Status between Law and Religion: Introduction

Abstract

AbstractThe juridical status of persons nowadays tends to be discussed only in narrow contexts: civic status (citizen, alien, and various visa statuses), marital status, penal status, employment status, religious or ethnic status within colonial and postcolonial states, status of the fetus, corporate personal status, and so on. In the century and a half since Henry Maine’s 1861 treatise, Ancient Law, in which he discerned a general movement from status to contract in progressive societies, broad discussions of status as a general feature of law are few, so a renewed comprehensive approach to the issue remains a desideratum. This symposium, which has its origins in an interdisciplinary conference held in November 2019 at Washington and Lee University School of Law, is a step in that direction. The articles and essay gathered here illuminate the multifarious ways in which juridical status of persons overlaps with religious conceptions of persona and status. They provide grounds for seeing the religious component as distinctive because of the uniquely privileged authority attributed to divinely mandated status distinctions and the urgency of claims to religious rights. They also show how a juridical status can straddle law and religion, and how legal institutions handle such hybrid forms of status.