Annali di studi religiosi

The short piece comments on a longer article by Brett Scharffs. Whatever current legal doctrines say about the globalization of law and supranationalism, the protection of religious freedom is still a state business. Second, Scharff’s consideration of religious freedom’s restrictions also include social restrictions. This is a very important element in his reasoning, since it shows the important role that civil societies play in either protecting or threatening religious minorities. Moreover, the consideration of civil society respects the nature of democracies: it is through the democratic process that national societies can shape the law according to their own understanding of religious freedom. Third, Dignitatis Humanae’s legacy would have been smaller, if Catholicism had not been a universal religion. Actually, it was the global presence of Catholicism itself that inspired the Church’s Declaration: the contribution of Catholic minorities living in countries with a different religious majority persuaded the Church Fathers that the focus had to be put on religious freedom for all.