The Correlation between Legal Consciousness and Religious Values in History and Present Times

Mikhail M. Kazakov
{"title":"The Correlation between Legal Consciousness and Religious Values in History and Present Times","authors":"Mikhail M. Kazakov","doi":"10.18572/1812-3805-2024-1-63-68","DOIUrl":null,"url":null,"abstract":"The purpose of the article is to find out how religious values influenced the legal consciousness in different historical epochs and what role they play in the legal consciousness of modern people. Historical examples show that from ancient times until modern times, the sense of justice was closely connected with religion. The separation of religious values from law took place during the bourgeois revolutions and in connection with the liberation from colonial dependence. The secularization of the state and law was accompanied by the development of a positivist legal concept, the main value of which was proclaimed to be the state, and law was interpreted as a creation of power. Along with the process of «cleansing» the law from its religious shell, there was an identification and justification of values that began to be called universal. In the modern world, while maintaining the differentiation of religious and secular values, the assessment of the former as predominantly spiritual, and the latter as predominantly material, remains unchanged. The presence of a material and spiritual principle in a person has always made it necessary to correlate legal consciousness with an orientation to the temporal, earthly or eternal, heavenly.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"72 9","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2024-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"History of state and law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.18572/1812-3805-2024-1-63-68","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0

Abstract

The purpose of the article is to find out how religious values influenced the legal consciousness in different historical epochs and what role they play in the legal consciousness of modern people. Historical examples show that from ancient times until modern times, the sense of justice was closely connected with religion. The separation of religious values from law took place during the bourgeois revolutions and in connection with the liberation from colonial dependence. The secularization of the state and law was accompanied by the development of a positivist legal concept, the main value of which was proclaimed to be the state, and law was interpreted as a creation of power. Along with the process of «cleansing» the law from its religious shell, there was an identification and justification of values that began to be called universal. In the modern world, while maintaining the differentiation of religious and secular values, the assessment of the former as predominantly spiritual, and the latter as predominantly material, remains unchanged. The presence of a material and spiritual principle in a person has always made it necessary to correlate legal consciousness with an orientation to the temporal, earthly or eternal, heavenly.
查看原文
分享 分享
微信好友 朋友圈 QQ好友 复制链接
本刊更多论文
历史与现实中法律意识与宗教价值观的相关性
本文旨在探究宗教价值观如何影响不同历史时期的法律意识,以及宗教价值观在现代人的法律意识中扮演着怎样的角色。历史事例表明,从古至今,正义感都与宗教密切相关。宗教价值观与法律的分离发生在资产阶级革命时期,也与摆脱殖民主义依赖有关。国家和法律的世俗化伴随着实证主义法律概念的发展,其主要价值被宣称为国家,法律被解释为权力的创造物。伴随着法律从其宗教外壳中 "清洗 "出来的过程,人们开始识别和证明那些被称为普世的价值观。在现代社会,虽然宗教价值和世俗价值仍有区别,但对前者主要是精神价值、后者主要是物质价值的评价却没有改变。一个人既有物质原则又有精神原则,这就使得法律意识总是与面向世俗、尘世或永恒、天堂的方向相关联。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
求助全文
约1分钟内获得全文 去求助
来源期刊
自引率
0.00%
发文量
0
期刊最新文献
Basic Conventional Values and Narratives in the Legal Culture of Israel The Principle of Legality in the Theory of Lawmaking Activity (from the Second Half of the 20th Century to the Early 21st Century) Medieval Polity: The Real in the Unreal R. Pound’s Ideas on Legal Proof Patterns and the Modern Era Legal Education in Byzantium in the 6th to the 15th Century
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
现在去查看 取消
×
提示
确定
0
微信
客服QQ
Book学术公众号 扫码关注我们
反馈
×
意见反馈
请填写您的意见或建议
请填写您的手机或邮箱
已复制链接
已复制链接
快去分享给好友吧!
我知道了
×
扫码分享
扫码分享
Book学术官方微信
Book学术文献互助
Book学术文献互助群
群 号:604180095
Book学术
文献互助 智能选刊 最新文献 互助须知 联系我们:info@booksci.cn
Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。
Copyright © 2023 Book学术 All rights reserved.
ghs 京公网安备 11010802042870号 京ICP备2023020795号-1