The growing presence in Western society of non-mainstream faiths and spiritual practices poses a dilemma for the law. For example, 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? 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 were conceived in the context of organized religion. Jeremy Patrick examines how the law needs to adapt to a contemporary spirituality in which individuals can 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 legal understanding of freedom of religion has not evolved along with religion itself.
Introduction
1 Fortune-Telling
2 English Law
3 Canadian Law
4 Australian Law
5 American Law
6 Analysis of Arguments for and Against
7 Spiritual Counselling and Freedom of Religion
Conclusion
Appendix 1: Chronology of English Statutes and Cases on Fortune-Telling
Appendix 2: Further Reading
Notes; Index
Jeremy Patrick is a lecturer in the School of Law and Justice at the University of Southern Queensland, Toowoomba, Australia, where he also convenes the law, religion, and heritage research program team. His work on religious freedom, the separation of church and state, blasphemous libel and similar topics can be found in journals such as the Journal of Law and Religion, the University of British Columbia Law Review, and the University of Queensland Law Journal.
As a detailed history of the debates over fortune-telling in four different countries, and as an argument for the expansion of religious freedom law to include this kind of practice, Faith or Fraud makes a valuable contribution to the field
~Tisa Wenger, Yale Divinity School, Nova Religio
Faith or Fraud is a thought-provoking read which could provide the catalyst for much further work. It provides a wonderful opportunity to confront our attitudes towards 'new Age' faith and to modern manifestations of faith...All this is done in the context of tantalising glimpses of other topical issues around the transmission of legal ideas within the common law world.
~Charlotte Smith, University of Reading, Ecclesiastical Law Journal
Faith or Fraud is a valuable contribution to the study of legal responses to fortune-telling...A comprehensive survey of this nature has never been conducted, and this is both an insightful and full addition to current scholarship.
~Taryn McLachlan, University of Saskatchewan Law School, Saskatchewan Law Review
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