宗教——立法和执法过程中的一个重要因素

M. Kelman, Rostyslav Kelman
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引用次数: 0

摘要

这项研究的相关性是基于这样一个事实,即科学论文几乎没有试图从理论上发展宗教与法律之间的相关性。法律学者忽略了宗教对立法和执法活动的影响形式。这方面的现有研究往往是零碎的。本研究的目的是根据现代法律对主要原则的理解来证明宗教与法律之间的关系,澄清宗教在法律领域中的作用。本研究的哲学和方法论框架在方法论方法、方法和技术的选择上涉及到多元主义原则,因为它们构成了科学和认知过程的基础,确保了宗教和法律在立法和执法过程中的共同特征研究的统一性和目的性,如仪式化、传统性、权威性和普遍性。本文认为,在现代社会中,宗教价值虽然失去了其以往作为世界“神圣形象”的意义,即使基督教原则对法律制度没有直接影响,但由于欧洲法律文化是在基督教的影响下创造的,因此在法律生活中仍然发挥着相当大的作用。现代欧洲法律体系是在一个吸收了基督教宗教价值观的社会体系中运作的。本研究旨在进一步发展一般法学理论,扩大对宗教与法律关系的认识,完善社会规制体系,完善立法。所得结果可用于立法和执法领域,为律师、哲学家、社会学家和所有对法律意识发展不漠不关心的人编写教科书、手册。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Religion – a Significant Factor in Law-Making and Law Enforcement Processes
The relevance of this study is conditioned upon the fact that scientific papers have almost no attempts to theoretically develop the correlation between religion and law. Legal scholars ignore the forms of influence of religion on law-making and law enforcement activities. Available research in this area is often fragmentary. The purpose of this study was to prove the relationship between religion and law based on modern legal understanding of the main principles, to clarify the role of religion in the legal sphere. The philosophical and methodological framework of this study involved the principle of pluralism in the choice of methodological approaches, methods, and techniques because they form the foundation of the scientific and cognitive process, ensure unity and purposefulness in the study of common features of religion and law in the law-making and law enforcement procedure, such as ritualism, tradition, authority, and universality. It is argued that in modern society, religious values, albeit losing their former meaning of the”sacred image” of the world, and even if Christian principles do not have a direct impact on the legal system, still play a considerable role in legal life because European legal culture was created under the influence of Christianity, a Christian view of the world. Modern European legal systems operate in a social system that has absorbed Christian religious values. This study is aimed at further development of the general theory of law, expanding the knowledge about the correlation between religion and law in the system of social regulation, improvement of legislation. The results obtained can be used in the field of law-making and law enforcement, for the preparation of textbooks, manuals, for lawyers, philosophers, sociologists, and all those who are not indifferent to the development of legal awareness.
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