Topic: What is Law?

Thread: Discuss the implications, raised by Harold Berman, of the separation of transcendent religious principles from the formation of law. Professor Berman asserts that a legal system divorced from religion loses its ability to do justice and, perhaps, even to survive. In discussing the implications of a legal system divorced from religion, you must include examples from contemporary society to support your position and explain whether Professor Berman’s position is consistent with the Bible. In responding to the question, you might (but are not required to) explore how Professor Berman’s assertion about the connection of religion and law relates to H.L.A. Hart’s question of “What is Law?” or the various theories of “the nature of law” that were discussed in Chapters 1–2 of Professor Bix’s book.

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What is Law?

Professor Berman asserts that in every culture share with religion four key elements, including tradition, ritual, authority, and universality. These elements try to reveal and symbolize man’s effort in reaching out to the truth beyond himself. Therefore, they connect the legal order of any particular society to its beliefs on the | PLACE YOUR ORDER NOW AT writtask.com | four elements provide sanctity to the legal values and, hence, intensify the legal emotions of people, including the sense of rights and duties, aversion to inconsistency in the utilization of rules, claim to an …

The separation of transcendent religious principles from the formation of law has a | PLACE YOUR ORDER NOW AT writtask.com | the concepts of religion and law would ultimately lead to the breaking of the link between the two dimensions that would give birth to a | PLACE YOUR ORDER NOW AT writtask.com | existing institutional processes and structures lose their sanctity, and contrary to these, the sacred values upon which the society was formed are perceived as | PLACE YOUR ORDER NOW AT writtask.com | points out that this nature of demoralization is likely to ignite the widespread demand for radical | PLACE YOUR ORDER NOW AT writtask.com | has exhibited radical movements for many years, which agitates the country and others, including …

Another implication of the divorce of transcendent religious principles from the establishment of western law is the tendency towards disintegration and fragmentation | PLACE YOUR ORDER NOW AT writtask.com | law was being addressed independently rather than addressing the legal system as a holistic body of simple and | PLACE YOUR ORDER NOW AT writtask.com | is an array of separate rules and statues that gives conflicting laws and hence a more compl | PLACE YOUR ORDER NOW AT writtask.com | legal system. Also, the radical separation of religion and law has resulted in an integrity crisis to western men, and t…


[1] Ivan P. L. Png, Law and Innovation: Evidence from State Trade Secrets Laws, SSRN Electronic Journal (2012)

[2] Scott A Merriman, Religion and the law in America (ABC-CLIO) (2007)

[3] Ivan P. L. Png, Law and Innovation: Evidence from State Trade Secrets Laws, SSRN Electronic Journal (2012)

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