Statecraft, Witchcraft, God’s Craft: Religious Diversity and the Forces of Law in South Africa

Legal anthropologists and sociologists of religion increasingly recognize the importance of law in current controversies over religious diversity. Drawing on the case of South Africa, this article explores how such controversies are shaped by contestations over what counts as ‘religion’. Analyzing t...

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Bibliographic Details
Main Author: Burchardt, Marian 1975- (Author)
Format: Electronic Article
Language:English
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Published: Brill 2017
In: Journal of religion in Africa
Year: 2017, Volume: 47, Issue: 2, Pages: 257-284
Standardized Subjects / Keyword chains:B Africa / Religious pluralism / Jurisdiction / Religion / Definition / State power / Traditional rule
RelBib Classification:AD Sociology of religion; religious policy
AG Religious life; material religion
AZ New religious movements
KBN Sub-Saharan Africa
Further subjects:B Religious Diversity South Africa law African Traditional Religion Christianity witchcraft
Online Access: Volltext (Verlag)
Description
Summary:Legal anthropologists and sociologists of religion increasingly recognize the importance of law in current controversies over religious diversity. Drawing on the case of South Africa, this article explores how such controversies are shaped by contestations over what counts as ‘religion’. Analyzing the historical context and emergent forms of institutional secularity from which contemporary contestations over religious diversity draw, the article explores debates and practices of classification around religion, tradition, and culture, and the ways in which these domains are co-constituted through their claims on the law: on the one hand through an analysis of religion-related jurisprudence; on the other hand through an examination of the debates on witchcraft, law, and religion. I argue that the production of judicial knowledge of ‘religion’, ‘culture’, and ‘tradition’ is tied up with contestations over the power to define the meaning of the domains. In fact, contrary to notions of constitutionality in which rights seem to exist prior to the claims made on their basis, in a fundamental sense rights struggles help to constitute the contemporary human rights dispensation. Against the Comaroffs’ claim that judicialization depoliticizes power struggles, I show that legal claims making remains vibrantly political.
ISSN:1570-0666
Contains:In: Journal of religion in Africa
Persistent identifiers:DOI: 10.1163/15700666-12340102