Law and Religion in Theoretical and Historical Context

This volume of essays examines the nature and scope of engagements between law and religion.

Is there a place for religious language in the public square? Which institution of government is best suited to deciding whether religion should influence law? Should states be required to treat religion and non-religion in the same way? How does the historical role of religion in a society influence the modern understanding of the role of religion in that society? This volume of essays examines the nature and scope of engagements between law and religion, addressing fundamental questions such as these. Contributors range from eminent scholars working in the fields of law and religion to important new voices who add vital and original ideas. From conservative to liberal, doctrinal to post-modernist and secular to religious, each contributor brings a different approach to the questions under discussion, resulting in a lively, passionate and thoughtful debate that adds light rather than heat to this complex area.

1. Introduction Carolyn Evans; 2. The moral economy of religious freedom Lawrence G. Sager; 3. Understanding the religion in freedom of religion Jeremy Webber; 4. Why religion belongs in the private sphere, not the public square Denise Meyerson; 5. Pluralism and Law and religion Margaret Davies; 6. The Influence of cultural conflict on the jurisprudence of the religion clauses of the First Amendment Michael W. McConnell; 7. From Dayton to Dover: the legacy of the Scopes trial Peter Radan; 8. A very English affair: establishment and human rights in an organic constitution Charlotte Smith; 9. Days of rest in multicultural societies: private, public, separate? Ruth Gavison and Nahshon Perez; 10. Australian Legal procedures and the protection of secret Aboriginal spiritual beliefs: a fundamental conflict Ernst Willheim; 11. Secular and religious conscientious exemptions: between tolerance and equality Yossi Nehushtan; 12. Law's sacred and secular subjects Ngaire Naffine; 13. Freedom of religion and the European Convention on Human Rights: Approaches, trends and tensions Malcolm D. Evans.

This 2008 volume of essays examines the relationship between law and religion. From conservative to liberal, doctrinal to post-modernist, secular to religious, each contributor brings a different approach to the questions under discussion, resulting in a lively, passionate and thoughtful debate that adds light rather than heat to this complex area.