The ways in which socialist states used state atheism in declaring that they wanted to build communist society is examined. It then examines the protection from the point of view of anarchist communism of individual freedom, that of social formations and, in particular, religious freedom. The anarchist communist conception of law is placed in relation to different legal models of regulation of the religious phenomenon and,in particular, with the jurisdictionalism applied to religious social formations. As a concrete example, the legislation on cults of the Spanish Republic (1933) is analyzed in order to propose a new jurisdictionalism as an antidote to religious fundamentalism and the theocratic state.
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