Social Construction of Religious Freedom in Legal Systems

Abstract

This chapter demonstrates the centrality of the legal system in producing, protecting, and communicating the meaning of religious freedom within society. It highlights the interconnectedness of the processes of social and legal implementation of this right and the interplay of social dynamics and mechanisms of legal norm-making. The umbrella legal concept of “juridification,” as theorized by Blichner and Molander, is considered for describing the processes of increasing legal regulation of religion by governments. The chapter argues that socioreligious changes linked to increasing diversity, individualization of lifestyles, and fluidity of organizational forms influence the way legal systems regulate religion. These dynamics raise questions about the readiness of citizens to dialogue, make choices, and negotiate religious and secular identities. The chapter explores the interdependence of sociological and legal definitions of religion as they influence the socioreligious dynamics of religious freedom.