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Lautsi: A Case of “Metaphysical Madness”?

In: Religion & Human Rights
Author:
Wouter de Been Postdoc researcher in legal theory, Erasmus School of Law, Rotterdam, The Netherlands

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As a piece of doctrinal argument the 2009 ruling on Lautsi v. Italy by a Chamber of the Second Section of the ECHR may have been more elegant and convincing. Yet, elaborating doctrinal logic does not exhaust the task of an international court. Hence, even though the recent Grand Chamber reversal displays less doctrinal finesse, it is a more prudent decision appropriately sensitive to the social context.

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