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3 J.L. Religion & St. 1 (2014)

handle is hein.journals/jlrs3 and id is 1 raw text is: JOURNAL OF LAW, RELIGION AND STATE 3 (2014) 1-24 BRILL 4 NIJHOFF brili.com/jIrs Deconstructing the Religious Free Market Jianlin Chen Assistant Law Professor, University of Hong Kong jianlin@hku.hk Abstract Scholars have frequently alluded to the normative value of the religious free market fostered by the twin legal guarantees of the free exercise of religion and the absence of state establishment of religion. But given that the desirable normative interpretations of these two clauses differ widely, the nature of the resulting market is inevitably dependent on one's choice of these contested interpretations. Similarly, the entitle- ment to free competition depends on the definition of religion. The present article deconstructs the religious free market into its legal components and discusses criti- cally how the different interpretations and combinations of these legal components materially affect the resulting religious market. Keywords religious free market - establishment clause - free exercise I Introduction Commonly associated with the American church-state model,1 a religious free market aims to foster a socio-legal environment where different religions freely * The author is grateful to Tom Ginsburg for his insightful critiques and comments, and Loveday Liu for her excellent research assistance. This research is generously supported by University of Hong Kong's Seed Funding Programme. All errors are mine alone. 1 Larry Witham, Marketplace of the Gods: How Economics Explains Religion (Oxford University Press 2010), 119; Christopher L. Eisgruber, Secularization, Religiosity, and the United States Constitution 13 IndianaJGlobalL Study (2oo6), 445, 464-468; Paul Harvey, Proselytization in Philip Goff & Paul Harvey (eds), Religion and American Culture (University of North ( KONINKLIJKE BRILL NV, LEIDEN, 2014 1 DOI 10.1163/22124810-00301001

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