In 2008 Sandberg wrote that ‘Further reflection is required as to the scope and direction of law and religion as an academic study in the United Kingdom.’Footnote 1 Thankfully this is a task that he has successfully taken upon himself. In Law and Religion Sandberg provides a justification for the existence of law and religion as a distinct subject of study and sets out a framework that he fills in as he deftly defines his terms (chapter 1). He then dexterously moves from an explanation of the historical development of the relationship between law and religion (chapter 2) through a consideration of the various legal definitions of religion (chapter 3), the legal position of religious groups (chapter 4), religious freedom as a human right (chapter 5), discrimination on grounds of religion (chapter 6), religious offences (chapter 7), religion in schools (chapter 8) and religious law (chapter 9), concluding with a consideration of emerging trends and pressure points (chapter 10).
While it is primarily designed as a text book for the emerging discipline of law and religion, Sandberg's work has the advantage of being complemented by excellent online materials: the case database and other materials provided on the website of the Centre for Law and Religion at Cardiff. This, together with the useful comparative overview provided in chapter 3 of the approach taken to the concept of religion within various areas of English law (charity law, human rights law and discrimination law), could also prove of interest to practitioners.
In defining his terms in chapter 1, Sandberg provides a discussion of the various areas that could be included within the subject of law and religion. He identifies the study of law and religion as encompassing at least the study of ‘religion law’ – ‘“external” temporal laws affecting religious individuals and groups’ – and ‘religious law’ – ‘“internal” spiritual laws or regulations made by religious groups themselves’ (p 6). He allows that the subject also encompasses the study of the relationship between law and religion, although this is covered in a historical rather than a philosophical or theological context in his book.
The main focus of the book is ‘religion law’ in Britain (chapters 3–8). An extensive definition of ‘religious law’ is considered, together with a discussion as to whether it should be included within the subject of law and religion, in chapter 9. The relationship between law and religion is considered in a historical overview in chapter 2.
Chapter 4, dealing with the legal position of religious groups, covers the legal position of the Church of England and compares this to the rules governing non-established groups. Sandberg identifies the ecclesiastical law of the Church of England as ‘a key part of religion law’. In chapter 5 he moves on to consider the effect of the incorporation of Article 9 of the European Convention on Human Rights into domestic law, providing an overview of the Strasbourg and domestic jurisprudence; and in chapter 6 he looks at the Equality Act 2010 and discrimination on grounds of religion or belief. The interaction of Article 9 and the discrimination law provisions is assessed, followed by an examination of the law on religious exceptions.
Chapter 7 provides a historical overview of the old religious offences, focusing on the offence of blasphemy, and then moves on to consider the new offences, including religious hatred and religiously aggravated offences. Chapter 8 not only gives an overview of the various religion laws affecting education but also considers the role of these laws in the light of society’s changing attitude towards religion, the protection afforded through international instruments to the rights of the child and other religion laws.
The book concludes by drawing together the strands of religion law discussed in the main body of the work, identifying the increased regulation of religion as ‘juridification of religion’ (p 193), meaning that there is now, in place of tolerance, ‘prescriptive regulation of religion and the active promotion of religious liberty as a right’ (p 195), resulting in an increased need for judicial adjudication in this area. Sandberg concludes that we now have a body of law that can legitimately be classed as ‘religion law’, identifying three main pressure points within the discipline: the restrictive interpretation of religious rights by the judiciary; the need for secular courts to examine religious doctrine; and the tension between the old laws, which tended to protect or favour Christianity, and the new laws, which protect religious equality with no special protection afforded to any one religion.
Sandberg cleverly weaves together the threads of religion law over a breadth of subject areas, identifying his three key pressure points within his framework, thus providing a thought-provoking thesis and an invaluable tool for the study of law and religion. While I have no desire to make the task of the law and religion scholar unmanageable (bearing in mind the extensive material already encompassed in Sandberg's work), given the nature of the pressure points identified by him and given the importance of understanding the underlying philosophical/theological basis for action or decision-making, it would appear fundamental to the discipline of law and religion that consideration be given to the philosophical and theological issues raised within that discipline. To limit the subject to religion law, religious law and the study of the historical interaction between law and religion leaves scholars, the judiciary and practitioners alike without the necessary tools to understand and deal with the deeper fundamental issues that arise.
