Many of the hottest legal issues today involve religion in the public square. Current First Amendment issues include church-state separation, God in the Pledge of Allegiance, and prayer in schools and public spheres. Ethical issues sometimes related to religious beliefs are also debated, such as potential bans on abortion or types of abortion, the death penalty, and how to rule or legislate in ways that offer freedom to practice religion but not against any particular practices or atheist beliefs.
| DISCIPLINES: • Law |
History: Religion and law have been linked throughout history. The Code of Hammurabi (c. 1892 B.C.-1750 B.C), one of the earliest documented legal codes, was reportedly given to King Hammurabi by the Sumerian gods. The Ten Commandments, a centerpiece of the Jewish and Christian faiths, influenced similar guides for behavior in the Koran. They also have guided thinking on legal matters for centuries both in this country and in the European common law that was adopted by America at the founding of our nation. The notion of “eye for an eye” that guides some in the debate over capital punishment is a reflection of religious roots in the evolution of law (it is found in both Hammurabi’s code and the Old Testament and influenced Islamic Sharia law). The intentions of America’s Founding Fathers regarding how religion, law and public life are to be conducted remains up for debate among many groups.
Philosophical ideas: Some have said that law is the framework upon which religion rests – that law is the bones and religion is its soul. In truth, the two disciplines have much in common. They define right and wrong while also trying to find the interplay and balance between justice and mercy, between the need to provide discipline and order and the need to show love. These traditions can be studied in tandem, and the Center on Religion & the Professions offers a chance to connect legal scholars with those from other disciplines in ways to produce original research in this area.
Law in current affairs: The principles of law are seen in many current religious issues. For example, in the Catholic Church clergy abuse crisis, religious institutions and zoning laws, vouchers for religious schools, expressions of religion on public property, and rulings on peyote, a drug used in American Indian religious practice. Both Supreme Court and local rulings impact how religion and law are practiced in these areas.
Religion also plays a role in prisons and addiction recovery programs. Some studies have shown that inmates who participate in religious practice have a lower recidivism rate.
Law and journalism: The Center on Religion & the Professions is an affiliate of MU’s School of Journalism. Researchers could work jointly in religion, law and journalism to educate attorneys, students and the media about issues related to religion and law, with the goal of giving the public a more nuanced explanation of legal and religious issues. Journalists interested in law could also study how media coverage of these issues impacts public perception and how laws are made and followed.
Current issues: The Center aims to promote understanding of how a diverse public can better function with the many religions that are practiced in the U.S. The legal arena is often the one chosen by those in a minority viewpoint to protect rights or increase awareness. Legal scholars can work with the Center to promote these goals. Those practicing law can also better understand how their own religious or non-religious beliefs drive their interest in or practice of law.
Researchers could explore the ramifications of a legal system that has evolved from religious principles through the eyes of a diverse citizenry. In historical terms, the evolution of law in the U.S. could be traced in concert with the growth of religious diversity in the United States. Research that examines other ethical traditions could be useful in constructing law for a more diverse society.