Ancilla Iuris

Lagen des Rechts
Constellations of Law

Ancilla
Iuris

Prodding the Leviathan

A Brief Response to Russell Sandberg’s Sociology of Religious Law

Ancilla Iuris 2022
Special Issue: Comparing religious laws: Different approaches and methods

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Abstract

In a brief response to Prof. Sandberg, I highlight some of the difficulties inherent in maintaining the standard definition of secularism as the separation of church and state in a context in which religious law is granted legal recognition by the state. Rather than encouraging the further differentiation of spheres of authority or legal pluralism, such a recognition could, in some cases, be seen to call into question the founding gesture of secularism, in which the state was granted a clear monopoly over force and, with this, over positive law.

How to quote this article
Robert A. Yelle, Prodding the Leviathan – A Brief Response to Russell Sandberg’s Sociology of Religious Law, in: Ancilla Iuris (anci.ch) 2022, 93-96.

DOI
http://dx.doi.org/10.26031/2022.093

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