CEU eTD Collection (2008); Jusic, Asim: Economic Analysis of the Legal Regulation of Religion in the US and Germany

CEU Electronic Theses and Dissertations, 2008
Author Jusic, Asim
Title Economic Analysis of the Legal Regulation of Religion in the US and Germany
Summary This thesis analyzes legal regulation of religion in the US and Germany from rational choice perspective, new institutional economics and constitutional political economy, focusing on the constitutional framework, legal status and funding of religious institutions and the establishment and free exercise jurisprudence of the US Supreme Court and German Federal Constitutional Court. It concludes that the legal regulation of religion in the US is more economically efficient in the sense that it motivates religious vitality, however, this vitality benefits mostly strict churches and sects. On the other hand, legal regulation of religion in Germany, while establishing the de facto monopoly of the traditional religions and lowering religious vitality, achieves another goal that is also economically efficient: it reduces overgrazing of moral goods and stabilizes social norms, which in turn reduces state transaction costs.
Supervisor Sajo, Andras
Department Legal Studies LLM
Full texthttps://www.etd.ceu.edu/2008/jusic_asim.pdf

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