Introduction to Law and Religion: Trends and Tensions

Vocabulary flashcards covering current trends, scholarly mappings (Ahdar), tensions, theoretical approaches, and key legal themes in the study of Law and Religion.

"Familiar Waterways" (Ahdar)

In Rex Ahdar's mapping of law and religion scholarship, the central and well-explored areas of the field, specifically focusing on religious freedom as a constitutional right and state-religion relations.

"Tributaries" (Ahdar)

Sub-fields that flow into the core areas of law and religion, including legal definitions of religion, conscientious objection in medicine, religious education, blasphemy, religious hate speech, and tensions with equality norms.

"Rivers Less Travelled" (Ahdar)

Areas of law and religion that are charted but rarely explored in depth, such as indigenous religions, neo-pagan practices, law as a religious enterprise, non-Christian faiths, and feminist analyses.

"Uncharted Seas" (Ahdar)

Emerging frontiers in law and religion, including "data religion" and the ability of technology or private platforms to prevent rule-breaking and block religious speech.

Ktunaxa Nation v British Columbia (SCC 2017)

A Supreme Court of Canada decision concerning indigenous religion that considered whether the legal protection of religious freedom extends to a sacred site itself or only to the freedom to worship.

Data Religion

A concept identified by Yuval Noah Harari in Homo Deus, categorized within law and religion scholarship as an "uncharted sea" exploring the impact of technology on religious belief and practice.

Roger Brownsword's Regulatory Dilemma

A regulatory and philosophical question quoted in Ahdar (2018): "If we are regulated so that we can only do the right thing, does it matter that we lose the opportunity to do the wrong thing?"

Four Key Approaches to Law and Religion

The disciplinary lenses used to study the intersection of law and religion: doctrinal, historical, philosophical, and sociological.

Conscientious Objections and Religious Exemptions

Legal accommodations sought by believers when general secular laws conflict with their faith, requiring courts to balance religious conscience against competing secular and equality standards.

The "Black Hole" of Religious Freedom

The legal question of whether a dedicated right to religious freedom is necessary when protection from religious discrimination exists, and whether religious freedom exemptions are discriminatory toward other protected groups.

Internal Religious Legal Systems

Autonomous legal or normative structures within religious communities (such as Shari'a law) that must be balanced against state sovereignty, secular legal standards, and individual rights.

Manifestation of Religion

The external actions of religious adherence—specifically identifying what it means to practice, profess, and propagate belief, faith, and conscience under the law.

Intertwined Domains of Law and Religion

A non-exhaustive model of overlapping areas where law and religion intersect: state-religion relationships, healthcare, family life, internal religious systems, education, conscientious objections/exemptions, and other fundamental rights (equality, non-discrimination, and free speech).

Rights Balancing Act in Law and Religion

A conceptual model illustrating the judicial tension and balance between religious manifestation (belief, faith, conscience, practice, profess, propagate) and competing societal interests or rights (equality, non-discrimination, security, morality, free speech, assembly, association, and right to life).