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Law and religion

Law and religion is a science topic covered in the lgStudy science library. This page brings together a partial reference excerpt, illustrations, worked examples, real-world applications and a short study plan, so you can understand Law and religion rather than just read about it. In short: Law and religion is the interdisciplinary study of relationships between law, especially public law, and religion. 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, was first published that year.

Key takeaways

  • Law and religion belongs to science; place it in that map before memorising details.
  • Learn the definition first, then one example that makes the definition concrete.
  • Connect Law and religion to a quantity you can measure, compute or draw — that is where exam questions come from.
  • Reproduce the core statement of Law and religion from memory before moving on to harder problems.

Reference excerpt

Law and religion is the interdisciplinary study of relationships between law, especially public law, and religion. 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, 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.

Research topics Scholars in the field are not only focused on strictly legal issues about religious freedom 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, natural law, and state law, often in comparative perspective. They have explored themes in western history regarding Christianity and justice and mercy, rule and equity, discipline and love. Topics include marriage and the family, and human rights. Aside from Christianity, scholars have looked at connections between the Quran in the Muslim Middle East, Asian ancestral religions, occult altercations, pagan 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, the effect of law on the Protestant Reformation, and contemporary issues like homosexual unions, the ordination of women to the diaconate and priesthood, and conscientious objection to war. Studies have been published on secularization, in particular the issue of wearing religious symbols in public, such as headscarves that are banned in French schools, have received scholarly attention in the context of human rights and feminism. 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 denomination who wish to deny medical care to their ill children in favor of faith healing. 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 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 and Roman societies based on pleasing the various gods they worshipped. Ancient Judeo-Christian 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 because of the laws established in the First Amendment 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.

… excerpt ends here. Continue reading the full article.

Worked examples

Example 1 — a first encounter with Law and religion

Start with the simplest possible case. Write down what Law and religion claims or describes in one sentence, then invent the smallest concrete situation in which that sentence is true. In science, the smallest case is usually a single object, a single equation or a single measurement. Check that every symbol or term in your sentence has a meaning in that case.

Example 2 — changing one variable

Take the situation from Example 1 and change exactly one quantity: double it, halve it, or set it to zero. Predict what should happen to Law and religion before you calculate. Comparing your prediction with the result is the fastest way to find out whether you understand the idea or only the words.

Example 3 — an exam-style question

Typical questions about Law and religion ask you to (a) state it precisely, (b) apply it to given data, and (c) explain a limitation. Practise writing all three answers in under five minutes; the third part is what separates a full-mark answer from an average one.

Applications of Law and religion

In research
Law and religion appears in science research whenever the underlying quantities have to be modelled precisely. Papers usually cite it as a starting assumption and then explore where it breaks down.
In technology and industry
Engineering practice reuses Law and religion in design rules, simulations and safety margins. Knowing the idea lets you read a specification sheet and understand why the numbers look the way they do.
In the classroom
Law and religion is common in secondary-school and first-year university syllabi. It links to neighbouring topics Philosophy of law, Religion and law, Religious studies, so understanding it makes those chapters shorter.
In everyday life
Look for Law and religion outside the textbook — in sport, cooking, traffic, electronics or the sky above you. An example you found yourself is remembered far longer than one you were given.
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How to study Law and religion in 20 minutes

  1. Read the reference excerpt below once, without taking notes.
  2. Close the page and write down what Law and religion means in your own words.
  3. Compare your version with the excerpt and mark what you missed.
  4. Work through the three examples above with pen and paper.
  5. Explain Law and religion out loud to somebody else — or to Teacher Smith in the lgStudy chat.

Frequently asked questions

What is Law and religion in simple terms?

Law and religion is the interdisciplinary study of relationships between law, especially public law, and religion. 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, was first published…

Why does Law and religion matter?

Because it connects several science ideas at once: it gives you a definition you can apply, a quantity you can calculate, and a way to check whether a result is plausible.

How should I study Law and religion?

Read the excerpt, restate it from memory, then work through the examples and applications listed on this page. The five-step study plan above takes about twenty minutes.

What does this page cover?

It gives you a compact reference excerpt plus original lgStudy explanations, examples, applications and study material on Law and religion.

Tags

  • Philosophy of law
  • Religion and law
  • Religious studies

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