A systems theory re-construction of Law and Religion

Sandberg, Russell ORCID: https://orcid.org/0000-0002-4310-9677 2019. A systems theory re-construction of Law and Religion. Oxford Journal of Law and Religion 8 (3) , pp. 447-472. 10.1093/ojlr/rwz028

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Abstract

Law and Religion has rapidly developed as an academic sub-discipline in English and Welsh Law Schools in the twenty-first century amidst a significant amount of legislation, litigation and public debate about religion. However, there are signs that this sub-discipline is becoming inward looking and stagnating. This article takes a step back and uses Niklas Luhmann’s social systems theory to explore how Law and Religion has developed as a sub-discipline. Bringing together Luhmann’s work on law and his work on religion, a systems theory of Law and Religion is developed for the first time. Deriving from but refining and developing social systems theory, this article is argues that Law and Religion requires a radical rethink if it is to flourish as an area of study.

Item Type:	Article
Date Type:	Publication
Status:	Published
Schools:	Schools > Law
Subjects:	K Law > K Law (General) K Law > KD England and Wales
Publisher:	Oxford University Press
ISSN:	2047-0770
Date of First Compliant Deposit:	25 November 2019
Date of Acceptance:	10 October 2019
Last Modified:	25 Nov 2024 06:00
URI:	https://orca.cardiff.ac.uk/id/eprint/126793

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