This website uses cookies to ensure you have the best experience. Learn more

The Civil Law And The Religious Law

1194 words - 5 pages

In the world the legal system are based on one of three basic systems. There is Western law which is divided into civil law and common law. Then there is Religious law. Each country has its own unique legal system that they include variations of civil, common and religious law. Some have a combination of all three.
Civil Law are based on concepts, categories, and rules derived from Roman law, with some influence of canon law, sometimes largely supplemented or modified by local custom or culture. The civil law tradition, though secularized over the centuries and placing more focus on individual freedom, promotes cooperation between human beings (PAUL M. HEBERT LAW CENTER). Whereas Common law are a body of rules that delineate private rights and remedies, and govern disputes between
individuals in such areas as contracts, property, and Family Law; distinct from criminal or public law (Rogowski, Ralf). Both Types of Laws are influence by Religious law, which I would like to talk about in this paper. Europe looked to the Catholic Church to figure how to deal with legal disputes. The Church had its own set of Law and procedures to carry it out. Faith in God and his holiness will protect the innocent.
There are 3 main types of religious law. There are Sharia in Islam, Halakha in Judaism, and canon law in most Christian groups. Muslims, Jews and Hindus believe that the god(s) they worship gives them their Law. Religious Law is meant to bring human behavior into harmony with spiritual decree. Jewish law the Halakhah is the entire body of Jewish law. It governs all aspect of life in the Jewish community from food, marriage, crime, business practices and clothing. Religious law brings a community of believers willing to abide by these laws and willing to demand compliance from their fellow members who do not. Transgression will be punishing not only during one’s life, but also during the afterlife.
God or Gods reveal these laws to the prophets or religion’s founder. Religion history and development are critical due to the evens of giving the law .As in Islam; Mohammad is the founder and prophet of
Islam, who was to unite a hostile and culturally disparate people. Mohammad had vision where he could hear and repeat the word of God, which his disciples recorded and this became the Koran. Religious law is divine, therefore it’s eternal and perfect and it prevents challenges. We measure sin by God’s laws which are unchanging. Us as Human beings are naturally sinful. God’s answers to our sins are punitive. Jesus’ death on the cross is obligatory as a sacrifice to provide the only substratum for malignant humans to elude deserved penalization.
A religious body or doctrine officially sanctioned by the state is known as a State Religion is. When a state has an official religion, while they are not secular, they are no viewed necessarily as a theocracy. Theocracy is a form of government in which a country is ruled by religious leaders (Webster...

Find Another Essay On The Civil Law and The Religious Law

Criminal and Civil Law in the English Legal System

1893 words - 8 pages impact on society itself. For example: a murder, theft or rape. Criminal law is dealt with in the Magistrates court and if very serious in the Crown court. It is said to be more difficult to win a case in the Magistrates court and Crown court than in a civil court as in a magistrates and crown court the evidence has to be proved beyond doubt and in a civil court evidence can be proved on a balance of probabilities

The law concerning civil unions and gay marriage

2274 words - 9 pages church verses individual rights will cause the split of American Episcopal Church from the Anglican Communion.Recent Articles and LegislationUpon analysis, this group discovered a number of recent article and legislation regarding the topic of sexual preference. For example, a new Florida civil rights law is being thought of as a "breakthrough in fighting discrimination based on race, religion, gender or age and gives the state new legal weapons

Religious Influence and State Law

2864 words - 11 pages disallowing the teachings of a religion to directly affect a religious preference or law, to differentiate between religious marriage and state recognized marriage, and to make sure that religious influence does not affect the choosing of government candidates. Religious influence has always been part of the American Government since the beginning. Even in the earliest history of the creation of our Government with the Declaration of

Common Law Civil Law

665 words - 3 pages CIVIL-LAW AND COMMON LAW TRADITION: ACOMPARATIVE APROACHCivil law primarily contrasted against common law. The significantdifference is that, historically, common law was developed bycustom whereas civil law was developed by legal principles and theinterpretation of doctrinal writings rather than application of facts tolegal fictions. 'Common-law is extremely decentralized in terms ofthe source of law (making place for evolving cultural changes

Breaking the Law or Civil Desobedience

2220 words - 9 pages History has spoken. The words of the weak started it. Their actions proved it. Disobeying a law is a crime that the offender should be willing to take the punishment for and let his sacrifice be used as a point to rally around to create a just, moral change. Whenever a law is deemed unjust, there is good reason for breaking it to achieve justice. Civil Disobedience will never be legal and those who employ it should be willing to accept the

How the Civil Law Depends Againist Bullying

1063 words - 5 pages victims may have actions for intentional infliction of emotional distress. That tort responds to “extreme and outrageous conduct” by a defendant who intended to cause, or recklessly caused, the plaintiff’s severe emotional distress (Citron). Bullying is defined as a harmful act against a person, which is also stated under tort law that is considered a civil wrong which unfairly causes someone else to suffer loss or harm resulting in legal

civil law

476 words - 2 pages ALI / UNIDROIT Principles of Transnational Civil Procedure Ukrainian national litigation 27. Appeal 27.1 Appellate review should be available on substantially the same terms as other judgments under the law of the forum. Appellate review should be concluded expeditiously. 27.2 The scope of appellate review should ordinarily be limited to claims and defenses addressed in the first-instance proceeding. 27.3 The appellate court may in the

Civil And Divine Law-antigone

986 words - 4 pages The Clash Between Civil and Divine Law      Charles Dickens once said, "The law is an ass." Though at first, it seems harsh and very strange, the deeper meaning is one that is a perfect summary of the Greek tragedy Antigone. The meaning of an "ass," is a stubborn, obstinate, perverse, immovable animal. Throughout Antigone, the characters must deal with the clash between Civil and Divine law

"Mortal Law Verses Divine Law"-- In the play Antigone, there is a clear conflict between the written law made by the king, and the higher law, dictated by the religious beliefs of the time

1057 words - 4 pages created conflicts in society, as described by the play Antigone by Sophocles. In this play, there is a clear conflict between the written law made by the king, and the higher law, dictated by the religious beliefs of the time.When Creon, the king of Thebes, decrees that the body of Polyneices should be left unburied, he believes he is doing the right thing. He sees this law as good for the people because they will see him as a good, strong king

Civil Rights Law and Affirmative Action

1173 words - 5 pages “The term “affirmative action” was first introduced by President Kennedy in 1961 as a method of redressing discrimination that had persisted in spite of Civil Rights Laws and constitutional guarantees” (Brunner and Rowen, “A History and Timeline of Affirmative Action”). Then on September 24, 1965, affirmative action was enforced for the first time. “Issued by President Johnson, the executive order requires government contractors to “take

Pornography: Civil law and Catholic teachings

1939 words - 8 pages this way about a women he can have sexual acts with her.Civil Law and PornographyAccording to the 1999 Australian censorship Bill and the 2001 NSW Internet Censorship Bill, it is unlawful to host sexually-explicit material (X18+) on an Australian web server. The government says that this harsh censorship regime is required to protect all Australians, but especially children, from offensive and unsuitable content on the Internet.Proposed new

Similar Essays

The Difference Between Civil Law And Criminal Law

979 words - 4 pages other words, there is no logical or rational reason to doubt the defendant’s guilt. This is not the case in civil law. Civil law is about private disputes between individuals or between individuals and organizations. Civil matters include areas such as contract law, family law, tort law, property law and labour law. The person suing for a wrong has the burden of proving their case on a "balance of probabilities." This

The Scarlett Letter: Civil And Natural Law

1220 words - 5 pages Failure to respect God's standards often roots obscurity in recognizing one's own sins. For this reason, Nathaniel Hawthorne attempts to maintain a dark and truthful view of mankind, his romantic historical fiction novel; The Scarlet Letter reveals both the author and man's common struggle to discern the difference between Civil and Natural Law, the means by which they deceive themselves, justify their actions, and seek redemption. Not to

Natural Law And Civil Law Essay

963 words - 4 pages Leviathan as bearer of supreme authority and nationals who posses certain inalienable rights. We should draw attention to Hobbes’ reasoning about natural law and civil or positive law. According to Hobbes they both match with scope, form and content. However, natural law, which is impartial, equitable, legitimate, and moral in natural state is not the law itself; it just disposes people to peace, mercy, and obedience. Natural law is the laws

Compare And Contrast The Criminal And Civil Law

1156 words - 5 pages Civil law is concerned and deals with the relationship between individuals and relates to civil rather than criminal wrongs with the aim of compensating the suing party for such wrongs (Gibson, Rigby, Ryan & Tamsitt, 2001, p28.1). A civil action is generally brought by the party who has been injured or otherwise suffered some form of loss as the result of a wrong which only directly affected him (e.g. trespassing into private property). When