Divine punishments, a model for the juridical sanctions

• Author: Daniel-Stefan Paraschiv
• Position: Doctoral University Assitant, 'Spiru Haret' University, Faculty of Law and Public Administration, Râmnicu Vâlcea
• Pages: 85-87

DIVINE PUNISHMENTS, A MODEL FOR THE JURIDICAL SANCTIONS

Paraschiv Daniel-Ştefan*

Abstract

Since the most a ncient times of our civilisation, the conduct of individuals was governed by religious

perception, by the punishing powerof divinities, however,along t he way a nd over the centur ies, the

organ izational pattern of society evolved, the sanctions being now app lied by h umans, for breaching lthe laws

that they adopted, but which still embodied strong relig ious conotations.

Key words: divine punishments, laws, juridical sa nctions.

Introduction

In tis wide meaning, the term „sanction” refers to a spiritual or physical suffering beared by someone for

provoking, at his turn, a damage or suffering – in an unjustifiable or unjust mode- to another person, thus

leading to a bala nce, just a s before the accident occur ed, of the a ritmethics of unaffected interests of the

participa nts from the mentioned conflict.

1

Juridica l sanction is a creation of the la w (pozitive law), a juridical institution derived (the consequence

of the precept, in case it is ign ored) and an instrument for a chieving and reintegrating the jur idical or der (it

gives authority to the precept a nd reestablishes the rule of law, by applying it).2

Concerning the punishments attributed to God or other divinities

The issue of punishments attributed to divinity is totally different in the Christian world compared to the

Muslim world, where religion r epresents an important source of law, made possible by the strong influence of

the Koran.

In the analysis of the punishments attributed to God, we must first make a difference between which of

them are said to be applied by Him and which are established and applied by humans, in His na me.

In the beginning of human kind, the world was dominated by faith in the punishing po wer of divinities,

the later being interpreted as divine punishments for the numerous natura phenomenons harmful to humans.

The punishments considered to be applied by God may be spiritual (sadness, ignorance, error, will

infirmity) or physical (hunger, war, spoliation, captivity, sickness). To all these will also be added the

punishment of the forces of nature: earthquakes, lightning, drought, floods, hail, etc.3

It can be stated that the first punish ment applied by God was the banishment of Lucifer and other angels

who has rebbeled against Him. Other punishments “applied” by God may be considered: the banishment of

Adam and Eve from Heaven as a punishment for their disobedient attit ude regarding His command and

concerning the “forbidden fruit”; the p unishment of Cain for killing his brother Abel 4; the great flood “sent” to

punish humans as they has streamed away from the religious precepts; the distruction of Sodoma and Gomora

for punishing those guilty of sexual perversions which took place in the walls of t hose cities.5

Over the course of the veolution of ages, sanctions began to be applied by the po wer of humans as well,

but embodying strong conotations from the sphere of divine forces. 6 Law was considered a result of the will of

the divinity, creating a competing atmosphere between the graduants o f the law and theological schoolsfor

“grabing” the right to punish, the clerics being, in most cases bachelors in secular and theological law. 7

* Doctoral University Assitant, “Spiru Haret” University, Faculty of Law and Public Administration, Râmnicu Vâlcea,

drept_vl.paraschiv.daniel@spiruharet.ro.

1 The quantification operation is a customary characteristic of science, in general, the ideal of each scientific discipline, b eing that of its

mathematization. The equivalence relation which resulted in the framework of the law, from the rational operation of quantification can be

encountered in juridical domains such as civil contracts, indemnities, application of punishment judging by the intentions with which the

harmful act was committed, the nature and size o the damage produced, etc. In this respect, see Mircea Djuvara, Teoria general a dreptului.

Drept raional, izvoare şi drept pozitiv, C.H. Beck publishing, Bucharest, 1999, p. 354.

2 Vintil Dongoroz, Drept penal (Treaty – retype the course from the year 1939), Romanian Academy Publishing House, Bucharest, 2000, p.

8.

3 Constantin Pavel, Problema rului la Fericitul Augustin, Biblical and Missional Institute of the Romanian Orthodox Church Publishing

Hosue, Bucharest, 1996, p. 101.

4 One may state that this is the first infringement ever known by humans.

5 George Minios, Istoria infernurilor (translation from French by Alexandra Cunita). Humanitas Publishing House, Bucharest, 1998, p. 19

6 Thus, as an example, a relation b etween the human justice and divinity may be deduced from the regime of the tax penitence, according to

which the confessor ap peared a judge who interrogated and pronounced sentences, after which weighed the errors of the offenders. He

established penitence by following the principle contraria contrariis, imposing: the gourmet post, the work of the lazy, abstinance for the

lustful etc, as well as for the period of the post whose duration was stipulated in certain lists, depending on the gravity of the “mistakes”

committed.

7 Georges Minois, op.cit. p. 19.