Righting the Relationship between Race and Religion in Law

Oxford Journal of Legal Studies, 2011

USC Law Legal Studies Paper No. 11-12

31 Pages Posted: 7 Jun 2011  

Nomi Maya Stolzenberg

University of Southern California - Gould School of Law

Date Written: June 6, 2011

Abstract

This review discusses the interrelationship of race and religion in law, the subject of Eve Darian-Smith's new book, which seeks to rectify the neglect of religion in the study of race and law and the parallel neglect of race in studies of law and religion. Concurring with the book’s basic propositions, that the segregation of race and religion into separate fields of legal studies needs to be overcome and the religious origins of fundamental liberal legal ideas need to be recognized, I tease out different ways in which race and religion can be “linked” and religion can “play a role” in the development of modern law that are not fully parsed out in Darian-Smith's analysis. Applauding her attempt to integrate recent challenges to the long regnant "secularization thesis" into the study of race and law, I point out some unresolved ambiguities in those challenges and their implications for law.

Suggested Citation

Stolzenberg, Nomi Maya, Righting the Relationship between Race and Religion in Law (June 6, 2011). Oxford Journal of Legal Studies, 2011; USC Law Legal Studies Paper No. 11-12. Available at SSRN: https://ssrn.com/abstract=1858801

Nomi Maya Stolzenberg (Contact Author)

University of Southern California - Gould School of Law ( email )

699 Exposition Boulevard
Los Angeles, CA 90089
United States

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