The divine foundation of the law

• Author: Ramona Duminica
• Position: Assistant Ph.D. Candidate, Faculty of Law and Administrative Sciences, University of Pitesti
• Pages: 76-79

THE DIVINE FOUNDATION OF THE LAW

Duminic Ramona

Abstract

Throughout histor y, the bond between law and r eligion seems inevitable, as it significantly marked the

juridical culture. The religious precepts form the foundation of the legal system in all times and all cultures.

Moreover, there a re legal systems even today whose main source lies in r eligion, such as Muslim law.

Key words: foundation, religious pr ecepts, the law.

Introduction

In an age where doctr inal discussions a re led by a positivism at times exagger ated, by overlooking the

fundaments, we consider a s suitable that ju ridical thinking return to its origins, the historical-philosophica l and

religious ba ses of the juridica l phenomenon.

Thus, the present a rticle attempts to rediscover one of the sour ces of the a uthority of the law, one of the

aspects tha t have helped it survive the passing of time: the divine origin a ttributed to rules of law.

1. Everlasting law – the foundation of all law

The authority of the law finds its justification in the omnipotence of its creator. Yet, what is this

“exterior authority” which “must be obeyed”? First there were the gods in ancient cities, then for the most past

God Himself in the Bible and in the Judeo-Christian faith.

According to the Bible, Go d is the creator of the world absolutely and independently and at the same

time He gives it purpose. The existence and the accomplishable purpose can therefore be found in the hand of

God, both of them being the work of His divine all-powerfulness and wisdom. Apart from the creation plan of

the world, God also has a plan for the running of the world, a plan according to which God orders and runs the

whole of creation. This plan seen as a law for the whole of creation is dubbed the eternal law is the eternal will

of God whereby he leads the world and it was chosen by God freely. The eternal law, as a norm and source of all

there exists, is subordinate eternally to his d ivine will and sovereign wisdom. Through it God has decided since

the beginning of time that it is necessary for all creatures to preserve the order assigned to them.

1

In the Holly Scripture it is said of the eternal law “I was set up from everlasting, from the beginni ng, or

ever the earth was”.2

This law is necessary because God cannot create beings and not give them a purpose also, without

arranging everything do that the purpose be fulfilled. At the same time, it is unc hanging since God is unchanging

in His universal will and decisions, given that it applies to the whole universe.

All these qualities transform the eternal law into the foundation and the source of all laws, the Law par

excellence, which ensure the natural and moral order of all beings and things. “Its existence is uncontestable, it

can be found in the conscience of all people and in all times”. The moral precepts are available forever and

concern man and the society he inhabits, who creates human laws based on the moral ones. 3

The divine characteristic of the law is expressed most vigorously in the Bible. The voice of God is

clearly heard in the Torah, which i n the Greek version of the Bible is translated as “nomos”, and in the Latin one

“lex”. T he Legislator is himself like God: the commandments are written on the stone slabs “b y the finger of

God”. However God needs a mediator , a Prophet. He who carries the word of God holds power. Thus, he who

holds the Decalogue has th e power. Christian iconography illustrates this biblical event, consecrated and

popularized the substantial link between law and power.4

2. Religion – the vector for creating the law throughout history

Despite being basically different, the law and religion have bee n tightly connected, however, since the

earliest times. It is true that a majority o f juridical norms are linked to religious precepts, but the fact that there is

a large part of them that reflect certain religious commandments, as we will show in this study.

In fact, even when religious norms become law, there are substantial differences between them, for

example in the level of punishment, the religious precepts concern the relation between man and divinity, while

the juridical ones involve the sanctioning fro m the social group. So metimes there is an ob vious rip between legal

and religious norm, for example the principle of self-defense and the one of turning the other cheek, however it

is clear that in a certain stage of the evolution of society, religion has played the role of a vector in the creation of

 Assistant Ph.D. Candidate, Faculty of Law and Administrative Sciences, University of Pitesti (e-mail: duminica.ramona@yahoo.com).

1 Irineu Ion Popa, Substana moral a dreptului, Universul Juridic Publishing House, Bucharest, 2009, pp. 21-22.

2 Book of Proverbs 8, 23 (King James Version).

3 Irineu Ion Popa, op.cit. pp. 23-24.

4 J. C. Bécane, M. Couderc, La loi, Dalloz, 1994, p. 7.