Abstract
Professor Harold Berman has described the relationship between law and religion as an interaction, stating: “The principal affirmation is that law and religion are two different but interrelated aspects of social experience—in all societies, but especially in Western society, and still more especially in American society today. Despite the tensions between them, one cannot flourish without the other.” Berman illustrates his thesis largely by demonstrating that much of Western legal thought and many institutions find their source and origin in medieval European Christian civilization. In another essay I have suggested that biblical religion has influenced many of the legal concepts and human values protected in the American constitution. In this essay I wish to suggest that the secular phenomena of ancient Near Eastern law played a significant role in the shaping of biblical religion. This is done principally by a review of the literature on the central biblical category of covenant. I also wish to suggest that American constitutional law continues to influence religious concepts and institutions today.
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