The lure of Luhmann: a systems theory of law and religion

Abstract

This chapter explores the work of Niklas Luhmann who identified law and religion as two social systems. Bringing together his work on law and religion for the first time, this chapter develops a sociological theory of law and religion. Developing new concepts and theorises deriving from but refining social systems theory, it is proposed that religious legal systems should be defined and understood as social systems in their own right and that the way in which law represents religion has changed from what I call here as ‘Tolerated Secularism’ to ‘Multicultural Juridification’, a representation which is now itself being challenged.