Relation between Law and Religion - Essay Example

Religion and Law Introduction Religions are one of the s of socialisation, having the influence on people and decide how the people think and live. It does not matter what religion you are belong to, the basic elements are same for all religion. The religion organizes its action around certain beliefs, practice and symbols. The religion is formed by the group of people who bearing similar belief and ideology. There are normally laws within the religion that guides the way the members of the religion should behave. Any member of the religion broken the law, it will be treated as sinful, and which leads to punishments some times. According to Ron Kurtus, Religion can be see as a theological, philosophical, anthropological, sociological and psychological phenomenon of human kind. Religion includes survival in harsh, environmental, moral and social rules, overcoming diseases and mysteries of life including life after death. (Ron Kurtus, 2002) Religion is a large and complex phenomenon. The root of the word religion is from the Latin word "religare", which means being bound. Religion also may embrace a conception of faith. Law is the social mechanism, which is used to maintain the social order. In other words, law may help to maintain the public order, so that the social and legal interactions can occur within the society. The law is a instrument for the resolution of disputes, social problems, security threat and issue in relation ship between individuals. Three basic components are consisting in the human nature; they are to live, to propagate and to dominate. Law is the parameter, which govern the behaviour of natural state of existence by the humanity. Relation between Law and Religion The law is important factor for the religion. The theoretical structure of the law is designed to support the religion and the religion has the impact of the law. The law accommodates, restrict or influence the religion. The law has the major role in maintaining public and social order. The law has also the specific role in relation to the moral order of the society. The law is the instrument for resolution of disputed between individuals without endangering public order. The law helps to the policy makers to respond to social problem. The lawmakers can use their power to exercise their law making power to change the rules to engage with social problems. The law may also been seen as set of rule regulating individual relationship. The law is the important mechanism for controlling state power in particular in securing the rights and freedom of the individual. This is a particular theme in relation to religious rights. The religious beliefs, identity and practices of individual have the potential impact on the function of the legal system. And also the legal values have a strong influence on religious values. Law is using to keep order, resolve disputes, respond to social problem, regulate social relationship, control state power or empower individuals. Law is important factor in the religion, since it impinges on individual, community and organization. There are so many religion works in our society. The law makes enforce the law to protect the freedom of speech and racism etc. In the world we can see different countries fighting each other due to different religion and belief of the people in those countries. The interaction between law and religion is important for the society. The religion interest of an individual is not more than an explanation for their activities or spiritual needs rather than a distinctive interest of that individual. The lawmakers need to give weight to the right to individual autonomy, which may arise because an individual wishes to reject medical treatment that would be contrary to their religious beliefs. (Peter W. Edge, 17). Law important for Religion Law may be seen as one of many social instruments, which maintain the social order in the society. The law enforce the transition from an endless war of all against all, to a position where self defence and personal property. The state law may also serve to define and protect the constitutional and political order. The law also have a specific role in relation to maintain moral order in the society. In the case Edward Books and Art Ltd. v R (1986) 35 DLR (4th) 1 (Can) the supreme court of Canada considered a law which required some retail business to be closed on particular days, including Sunday. Some retailers were exempted from this limit, if they closed on Saturday instead. The court found that the purpose of the legislation was a secular one, rather than simply enshrining a religion prohibition on trade on that day, although it did have an adverse impact on particular religious group such as Jews and seventh day Adventist. (Peter W Edge 3) The Law may be seen as a mechanism for restriction of disputes between individuals without endangering public order. In practice, using full panoply of the law to resolve a dispute is often clumsy way of dealing with it, and litigation, by which court gives an authoritative judgement on the legal merits of the disputes. Litigation is often viewed as the last resort for the legal advisers. The sources of law are drawn from disputes or as a response to social problems. And the law is clearly capable of performing. In England law has been used to resolve disputes between members of religious organisation. The law is also considered as the instrument by which the law enforcers can respond to social problems. This may lead to an increase in sheer volume of law within a particular jurisdiction as successive social problem are dealt with law. This is also help the lawmakers to taking action within their power, the exercise of their law making powers to charge legal rules. The law seeking to deal with a social problem within religious context is the United States prohibition on religious discrimination the work place. The law is also considered as set of rules which regulation the relationship between n individuals. The law of blasphemy, which in England prohibit some expression of some religion concepts, as an indication of the outer limits of incivility in some religious discussion. In the case Ramsay and Foote (1883) 15 Cox C.C 231 (U.K), the judge approved a passage suggesting that the law of blasphemy 'visits not the honest error, but the malice of mankind. A wilful intention to pervert, insult and mislead other by means of licentious and contumelious abuse applied to sacred subject or by wilful mispresentation or wilful sophistry'. (Peter W Edge 4) Law may be seen as important mechanism for considering state power, and is particular in securing the rights and freedom s of the individuals. Law is providing a mechanism for empowering individuals and organisation. The organisation of the state derives their power from some legal statement. Law is also provides to the individual, the power to arrange their affairs in a way which gives them more power for instance by pooling their resources as an organisation for the advancement of their religion. Religion Important for Law The legal values can be strong influence on religious values. In the case Raynold v United States 98 US 145 (1878) (US), the supreme Court had to consider whether the law criminalizing polygamy, the practice of which was endorsed by the Church of Jesus Christ of the Latter Day Saints at court ruled that the religion liberty guarantees under First Amendment prohibited any law against mere opinion, but did not protect, actions which were in violation of social duties or subversive of good order. Ina later polygamy case, the Supreme Court reiterated the exclusion of polygamous acts from the First Amendments. In religious practices of the mainstream Church, and perhaps even the development of its doctrines may have been directly influenced by this finding. Even where the law does not act to prohibit a religious belief or activity, structural expectation may also be influential on the development of the religious community. (Peter W Edge 6) Religion can be important for law in the same as for instance, political belief or sexual practice. When law enforcement agencies consider how to deal with an armed group, properly understanding their religion and belief may provide a key to evaluation of the situation and take appropriate measures. The religion interest of an individual should be treated as an explanation for their activities, or needs rather than interest of the individual. Lawmakers have to give due Weight age to the right to individual autonomy, which may arise because an individual wishes to reject medical treatment that would be contrary to their religious belief. According to Chris Rojek, tradition ritual, festivals or processions, which occur on holidays and festival days as example of leisure activity. By the same route he sees the conflict over access to Stonehenge, including access by individuals who view it as a pivotal sacred site as raising important question so f citizenship rights and the state management of leisure resources. (Rojek, 95) The religion has no special characteristic, which requires a separate analysis. Court, legislature, and jurist frequently assert that the religion does have special characteristics. The religion received a special treatment in both domestic and international law of most of the jurisdiction. The International covenant on Civil and Political Rights, a globally applicable treaty begin with "Every one shall have the right to freedom, thought, conscience and religion" (ICCPR, Art18) The religious interests are more profound than other interest. They entitled to separate recognition. Recognition as a religion can see important to many communities in a society. Mainly the minor or unpopular community have the urge for recognition as a religious community. For the religion adherents, their religious belief, problem and identity occupy a position of special importance in their life. The persons sense of who he is, why he exist and how should relate to the world around him. A persons religious belief cannot meaningful be separated from the person himself, they are who he is. (Conkle, 1988 pp-1164). The religious interest and cultural and other collective interest requires explicitly recognition of the religious interest. The link between religion and ethnicity, especially in legal terms is a complex one. In many instance an individual religion forms part of broader social context. In the case Kokkinakis v Greece (1994) 17 EHRR 397 (ECHR), the religion is a matter of communities rather than of individuals, failure to respect a religion might create a public order problem. (Peter W Edge 9) The Religion is based upon the interest of the society, including members of the religious community and non-members of the community. The theme of the law is many areas are like that religious adherents and religious organisation can be assumed to benefit the society. The religious groups have special value to democracy, and the state should nurture them. The religious interest seems as the right culture of the society. The religious minority should provide due consideration. The religious liberty and the provision of fundamental human rights are ultimately inseparable. The reorganisation of multiple religion system can exist with the jurisdiction. Religion matters to law, because of its role as a providing part of the context to legal discussion; (a) because of the distinct place to be given to religious interest in legal analysis, whether; (b) because of taxonomy of rights in International and Constitutional Law, the profundity or religious interest, their centrality to the rights of the individual behaviour, their importance to broader cultural and communal life, or their role in society as a whole; (c) because of the special problem posed to any liberal legal discourse which seeks to develop a legal pluralism in response to a growth in religious plurality. (Peter W Edge, 11) Religion and International Law The international law given the special treatment for the religious interest and is recognized by the domestic, English law. Many key human rights instruments in United Kingdom in International Law provide a special, express, guarantee of freedom of religion and conscience. The religion interest has a special consideration in individual human right, which protect the privacy and freedom of expression. The religions interest are more profound than other interest, they are entitled to separate recognition. The legal frame works is designed such a way that it distinguishes between the sacred and secular, and between religious activities and leisure activities. There should be sense in which religious community in a plural society, particularly minority, or unpopular communities need recognition as religious communities. For religious adherent their religious beliefs, practices and identity occupy a position of special importance in their life. There is a collective interest requires explicitly recognition of the religious interest to link between religious interest and cultural. The religion has a community aspect, especially for a minority community, responding that religion is an important step in ensuring that members feel a full part of a plural society. In twentieth century the International Law evolved beyond the nineteenth century focus on relation ship between states to elucidation and protection of International human rights guarantees. Article 18 of the universal declaration on human rights may see as a watershed in that. It was the first international treaty, which did not conceptualise religion under the umbrella of minority rights. The religion was protected as a general human right. There are two separate rights; the first is the internal freedom for freedom of thought, conscience and religion. The second right is the external freedom to manifest religion or belief in worship, teaching, practice and observance. (Abbay Day, 159) Church and State In constitutional terms, there is much that is controversial about the Church of England from both historical and contemporary perspective. It traces to the origins bank to the conversion to Christianity of the Saxons. Its status as a national Church arises in the political milieu of the sixteenth century, especially through the dynastic ambitious of Henry VIII, rather than principled theological reassessment of Roman Catholicism. Given the domination of political consideration in Henry's breaking o f the Church away from Rome, it is unsurprising that his most notable legacy was a state fife with religious zoolatry and confusion. There were radical reforms under Edward VI, a traumatic return to Rome, Under Mary and the period of pragmatic modern under Elizabeth. (Gordon Arthur, 121) The consideration of the Church of England's position and resolution of the antagonism of the seventeenth century led to its solid entrenchment in the British State. Although the other belief can to be tolerated to varying degrees, the Church of England always occupied, and continues to do so, a position of political privilege through its connection with the crown and Parliament. In England, for centuries the Church was the only source of relief to the sick, poor and downtrodden. The Church found nations schools, provided medical care, sheltered the homeless and comforted the destitute. Over the years the Church has been pushed to the margins and the State has became the provider for the social provision. In the multicultural Britain of an established Church seen as a fading remnant of hierarchical class based authority. The Churches are put back at the heart of social provision. The voluntary bodies are more effective than government bureaucracies; there is no sense in calling for a return to a bygone age by giving new social powers to the Churches. The Churches are taken seriously as a service deliverer, but its establishment as a state organisation makes such an independent delivery very difficult. The Church should increase the effectiveness of its welfare services not because it seeking good public elation or it will earn recognition from Government because it is the right and moral thing to do. The relation ship between Church and State can be described as the institutional form of the relation between religion and politics. The Western secularisation has required a limit to the powers of religious authorities, but it has its origins in a much earlier period in the development of separate Church and State institution in Christendom. The rivalry between Emperor and Pope was a key feature of the politics of Europe in the middle ages and in the twelfth, thirteenth, and fourteenth century the rivalry between Guelphs and Ghibellines was the greatest contest in Italian politics. It had started as a feud between South German tribes, but became a partisan quarrel between the papal faction and the imperial Ghibellines. (S.M Waddams, 8) In most ancient civilisations, the separation of religious and political orders was not clearly defined. The close relation of politics and religion continued even after the triumph of Christianity. The emperor Constantine exercised the authority over both Church and State. In the early middle age, secular rulers claimed to rule by the grace of God. In the later, middle age popes and emperors compete for universal dominant. During the investiture Controversy the Church clearly deigned separate and distinct religious and secular orders, even though it laid foundation for the papal monarchy. The reformation greatly undermined papal authority, and support given towards the state, and many claiming to rule Church and state by divine right. The concept of secular government is emerged in the United State and France. In Western Europe the state protect freedom of worship and maintain a distinction between civil and religious authority. (Maddox, Robert L, 22) Conclusion England always consider as Christian based nation. When the politics allowed getting in the way of the life of peoples, so come the problem associated with this. The dominant of the state power and put back the Churches to margin in social provisions created disappointment in religious individual and organisation. The state put hard effort to maintain a distinction between the civil and religious authority, so it can be maintained good relation ship between the state and religious organisations. Works Cited Ron Kurtus, Religion and Law. SFS publishing Company, 2002. Peter W. Edge. Legal Response to Religious Differences. Kluwer Law International, 2008. Peter W. Edge. Religion and Law - An introduction. Ashgate Publishing Ltd. 2006. Abbay Day. Religion and Individual - Belief, Practice and Identity. Ashgate Publishing Company, 2008. Chris Rojek. Cultural Studies. Polity, 2007. International Covenant on Civil and Political Right. (1976) (http://www2.ohchr.org/English/law/ccpr.htm#art18, 2009. Conkle D.O Toward a General Theory of the Establishment Clause. Northern University Law Review, 1998. Gorden Arthur. Law, Liberty and Church. Ashgate Publishing Ltd, 2006. S.M Waddams. Law, Politics and Church of England. CUP Archive, 1992. Maddox, Robert L. Separation of Church and State. Cross Road Publishing Company, 1987. Read More