Transcending Tradition: An Examination of the Manner in Which the Law Induces Change in Institutions Defined by Religion

Abstract

In this paper, I want to consider how the law navigates the space lying between the concepts of faith and religion so as to effectively induce change in institutions defined by their religious expression without distorting the faith reposed by individual believers in their religious institution. In order to consider whether this is possible, we must first consider whether the seemingly twin concepts of faith and religion are so intertwined that they are inseparable, or whether they lie in different planes, with the law regulating conduct that expresses the faith, and thereby potentially affecting both concepts.In considering this problem, I would suggest that religion or religious dictates generally offer to guide the believer toward the attainment of salvation, often conceived of as adherence to religious dictates. In my view, however, reducing the concept of salvation to adherence to religious dictates would rob it of its character as a comprehensive set of beliefs and commitments held by individual believers, whatever the particular religion they follow. In essence, “salvation” lies within the individual believer and while compliance with religious dictates may be part of that process, ultimately, whether one has achieved salvation is entirely determined by the individual. “Salvation” resonates from the faith held by the individual, while religion is simply a means of expressing that faith.