Law and religion is the interdisciplinary study of relationships between

law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the ar ...

, especially

public law Public law is the part of law that governs relations and affairs between legal persons and a government, between different institutions within a state, between different branches of governments, as well as relationships between persons that ...

, and

religion Religion is a range of social system, social-cultural systems, including designated religious behaviour, behaviors and practices, morals, beliefs, worldviews, religious text, texts, sanctified places, prophecies, ethics in religion, ethics, or ...

. Over a dozen scholarly organizations and committees focussing on law and religion were in place by 1983, and a scholarly quarterly, the ''

Journal of Law and Religion The ''Journal of Law and Religion'' (''JLR'') is a triannual peer-reviewed academic journal edited by the Center for the Study of Law and Religion (Emory University School of Law) and published in collaboration with Cambridge University Press. I ...

'', was first published that year. The ''Ecclesiastical Law Journal'' began publication in 1987. ''The Rutgers Journal of Law and Religion'' was founded in 1999. ''The Oxford Journal of Law and Religion'' was founded in England in 2012. Many departments and centers for the subject have been created around the world during the last decades. For example, in 1982, Emory University established the Center for the Study of Law and Religion as part of the School of Law. The Center for the Study of Law and Religion offers a JD concentration and joint programs with the Candler School of Theology and the Laney Graduate Program. Emory's Center for the Study of Law and Religion edits three international book series (with Cambridge, Eerdmans and Brill) and edits the ''Journal of Law and Religion.'' In 2000, the Brigham Young University law school created the International Center for Law and Religion Studies, which also features an international mission. Brigham Young's annual symposium, which began in 1993, has brought to campus over 1000 scholars, human rights activists, judges from supreme courts, and government ministers dealing with religious affairs from more than 120 countries. As of 2012, major law and religion organizations in the U.S. included 500 law professors, 450 political scientists, and specialists in numerous other fields such as history and religious studies. Between 1985 and 2010, the field saw the publication of some 750 books and 5000 scholarly articles, according to Emory Law Professor

John Witte Jr. John Witte Jr. is a Canadian-American academic. He is a Robert W. Woodruff University Professor and a McDonald Distinguished Professor at Emory University School of Law in Atlanta, Georgia, and is director of the Center for the Study of Law and ...

Research topics

Scholars in the field are not only focused on strictly legal issues about

religious freedom Freedom of religion or religious liberty, also known as freedom of religion or belief (FoRB), is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice ...

or non-establishment but also on the study of religions as they are qualified through judicial discourses or legal understanding on religious phenomena. For example, ''The Oxford Journal of Law and Religion'' seeks to cover :social, legal and political issues involving the relationship between law and religion in society; comparative law perspectives on the relationship between religion and state institutions; developments regarding human and constitutional rights to freedom of religion or belief; considerations of the relationship between religious and secular legal systems; empirical work on the place of religion in society; and other salient areas where law and religion interact (e.g., theology, legal and political theory, legal history, philosophy, etc.). Researchers study

canon law Canon law (from , , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical jurisdiction, ecclesiastical authority (church leadership) for the government of a Christian organization or church and its membe ...

natural law Natural law (, ) is a Philosophy, philosophical and legal theory that posits the existence of a set of inherent laws derived from nature and universal moral principles, which are discoverable through reason. In ethics, natural law theory asserts ...

, and state law, often in comparative perspective. They have explored themes in

western history Western may refer to: Places *Western, Nebraska, a village in the US * Western, New York, a town in the US * Western Creek, Tasmania, a locality in Australia * Western Junction, Tasmania, a locality in Australia *Western world, countries that ...

regarding

Christianity Christianity is an Abrahamic monotheistic religion, which states that Jesus in Christianity, Jesus is the Son of God (Christianity), Son of God and Resurrection of Jesus, rose from the dead after his Crucifixion of Jesus, crucifixion, whose ...

and justice and mercy, rule and equity, discipline and love. Topics include

marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognised union between people called spouses. It establishes rights and obligations between them, as well as between them and their children (if any), and b ...

and the

family Family (from ) is a Social group, group of people related either by consanguinity (by recognized birth) or Affinity (law), affinity (by marriage or other relationship). It forms the basis for social order. Ideally, families offer predictabili ...

, and

human rights Human rights are universally recognized Morality, moral principles or Social norm, norms that establish standards of human behavior and are often protected by both Municipal law, national and international laws. These rights are considered ...

. Aside from Christianity, scholars have looked at connections between the

Quran The Quran, also Romanization, romanized Qur'an or Koran, is the central religious text of Islam, believed by Muslims to be a Waḥy, revelation directly from God in Islam, God (''Allah, Allāh''). It is organized in 114 chapters (, ) which ...

in the Muslim

Middle East The Middle East (term originally coined in English language) is a geopolitical region encompassing the Arabian Peninsula, the Levant, Turkey, Egypt, Iran, and Iraq. The term came into widespread usage by the United Kingdom and western Eur ...

, Asian ancestral religions,

occult The occult () is a category of esoteric or supernatural beliefs and practices which generally fall outside the scope of organized religion and science, encompassing phenomena involving a 'hidden' or 'secret' agency, such as magic and mysti ...

altercations,

pagan Paganism (, later 'civilian') is a term first used in the fourth century by early Christians for people in the Roman Empire who practiced polytheism, or ethnic religions other than Christianity, Judaism, and Samaritanism. In the time of the ...

Rome, and any realm in which religious beliefs form the basis of or contradict governmental law. A recent literature has also begun examining how certain religious groups (Muslim, Jewish, and Catholic) engage with the American legal system as ''amicus curiae'' to advance their interests. Within Christianity, studies range from textual analysis of early Christians' relationship with

Jewish law ''Halakha'' ( ; , ), also transliterated as ''halacha'', ''halakhah'', and ''halocho'' ( ), is the collective body of Jewish religious laws that are derived from the Written and Oral Torah. ''Halakha'' is based on biblical commandments ('' mit ...

, the effect of law on the Protestant Reformation, and contemporary issues like homosexual unions, the ordination of women to the

diaconate A deacon is a member of the diaconate, an office in Christian churches that is generally associated with service of some kind, but which varies among theological and denominational traditions. Major Christian denominations, such as the Catholi ...

and

priest A priest is a religious leader authorized to perform the sacred rituals of a religion, especially as a mediatory agent between humans and one or more deity, deities. They also have the authority or power to administer religious rites; in parti ...

hood, and conscientious objection to war. Studies have been published on

secularization In sociology, secularization () is a multilayered concept that generally denotes "a transition from a religious to a more worldly level." There are many types of secularization and most do not lead to atheism or irreligion, nor are they automatica ...

, in particular the issue of wearing religion symbols in public, such as headscarves that are banned in French schools, have received scholarly attention in the context of human rights and

feminism Feminism is a range of socio-political movements and ideology, ideologies that aim to define and establish the political, economic, personal, and social gender equality, equality of the sexes. Feminism holds the position that modern soci ...

. Other controversies about medical care which have been studied include, in the United States, religious exemptions for the vaccination of children and the legal rights of members of the

Christian Science Christian Science is a set of beliefs and practices which are associated with members of the Church of Christ, Scientist. Adherents are commonly known as Christian Scientists or students of Christian Science, and the church is sometimes in ...

denomination who wish to deny medical care to their ill children in favor of

faith healing Faith healing is the practice of prayer and gestures (such as laying on of hands) that are believed by some to elicit divine intervention in spiritual and physical healing, especially the Christian practice. Believers assert that the healin ...

. There are secular laws that directly interact with religiosity, exemplified in the 1st Amendment of the U.S. Constitution.

National studies

Thailand

In Thailand, the constitutional monarchy that was established in the 1930s integrated traditional Buddhist concepts of cosmic law and religion with modern methods of public administration and legal authority. The result was the formation of a unique

civic religion Civil religion, also referred to as a civic religion, is the implicit religious values of a nation, as expressed through public rituals, symbols (such as the national flag), and ceremonies on sacred days and at sacred places (such as monuments, bat ...

based on the three-way formula of nation, religion, and kingship. This new tradition has evolved and provides a framework for both symbolic discourse as well as practical actions in modern Thai legal culture.

Cross-denominational

The study of religion and law spans every civilization throughout every period in history. In the past, when religion was more prevalent in daily life, laws were often based explicitly on religion in places where religion was held to be the primary or sole source of morality. This can be seen with laws that governed the

Ancient Greek Ancient Greek (, ; ) includes the forms of the Greek language used in ancient Greece and the classical antiquity, ancient world from around 1500 BC to 300 BC. It is often roughly divided into the following periods: Mycenaean Greek (), Greek ...

and

Roman Roman or Romans most often refers to: *Rome, the capital city of Italy *Ancient Rome, Roman civilization from 8th century BC to 5th century AD *Roman people, the people of Roman civilization *Epistle to the Romans, shortened to Romans, a letter w ...

societies based on pleasing the various gods they worshipped. Ancient

Judeo-Christian The term ''Judeo-Christian'' is used to group Christianity and Judaism together, either in reference to Christianity's derivation from Judaism, Christianity's recognition of Jewish scripture to constitute the Old Testament of the Christian Bibl ...

societies established laws based on their canonical texts such as the Torah or Bible. In medieval Europe, the Catholic Church was heavily intertwined with the government. The United States is classified as a

secular society Secularism is the principle of seeking to conduct human affairs based on naturalistic considerations, uninvolved with religion. It is most commonly thought of as the separation of religion from civil affairs and the state and may be broadened ...

because of the laws established in the

First Amendment First most commonly refers to: * First, the ordinal form of the number 1 First or 1st may also refer to: Acronyms * Faint Images of the Radio Sky at Twenty-Centimeters, an astronomical survey carried out by the Very Large Array * Far Infrared a ...

prohibiting the establishment of a national religion while also allowing any religion to be freely practiced.

Religious exemptions for medical treatments

Childhood vaccines

44 U.S. states allow religious exemptions for childhood vaccines. 5 states (California, Maine, Mississippi, New York, and West Virginia) allow medical exemptions only. The way religious exemptions can be granted varies by state. Some states have forms that can be signed whereas others require the parent/guardian to write a letter proclaiming 'bonafide religious belief' that prevents them from vaccinating their child. Some states, such as New York, have banned religious exemptions in response to outbreaks of diseases previously well-controlled by vaccination.

Refusal of blood transfusions by Jehovah's Witnesses

The Watch Tower Bible and Tract Society has historically opposed blood transfusions. Jehovah's Witnesses refuse blood transfusions and carry cards on their person to indicate such refusal. Historically, U.S. courts have generally ruled that Jehovah's Witnesses who refuse blood transfusions for themselves may not do so on behalf of their children. The first such case went to the Supreme Court in 1951. The Court ruled that: * The child’s interests and those of the state outweigh parental rights to refuse medical treatment. * Parental rights do not give parents life and death authority over their children. * Parents do not have an absolute right to refuse medical treatment for their children based on their religious beliefs.

Other relevant court cases

Walker v. Supreme Court 1988

Laurie Walker was charged with manslaughter after her four-year-old daughter Shauntay died of bacterial meningitis 17 days after symptoms presented. Walker called for the services of a Christian Science practitioner, but not a doctor. She was convicted by judges who cited a 1944 Supreme Court ruling that “parents may be free to become martyrs themselves. But it does not follow that they are free, in identical circumstances, to make martyrs of their children.”

Secularism

Secularism Secularism is the principle of seeking to conduct human affairs based on naturalistic considerations, uninvolved with religion. It is most commonly thought of as the separation of religion from civil affairs and the state and may be broadened ...

is the concept of separating state institutions from religious organizations.

Canada

In Canada, secularism aims to protect individuals' rights to freedom of speech and freedom of religion. Therefore, any religion or belief they choose may be practiced without interference.

R. v. Big M Drug Mart Ltd.

The Big M Drug Mart case, R. v. Big M Drug Mart Ltd., is a notable example that sheds light on secularism in Canada. In 1906, the ''

Lord's Day Act Blue laws (also known as Sunday laws, Sunday trade laws, and Sunday closing laws) are laws restricting or banning certain activities on specified days, usually Sundays in the western world. The laws were adopted originally for religious reasons ...

'' was passed to establish a Sunday Sabbath marked by religious observance and business closure. In 1982, the Big M Drug Mart was charged with violating the Act by selling items on Sundays. During the litigation, constitutional questions were raised regarding the Act's compatibility with freedom of religion and conscience. The case also raised questions concerning its appropriateness under section 1 of the ''

Canadian Charter of Rights and Freedoms The ''Canadian Charter of Rights and Freedoms'' (), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part of the '' Constitution Act, 1982''. The ''Char ...

''. Regarding its consistency with the Parliament's criminal jurisdiction, it also raised concerns. The ''Lord's Day Act'' was declared unconstitutional by the Supreme Court because it breached section 2 of the Charter. The Act was unconstitutional because it had no real secular goal and was designed to encourage religious devotion. The Court's ruling represented the first time Charter law was completely overturned. It also assisted in the development of the "Oakes test," which stipulates that any restriction on Charter rights must be reasonable and backed up by evidence. The Big M Drug Mart case is a potent illustration of Canadian secularism. This is because it exemplifies efforts to maintain religious freedom and the

separation of Church and state The separation of church and state is a philosophical and Jurisprudence, jurisprudential concept for defining political distance in the relationship between religious organizations and the State (polity), state. Conceptually, the term refers to ...

. The case made clear the ''Lord's Day Acts conflicting religious and secular intentions. The Court gave individual rights and freedoms the highest priority over religious commandments by invalidating the Act.

Notes

External links

Institute for Law and Religion
{{Authority control Philosophy of law Religious studies