Divine law comprises any body of law that is perceived as deriving from a transcendent source, such as the will of God or gods - in contrast to man-made law or to secular law. According with Angelos Chaniotis and Rudolph F. Peters, Divine laws are typically perceived as superior to man-made laws, sometimes due to an assumption that their source has resources beyond human knowledge and human reason. Believers in divine laws might accord them greater authority than other laws, for example by assuming that divine law cannot be changed by human authorities.
According with Chaniotis, Divine laws are noted for their apparent inflexibility. The introduction of interpretation into divine law is a controversial issue, since believers place high significance on adhering to the law precisely. Opponents to the application of divine law typically deny that it is purely divine and point out human influences in the law. These opponents characterize such laws as belonging to a particular cultural tradition. Adherents of divine law, on the other hand, are sometimes reluctant to adapt inflexible divine laws to cultural contexts.
Medieval Christianity assumed the existence of three kinds of laws: divine law, natural law, and man-made law. Theologians have substantially debated the scope of natural law, with the Enlightenment encouraging greater use of reason and expanding the scope of natural law and marginalizing divine law in a process of secularization.[additional citation(s) needed] Since the authority of divine law is rooted in its source, the origins and transmission-history of divine law are important.[a]
Treatise on Law [ edit ]
In Thomas Aquinas's Treatise on Law, divine law comes only from revelation or scripture, hence biblical law, and is necessary for human salvation. According to Aquinas, divine law must not be confused with natural law. Divine law is mainly and mostly natural law, but it can also be positive law.
See also [ edit ]
- Biblical law in Christianity
- Glossary of ancient Roman religion § ius divinum
- Law and religion
- Morality and religion
- Regulative principle of worship, debate over the scope of divine law in 17th-century English Christian practices
- Rule according to higher law
- Sharia, Islamic law
Notes [ edit ]
Citations [ edit ]
- Chaniotis 1996, p. 85. sfn error: multiple targets (2×): CITEREFChaniotis1996 (help)
- Peters 1988, p. 244.
- Chaniotis 1996, p. 86. sfn error: multiple targets (2×): CITEREFChaniotis1996 (help)
- Anghie 1996, p. 323.
- Molano 2009, p. 212.
- Chaniotis 1996, p. 67. sfn error: multiple targets (2×): CITEREFChaniotis1996 (help)
- Chaniotis 1996, p. 75. sfn error: multiple targets (2×): CITEREFChaniotis1996 (help)
- Peters 1988, p. 244f.
- Anghie 1996, p. 323f.
- Weiss 2010, Part II. The Indicators of God's Law.
Chaniotis, Angelos (1996). "Conflicting authorities: Greek Asylia between Secular and Divine Law in the Classical and Hellenistic Poleis" (PDF). Kernos. 9: 65–66. Retrieved 2020-04-04.
In Euripides' Ion [...] [t]he distinction between the secular nomos which condemns the assailant and the divine themis which protects the suppliant, regardless of the crime he has committed, is clear; equally clear is Ion's condamnation [sic] of this indifference of the divine law towards the suppliants, righteous and unrighteous alike.
- Chaniotis 1996, p. 69. sfn error: multiple targets (2×): CITEREFChaniotis1996 (help)
References [ edit ]
- Anghie, Antony (1996). "Francisco de Vitoria and the colonial origins of international law". Social & Legal Studies. SAGE. 5 (3): 321–336. doi:10.1177/096466399600500303. ISSN 0964-6639.
- Peters, Rudolph F. (1988). "Divine Law or Man-Made Law-Egypt and the Application of the Shari'a". Arab Law Quarterly. 3 (3): 231–253. doi:10.1163/157302588X00281.
- Chaniotis, Angelos (1996). "Conflicting authorities: Greek asylia between secular and divine law in the Classical and Hellenistic poleis" (PDF). Kernos. 9: 65–86.
- Molano, E. (2009). "Divine Law and Constitutional Canonical Law". Ius Canonicum. 49: 195–212.
- Weiss, Bernard (2010). The search for God's law : Islamic jurisprudence in the writings of Sayf al-Dīn al-Āmidi. Salt Lake City Herndon, Va: University Of Utah Press International Institute of Islamic Thought. ISBN 978-0-87480-938-1. OCLC 758391490.
Further reading [ edit ]
- Canosa, J. (2009). The Efficacy of the Divine Law in the Administrative Justice in the Church. Ius Canonicum, 49, 549. https://heinonline.org/HOL/P?h=hein.journals/iuscan49&i=555
- Martinez, F. (2005). "La Superioridad Del Derecho Divino En El Pensamiento Pregracianeo: Una Vision De Las Colecciones Canonicas Medievales" [The Superiority of the Divine Law in Pre-Gratian Thought: A Perspective of the Medieval Canonical Collection]. Ius Canonicum (in Spanish). 45: 183ff.
- McCall, B. M. (2011). Consulting the Architect When Problems Arise-The Divine Law. Geo. JL & Pub. Pol'y, 9, 103.
- Rubin, A. P. (1992). International Law in the age of Columbus. Netherlands International Law Review, 39(1), 5-35.
- Rumble, W. E. (1979). Divine Law, Utilitarian Ethics, and Positivist Jurisprudence: A Study of the Legal Philosophy of John Austin. Am. J. Juris., 24, 139.
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