Is the Rule of Law an Antidote for Religious Tension? The Promise and Peril of Judicializing Religious Freedom

Schonthal, Benjamin; Moustafa, Tamir; Nelson, Matthew J.; Shankar, Shylashri

Abstract

Although “rule of law” is often regarded as a solution for religious conflict, this article analyzes the role of legal processes and institutions in hardening boundaries and sharpening antagonisms among religious communities. Using case studies from Sri Lanka, India, Malaysia, and Pakistan, we highlight four specific mechanisms through which legal procedures, structures, and instruments can further polarize already existing religious conflicts. These mechanisms include the procedural requirements and choreography of litigation (Sri Lanka), the strategic use of legal language and court judgments by political and socioreligious groups (India), the activities of partisan activists who mobilize around litigation (Malaysia), and the exploitation of “public order” laws in contexts framed by antagonism targeting religious minorities (Pakistan).

Citation

Schonthal, B., Moustafa, T., Nelson, M. J., & Shankar, S. (2016). Is the Rule of Law an Antidote for Religious Tension? The Promise and Peril of Judicializing Religious Freedom. American Behavioral Scientist, 60(8), 966-986. https://doi.org/10.1177/0002764215613380

• Journal Article Type: Article
• Acceptance Date: Jan 10, 2015
• Online Publication Date: Oct 20, 2015
• Publication Date: Jul 1, 2016
• Deposit Date: Apr 13, 2016
• Publicly Available Date: Jun 3, 2019
• Journal: American Behavioral Scientist
• Print ISSN: 0002-7642
• Electronic ISSN: 1552-3381
• Publisher: SAGE Publications
• Peer Reviewed: Peer Reviewed
• Volume: 60
• Issue: 8
• Pages: 966-986
• DOI: https://doi.org/10.1177/0002764215613380
• Keywords: law, religion, conflict, South Asia, Malaysia