State neutrality and Islamic headscarf laws in France and Germany

摘要

Neutrality has been the classic answer of the liberal state to religious and cultural difference. A number of multicultural critics recently debunked it as “myth” and group power in disguise. Comparing Islamic headscarf laws in France and Germany, I argue that neutrality is more complex and multifaceted than this. The comparison shows that neutrality leaves space for particularistic and universalistic, unity- and rights-oriented stances, the first located in the sphere of democratic politics, the second in the legal–constitutional sphere. Recent headscarf laws may then be understood as political backlash against the rights-oriented neutrality that has emerged in the legal spheres of both countries.