The idea of religious studies and religion convenes at the intersection of anachronism, pragmatism, and the non sequitur. The religious concept itself, although sanctioned with formal authority, is nonetheless premised on a problematic dialectic. This paper investigates the dilemma and its ongoing impact on biblical studies and the humanities. In particular, the study will interact with Frazer’s monograph, The Golden Bough, and its retentive legacy on the idea of religion, the supposed nature of religion, the origin of law, and the notion of the sacred and profane. The first section explores a selection of possible latent roots behind Frazer’s assertions, including: dialectics in philosophy; law and scholarship as the domain of ontological superiority; and the rift between the divine and mortal. These apprehensions amalgamate into an intellectualized worldview uncoupled from the world or the text it alleges to explain. The second section explores religion, biblical studies, and the humanities within this epistemological milieu by briefly highlighting three suppositions: law (justice and legislation), holy and profane (states of being), and theodicy (good and evil). Far from a full treatment, this paper suggests such constructs are questionable hypotheses treated as conclusive theories. The paper closes by discussing the continuing impression Fraser (and others like Durkheim and Eliade) have left on the field of biblical studies and the humanities, and the need to critically reevaluate such hypotheses based on the arguments provided.

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