Law, Religion, and Freedom

W. Cole Durham, Jr. is the Founding Director of the International Center for Law and Religion Studies, Brigham Young University. He is a graduate of Harvard College and Harvard Law School, where he was a Note Editor of the Harvard Law Review and Managing Editor of the Harvard International Law Journal. He is the immediate past President of the International Consortium for Law and Religion Studies (ICLARS), based in Milan, Italy, and a Co-Editor-in-Chief of the Oxford Journal of Law and Religion. Javier Martínez-Torrón is Professor of Law, Complutense University Madrid, Spain, President of LIRCE, Vice-President of the Section of Canon Law and Church-State Relations of the Spanish Royal Academy of Jurisprudence and Legislation, and member of the Steering Committee of ICLARS (International Consortium for Law and Religion Studies). Donlu Thayer is a Senior Fellow at Brigham Young University’s International Center for Law and Religion Studies. She retired at the end of 2019 as the Center’s Publications Director, overseeing print and electronic publications, including the International Law and Religion Headlines Service, the blog Talk About: Law and Religion, and a number of websites, including that of the Strasbourg Consortium, tracking the FoRB jurisprudence of the European Court of Human Rights.

Introduction
DONLU THAYER

PART I Definitions








What is religious freedom? DAVID NOVAK



Freedom of religion: fundamental right or impossibility? DAVID LITTLE










The politics of sovereignty: the early modern origins of
freedom of religion
KURTIS ANDERSON



The secularity of law and the freedom from religion
ZACHARY CALO
PART II Questions




Is reasonable accommodation sufficient protection for
the right to religious freedom in secular societies? GEORGIA ALIDA DU PLESSIS



Is Hobby Lobby dangerous for religious liberty? FREDERICK MARK GEDICKS AND ANDREW KOPPELMAN



Fernández Martínez v. Spain: an unclear intersection of rights?
JAVIER MARTÍNEZ-TORRÓN



Does the European Convention on Human Rights guarantee a
right to freedom ‘from’ religion? GERHARD VAN DER SCHYFF


PART III Applications




Autonomy of religious communities versus the battle for human
rights: two sides of the same coin
MERILIN KIVIORG



‘Christian bigots’ and ‘Muslim terrorists’: religious liberty in a
polarized age THOMAS BERG



11. Managing religious diversity in Europe: legal implications of
religious affiliation and change of religion
MONTSERRAT GAS AIXENDRI

12. Laïcité, neutrality, and freedom of religion and conscience in
France after Charlie Hebdo: towards a nouvelle neutralité?
MARÍA JOSÉ VALERO ESTARELLAS

PART IV Predictions

13. Equal treatment of religions or differentiation between religions?
SOPHIE VAN BIJSTERVELD

14. The world-defining contrast between monism and dualism
and the future of religious freedom
BRETT G. SCHARFFS

15. Religious autonomy at the crossroads
W. COLE DURHAM, JR.