The religious factor in the formation of legal ideology

Victoria Chornopyska
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Abstract

The article clarifies the influence of the religious factor on the formation of the legal ideology of Ukrainian society in modern realities, which often has an ambiguous and contradictory character in the formation of the newest mechanism for the realization of human and citizen rights and freedoms. The approach to the religious factor based on the principle of political theology makes it possible to use the factor of religious organizations and the church in the process of building a nation-state in Ukraine, which is of enormous importance for the formation of a strong, democratic and legal state that is able to protect national interests and confront threats to national security. This approach also makes it possible to consider Ukrainian religious organizations and churches as an element of Christian civilization, where there is a place for Catholics, Orthodox and Protestants. This approach creates a platform for cooperation within Western institutions (EU, NATO) of states dominated by different Christian denominations. It has been proven that Christian norms and religious legal awareness are formed in objective conditions and closely interact, and therefore influence legal awareness, shape the perception of members of society about their rights and obligations, about the proper legal order. From its side, legal consciousness affects religious norms, determines the practice of their application in the interests of believers, religious communities in the latter's realization of their religious interests, determining the nature of law enforcement, rule-making activity, the mechanism of legal regulation, etc. That is, Christian norms act as the most important regulators of various social relations, factors in the formation of legal norms, the attitude of individuals to legal institutions and the manifestation of illegal or lawful behavior. It was noted that the influence of religious organizations and churches is changing and transforming into new ideas, legal and political. The structural component of ideology is the religious basis, and this does not apply exclusively to theocratic and clerical states, since religious norms have become the basis of the moral foundations of society. Despite the fact that in the digital age, religious values, although they lose their former meaning as a "sacred image" of the world, and even if they do not have a direct impact on the legal system, they still play an important role in legal life, because the European legal culture was created under the influence Christianity, the Christian view of the world. And modern European legal systems function in a social system that has absorbed Christian religious values.
法律意识形态形成过程中的宗教因素
文章阐明了宗教因素对现代乌克兰社会法律意识形态形成的影响,这种影响在形成实现人和公民的权利与自由的最新机制时往往具有模糊性和矛盾性。以政治神学原则为基础的宗教因素处理方法使得在乌克兰民族国家建设过程中利用宗教组织和教会因素成为可能,这对于建立一个能够保护国家利益和应对国家安全威胁的强大、民主和合法的国家极为重要。这种方法还使我们有可能将乌克兰宗教组织和教会视为基督教文明的一个组成部分,在这里天主教徒、东正教徒和新教徒都有一席之地。这种方法为不同基督教派国家在西方机构(欧盟、北约)中的合作创造了平台。事实证明,基督教准则和宗教法律意识是在客观条件下形成的,二者之间存在着密切的互动关系,并因此影响着法律意识,塑造着社会成员对自身权利和义务以及适当法律秩序的认识。从法律意识的角度看,法律意识影响宗教规范,决定了宗教规范在信徒、宗教团体实现其宗教利益过程中的应用实践,决定了执法、规则制定活动、法律调节机制等的性质。也就是说,基督教规范是各种社会关系最重要的调节者,是法律规范形成的因素,是个人对法律机构的态度,是非法或合法行为的表现。人们注意到,宗教组织和教会的影响力正在发生变化,并转化为新的思想、法律和政治观念。意识形态的结构组成部分是宗教基础,这并不只适用于神权和教权国家,因为宗教规范已成为社会道德基础的基础。尽管在数字时代,宗教价值观虽然失去了以往作为世界 "神圣形象 "的意义,即使对法律制度没有直接影响,但在法律生活中仍发挥着重要作用,因为欧洲法律文化是在基督教、基督教世界观的影响下产生的。现代欧洲法律体系在吸收了基督教宗教价值观的社会体系中发挥作用。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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