Who is My Neighbour?: Law and Religion

Abstract

The relationship between law and religion has a complex history. This article explores their convergence, divergence, and interdependence, focusing on the law of torts and religious principles. Specifically, the study examines negligence, which involves breaching a duty of care and causing harm. A key question arises: Who should be taken care of? This intersection between law and religion revolves around the concept of a "neighbour." The research employs a purely doctrinal methodology. Findings reveal that religious texts emphasize love, compassion and proximity in defining a neighbour, while the legal perspective emphasizes proximity, foreseeability, and reasonableness, disregarding love and compassion. Ultimately, the article concludes that law and religion demonstrate both convergence and divergence. Even in secular states, contemporary legal traditions still maintain theological roots and practices. Thus, theology continues to influence legal frameworks, highlighting the enduring interdependence between law and religion.