This Element examines the complex intersections between minority religions, legal protections and restrictions, and the role of courts in securing, or inhibiting, religious freedom. It considers the legal status of minority religions in selected countries from a comparative perspective, using sociology of law theories to explain how legal systems treat such religious groups. Relevant actions of the European Court of Human Rights are examined as is how minority religions are dealt with in selected societies where authoritarian or theocratic systems of governance prevail. The Element then examines how interactions with law and the courts have led to changes, or 'deformations,' in selected well-known and controversial new and other minority religions. The Element concludes by observing how courts in Europe and North America have used cases involving minority faiths to promote their own agendas and authority, as well as accomplish other important considerations, including religious freedom.
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Focuses on how minority religions are treated in courts, how that affects them, and how courts extend authority.
Introduction: historical, structural, and cultural factors: a
socio-legal analysis;
1. Theoretical application to specific western
countries and judicial systems: United States, Germany, France, and Belgium;
2. Theoretical application to specific western countries and judicial
systems: Italy, the Netherlands, Denmark, and the United Kingdom;
3. The
European court of human rights;
4. Theoretical application to specific
non-rule of law countries and judicial systems: China, Russia, and Iran;
5.
Law, the courts, and 'deformation' of minority religions;
6. Courts using
minority religions to accomplish their own agendas; Conclusions; References.
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