The Rule of Law and the Place of Religion: Lessons from the Pandemic

Andrea Pin is Associate Professor of Comparative Public Law, University of Padua, and Senior Fellow at the Center for the Study of Law & Religion Emory University

This post is part of an ongoing Series about Religion and the Rule of Law.

The 2020 pandemic has been a challenge for the rule of law as well as for religions. Perhaps even more importantly and sadly, it has made them clash with each other.

During the pandemic, many states have seen religion as a threat. These states have behaved accordingly, limiting or even preventing many religious practices in ways that go beyond just affecting human rights to even, some might say, overstepping the boundaries between church and state. For example, the Italian Government temporarily permitted temple visits but prohibited religious celebrations, including liturgies such as the Eucharist for Catholics. In other words, it did not simply recommend that religions respect social distancing—it told them and their believers what they could or could not do. This comes at a price—for religions and states alike. (more…)

Continue Reading The Rule of Law and the Place of Religion: Lessons from the Pandemic

Series: Religion and the Rule of Law

We have opened a Series on the topic of Religion and the Rule of Law. Existing posts are listed below.  Watch for more. Sohail Wahedi. Private Beliefs, Public Platforms and the Rule of Law Paul Gowder: Religion and…

Continue Reading Series: Religion and the Rule of Law

The World-Defining Contest between Monism and Dualism and the Future of Religious Freedom

Brett G. Scharffs is Director of the International Center for Law and Religion Studies and Rex E. Lee Chair and Professor of Law at  Brigham Young University Law School. This post is excerpted from a chapter in the forthcoming book in the Routledge ICLARS Series on Law and Religion:  Law, Religion, and Freedom: Conceptualizing a Common Right, W. Cole Durham, Jr, Javier Martínez-Torrón, and Donlu Thayer, eds. (Routledge 2020).

This post is part of an ongoing Series about Religion and the Rule of Law.

Setting aside the immediate exigencies of the coronavirus crisis, we are living at an important time for religious freedom, and that is not necessarily a good thing. It seems quite apparent that in recent years many nations are in the midst of a world-defining struggle between two dramatically different visions of the state and its relationship with its people. The contest is between what is sometimes called monism, which is inclined towards various types of statism that emphasize the state’s monopoly on legal power, and dualism, the idea that the state’s domain over the peoples’ lives is in some important way subject to limits that lie outside and beyond the state itself.

Dualism is an old idea. The Gospel of Mark famously reflects a worldview at least 2000 years old in Jesus’s answer to a lawyer who asked whether it was lawful to pay taxes to the ruling state:  “ Render unto Caesar the things that are Caesar’s, and to God the things that are God’s.” Mark 12:15-17 (KJV). (more…)

Continue Reading The World-Defining Contest between Monism and Dualism and the Future of Religious Freedom