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Law & Religion - LAW00094H

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  • Department: The York Law School
  • Credit value: 20 credits
  • Credit level: H
  • Academic year of delivery: 2026-27
    • See module specification for other years: 2025-26

Module summary

The Law & Religion module aims to encourage students to provide a critical analysis of the relationship between law and a variety of religions on a range of legal issues, areas and topics.

Module will run

Occurrence Teaching period
A Semester 2 2026-27

Module aims

The Law & Religion module aims to encourage students to provide a critical analysis of the relationship between law and a variety of religions on a range of legal issues/areas/topics. It advances students’ knowledge and understanding on theoretical perspectives (previously introduced to them during the Introduction to Law & Society first year compulsory module), specifically related to the study of law and religion to equip them with critical tools to apply sociological critiques to established legal concepts, categories and reasoning in a variety of contexts. It explores a wide range of legal issues raised by accommodating religious beliefs and practices within plural societies and encourages comparisons of legal protections on religious freedom in different constitutional settings. 

By the end of the module, it is expected that students will be able to: critically evaluate the relevance of religious issues to law and legal policy as well as the relevance of legal interventions in religious issues as well as religious laws; articulate coherent arguments in support of theoretical positions on contemporary issues of law and religion and illustrate the application of religious considerations in regard to specific areas of law and develop arguments in favour of reforming them. 

There are two strands of the content of the module. The first strand of the module content introduces students to a range of theoretical perspectives to the study of law and religion which provides the tools for a critical understanding of the area. The second strand features a variety of case studies of religious issues on topics drawn from a range of legal subjects which may include legal history, international human rights law, EU law, family law, employment law, property law as well as religious obligations. Topics will be chosen according to interest, topicality as well as staff expertise and availability.

Module learning outcomes

  1. Gain an appreciation of the origins and historical background of the relationship between law and religion;

  2. Develop knowledge and understanding of legal approaches towards defining religion: the legal meaning of religious beliefs and practices (e.g. constitutional provisions, charitable causes and other statutory exemptions) as well as state relations and constitutional models such as separation, neutrality, establishment, theocracy, secularism, disestablishment and Sharia, etc.;

  3. Develop knowledge and understanding of a range of approaches on religion, including and not limited to: constructivist, anthropological, social-scientific and other types of explanation regarding religious phenomena and religious identities;

  4. Provide a critical analysis of the recognition of religious liberty within the UK and international law; limitations upon religious freedoms and clashes with other rights; the legal regulation of religious discrimination and religious manifestation within society (such as within schools, universities and workplaces); religious education and collective worship as well as religious group autonomy; the family, the child and religious liberty, religious considerations within marriage, divorce, custody and care disputes as well as free speech and religious sensitivity;  

  5. Develop essential socio-legal skills of identifying relevant principles of law, applying legal principles to solving current religious issues, critically analysing primary sources such as statutes and case law, synthesising critical judgments and evaluating academic ideas and arguments as well as the continued development of independent research and writing skills as well as critical thought.

Module content

Due to the sociological nature of the module, it adopts a discursive-style approach to teaching and learning. Inspired by the pedagogical model of the ‘flipped classroom’ (Bergmann and Sams, 2012), Plenary sessions are introduced by students during a small-group presentation, which open up to a podcast-style discussion between the module leader and one or two members of staff, aimed to encourage and engage further student participation and discussion during the Workshop on a particular topic or issue. This approach is chosen as a way to demonstrate to students how to craft respectful and rational arguments on the topic of law and religion. In addition, members of the teaching team may  create supplementary videos, made accessible to students via the VLE, to explain key points/rights/legislation/cases/issues in further detail. Students are expected to undertake relevant preparatory reading prior to attending sessions to fully participate in and contribute to discussions. Workshop discussions are aimed to develop and enhance student critical analytical skills to appreciate laws’ linkage with broader fields of enquiry.

Indicative assessment

Task % of module mark
Essay/coursework 100.0

Special assessment rules

None

Additional assessment information

The L&R essay provides students with the opportunity to undertake an extended piece of scholarly research on a topic of their choice from the module and the group presentation enables students to receive feedback on the development of their ideas in oral, rather than written, form.

Indicative reassessment

Task % of module mark
Essay/coursework 100.0

Module feedback

Summative feedback is delivered in the form of a short written report by the marker that will be delivered within the turnaround time in accordance with the university's policy.

Formative feedback is provided to students in the form of lecturer and tutor oral feedback following the introductory group presentation at the start of the Plenary and Workshop sessions.

 

Indicative reading

Books

Lisa Harms (2024) Faith in Courts. London: Bloomsbury Publishing.

Russell Sandberg (2024) Rethinking Law & Religion. Cheltenham: Edward Elgar.

Frank Ravitch (2023) Advanced Introduction to Law & Religion. Cheltenham: Edward Elgar.

Russell Sandberg (2021) Religion and Marriage Law: The Need for Reform. Bristol: Bristol University Press.

Russell Sandberg (ed.) (2015) Religion and Legal Pluralism. Farnham: Ashgate.

Russell Sandberg (2011) Law and Religion. Cambridge: CUP.


The information on this page is indicative of the module that is currently on offer. The University constantly explores ways to enhance and improve its degree programmes and therefore reserves the right to make variations to the content and method of delivery of modules, and to discontinue modules, if such action is reasonably considered to be necessary. In some instances it may be appropriate for the University to notify and consult with affected students about module changes in accordance with the University's policy on the Approval of Modifications to Existing Taught Programmes of Study.