Welcome toChinese Legal Research Net
Add to Favorites | Chinese
The christian influence to western law
From;    Author:Stand originally
Ideology of one west law produces the religious base with development
(one) the relation of law and religion
1. The common concern of law and religion
The society that envelope of religious be used in a general sense adores manito spirit is ideological. Engels points out: "All religion are the outside force that commanding people to live daily nevertheless the report of the illusion in people brains, in this kind of report, terrestrial force took the force form that exceeds the world. " [1]
Religion needs to be below specific historical requirement, a series of applies to communion interior behavior regulation that rely on its to be made in certain communion will control the emotional be converted to Buddhism or some other religion of devotional move. It establishs the basic principle of religious belief normally, the structure that religion organizes, clergy and general follower of a religion are mixed in the right in religious life compulsory, the castigatory measure that violates canon act. Have quite perfect canto system, usually, can maintain the order with daily communion and religion very effectively to adore an activity with reliable ground. Accordingly, in inchoate Reformation, can plant in some capacious country and ethical politics are affected in the domain, the system of culture and economy, religion often can give ruler firm the guiding of the regulations of him class status action.  
Law originates greatly primitive traditional perhaps religion is normative, have to say its are right influence sense of law is great. Accordingly, both between also happen to coincide landform became quite complex concern, in the society of different type, having different expressional form. Slavery society, make society and country of contemporary and few number implement orthodoxy syncretic system feudality, religion holds central position in national politics life. In these countries, law and religion are permeated each other, naturally confluence was in one case. Religious standard became one of legal source, it is one of the mainest source even. Although capitalist society implements the system with separate orthodoxy, but because separate system is insufficient complete, religion is right politics, law still has not little effect effect. And, in the political system that makes in the country and law, regarded the provision that law approves as the ceremony of certain religion even, admit certain religion standard has legal effectiveness. This is revealed with respect to body, religion and legal relationship are closer, complement each other and perfect. For example, in western country, spousal adopts system of Christian Abba card marriage, press Bible to make a pledge with the hand in the installation of American country head of state even, reflect the effect effect with a main to law religion.  
2. The interaction of law and religion
Law and religion actually, in current society, especially western country made instrument of pilot of two kinds of societies, bai Erman of American famous jurisconsult thinks, inside all civilization, law and religion share 4 kinds of element, namely ceremony, traditional, authority and catholicity, make clear law and religion between each other interdependent, interaction, what reflect in the country of orthodoxy syncretic commonly is very apparent; In the society with detached orthodoxy, although certain standard of religion cannot be equal at law, but because religion provides thinking morality to control capacity, rising to guide invisibly to the moral belief of average citizen in the society bring. Basically reflect in the following respects:  
Previous12 Next