Book Chapter


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. I argue that the interaction of law and history is particularly problematic within the context of a dispute with a religious element. I will use three case-studies to illustrate these challenges: (1) The repeal of the Fraudulent 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’, and the importance, nonetheless, of understanding history to understand law and religion.

Attached files

Authors

Edge, Peter W.

Oxford Brookes departments

School of Law

Dates

Year of publication: 2020
Date of RADAR deposit: 2019-07-12



All rights reserved. This resource is the manuscript of a work accepted for publication in volume 56 of Studies in Church History. This manuscript may only be used for personal research and not further distributed.


Related resources

This RADAR resource is the Accepted Manuscript of History, sacred history and law at the intersection of law, religion and history [Cambridge Core "Share" read-only link to version of record]
This RADAR resource is the Accepted Manuscript of History, sacred history and law at the intersection of law, religion and history

Details

  • Owner: Joseph Ripp
  • Collection: Outputs
  • Version: 1 (show all)
  • Status: Live
  • Views (since Sept 2022): 552