Religious Conflicts in Disguise: The Limits of the Law in Tackling Conflicts with Religious Dimensions

In previous publications, we have established the crucial differences between conflicts with religious dimensions (CRDs) and other types of conflicts. We claim that a legal solution to CRDs is rarely sufficient to terminate the conflict and often might lead to further damage to communities and persons, sometimes even harsher than the original dispute. Since not all CRDs are similar, a theorized model of their distinguishing elements—time, intensity, and proximity to core values—assists us in differentiating them. By analyzing the elements of CRDs in accordance with the TIV model, we can more easily determine which conflicts are suitable for legal process and which are better off handled by alternative methods of dispute resolution.

In this paper we look at diverse disputes from around the world (the U.S., Europe, and the Middle East) through the lenses of CRD. We analyze them according to the Time, Intensity and Values (TIV) model in order to assess whether the legal discourse used to manage them was appropriate. Our findings reveal that many of the adjudications are unhelpful in resolving the dispute or might cause harm when tackled by legal means, while other disputes are more suitable for legal resolution. Such systemic analysis contributes to the understanding of CRD and to the decisions regarding the appropriate interventions in them.