Religion law and religious law

Paradoxically, Law and Religion is a new academic discipline which relates to an age old interaction. Tensions between secular authorities and religious convictions are a constant throughout history. Laws have prohibited, constrained, tolerated, enabled, privileged and burdened both religious groups and the religious beliefs and actions of individuals. Yet, the study of Law and Religion is a relatively new phenomenon. It was only in the late twentieth century that scholarly societies and research centres were formed, that a steady flow of journal articles, edited books and monographs were produced, that journals and book series were set up and that courses were established and some textbooks written. It is only very recently that there are scholars who regard Law and Religion as their academic specialism. Though concentrated in Law Schools, a number of practitioner works, specialist conferences and government-funded research initiatives have underlined how Law and Religion is not a purely academic concern. Neither is it constrained academically nor geographically. Scholars in a range of cognate disciplines are paying increasing interest in religious matters, especially its regulation, while the establishment of international societies and gatherings underline the universality of the rebirth. Of course, experiences differ from place to place. In some jurisdictions, such as continental Europe and the United States, aspects of Law and Religion have long been studied and taught but in recent years the topic matter has become increasingly controversial and the focus has evolved beyond the study of Church and State. Meanwhile, in other jurisdictions such as the United Kingdom, Australia and South Africa, Law and Religion is becoming regarded as an academic subject for the first time, studied and researched like other legal sub-disciplines such as family law or employment law. This chapter revisits the understanding of Law and Religion as being at least the study of religion law and religious law (as articulated in R Sandberg, 'Law and Religion' (Cambridge University Press, 2011). It develops and critiques this understanding drawing upon the recent work of John Witte Jr