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.
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'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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In contrast with the conventional approach, this volume explores the dynamic interplay and intersection of law and religion.
Part I. Sanctification and Secularization:
1. Desanctification of law
and the problem of absolutes Jeremy Waldron;
2. The paradox of human rights
discourse and the Jewish legal tradition Suzanne Last Stone;
3. Sovereign
imaginaries: visualizing the sacred foundation of law's authority Richard K.
Sherwin; Part II. Legal-Religious Language:
4. Dat: from law to religion: the
transformation of formative term in modern times Abraham Melamed;
5. Law as
religion, religion as law: Halakhah from a semiotic point of view Bernard S.
Jackson;
6. Canonicity as a defining feature of legal and religious
discourse: a programmatic essay Daniel Reifman; Part III. Legal-Theological
Roots:
7. Exceptional grace: religion as the sovereign suspension of law
Robert Yelle;
8. A bad man theory of religious law (numbers 15:30-31 and its
afterlife) David C. Flatto;
9. Soviet law and political religion Dmytro Vovk;
10. International law as evangelism Kevin Crow; Part IV. Religious
Conceptions of Law:
11. 'Enjoin them upon your children to keep' (Deuteronomy
32:46): law as commandment and legacy, or, Robert Cover meets Midrash Steven
D. Fraade;
12. 'Between man and god' and 'Between man and his fellow':
categories in Polemical context Itzhak Brand;
13. Christian feasts and
administration of Roman justice in late antiquity Silvia Schiavo; Part V. Law
in Formation: Religious Perspectives:
14. Law as a problematic aspect of
religion: Paul's skepticism in a broader Jewish context Serge Ruzer;
15. When
law meets theology: legality and revelation in the Jewish, Islamic, and
Zoroastrian traditions in the Abbasid period Yishai Kiel.
David C. Flatto is Professor of Law and Jewish philosophy at The Hebrew University of Jerusalem. His most recent book is The Crown and the Courts: Separation of Powers in the Early Imagination (Harvard University Press, 2020). Benjamin Porat is Professor of Law, Vice-Dean of the Faculty of Law, and the Director of the Matz Institute for Research in Jewish Law, at The Hebrew University of Jerusalem. He is the author of The Principles of Welfare Regulations: From Biblical Law to Rabbinic Literature (2019).
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