Religion, Law and Society

Sandberg, Russell

doi:10.1017/cbo9781139226356

Cited by 89 publications

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“…Sociology of law, political sociology, and sociology of religion together with the other social-science disciplines, including legal studies, addressed anew the topic of religious freedom in the last three decades (Finke 1990;Richardson 2006Richardson , 2007Sullivan 2005;Gill 2008;Wuthnow and Lewis 2008;Banchoff and Wuthnow 2011;Grim and Finke 2011;Finke 2013;Finke and Martin 2014;Fox 2015;Sandberg 2011Sandberg , 2014Hefner 2015;Hurd 2015;Mayrl 2018). However, the sociological potential of research on this topic remains untapped.…”

Section: Introductionmentioning

confidence: 99%

Measuring the Social Perception of Religious Freedom: A Sociological Perspective

Breskaya

Giordan

2019

Religions

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This article discusses the construction of the measuring instrument for the study of social perception of religious freedom (SPRF). We provide an overview of existing definitions of religious freedom from a social-science perspective, which ground the empirical research of religious freedom and describe the conceptualization of SPRF. We focus on the operationalization model and introduce the operational variables for the SPRF research, also emphasizing the political, religious, and human rights contexts of independent variables. Finally, the results of exploratory factor analysis that allow to construct the balanced model of SPRF based on statistically weighted factors and scales are presented. The theoretical and statistically tested instrument is discussed as a result of this analysis.

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Section: Introductionmentioning

confidence: 99%

Measuring the Social Perception of Religious Freedom: A Sociological Perspective

Breskaya

Giordan

2019

Religions

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“…Such a determination of the mode of separation of state and church means, in the context of France and its acceptance of secularism as a firm ideological determinant of the Republic, the complete exclusion of religion from the public sphere. 27 It is a consequence of tradition, of historical movements before and after the French Revolution, but it also contains exceptions that are a consequence of tradition as well (the example of the Alsace-Moselle department in which the state finances religious instruction for three recognized religions, since there is still a concord with the Holy See in force 28 ). French laicism (secularism) has deep-rooted historical reasons dating back to the time before the French Revolution of 1787.…”

Section: Models Of State-church Relations In the Individual Eu Membermentioning

confidence: 99%

A Contribution to the Debate on the Republic of Croatia as a Secular State and on the Terms Secularization and Secularism

Staničić

2019

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In this paper, the author addresses the question of separation of state and church in the Republic of Croatia. There are those who argue that Croatia is a secular state, and there are those who argue the opposite. In order to analyze the relationship of state and church in the Republic of Croatia, the author first analyzes the constitutional determination of separation of state and church. He then analyzes different models of state-church relations in order to provide a theoretical frame for the inclusion of the Republic of Croatia in a corresponding model. He defines the term "secularism" and distinguishes this term from two other terms: "secular" and "secularization". Through examples and research done by other authors he shows that there is no common definition of secularism and that it is not possible to define it in a way that would apply in every legal system. The author shows that those who argue that Croatia is not a secular state are wrong. However, he also shows that the meaning that "secularists" in Croatia ascribe to the term "secularism", on the basis of which they claim that Croatia is a secular state, is also flawed. Namely, secularism in the context of Croatia does not have the same meaning as that in France-the banning of religion from the public sphere. Croatia has built a cooperation model of church and state relations in which church and state are separate, but the state is obliged to cooperate with and assist religious communities in their work.

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“…Sociologists of religion often refer to their approach towards studying religion as being one of 'methodological agnosticism'. 135 In the words of Georg Simmel, methodological agnosticism requires a distinction to be drawn between the 'metaphysical event that is readily capable of implying or forming the basis of religion' and 'the subjective attitude of human beings'. 136 Methodological agnosticism requires the making of that distinction and the bracketing aside of the question of the status of religious claims.…”

Section: Conclusion: the Need For A Universal Definition Of Religion?mentioning

confidence: 99%

“…138 Methodological agnosticism, as a principle, could inform the interest in definitions taken by lawyers as well as sociologists. 139 As Roger Cotterrell has noted, 'both law and sociology must define and conceptualize very elusive aspects of human behaviour'. 140 Sociologists and lawyers are primarily interested in religion as a human activity and take an ultimately 'pragmatical, contextualised approach' to defining religion.…”

Section: Conclusion: the Need For A Universal Definition Of Religion?mentioning

confidence: 99%

Clarifying the Definition of Religion Under English Law: The Need for a Universal Definition

Sandberg

2018

Eccles. law j.

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There is no universal definition of religion under English law. Instead, different definitions have been developed by courts and tribunals in relation to different religious rights. Although there have been moves towards the harmonisation of these different definitions, recent decisions have reversed that trend. This article explores for the first time how this has led to a confused and contradictory case law. It begins by surveying how religion has been defined in registration law, charity law, human rights law and discrimination law, the moves towards harmonisation and the counter-tendencies in the recent decisions. It places the recent decisions within their broader legal context and points out a number of contradictions and uncertainties. Arguing that a universal definition of religion under English law is now needed, it synthesises the case law to identify the elements of a universal definition that already exist. The article examines how these can be refashioned in order to remove inconsistencies that exist in different areas of law. Drawing upon insights from the sociology of religion, the article concludes by proposing a new definition.

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Religion, Law and Society

Cited by 89 publications

References 0 publications

Measuring the Social Perception of Religious Freedom: A Sociological Perspective

Measuring the Social Perception of Religious Freedom: A Sociological Perspective

A Contribution to the Debate on the Republic of Croatia as a Secular State and on the Terms Secularization and Secularism

Clarifying the Definition of Religion Under English Law: The Need for a Universal Definition

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