The attempt to hold the law to a universal and unchanging set of moral standards is definitely touching on a religious ground. I don't believe that law should have any part of religion within it's components. The state and church are supposed to be kept separate in today's world. Therefore, the way we govern our people and develop laws should be kept separate from religion. The dangers of incorporating religion into law are great. There are so many different religions within our country and so many different interpretations of religion and/or how it should be used and when. If we were to incorporate religion into laws in any way there would be problems. For example, some people with a religion that doesn't have a God per say would take offense to any law that is supposed to be from a God or followed because of a God. This may cause fights or may even cause that certain group of people to refuse to follow the laws because it is against their belief. Our law needs to be universal so that everyone can follow it regardless of their ethnic background, religious background, or whatever it may be. There is too much controversy and bias within religion to expect it to be included in any of our laws.
However, I do agree with the natural law theorists on their views of law being a consequence of nature. Laws are not supposed to be set so that humans can try and gain advantage over others. Laws are meant to protect and serve us all not to necessarily control us or confine us. I agree that laws should be enacted on a universal basis but not so much on religious basis.
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I agree. If morality based upon religion is entwined within the law too much, chaos could erupt. Many people do have different religions, especially in the United States. Therefore, some people could think that certain laws do not pertain to them since they do not take part in a certain religion that believes in that way. More and more people would be appealing to higher courts wanting to deam certain laws unconstitutional.
ReplyDeleteTo say that law and religion can be strictly separate might be too absolute of a statement, but I do agree that at least the law should be completely neutral to religion. In fact, even in the US Constitution and government, religion is mentioned with the law, but it is always stressed that no preferences to religion will be allowed. In the First Amendment, there are two clauses that promise as such; there is the "Establishment Clause" which prohibits the government making any legislation to promote or further a religion, and there is also the Freedom of Exercise Clause" which states that he government may never act in a way prohibiting one's belief or practicing thereof, unless of course the practice infringes on others rights. I feel this attitude of neutrality is the best approach, as it keeps law and religion as separate as can be, while allowing those to freely practice what they believe.
ReplyDeleteI agree with the above comment. Law and religion can never be absolutley separated. They are eternally entwined and will forever remain so. The morality that many laws are based off of comes from persons with religious backgrounds. When societies were establishing laws, they were basing many of their decisions off of their religions. While I agree taht it is necessary to show no preference to one certain religion and we can not expect people to follow any law only because relgion states that we should; many laws will forever have a background and basis from religion and that is something that society has long excepted and will continue to do so. The commandment of thou shalt not murder was the basis for the laws against murder, and in no society will this law ever be overturned because religion played a part in enacting it.
ReplyDeleteI agree, law and religion maybe should be separated by I do not think they ever will be. Most religions agree on a few things that law can be made about. Do not kill and do not steal. Although there are probably some religions now that condone these acts in certain circumstances but isn't that were the common good part of traditional natural law comes into it.
ReplyDeleteI have to disagree with the entanglement of law and religion causing chaos, considering both are directly designed and created in order to have just the opposite happen.
ReplyDeleteI do agree with the above post that religion should be separate from law. I personally feel that religion divides us as a whole and if we incorporated laws with our religion I feel our country will be in chaos. As a nation already our laws conflict with the social class that people are in. I also agree that our law needs to stay universal so everyone could follow it. Our law needs to stay away from religion because we will have problems as society and how can you punish someone if their faith told them to commit that crime.
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