Event Details
Law and Religion
Author: Russell Sandberg
Publisher: Cambridge University Press
Publication Place: Cambridge
Pages: 220
ISBN: 9781107003798
Category: n\a
Description
The worlds of law and religion increasingly collide in Parliament and the courtroom. Religious courts, the wearing of religious symbols and faith schools have given rise to increased legislation and litigation. This is the first student textbook to set out the fundamental principles and issues of law and religion in England and Wales. Offering a succinct exposition and critical analysis of the field, it explores how English law regulates the practice of religion. The textbook surveys law and religion from various perspectives, such as human rights and discrimination law, as well as considering the legal status of both religion and religious groups. Controversial and provocative questions are explored, promoting full engagement with the key debates. The book's explanatory approach and detailed references ensure understanding and encourage independent study. Students can track key developments on the book's updating website. This innovative text is essential reading for all students in the field.
Table of contents
Preface ix
Table of cases xi
1 What is ‘law and religion’? 1
Introduction 1
The growth of law and religion 2
Defining law and religion 5
The external and internal aspects of law and religion 5
The inadequacy of other terms 7
Religion law 10
Religious law 12
Conclusions 14
2 Historical development 17
Introduction 17
The temporal–spiritual partnership 18
The effect of the Norman Conquest 18
The Courts Christian 20
Discrimination and intolerance 23
The English Church 24
The disadvantaging of alternative religion 25
Religious toleration 26
The recognition of difference 27
The effect upon the established Church 28
Positive religious freedom 29
Domestic developments 31
International developments 33
A positive right to religious freedom? 36
Conclusions 37
3 Legal definitions of religion 39
Introduction 39
Registration and charity law 39
The five filters 40
Towards a definition of religion 42
The current position 45
Human rights law 46
The reluctance to define 47
The scope of religious freedom provisions 49
The definition of belief 50
Discrimination law 53
The original definition 53
The revised definition 54
The adoption of the human rights jurisprudence 55
Conclusions 57
4 The legal position of religious groups 59
Introduction 59
The Church of England 60
The Church and the Monarch 61
The Church and Parliament 61
The Church and the courts 64
The Church and public ministry 65
Challenges to establishment 66
A milder form of establishment: the Church of Scotland 70
Non-established religious groups 72
The doctrine of consensual compact 72
The principle of non-interference 74
The Forbes v. Eden exception 76
Conclusions 77
5 Religious freedom as a human right 81
Introduction 81
Article 9 of the ECHR 82
Article 9(1): the question of interference 83
The definition of belief filter 83
The manifestation/motivation requirement 84
The specific situation rule 84
Article 9(2): the question of justification 86
The rise of article 9 in domestic jurisprudence 87
The House of Lords decision in Williamson 87
Lower court decisions following Williamson 89
The fall of article 9 in domestic jurisprudence 89
The House of Lords decision in Begum 90
Lower court decisions following Begum 92
Exceptions to the rule 94
The significance of Watkins-Singh 96
Conclusions 98
6 Discrimination on grounds of religion 100
Introduction 100
The legal framework 100
The Equality Act 2010 101
Defining religion or belief 102
Victimisation and harassment 103
Direct discrimination 104
Making a prima facie case 105
The focus upon the respondent 107
A restrictive approach 108
Indirect discrimination 108
Successful claims concerning working hours 109
Successful claims concerning religious dress 109
Unsuccessful claims which failed on grounds of justification 110
Unsuccessful claims which failed on grounds of interference 112
The interaction with Article 9 114
Religious exceptions 117
Employment exceptions 119
Goods and services exceptions 123
Conclusions 128
7 Religious offences 131
Introduction 131
The old religious offences 131
The common law offence of blasphemy 133
The road to abolition 135
Jerry Springer: the court case 138
The right to blaspheme 139
The new religious offences 141
Religious hatred 142
Religiously aggravated offences 144
Conclusions 147
8 Religion in schools 150
Introduction 150
The school system 151
Maintained schools 151
Independent schools 152
Schools without a religious character 153
Religious education 154
Religious worship 157
A satisfactory compromise? 158
Schools with a religious character 160
State-maintained schools with a religious character 161
Independent schools with a religious character 165
Conclusions 166
9 Religious law 169
Introduction 169
Defining religious law 170
A purpose-based definition 172
A source-based definition 174
A subject-based definition 176
A pedagogical definition 178
Huxley's OWL 180
The recognition of religious law 182
Recognition as a matter of fact 183
Recognition through state law 183
Recognition by the Arbitration Act 1996 184
Recognition through private international law 189
Conclusions 189
10 The clash of arms 191
Introduction 191
Emerging trends 193
The juridification of religion 193
The rise of religion law 195
Pressure points 197
The curse of Begum 198
Judging religious doctrine 200
The tension between the old and the new 202
Conclusions 204
Index 210
The worlds of law and religion increasingly collide in Parliament and the courtroom. Religious courts, the wearing of religious symbols and faith schools have given rise to increased legislation and litigation. This is the first student textbook to set out the fundamental principles and issues of law and religion in England and Wales. Offering a succinct exposition and critical analysis of the field, it explores how English law regulates the practice of religion. The textbook surveys law and religion from various perspectives, such as human rights and discrimination law, as well as considering the legal status of both religion and religious groups. Controversial and provocative questions are explored, promoting full engagement with the key debates. The book's explanatory approach and detailed references ensure understanding and encourage independent study. Students can track key developments on the book's updating website. This innovative text is essential reading for all students in the field.
Table of contents
Preface ix
Table of cases xi
1 What is ‘law and religion’? 1
Introduction 1
The growth of law and religion 2
Defining law and religion 5
The external and internal aspects of law and religion 5
The inadequacy of other terms 7
Religion law 10
Religious law 12
Conclusions 14
2 Historical development 17
Introduction 17
The temporal–spiritual partnership 18
The effect of the Norman Conquest 18
The Courts Christian 20
Discrimination and intolerance 23
The English Church 24
The disadvantaging of alternative religion 25
Religious toleration 26
The recognition of difference 27
The effect upon the established Church 28
Positive religious freedom 29
Domestic developments 31
International developments 33
A positive right to religious freedom? 36
Conclusions 37
3 Legal definitions of religion 39
Introduction 39
Registration and charity law 39
The five filters 40
Towards a definition of religion 42
The current position 45
Human rights law 46
The reluctance to define 47
The scope of religious freedom provisions 49
The definition of belief 50
Discrimination law 53
The original definition 53
The revised definition 54
The adoption of the human rights jurisprudence 55
Conclusions 57
4 The legal position of religious groups 59
Introduction 59
The Church of England 60
The Church and the Monarch 61
The Church and Parliament 61
The Church and the courts 64
The Church and public ministry 65
Challenges to establishment 66
A milder form of establishment: the Church of Scotland 70
Non-established religious groups 72
The doctrine of consensual compact 72
The principle of non-interference 74
The Forbes v. Eden exception 76
Conclusions 77
5 Religious freedom as a human right 81
Introduction 81
Article 9 of the ECHR 82
Article 9(1): the question of interference 83
The definition of belief filter 83
The manifestation/motivation requirement 84
The specific situation rule 84
Article 9(2): the question of justification 86
The rise of article 9 in domestic jurisprudence 87
The House of Lords decision in Williamson 87
Lower court decisions following Williamson 89
The fall of article 9 in domestic jurisprudence 89
The House of Lords decision in Begum 90
Lower court decisions following Begum 92
Exceptions to the rule 94
The significance of Watkins-Singh 96
Conclusions 98
6 Discrimination on grounds of religion 100
Introduction 100
The legal framework 100
The Equality Act 2010 101
Defining religion or belief 102
Victimisation and harassment 103
Direct discrimination 104
Making a prima facie case 105
The focus upon the respondent 107
A restrictive approach 108
Indirect discrimination 108
Successful claims concerning working hours 109
Successful claims concerning religious dress 109
Unsuccessful claims which failed on grounds of justification 110
Unsuccessful claims which failed on grounds of interference 112
The interaction with Article 9 114
Religious exceptions 117
Employment exceptions 119
Goods and services exceptions 123
Conclusions 128
7 Religious offences 131
Introduction 131
The old religious offences 131
The common law offence of blasphemy 133
The road to abolition 135
Jerry Springer: the court case 138
The right to blaspheme 139
The new religious offences 141
Religious hatred 142
Religiously aggravated offences 144
Conclusions 147
8 Religion in schools 150
Introduction 150
The school system 151
Maintained schools 151
Independent schools 152
Schools without a religious character 153
Religious education 154
Religious worship 157
A satisfactory compromise? 158
Schools with a religious character 160
State-maintained schools with a religious character 161
Independent schools with a religious character 165
Conclusions 166
9 Religious law 169
Introduction 169
Defining religious law 170
A purpose-based definition 172
A source-based definition 174
A subject-based definition 176
A pedagogical definition 178
Huxley's OWL 180
The recognition of religious law 182
Recognition as a matter of fact 183
Recognition through state law 183
Recognition by the Arbitration Act 1996 184
Recognition through private international law 189
Conclusions 189
10 The clash of arms 191
Introduction 191
Emerging trends 193
The juridification of religion 193
The rise of religion law 195
Pressure points 197
The curse of Begum 198
Judging religious doctrine 200
The tension between the old and the new 202
Conclusions 204
Index 210
Highlights
