The multidimentional human rights catastrophe 2020-2021 is input for
this writing. We see it as the culmination of arguments about regulating
the social values, the right to freedom of thought, conscience and
religion in Europe (art 9 ECHR) in its broader sense. We question: what
are thought, conscience, religion in Europe? The paper aims at revealing
how different states bound by ECHR (Italy, France, Russia) are
redefining their relationship to thought, conscience and religion, under
the challenge of changing minds, increasing religious activism in the
public sphere, associated with the spread of new religious movements and
Islam; how this process mobilizes a complex array of often unrelated
official actors, but also mindful men who want to be recognized by
public opinion eager to curb what is perceived as “foreign” or
“extremist” expressions of thought, conscience, religion; by
politicians navigating between political correctness and populism, by
national and external judiciary like ECtHR; how this process is
gradually producing a new and common paradigm of the relationship
between states, the public sphere and thought, conscience and religion.
We scrutinize (re)construction and formatting of thought, conscience and
religion in the West through courts, giving the rebirthing to the Lautsi
case. We intend to find which doctrine\idea has been
developed by the Court in Europe. What will be with judicial
decision-making in France and Europe? How to overcome the crisis? We are
seeking a new instrument. We go into Mindful Politics/Judiciary, Dharma
and Judiciary/Politics. We use the Complex Thinking concept and Quantum
Theory, Sophism, Theology, Eastern and Ancient thoughts as Puzzles. We
refer to Lady Justice-Prudentia-Sophia and Phronesis. We refer to the
decoloniality to re-learn the thoughts-heritage that have been pushed
aside, buried, discredited by the forces of modernity: UN
Secretary-General Dag Hammarskjold, Vl.Solovjev, Ivan Ilyin. Also we use
new data, such as O’Murchu Diarmuid, Doing Theology in an Evolutionary
Way (2021), Rovelli Carlo, Helgoland (2020), Molari Carlo, Il cammino
spirituale del cristiano (2020), Mancuso Vito, I quattro maestri (2020).
Our core topic is the importance of legal ideas and legal doctrine for
court decisions. Our core thought is the Russia’s experience in
balancing secular and religious values and peaceful coexistence of
peoples, it’s importantance for the international community. It’s part
of the big research, started in 1990, continued in different ways, at
UNIPV (with Prof.J.Ziller) in the framework of CICOPS, in particular.
Key terms: human rights and freedom, thought, conscience, religion,
pluralism, equality, secularism, neutrality, positivism, legal symbols,
Lady Justice, Sophia, Prudentia, Phronesis, quantum theory, Islam, rule
of law, legitimacy, historical-interpretive account of judicial
politics, complexity.