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Law and Religion in Theoretical and Historical Context

Is there a place for religious language in the public square? Which institution of government is best suited to deciding whether religion should influence law? Should states be required to treat religion and non-religion in the same way? How does the historical role of religion in a society influence the modern understanding of the role of religion in that society?

This volume of essays examines the nature and scope of engagements between law and religion, addressing fundamental questions such as these. Contributors range from eminent scholars working in the fields of law and religion to important new voices who add vital and original ideas. From conservative to liberal, doctrinal to post-modernist, and secular to religious, each contributor brings a different approach to the questions under discussion, resulting in a lively, passionate, and thoughtful debate that adds light rather than heat to this complex area.

Peter Cane is Distinguished Professor of Law at the Australian National University College of Law. He is also a Corresponding Fellow of the British Academy and a Fellow of the Academy of Social Sciences in Australia.

Carolyn Evans is Deputy Director of the Centre for Comparative Constitutional Studies and Associate Dean (Research) at Melbourne Law School.

Zoë Robinson is an early career researcher, having earned a JD from the University of Chicago Law School in 2008.

Peter Cane, Carolyn Evans and Zoë Robinson

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© Cambridge University Press 2008

This publication is in copyright. Subject to statutory exception and to the provisions of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of Cambridge University Press.

First published 2008

Printed in the United Kingdom at the University Press, Cambridge

A catalogue record for this publication is available from the British Library

Library of Congress Cataloguing in Publication data

    Law and religion in theoretical and historical context / edited by Peter Cane,
                        Carolyn Evans, and Zoë Robinson.
                                    p.  cm.
                             ISBN 978-0-521-42590-2
1. Religion and law.  2. Religion and politics. 3. Religion and state. 4. Church and
state.  5. Religion and culture.  I. Cane, Peter, 1950–  II. Evans, Carolyn, lecturer in law.
                                III. Robinson, Zoë.
                                BL65.L33L395  2008
                                   201′.72–dc22
                                   2008018934

ISBN 978-0-521-42590-2 hardback

Cambridge University Press has no responsibility for the persistence or accuracy of URLs for external or third-party internet websites referred to in this book, and does not guarantee that any content on such websites is, or will remain, accurate or appropriate.

Contents

Contributors

Margaret Davies is a Professor of Law at Flinders University.

Carolyn Evans is an Associate Professor at the Centre for Comparative Constitutional Studies, University of Melbourne.

Malcolm D. Evans is a Professor of Law and Dean of the Faculty of Social Sciences and Law at Bristol University.

Ruth Gavison is Haim H. Cohn Professor of Human Rights at the Hebrew University of Jerusalem.

Michael W. Mcconnell is a Judge of the 10th US Circuit Court of Appeals and the Presidential Professor of Law at the SJ Quinney College of Law, University of Utah.

Denise Meyerson is a Professor of Law at Macquarie University.

Ngaire Naffine is a Professor of Law at the University of Adelaide.

Yossi Nehushtan is a Teaching Fellow, The College of Management, Law School, Israel.

Nahshon Perez is Visiting Lecturer, Political Science and Israel Studies, University of California at Los Angeles.

Peter Radan is Associate Professor and Head of the Department of Law at Macquarie University.

Lawrence Sager holds the John Jeffers Research Chair in Law and the Alice Jane Drysdale Sheffield Regents Chair and is also Dean of the School of Law at the University of Texas at Austin.

Charlotte Smith is a Lecturer and Senior Tutor at the School of Law, University of Reading.

Jeremy Webber holds the Canada Research Chair in Law and Society at the Faculty of Law, University of Victoria.

Ernst Willheim is based at the Australian National University College of Law.