Religious Freedom and the Courts

James T. Richardson is Emeritus Foundation Professor of Sociology and Judicial Studies, University of Nevada, Reno.

This post is part of a series on the sociology of religious freedom.

A Sociology of Religious Freedom, coauthored by Olga Breskaya, Giuseppe Giordan, and James T. Richardson, offers in part a sociological perspective on the theoretical underpinnings of the role played by the courts, especially in Western societies, in determining the meaning and implementation of religious freedom. It first explicates how and why this crucial role for the courts has evolved in recent decades and then explores specific trends and landmark cases in major judicial systems in the United States and in Western Europe, focusing on the role courts have played in the protection of religious freedom.

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Sociology of Religious Freedom

In 2025, the monograph “A Sociology of Religious Freedom” saw the light. In this series, Olga Breskaya, Giuseppe Giordan, and James T. Richardson, who co-authored the book, provide insights from their study. They define religious freedom as a multidimensional concept, located at the intersection of five areas of meaning: (a) the autonomy of individuals and religious groups, (b) the societal value of freedom of and from religion, (c) the normative principles of state-religion governance, (d) international human rights standards, and (e) the socio-legal impacts of the judicialization of religion. The combination of social and legal perspectives enriches both sociologists and lawyers with a better understanding of how religious freedom operates in times of secularization and the pluralization of Western societies.

Giordan’s posts  set up the theory of religious freedom and explain the aims of sociological studies of this human right. Borrowing from legal sociology, Richardson’s post focuses on the judicialization of religious freedom and the roles of American and European courts in shaping its scope and limits. Breskaya’s contribution discusses empirical methods of investigating religious freedom.

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