Religion, Sexual Minorities, and the Rule of Law in Russia

This paper analyzes the cultural constraints imposed in the Russian legal system by the prevailing social philosophy, which is characterized by a significant degree of religious conservatism and communitarianism. This conservatism is predictably opposed to sexual minorities and to those who want to...

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Bibliographic Details
Published in:Journal of law, religion and state
Main Author: Antonov, Michail Valerʹevič ca. 20./21. Jh. (Author)
Format: Electronic Article
Language:English
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Published: Brill [2019]
In: Journal of law, religion and state
Standardized Subjects / Keyword chains:B Russia / Religion / LGBT / Minority rights
IxTheo Classification:AD Sociology of religion; religious policy
KBK Europe (East)
XA Law
Further subjects:B Justice
B religious feelings
B Case law
B Social Philosophy
B Human Rights
B Religion
B religious freedoms
B Sexual minorities
B Courts
Online Access: Volltext (Resolving-System)
Volltext (doi)
Description
Summary:This paper analyzes the cultural constraints imposed in the Russian legal system by the prevailing social philosophy, which is characterized by a significant degree of religious conservatism and communitarianism. This conservatism is predictably opposed to sexual minorities and to those who want to defend or justify them. The author concludes that this philosophy strongly affects decision-making in Russian courts, and can sometimes overrule the provisions of the Russian Constitution and the laws that formally grant protection to sexual minorities. In turn, this conservative social philosophy and communitarian morality are based on religious patterns that are still shaping the mindsets and attitudes of Russians. These attitudes cannot be ignored by judges and other actors in the Russian legal system, who to some extent are subject to the general perception of what is just, acceptable, and reasonable in society, and are factually bound by this perception.
ISSN:2212-4810
Contains:Enthalten in: Journal of law, religion and state
Persistent identifiers:DOI: 10.1163/22124810-00702002