Law, Religion, and Freedom: Conceptualizing a Common Right: A New Book Considers Issues Critical to Our Times

Donlu Thayer is a Senior Fellow at the International Center for Law and Religion Studies. Before her retirement at the end of 2019, she was the Center’s Publications Director. This blogpost is modified from Thayer’s Introduction to Law, Religion, and Freedom: Conceptualizing a Common Right, which she edited with Cole Durham and Javier Martínez-Torrón, recently released by Routledge as part of its ICLARS Series on Law and Religion.

In September 2016, some 150 international experts in law and religion from 37 countries met at St. Hugh’s College in Oxford for the fourth conference of the International Consortium for Law and Religion Studies (ICLARS). The event was co-sponsored by the International Center for Law and Religion Studies (ICLRS) of BYU Law School, by the Religion, Law and International Relations Programme of the Centre for Christianity and Culture of Regent’s Park College, Oxford, and by the University of Milan.

The conference was organized with attention to the theme ‘Freedom of/for/from/within Religion: Differing Dimensions of a Common Right?’  Two books were developed from papers delivered at the conference and from subsequent conversations related to the theme: Religious Freedom and the Law: Emerging Contexts for Freedom for and from Religion, edited by Brett Scharffs, Asher Maoz, and Ashley Woolley, and the book introduced here, which provides conceptual frameworks for and queries aspects of the theme.

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Individualization of Religious Beliefs, Secularization and Religion-State Relations

A growing trend of religious life in contemporary Western societies is the number of religiously unaffiliated people (also known as “nones”). Some of them believe in nothing, but many others shape religious beliefs with their own, individual understanding of God, the world, and their place in it. They may have specific convictions of what their religion requires or can believe in dogmas of different religions simultaneously, practice spiritual meditation, or sacralize cultural phenomena or ideological concepts.

From a philosophical perspective, the individualization of religion challenges a wide-spread understanding of organized religion (where believers worship God in communion) as the main form of spiritual life. From a law and religion perspective, the questions are how the state should deal with such individualized religious beliefs. Should they be protected under the premises of religious freedom? How will individualization affect religion-state relations?

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Secular Constitutionalism: Introduction to the ICLRS Webinar, held December 7, 2020

Brett G. Scharffs is the Rex E. Lee Chair, Professor of Law, and the Director of the International Center for Law and Religion Studies, J. Reuben Clark Law School, Brigham Young University. BSBA, MA Georgetown University, B.Phil Oxford University (Rhodes Scholar), JD Yale Law School

The blog/webinar model represents a new and important method for doing meaningful work. We can listen and learn from each other, even when we cannot be physically together, and it allows us to post the work quickly and get it into the marketplace of ideas. This is important with the world we live in, and the rapidly changing situation with COVID. I’d like to thank all of our scholars, thanks to those of you who are joining us to listen, and thanks to those who are speaking. We will be focusing today on secular constitutionalism in Poland, Russia, Germany, and Australia.

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