La compénétration des ordres normatifs : étude des rapports entre les ordres normatifs religieux et étatiques en France et au Québec

Opting for an applied theory approach, this thesis addresses various means of "compenetration" between religious normative orders and normative orders of the Quebec and French States. Based on a constructivist vision of law and on the impact of post-modernism, the thesis draws out a typology of pluralisms used in legislation with the aim to understand religious normativity (institutionalized pluralism and integrated pluralism), and distinguishes between four types of religious normativity invoked before the civil law judge, that is: the religious normativity of the State; the formal non-State religious normativity; the informal, community-based non-State religious normativity; and the personal and ethical non-State religious normativity. After having noted the refusal of the principle of institutionalized pluralism in France and in Quebec, namely, the rejection of direct application, as such, of the religious normativity by the judge, and highlighting its exceptions resulting in particular from the mechanisms of private international law, this thesis studies the tools available to the civil law judge to take into consideration religious normativity. Here it concerns the facets of integrated pluralism which finds expression, in particular, through standards contained in the rules of civil law and in the fundamental right (civil liberty in France and subjective right in Quebec) of freedom of religion. The thesis points to the persuasive role of the civil law judge in the functioning of integrated pluralism and the elaboration of a common normativity by consensus. The thesis insists on the procedural techniques that can be implemented to accept or refuse the integration of "foreigness" of norms and the "otherness" of values in its legal order and notes that the articulation of religious and State normativity can give rise to schemes of eviction and balance. The thesis concludes by the response to the question as to whether it is the religious norm in isolation or that which is linked to the normative order which is thus received in France and Quebec. In this respect, the question is whether integrated pluralism is a subjective pluralism, which seeks to take into consideration only ethical religious normativity, or an objective one, which recognizes the normative impact of religious normative orders on their members.

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