De la libertatea religioasă la laicitate – confuzia între garantarea libertăţii şi structura sistemului
From religious freedom to secularism – confusion between guaranteeing freedom and the system structure

Summary/Abstract: Current legal doctrine often confuses two planes, which should remain separate: the language of law and the language about law. Due to this confusion, the doctrine tends to transform the problem of safeguarding freedom into a problem of imposing a structure of the legal or state system – a structure that is based on a type of realist ontology which is unfit for modern law. The safeguard of religious freedom is thus transformed into a structure-wise problem, namely, into a problem related to the separation of the state and churches, which is in turn converted into the imposition of a form of civil religion: secularism. The structuring of the public space exclusively on the basis of this principle, which raises claims to universality, reproduces all the dysfunctions of those systems, which are based on the confusion between state and religion. In order to avoid the infringement of individual freedom, secularism should be itself a form of religion, to which the rules relating to tolerance and neutrality should be applied.

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