A Systems Theory Re-Construction of Law and Religion. (19th December 2019)

• Record Type: Journal Article
• Authors: Sandberg, Russell
• Is Part Of: Oxford journal of law and religion. Volume 8:Number 3(2019)
• Page Start: 447
• Page End: 472
• Publication Date: 2019-12-19
• Subjects: Religion and law -- Periodicals; Religion and state -- Periodicals; Religion and sociology -- Periodicals; Jurisprudence -- Periodicals; Human rights -- Periodicals; 342.0852
• DOI: 10.1093/ojlr/rwz028
• Languages: English
• ISSNs: 2047-0770

Abstract

Abstract: Law and Religion has rapidly developed as an academic sub-discipline in English and Welsh Law Schools in the 21st century amidst a significant amount of legislation, litigation, and public debate about religion. However, there are signs that this sub-discipline is becoming inward looking and stagnating. This article takes a step back and uses Niklas Luhmann's social systems theory to explore how Law and Religion has developed as a sub-discipline. Bringing together Luhmann's work on law and his work on religion, a systems theory of Law and Religion is developed for the first time. Deriving from but refining and developing social systems theory, the article argues that Law and Religion requires a radical rethink if it is to flourish as an area of study.