Sandberg, Russell --- "The lure of Luhmann: a systems theory of law and religion" [2019] ELECD 2580; in Sandberg, Russell; Doe, Norman; Kane, Bronach; Roberts, Caroline (eds), "Research Handbook on Interdisciplinary Approaches to Law and Religion" (Edward Elgar Publishing, 2019) 221

Book Title: Research Handbook on Interdisciplinary Approaches to Law and Religion

Editor(s): Sandberg, Russell; Doe, Norman; Kane, Bronach; Roberts, Caroline

Publisher: Edward Elgar Publishing

Section: Chapter 12

Section Title: The lure of Luhmann: a systems theory of law and religion

Author(s): Sandberg, Russell

Number of pages: 22

Abstract/Description:

This chapter explores the work of Niklas Luhmann who identified law and religion as two social systems. Bringing together his work on law and religion for the first time, this chapter develops a sociological theory of law and religion. Developing new concepts and theories deriving from but refining social systems theory, it is proposed that religious legal systems should be defined and understood as social systems in their own right and that the way in which law represents religion has changed from what I call here ‘tolerated secularism’ to ‘multicultural juridification’, a representation which is now itself being challenged.