Law as Religion, Religion as Law

doi:10.1017/9781108760997

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Law as Religion, Religion as Law

Law as Religion, Religion as Law

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Edited by David C. Flatto, Hebrew University of Jerusalem, Benjamin Porat, Hebrew University of Jerusalem

Publisher:: Cambridge University Press
Online publication date:: August 2022
Print publication year:: 2022
Online ISBN:: 9781108760997
DOI:: https://doi.org/10.1017/9781108760997
Creative Commons:: This content is Open Access and distributed under the terms of the Creative Commons Attribution licence CC-BY-NC-ND 4.0 https://creativecommons.org/creativelicenses

Subjects:: Philosophy of Religion, Law, Religion, Jurisprudence

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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.

‘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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Law as Religion, Religion as Law

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Contents

Law As Religion, Religion As Law
pp i-ii

Law As Religion, Religion As Law - Title page
pp iii-iii

Copyright page
pp iv-iv

Contents
pp v-vi

Contributors
pp vii-viii

Introduction
pp 1-4

A - Sanctification and Secularization
pp 5-80

1 - Desanctification of Law and the Problem of Absolutes
pp 7-28

2 - The Paradox of Human Rights Discourse and the Jewish Legal Tradition
pp 29-52

3 - Sovereign Imaginaries
pp 53-80

B - Legal-Religious Language
pp 81-170

4 - Dat: From Law to Religion
pp 83-112

5 - Law As Religion, Religion As Law
pp 113-150

6 - Canonicity As a Defining Feature of Legal and Religious Discourse
pp 151-170

C - Legal-Theological Roots
pp 171-270

7 - Exceptional Grace
pp 173-196

8 - A Bad Man Theory of Religious Law (Numbers 15:30–31 and Its Afterlife)
pp 197-224

9 - Soviet Law and Political Religion
pp 225-247

10 - International Law as Evangelism
pp 248-270

D - Religious Conceptions of Law
pp 271-340

11 - “Enjoin Them upon Your Children to Keep” (Deuteronomy 32:46)
pp 273-290

12 - “Between Man and God” and “Between Man and His Fellow”
pp 291-313

13 - Christian Feasts and Administration of Roman Justice in Late Antiquity
pp 314-340

E - Law in Formation: Religious Perspectives
pp 341-342

14 - Law as a Problematic Aspect of Religion
pp 343-361

15 - When Law Meets Theology
pp 362-394

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Law as Religion, Religion as Law

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