A Brief Analysis of the Intersection of Science and Religion in the Context of the Law

The relationship between science and religion in the modern day is complex to the point that the lines between them are often blurred. We have a need to distinguish the two from each-other for a variety of practical reasons. Various philosophies, theories, and tests have been suggested on the interaction between the two and how they are subdivided. One of the sets of criteria which has been shown to work was originally introduced in the opinion of Judge Overton in the case of McLean v Arkansas. McLean v Arkansas is a pivotal case in that it gave us a useful definition of what science is and isn’t in the context of the law. It used the already established Lemon test to show what counts as the establishment of religion. Given the distinction by Judge Overton, there are questions as to whether or not there is even overlap or tension between science and religion, such as in the theory of Stephen Jay Gould’s Nonoverlapping Magisteria (NOMA). What we find in this thesis is that the NOMA principle is doubtful at best. Through the discussion of McLean v. Arkansas, NOMA, and the commentaries of Professors Larry Laudan and Michael Ruse, this thesis develops a contextualization principle that can be used as a guide to develop further theories, particularly regarding the divisions between science and religion.