Law as Religion, Religion as Law

doi:10.1017/9781108760997

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Edited by David C. Flatto, Hebrew University of Jerusalem, Benjamin Porat, Hebrew University of Jerusalem

Publisher:: Cambridge University Press
Online publication date:: August 2022
Print publication year:: 2022
Online ISBN:: 9781108760997
DOI:: https://doi.org/10.1017/9781108760997
Creative Commons:: This content is Open Access and distributed under the terms of the Creative Commons Attribution licence CC-BY-NC-ND 4.0 https://creativecommons.org/creativelicenses

Subjects:: Philosophy of Religion, Law, Religion, Jurisprudence

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The conventional approach to law and religion assumes that these are competing domains, which raises questions about the freedom of, and from, religion; alternate commitments of religion and human rights; and respective jurisdictions of civil and religious courts. This volume moves beyond this competitive paradigm to consider law and religion as overlapping and interrelated frameworks that structure the social order, arguing that law and religion share similar properties and have a symbiotic relationship. Moreover, many legal systems exhibit religious characteristics, informing their notions of authority, precedent, rituals and canonical texts, and most religions invoke legal concepts or terminology. The contributors address this blurring of law and religion in the contexts of political theology, secularism, church-state conflicts, and the foundational idea of divine law. This title is also available as Open Access on Cambridge Core.

‘Too often, debates and doctrines about ‘law’ and ‘religion’ presume that these are sharply distinct, entirely separate practices or ideas. This volume enriches and deepens our understandings and conversations by reminding us that legal and theological reasoning are often analogous and complementary, that religious and political institutions regularly and appropriately cooperate, and that legal and religious beliefs and practices are profoundly shaped by each other.’

Richard W. Garnett - Professor of Law, Director, Notre Dame Program on Church, State & Society, Concurrent Professor of Political Science, Notre Dame Law School

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