Law and Religious Market Theory

Abstract

This Article presents Law & Religious Market as an alternative critical perspective to examine the normative considerations that are associated with laws/policies affecting religion. The current legal discourse on religious liberty posits the proper role of the law and other state instruments in relation to religious matters as a neutral arbitrator that avoids making normative claims as to the merits or shortcomings of any particular religion. Law & Religious Market, in contrast, recognizes that even without any explicit endorsement or suppression of particular religions, laws/policies will still profoundly affect the prevalence of a religion through the ability of laws/policies to shape the contours of religious competition. Thus, legal discourse cannot hide behind a veil of religious neutrality and must confront the conversation as to what sort of religious competition – and consequent winner in the religious market – should be fostered by laws/policies.