历史与现实中法律意识与宗教价值观的相关性

Mikhail M. Kazakov
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引用次数: 0

摘要

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