RELIGION’S CONTRIBUTION TO LEGAL THEORY
RELIGION’S CONTRIBUTION TO LEGAL THEORY C ALEB G AGGI I.
INTRODUCTION
Understanding the contributions of religion to law/legal theory requires an appreciation of how societies functioned in early history. As opposed to investigating the simple dogma of religious decrees (like the Ten Commandments for example), the contribution religion has made to legal theory will be investigated by looking at Christianity’s grip in European societies and culture within the Dark Ages and late Renaissance periods and how the societal norms and cultural expectations were affiliated by religion. This will be complimented by observing the relationship religion has in societies of Islamic faith alongside some detailed excerpts of religion’s appreciation in the foundation of Ancient civilisations such as Greece and the reach of Natural Law. In understanding the historical significance of religion in societies, an understanding of its function as a rules-based system embodied with the concept of ‘action leads to consequence’ will also be investigated in a way to appreciate how law has arrived in its objective and unbiased manner it is today, argued as either by natural law or societal development. Appreciating the nexus religion has on society will contextualise the significance in not only religion’s foothold in social development, but also in how laws are procreated.
II.
HISTORICAL
Religion has had such historical relevance within society for thousands of years, with entire dynasties and kingdoms established under the notion and rules of one dedicated faith.1 The appreciation of religion as a separate rules-based system in societies only later developed primarily after the Enlightenment [in Europe] and was not yet observed as something separable to the idea of early nation-statehood, as such, many fundamental rules and expectations among people were proscribed by scriptures and mandates from sacred and holy texts, or were at least affected by them, directly or indirectly, in early decision-making.2 The impact that these texts had on society have been magnified throughout historical events [particularly in Europe] since the fall of the Roman Empire at the pace at which Christianity’s influence grew by its immense power prior to the Sixteenth Century European Protestant Reformation (Enlightenment).3 The prominence of religion in society attracts sociological critique that mostly digress in understanding religion’s contribution to law - in short, the authority of religion proceeded from its position as authority as divine, and had a grip on almost every leg of authority in most evolving societies atoned by its nature as ‘no human body had power to regulate religious affairs’.4 The Dark Ages and Renaissance sees Christianity at its arguably most illustrious and 1
John Merriman, A History of Modern Europe (W. W. Norton & Company, 3rd ed, 2010) 127-142, 242-261. Ibid 179-206. 3 Ibid 111-8; William Pelz, A People’s History of Modern Europe (Pluto Press, 2016) 19-21. 4 Ibid; Robert Parker, ‘Law and Religion’ in Michael Gagarin and David Cohen (eds), The Cambridge Companion to Ancient Greek Law (Cambridge University Press, 2005) 62. 2
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