module specification

Whilst some commentators at the end of the 20th century adopted the view that ‘God is dead’ and that religion no longer had a role to play in society that view has changed. Increasingly religion is becoming an important issue. There are arguments about the role of religion in public life. There are conversations about religious schools and religious clothing. There are discussions about religious courts and whether modern legal disputes can be settled by religious law.  Attitudes towards religion have arguably progressed from tolerance to the promotion of religious liberty as a right. New laws have been enacted, interpreted and administered. Have these new laws increased the protection given to religious individuals and groups? How have new laws interacted with older laws concerning religion? ‘Law and  religion’ possesses the ‘academic credibility, intellectual substance and appropriateness of subject matter’ to be treated as an academic sub-discipline.  There is a  clear area of study. It is accepted as ‘applied law’ rather than ‘theoretical’ law and is concerned with the recognition and regulation of religious activities.  Law and religion is also concerned with the study of religious law; the interaction of civil and criminal law with religion; religious freedom as a human right; the legal position of religious groups; legal definitions of religion; recognition and enforcement of religious law. This module will be of interest to those students wishing to embark on careers in law, the community or social sector, education, central or local government or with regulators or professional bodies. It will be of interest to any student who wishes to develop an understanding of the relationship between law and religion and law and society at large.    

An understanding of the nature of religious law and ‘religion law’ the external temporal laws affecting religious individuals and groups which are made by legislatures.

The scope, sources and systems of Religion Law; What is ‘law and religion’?
Historical development
What is meant by ‘religion’
Religious freedom and the Individual
Religious discrimination and hatred
The legal position of religious organisations
The Autonomy and Ministers of religious organisations
The protection of doctrine and worship
The property and finances of religion
Religion, education and Public Institutions
Religion and the Family : Marriage and children
Religious freedom as a human right
Religious offences
Religious law, religious arbitration and religious courts
Religion and secularism

The Autonomy and Ministers of religious organisations

The protection of doctrine and worship

The property and finances of religion

Religion, education and Public Institutions

Religion and the Family : Marriage and children

Religious freedom as a human right

Religious offences

Religious law, religious arbitration and religious courts

Religion and secularism
 

The module is taught by lectures and workshops with students required to read from specified case law and legal journals.  There is a logical progression through a complex syllabus.  Students are given the opportunity to discuss theoretical issues as well as practical problem solving.  Students are supported in undertaking on-line research using electronic law databases and encouraged to use Westlaw on a weekly basis. There is a virtual learning environment (VLE) containing handbooks, lecture notes, weblinks, discussion groups, past assessments, study skills materials and assessment criteria.  Blended learning pervades the delivery of the module and is actively encouraged as students engage with digital materials, use on-line discussion groups (blogs) and achieve a competent standard of digital literacy during their studies.
 
One formative assessment is set and marked promptly with opportunities for feedback both in class and individually.

Knowledge of the topics covered will enhance students’ employability both within the legal profession and more generally in a range of spheres.

Students’ study responsibilities are to attend all classes, research and prepare for seminar discussion and academic debate, engage in interactive IT related activities and to undertake all formative and final assessments.

On successful completion of this module students will be able to:
1. Comprehend and manage a substantial body of legal knowledge on ‘law and religion’;
2. Possess a contextual awareness of the importance of law and religion and their inter-relationships to a variety of organisations;
3. Evaluate the social and governmental policy implications of ‘law and religion’ and appreciate its  social balance;
4. Possess a critical understanding of the importance of religious law and the protection of religious freedom;
5. Research and manage legal information from paper and IT resources and present competent legal arguments orally in tutorials and in writing;
6. Synthesise relevant case law and statute [including the case law from religious courts and tribunals], understand and present conflicting arguments and apply the law to problem scenarios relevant to all aspects of law and religion; and
8. Display competence in the benchmark skills outcomes of subject knowledge & understanding, application & problem solving and analysis, synthesis, critical judgement & evaluation together with the key skills of communication and literacy, numeracy and with Information technology in assessment by researched coursework (75%) and oral presentation (25%).

The module learning outcomes and the benchmark skills outcomes of subject knowledge & understanding, application & problem solving and analysis, synthesis, critical judgement & evaluation together with the key skills of communication and literacy, numeracy and with Information technology will be assessed by researched coursework (75%) and oral presentation (25%). The focus of the oral presentation will be on oral communication, critical judgment and evaluation with the remaining outcomes, including numeracy will be assessed by way of the coursework.

NB Students must use the most recent edition of the books cited.

Doe, N, Law and Religion in Europe: A Comparative Introduction, (Oxford University Press)
Edge, PW, Religion and Law: An Introduction, (Ashgate Publishing Limited)
NB Students must use the most recent edition of the books cited.

Doe, N, Law and Religion in Europe: A Comparative Introduction, (Oxford University Press)
Edge, PW, Religion and Law: An Introduction, (Ashgate Publishing Limited)
Richardson, JT, (Ed),  Regulating Religion, (Kluwer Academic)
Rivers, J, The Law of Organized Religions, (Oxford University Press)
Sandberg, R, Law and Religion, (Cambridge University Press)
 
Religion Law UK  WWW.RELIGIONLAW.CO.UK
Religion and Law Consortium http://www.religlaw.org/
International Centre for Law and Religion Studies http://www.iclrs.org/
Law and Religion Scholars Network www.law.cf.ac.uk/clr/networks/lrsn

Religious Tolerance http://www.religioustolerance.org/lawmenu.htm
Muslim Arbitration Tribunal http://www.matribunal.com/
The London Beth Din http://www.theus.org.uk/the_united_synagogue/the_london_beth_din/
Church of England Courts http://www.origins.net/help/aboutbo-churchcourts.aspx#london