Traditional Culture Encyclopedia - Traditional stories - Answer: Please use the Christian tradition in Europe or the Brahmanism tradition in India to illustrate the historical significance of religion in promoting the formation of a modern legal society.
Answer: Please use the Christian tradition in Europe or the Brahmanism tradition in India to illustrate the historical significance of religion in promoting the formation of a modern legal society.
In the western social environment, religion and law are two main forms to express people's social life: religion is the spiritual basis to express people's value demands, and law is the mandatory social norm to express people's interests. However, in history and reality, the two are interactive. Religion not only establishes the belief foundation and expresses the judicial purpose for legislation in terms of equality and justice, but also the organization and governance of the church itself has accumulated rich experience for the evolution of the legal system and has become an important ideological and institutional source of the modern western legal system. Similarly, the social process centered on the evolution of the legal system also provides a practical verification mechanism and institutional guarantee for the reform and development of religion. Religion based on the Bible not only constitutes the value basis of western morality and law, but also the litigation culture and canon law embodied in it has a great influence on western legal civilization after Roman law. Therefore, Harold J. Boehlmann, a giant of western legal history, once concluded: "Western law is a secular theology." The systems, core concepts and value bases related to religion and theology are still reflected in the current legal theories and systems, such as the principle of equality for all, the principle of civil disobedience, the sanctity of property rights, contractual rights representing individual will, freedom of conscience, and moral restrictions on public power. Of course, the religious miracle of traditional theological beliefs and dogmatic argumentation of theosophy have long been excluded from law.
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