtssysteme erfolgt. Dieser Artikel verfolgt Wegmarken und rekurrierende Konflikte in diesem Prozess, vergleicht einen individualrechtlichen und korporativen Pfad der Integration im Hinblick auf ihre Möglichkeiten und Grenzen, und weist auf durch selbstläufig rechtliche Integration evozierte Spannungen zwischen Recht und Politik hin. Es besticht die Elastizität liberaler Institutionen gegenüber einer Religion, die in nicht geringem Maß Irritation für diese sein muss.

Political Sociology of Islam Integration: the Role of Liberal Law

In Europe and North America, migration and integration has become a busy subfield of political sociology. Of particular interest in this respect is the integration of Muslims and Islam, which has dominated the debate in Europe. Broadly conceived «political opportunity structures» have received much attention in this context. But the role of liberal law in the integration of Islam has been largely ignored, not by lawyers of course, but by political sociologists who have thus delivered far too negative and truncated pictures of Muslims and Islam in Europe. This is the deficit we sought to redress in Legal Integration of Islam; A Transatlantic Comparison (2013) (co-authored with John Torpey). Some of this study’s main ideas and findings are presented in the following.

Koproduktion von Wissen in der Entwicklung des Biolandbaus - Einflüsse von Marginalisierung, Anerkennung und Markt

The empirical analysis of the historical development of transdisciplinary co-production of knowledge (CPK) in organic agriculture (OA) in Switzerland has revealed three distinct phases. The initial phase shows various characteristics of transdisciplinary CPK and a high importance of experiential knowledge. The 2nd and 3rd phases involve an in-creasing segregation of farmers’, extension agents’, and scientists’ knowledge, caused by internal and external impacts, i.e. foundation of independent research institutions, changes in agriculture policy, and new market strategies. These developments strikingly represent an ambiguous trend: the growing societal and political recognition of OA and the increasing market, which are positive achievements, are associated by a gradual loss of very precious forms of CPK. A successful re-establishment of CPK processes and re-integration of experiential knowledge would help to resolve this dilemma and thus improve future research in OA and sustainability research in general.

Islam and the Legal Enforcement of Morality

Over sixty years ago, British high court judge Patrick Devlin and legal philosopher H.L.A. Hart fought out a famous debate over the legal enforcement of morality, which was generated by the question whether homosexuality should be legalized or not. Jurists agree that this debate was won by Hart, also evidenced in the fact that the state has since been retreating from its previous role of moral watchdog. I argue in this paper that the two most conflicted and essentially unresolved issues in the integration of Islam, the regulation of the female body and of free speech, have reopened this debate anew, pushing the liberal state toward the legal regulation of morality, thus potentially putting at risk its liberalness. I use the Hart-Devlin debate as a template for comparing and contrasting the Muslim quest for restricting free speech with the host-society quest for restricting the Islamic veil. Accordingly, there is a double threat to liberalism, which this paper brings into view in tandem, one originating from Islam and another from a hypertrophied defense of liberalism.

European Immigrant Integration after Multiculturalism

This paper takes the recent abdication of multiculturalism by the leaders of Europe’s most powerful nations (Germany, France, and Britain) as hub for a reflection on common themes in Europe’s crisis of multiculturalism. The most obvious common theme in this crisis is Islam and problems of Muslim integration. Accordingly, this paper addresses the role of religion and Islam in Europe’s multiculturalism crisis, and elaborates on the “muscular liberalism” or “civic integration” policies that have appeared in lieu of a discarded multiculturalism. In a final step, I tackle, in a forward-looking mode, some “critical issues” that will shape European immigrant integration after multiculturalism: the need to fight discrimination despite multiculturalism’s ebb, a greater concern for majority culture, the importance of robust debate and democracy as medium of integration, the often-neglected factor of immigrant selection, and a recognition that institutions matter more than policy in the process of integration.