Religious Legal Pluralism in the Shadow of the Centralistic State

Legal pluralism is a useful framework for analysing church-state relationships. Often overlooked, legal diversity also exists <i>within</i> religions. This article examines the interactions between the two. It discusses how church-state arrangements influence the internal legal pluralism of religious systems: how religious actors' depictions of church-state arrangements impact their self-perception of internal legal diversity. Understanding these often-overlooked nuanced and complex influences has descriptive and normative significance. This argument is demonstrated by analysing a case study: the modern transformations of a hyper-pluralistic doctrine in Jewish law, named 'Kim-Li'. Modern legal centralism rendered rabbinical reluctance towards its application. The article reveals the correlation between rabbinical interpretations of the doctrine and particular assumptions and aspirations regarding church-state structures. By employing legal pluralism/law and religion classifications, the article suggests that reactions to the 'shadow of the state' are more diverse and nuanced than the current literature foresees, and concludes by suggesting its rectification.

Authors

Publication Details

Journal
Oxford Journal of Legal Studies
Published
2025-01-01
DOI
https://doi.org/10.1093/ojls/gqaf010
Primary Topic
Religious Freedom and Discrimination
Type
article
Field-Weighted Citation Impact
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article

Religious Legal Pluralism in the Shadow of the Centralistic State

Chagai Schlesinger
Oxford Journal of Legal Studies
Religious Freedom and Discrimination
article

Religious Legal Pluralism in the Shadow of the Centralistic State

Chagai Schlesinger
article en

Abstract

Legal pluralism is a useful framework for analysing church-state relationships. Often overlooked, legal diversity also exists <i>within</i> religions. This article examines the interactions between the two. It discusses how church-state arrangements influence the internal legal pluralism of religious systems: how religious actors' depictions of church-state arrangements impact their self-perception of internal legal diversity. Understanding these often-overlooked nuanced and complex influences has descriptive and normative significance. This argument is demonstrated by analysing a case study: the modern transformations of a hyper-pluralistic doctrine in Jewish law, named 'Kim-Li'. Modern legal centralism rendered rabbinical reluctance towards its application. The article reveals the correlation between rabbinical interpretations of the doctrine and particular assumptions and aspirations regarding church-state structures. By employing legal pluralism/law and religion classifications, the article suggests that reactions to the 'shadow of the state' are more diverse and nuanced than the current literature foresees, and concludes by suggesting its rectification.

Oxford Journal of Legal StudiesVol. 45(3)
Openalex Percentile: Top 84%
Religious Freedom and Discrimination
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