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A systems theory re-construction of Law and Religion

Sandberg, Russell ORCID: 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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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: 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: 07 Nov 2023 08:29

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