The Evolution of Legislation on Religious Offences

The Evolution of Legislation on Religious Offences

Author: F. A. Nazir

Publisher: Langham Publishing

Published: 2019-03-14

Total Pages: 301

ISBN-13: 1783685727

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The laws and legislation in Pakistan related to religious offences are intended to protect all religious communities, but have also become a significant threat to communities of religious minorities who are vulnerable to false accusation, violent retribution outside of the judicial system, and erroneous convictions that sometimes even lead to the death penalty. What is not well known is how these laws came about; from originally being designed in Chapter XV of the Pakistan Penal Code, to safeguard all religions of British India. Dr F. A. Nazir places the discussion of offences relating to religion in the historical context of the south Asian subcontinent, the institution of penal codes in British India during the colonial period, and developments in legislation after 1947 independence and the creation of the state of Pakistan and in postcolonialism. Dr Nazir’s historical and legal analysis demonstrates how these laws affect indigenous Christian communities and other religious minorities, including Muslim groups. Nazir’s thorough and rigorous historical research brings important understanding and reflection to contemporary religious laws, religious rights and multi-faith society in Pakistan.


Book Synopsis The Evolution of Legislation on Religious Offences by : F. A. Nazir

Download or read book The Evolution of Legislation on Religious Offences written by F. A. Nazir and published by Langham Publishing. This book was released on 2019-03-14 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: The laws and legislation in Pakistan related to religious offences are intended to protect all religious communities, but have also become a significant threat to communities of religious minorities who are vulnerable to false accusation, violent retribution outside of the judicial system, and erroneous convictions that sometimes even lead to the death penalty. What is not well known is how these laws came about; from originally being designed in Chapter XV of the Pakistan Penal Code, to safeguard all religions of British India. Dr F. A. Nazir places the discussion of offences relating to religion in the historical context of the south Asian subcontinent, the institution of penal codes in British India during the colonial period, and developments in legislation after 1947 independence and the creation of the state of Pakistan and in postcolonialism. Dr Nazir’s historical and legal analysis demonstrates how these laws affect indigenous Christian communities and other religious minorities, including Muslim groups. Nazir’s thorough and rigorous historical research brings important understanding and reflection to contemporary religious laws, religious rights and multi-faith society in Pakistan.

Religious Offences in Common Law Asia

Religious Offences in Common Law Asia

Author: Li-ann Thio

Publisher: Hart Publishing

Published: 2020

Total Pages: 480

ISBN-13: 9781509937325

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"This book provides in-depth comparative analysis of how religious penal clauses have been developed and employed within Asian common law states, and the impact of such developments on constitutional rights. By examining the theoretical and conceptual underpinnings of religious offences as well as interrogating the nature and impact of religious penal clauses within the region, it contributes to the broader dialogue in relation to religious penal clauses globally, whether in countries which practice forms of secular or religious constitutionalism. Asian practice is significant in this respect, given the centrality of religion to social life and indeed, in some jurisdictions, to constitutional or national identity. Providing rigorous studies of common law jurisdictions that have adopted similar provisions in their penal code, the contributors provide an original examination and analysis of the use and development of these religious offence clauses in their respective jurisdictions. They draw upon their insights into the background sociopolitical and constitutional contexts to consider how the inter-relationship of religion and state may determine the rationale and scope of religious offences. These country chapters inform the conceptual examination of religious views and sentiments as a basis for criminality and the forms of 'harm' that attract legal safeguards. Several chapters examine these questions from a historical and comparative perspective, considering the underlying bases, scope, as well as evolving objectives of these provisions. Through these examinations, the book critically interrogates the legacy of colonialism on the criminal law and constitutional practice of various Asian states"--


Book Synopsis Religious Offences in Common Law Asia by : Li-ann Thio

Download or read book Religious Offences in Common Law Asia written by Li-ann Thio and published by Hart Publishing. This book was released on 2020 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book provides in-depth comparative analysis of how religious penal clauses have been developed and employed within Asian common law states, and the impact of such developments on constitutional rights. By examining the theoretical and conceptual underpinnings of religious offences as well as interrogating the nature and impact of religious penal clauses within the region, it contributes to the broader dialogue in relation to religious penal clauses globally, whether in countries which practice forms of secular or religious constitutionalism. Asian practice is significant in this respect, given the centrality of religion to social life and indeed, in some jurisdictions, to constitutional or national identity. Providing rigorous studies of common law jurisdictions that have adopted similar provisions in their penal code, the contributors provide an original examination and analysis of the use and development of these religious offence clauses in their respective jurisdictions. They draw upon their insights into the background sociopolitical and constitutional contexts to consider how the inter-relationship of religion and state may determine the rationale and scope of religious offences. These country chapters inform the conceptual examination of religious views and sentiments as a basis for criminality and the forms of 'harm' that attract legal safeguards. Several chapters examine these questions from a historical and comparative perspective, considering the underlying bases, scope, as well as evolving objectives of these provisions. Through these examinations, the book critically interrogates the legacy of colonialism on the criminal law and constitutional practice of various Asian states"--

Religious Offences in Common Law Asia

Religious Offences in Common Law Asia

Author: Li-ann Thio

Publisher: Bloomsbury Publishing

Published: 2021-02-25

Total Pages: 409

ISBN-13: 1509937293

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This book provides in-depth comparative analysis of how religious penal clauses have been developed and employed within Asian common law states, and the impact of such developments on constitutional rights. By examining the theoretical and conceptual underpinnings of religious offences as well as interrogating the nature and impact of religious penal clauses within the region, it contributes to the broader dialogue in relation to religious penal clauses globally, whether in countries which practise forms of secular or religious constitutionalism. Asian practice is significant in this respect, given the centrality of religion to social life and indeed, in some jurisdictions, to constitutional or national identity. Providing rigorous studies of common law jurisdictions that have adopted similar provisions in their penal code, the contributors provide an original examination and analysis of the use and development of these religious clauses in their respective jurisdictions. They draw upon their insights into the background sociopolitical and constitutional contexts to consider how the inter-relationship of religion and state may determine the rationale and scope of religious offences. These country-by-country chapters inform the conceptual examination of religious views and sentiments as a basis for criminality and the forms of 'harm' that attract legal safeguards. Several chapters examine these questions from a historical and comparative perspective, considering the underlying bases and scope, as well as evolving objectives of these provisions. Through these examinations, the book critically interrogates the legacy of colonialism on the criminal law and constitutional practice of various Asian states.


Book Synopsis Religious Offences in Common Law Asia by : Li-ann Thio

Download or read book Religious Offences in Common Law Asia written by Li-ann Thio and published by Bloomsbury Publishing. This book was released on 2021-02-25 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides in-depth comparative analysis of how religious penal clauses have been developed and employed within Asian common law states, and the impact of such developments on constitutional rights. By examining the theoretical and conceptual underpinnings of religious offences as well as interrogating the nature and impact of religious penal clauses within the region, it contributes to the broader dialogue in relation to religious penal clauses globally, whether in countries which practise forms of secular or religious constitutionalism. Asian practice is significant in this respect, given the centrality of religion to social life and indeed, in some jurisdictions, to constitutional or national identity. Providing rigorous studies of common law jurisdictions that have adopted similar provisions in their penal code, the contributors provide an original examination and analysis of the use and development of these religious clauses in their respective jurisdictions. They draw upon their insights into the background sociopolitical and constitutional contexts to consider how the inter-relationship of religion and state may determine the rationale and scope of religious offences. These country-by-country chapters inform the conceptual examination of religious views and sentiments as a basis for criminality and the forms of 'harm' that attract legal safeguards. Several chapters examine these questions from a historical and comparative perspective, considering the underlying bases and scope, as well as evolving objectives of these provisions. Through these examinations, the book critically interrogates the legacy of colonialism on the criminal law and constitutional practice of various Asian states.

Christianity and Criminal Law

Christianity and Criminal Law

Author: Mark Hill QC

Publisher: Routledge

Published: 2020-05-28

Total Pages: 267

ISBN-13: 1000071553

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This collection, by leading legal scholars, judges and practitioners, together with theologians and church historians, presents historical, theological, philosophical and legal perspectives on Christianity and criminal law. Following a Preface by Lord Judge, formerly Lord Chief Justice of England and Wales, and an introductory chapter, the book is divided into four thematic sections. Part I addresses the historical contributions of Christianity to criminal law drawing on biblical sources, early church fathers and canonists, as far as the Enlightenment. Part II, titled Christianity and the principles of criminal law, compares crime and sin, examines concepts of mens rea and intention, and considers the virtue of due process within criminal justice. Part III looks at Christianity and criminal offences, considering their Christian origins and continuing relevance for several basic crimes that every legal system prohibits. Finally, in Part IV, the authors consider Christianity and the enforcement of criminal law, looking at defences, punishment and forgiveness. The book will be an invaluable resource for students and academics working in the areas of Law and Religion, Legal Philosophy and Theology.


Book Synopsis Christianity and Criminal Law by : Mark Hill QC

Download or read book Christianity and Criminal Law written by Mark Hill QC and published by Routledge. This book was released on 2020-05-28 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection, by leading legal scholars, judges and practitioners, together with theologians and church historians, presents historical, theological, philosophical and legal perspectives on Christianity and criminal law. Following a Preface by Lord Judge, formerly Lord Chief Justice of England and Wales, and an introductory chapter, the book is divided into four thematic sections. Part I addresses the historical contributions of Christianity to criminal law drawing on biblical sources, early church fathers and canonists, as far as the Enlightenment. Part II, titled Christianity and the principles of criminal law, compares crime and sin, examines concepts of mens rea and intention, and considers the virtue of due process within criminal justice. Part III looks at Christianity and criminal offences, considering their Christian origins and continuing relevance for several basic crimes that every legal system prohibits. Finally, in Part IV, the authors consider Christianity and the enforcement of criminal law, looking at defences, punishment and forgiveness. The book will be an invaluable resource for students and academics working in the areas of Law and Religion, Legal Philosophy and Theology.

Respecting Rights?

Respecting Rights?

Author: U.S. Commission on International Religious Freedom

Publisher: Government Printing Office

Published: 2017-08

Total Pages: 152

ISBN-13: 9780160942938

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This report examines and compares the content of laws prohibiting blasphemy ("blasphemy laws") worldwide through the lens of international and human rights law principles. The laws examined in this study prohibit or criminalize the expression of opinions deemed "blasphemous," or counter to majority views or religious belief systems, and many impose serious, often criminal, penalties. Blasphemy laws are actively enforced in many states throughout the world. Many governments deem repeal not feasible or desirable and justify the prohibition and criminalization of blasphemy as necessary to promote religious harmony. This study seeks to evaluate the language and content of blasphemy laws to understand what aspects of these laws adhere to--or deviate from--international and human rights law principles. A better understanding of the laws' compliance with these principles may assist in the public policy community in developing clear, specifically-tailored recommendations for areas for reform. Related products: Explore ourFaith-Based Education resources collection Discover ourHuman Rights collection


Book Synopsis Respecting Rights? by : U.S. Commission on International Religious Freedom

Download or read book Respecting Rights? written by U.S. Commission on International Religious Freedom and published by Government Printing Office. This book was released on 2017-08 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report examines and compares the content of laws prohibiting blasphemy ("blasphemy laws") worldwide through the lens of international and human rights law principles. The laws examined in this study prohibit or criminalize the expression of opinions deemed "blasphemous," or counter to majority views or religious belief systems, and many impose serious, often criminal, penalties. Blasphemy laws are actively enforced in many states throughout the world. Many governments deem repeal not feasible or desirable and justify the prohibition and criminalization of blasphemy as necessary to promote religious harmony. This study seeks to evaluate the language and content of blasphemy laws to understand what aspects of these laws adhere to--or deviate from--international and human rights law principles. A better understanding of the laws' compliance with these principles may assist in the public policy community in developing clear, specifically-tailored recommendations for areas for reform. Related products: Explore ourFaith-Based Education resources collection Discover ourHuman Rights collection

Conceptualizing Religious Offences and Understanding Secularism Under the Indian Legal System

Conceptualizing Religious Offences and Understanding Secularism Under the Indian Legal System

Author: Junu Das

Publisher:

Published: 2021-06-23

Total Pages: 240

ISBN-13: 9781636482484

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Religion and law have been the most influential means of social control and change throughout history. They are mutually interconnected and their interrelationship defines the nature of a particular society. As such Assam, being a state of India is known for having diverse religious communities across the territory governed by the Rule of Law under the Constitution of India which mostly represents the entire Indian Territory including Assam as a secular country. However, most often it has been found that due to religious intolerance and conflict between traditional religious beliefs and the modern common law system, there have been disruptions in the law-and-order situation in the state of Assam in the last few decades. The study in this field is important, to know the validity of the present-day legal institutions for promoting religious tolerance amongst the local communities in the state of Assam, thereby upholding secularism by transcending the gap between the traditional religious beliefs and the modern needs of the civilization, for maintaining order in the society, we will have to know the relationship between law and religion concerning Assam and the extent to which law can promote secularism in the minds of the local people. This research will therefore study the evolution of different religions in the State of Assam to understand their hold over the local people and will also study the legal framework governing the state to analyze the extent to which this framework is secular or is in conformity with religious sentiments of the people. This study will also highlight some of the cases where anti-secular activities were promoted to justify the role of law in such situations. At last, the study will highlight the opinions of different experts and scholars in the profession of law for having a better understanding of the subject.


Book Synopsis Conceptualizing Religious Offences and Understanding Secularism Under the Indian Legal System by : Junu Das

Download or read book Conceptualizing Religious Offences and Understanding Secularism Under the Indian Legal System written by Junu Das and published by . This book was released on 2021-06-23 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Religion and law have been the most influential means of social control and change throughout history. They are mutually interconnected and their interrelationship defines the nature of a particular society. As such Assam, being a state of India is known for having diverse religious communities across the territory governed by the Rule of Law under the Constitution of India which mostly represents the entire Indian Territory including Assam as a secular country. However, most often it has been found that due to religious intolerance and conflict between traditional religious beliefs and the modern common law system, there have been disruptions in the law-and-order situation in the state of Assam in the last few decades. The study in this field is important, to know the validity of the present-day legal institutions for promoting religious tolerance amongst the local communities in the state of Assam, thereby upholding secularism by transcending the gap between the traditional religious beliefs and the modern needs of the civilization, for maintaining order in the society, we will have to know the relationship between law and religion concerning Assam and the extent to which law can promote secularism in the minds of the local people. This research will therefore study the evolution of different religions in the State of Assam to understand their hold over the local people and will also study the legal framework governing the state to analyze the extent to which this framework is secular or is in conformity with religious sentiments of the people. This study will also highlight some of the cases where anti-secular activities were promoted to justify the role of law in such situations. At last, the study will highlight the opinions of different experts and scholars in the profession of law for having a better understanding of the subject.

Acts Against God

Acts Against God

Author: David Nash

Publisher: Reaktion Books

Published: 2020-04-13

Total Pages: 208

ISBN-13: 1789142385

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Blasphemy is a phenomenon that spans human experience, from the ancient world right up to today’s ferocious religious debates. Acts Against God is the first accessible history of this crime—its prosecution, its impact, and its punishment and suppression. While acknowledging blasphemy as an act of individuals, Acts Against God also considers the act as a widespread and constant presence in cultural, political, and religious life. Beginning in ancient Greece and the genesis of blasphemy’s link with the state, David Nash moves on to explore blasphemy in the medieval world, where it was used both as an accusation against outsiders and as a method of crusading for piety in the West. He considers how the medieval world developed the concept of heresy as a component of disciplining its populations, the first coherent phase in state control of belief. This phenomenon reached its full flowering in the Reformation, where conformity became a fixation of confessional states. The Enlightenment created agendas of individual rights where room for religious doubt pushed blasphemy into the twilight as modern humankind hoped for its demise. But, concluding in the twenty-first century, Nash shows how individuals and the state alike now seek to adopt blasphemy as a cornerstone of identity and as the means to resist the secularization and globalization of culture.


Book Synopsis Acts Against God by : David Nash

Download or read book Acts Against God written by David Nash and published by Reaktion Books. This book was released on 2020-04-13 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Blasphemy is a phenomenon that spans human experience, from the ancient world right up to today’s ferocious religious debates. Acts Against God is the first accessible history of this crime—its prosecution, its impact, and its punishment and suppression. While acknowledging blasphemy as an act of individuals, Acts Against God also considers the act as a widespread and constant presence in cultural, political, and religious life. Beginning in ancient Greece and the genesis of blasphemy’s link with the state, David Nash moves on to explore blasphemy in the medieval world, where it was used both as an accusation against outsiders and as a method of crusading for piety in the West. He considers how the medieval world developed the concept of heresy as a component of disciplining its populations, the first coherent phase in state control of belief. This phenomenon reached its full flowering in the Reformation, where conformity became a fixation of confessional states. The Enlightenment created agendas of individual rights where room for religious doubt pushed blasphemy into the twilight as modern humankind hoped for its demise. But, concluding in the twenty-first century, Nash shows how individuals and the state alike now seek to adopt blasphemy as a cornerstone of identity and as the means to resist the secularization and globalization of culture.

Law and Religion

Law and Religion

Author: Russell Sandberg

Publisher: Cambridge University Press

Published: 2011-03-24

Total Pages: 235

ISBN-13: 1139501186

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The worlds of law and religion increasingly collide in Parliament and the courtroom. Religious courts, the wearing of religious symbols and faith schools have given rise to increased legislation and litigation. This is the first student textbook to set out the fundamental principles and issues of law and religion in England and Wales. Offering a succinct exposition and critical analysis of the field, it explores how English law regulates the practice of religion. The textbook surveys law and religion from various perspectives, such as human rights and discrimination law, as well as considering the legal status of both religion and religious groups. Controversial and provocative questions are explored, promoting full engagement with the key debates. The book's explanatory approach and detailed references ensure understanding and encourage independent study. Students can track key developments on the book's updating website. This innovative text is essential reading for all students in the field.


Book Synopsis Law and Religion by : Russell Sandberg

Download or read book Law and Religion written by Russell Sandberg and published by Cambridge University Press. This book was released on 2011-03-24 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: The worlds of law and religion increasingly collide in Parliament and the courtroom. Religious courts, the wearing of religious symbols and faith schools have given rise to increased legislation and litigation. This is the first student textbook to set out the fundamental principles and issues of law and religion in England and Wales. Offering a succinct exposition and critical analysis of the field, it explores how English law regulates the practice of religion. The textbook surveys law and religion from various perspectives, such as human rights and discrimination law, as well as considering the legal status of both religion and religious groups. Controversial and provocative questions are explored, promoting full engagement with the key debates. The book's explanatory approach and detailed references ensure understanding and encourage independent study. Students can track key developments on the book's updating website. This innovative text is essential reading for all students in the field.

Courts, Politics and Constitutional Law

Courts, Politics and Constitutional Law

Author: Martin Belov

Publisher: Routledge

Published: 2019-10-16

Total Pages: 201

ISBN-13: 1000707970

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This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.


Book Synopsis Courts, Politics and Constitutional Law by : Martin Belov

Download or read book Courts, Politics and Constitutional Law written by Martin Belov and published by Routledge. This book was released on 2019-10-16 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.

God’s Law and Order

God’s Law and Order

Author: Aaron Griffith

Publisher: Harvard University Press

Published: 2020-11-10

Total Pages: 346

ISBN-13: 0674238788

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An incisive look at how evangelical Christians shaped—and were shaped by—the American criminal justice system. America incarcerates on a massive scale. Despite recent reforms, the United States locks up large numbers of people—disproportionately poor and nonwhite—for long periods and offers little opportunity for restoration. Aaron Griffith reveals a key component in the origins of American mass incarceration: evangelical Christianity. Evangelicals in the postwar era made crime concern a major religious issue and found new platforms for shaping public life through punitive politics. Religious leaders like Billy Graham and David Wilkerson mobilized fears of lawbreaking and concern for offenders to sharpen appeals for Christian conversion, setting the stage for evangelicals who began advocating tough-on-crime politics in the 1960s. Building on religious campaigns for public safety earlier in the twentieth century, some preachers and politicians pushed for “law and order,” urging support for harsh sentences and expanded policing. Other evangelicals saw crime as a missionary opportunity, launching innovative ministries that reshaped the practice of religion in prisons. From the 1980s on, evangelicals were instrumental in popularizing criminal justice reform, making it a central cause in the compassionate conservative movement. At every stage in their work, evangelicals framed their efforts as colorblind, which only masked racial inequality in incarceration and delayed real change. Today evangelicals play an ambiguous role in reform, pressing for reduced imprisonment while backing law-and-order politicians. God’s Law and Order shows that we cannot understand the criminal justice system without accounting for evangelicalism’s impact on its historical development.


Book Synopsis God’s Law and Order by : Aaron Griffith

Download or read book God’s Law and Order written by Aaron Griffith and published by Harvard University Press. This book was released on 2020-11-10 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: An incisive look at how evangelical Christians shaped—and were shaped by—the American criminal justice system. America incarcerates on a massive scale. Despite recent reforms, the United States locks up large numbers of people—disproportionately poor and nonwhite—for long periods and offers little opportunity for restoration. Aaron Griffith reveals a key component in the origins of American mass incarceration: evangelical Christianity. Evangelicals in the postwar era made crime concern a major religious issue and found new platforms for shaping public life through punitive politics. Religious leaders like Billy Graham and David Wilkerson mobilized fears of lawbreaking and concern for offenders to sharpen appeals for Christian conversion, setting the stage for evangelicals who began advocating tough-on-crime politics in the 1960s. Building on religious campaigns for public safety earlier in the twentieth century, some preachers and politicians pushed for “law and order,” urging support for harsh sentences and expanded policing. Other evangelicals saw crime as a missionary opportunity, launching innovative ministries that reshaped the practice of religion in prisons. From the 1980s on, evangelicals were instrumental in popularizing criminal justice reform, making it a central cause in the compassionate conservative movement. At every stage in their work, evangelicals framed their efforts as colorblind, which only masked racial inequality in incarceration and delayed real change. Today evangelicals play an ambiguous role in reform, pressing for reduced imprisonment while backing law-and-order politicians. God’s Law and Order shows that we cannot understand the criminal justice system without accounting for evangelicalism’s impact on its historical development.