History, Sacred History and law at the Intersection of Law, Religion and History

Abstract

Lawyers, both practitioners and academics, engage with legal history in a variety of ways. Increasing attention is being paid to legal regulation of history and memory. This article argues that the interaction of law and history is particularly problematic within the context of a dispute with a religious element. It will use three case studies to illustrate these challenges: (1) The repeal of the Fradulent Mediums Act 1951 by the Consumer Protection from Unfair Trading Regulations 2008; (2) The Babri Masjid / Ram Temple dispute in Ayodhya, India; and (3) The Hindmarsh Island bridge controversy in South Australia. These case studies show the difficulties legal actors face when confronted with incompatible secular and sacred histories and diverse ways of ‘knowing history’, but also the importance, nonetheless, of understanding history in order to understand the relationship between law and religion.