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In comparing the ways in which China, Taiwan and Hong Kong punish religious claims and practices considered by the state to be false or fraudulent, Jianlin Chen presents a seminal contribution to the interdisciplinary study of religious freedom. The book not only reveals how these legal tools sustain a hierarchy of religion, but also the political dynamic behind the design and utilization of these legal tools.
In comparing the ways in which China, Taiwan and Hong Kong punish religious claims and practices considered by the state to be false or fraudulent, Jianlin Chen presents a seminal contribution to the interdisciplinary study of religious freedom. The book not only reveals how these legal tools sustain a hierarchy of religion, but also the political dynamic behind the design and utilization of these legal tools. Adopting a novel, comparative approach, Chen adeptly investigates various legal tools employed to regulate religious fraud in China, Taiwan and Hong Kong. Through a systematic survey of court judgments, he identifies the surprising convergences among the religious fraud regulations across the three jurisdictions. He further employs public choice analysis to tease out the reasons behind these often unconstitutional religious fraud regulations, and highlights the complicity of individuals who otherwise advocate for liberal democratic values. With its wealth of legal and political analysis, the book critically interjects in the global inquiry of religious freedom and democratic backsliding. This progressive book is an important touchstone for scholars and students in Asian studies, law and religion, criminal law and justice, and law and society.
"The growing presence in Western society of non-mainstream faiths and spiritual practices poses a dilemma for the law. If a fortune teller promises to tell the future in exchange for cash, and both parties believe in the process, has a fraud been committed? Should someone with a potpourri of New Age beliefs be accorded the same legal protection as a devout Catholic? Building on a thorough history of the legal regulation of fortune-telling laws in four countries, "Faith or Fraud" examines the impact of people who identify as "spiritual but not religious" on the future legal understanding of religious freedom. Traditional legal notions of religious freedom have been conceived and articulated in the context of monotheistic, organized religions that impose moral constraints on adherents. Jeremy Patrick examines how the law needs to adapt to a contemporary spirituality in which individuals select concepts drawn from multiple religions, philosophies, and folklore to develop their own idiosyncratic belief systems. "Faith or Fraud" exposes the law's failure to recognize individual spirituality as part of modern religious practice, concluding that the legal conception of religious freedom has not evolved to keep pace with religion itself."--
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