Law as Religion, Religion as Law

Administrative / Constitutional Law › Law

Law as Religion, Religion as Law

Edited by David C. Flatto · Benjamin Porat
Cambridge University Press February 2025

Specifications

ISBN-13
9781108707923
Publisher
Cambridge University Press
Publication
February 2025
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Hardback

Details

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.

Table of Contents

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
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