Law and the Art of Defining Religion

Abstract

In the increasingly complex conjunction of law and religion, one of the most crucial questions concerns the privileged place of religion among other convictional positions which are protected under Article 9 of the European Convention on Human Rights. This article argues the need for a trans-disciplinary approach to the question of definitions, importing insights from philosophy, sociology of law and neo-pragmatism. The aim is to elucidate the view that defining is both an art (in the discursive construction of its object) and a form of politics (as a regulative technology, through which the actual flux and complexity of human reality is brought under control). The question of what religion is (the ontological question) should be acknowledged as a jurisprudential red herring.