The influence of religion on the norms of criminal law and process: an international-comparative study

Lesia Strelbitska,Andriy Pavlyshyn,Vitalii Gatseliuk,Oleh Herasymchuk,Valeriia Khrystiuk

doi:10.34069/ai/2021.42.06.21

Abstract

Criminal law and process play a significant role in regulating public relations. It is expedient to study it in terms of the influence of religion in different legal systems, as religious norms are the broader regulators of public life. The study of the religious aspect of the formation and functioning of criminal law and criminal procedure relations in different countries is an open question that needs further consideration, as well as prospects for the development of legal institutions based on religious influence. The purpose of the research is to analyze and reflect the impact of religion on the rules of criminal law and process in a comparative international context. The subject of the research is religion and criminal law and process as interdependent phenomena, international comparative study of the influence of religion on the formation of criminal law and process. As a result of the study the mutual influence of law and religion was revealed, the influence of religion on the norms of criminal law and process in different countries was analyzed, it was determined that the religious legal system is most permeated by religious norms in comparison with the legal systems of European countries.

Highlights

In the study of the genesis of legal norms and systems, religious norms occupy an important place as the primary source of ordering public life throughout the millennial history of society.At the stage of the emergence of regulators of public relations, the first were religious norms.As a historically primitive social regulator, religion, by its authority, enshrines certain scales of permissible or undesirable behavior for society, giving them the character of proper
The methodological basis of the study is a set of techniques that allowed to comprehensively study the problematic aspects of the research topic, in particular, the role of historical stages for the formation of law and religion, their interaction, religious aspect in the functioning of legal systems
The method of observation, which consists in allowing the researcher not to resort to continuous research, to obtain generalized data that can legitimately reflect the characteristics of the whole set of objects or phenomena, helped to analyze the features of legal systems and the role of religious norms;

Summary

Introduction

As a historically primitive social regulator, religion, by its authority, enshrines certain scales of permissible or undesirable behavior for society, giving them the character of proper. At this point, drew the attention of Sh.-. Religious norms are formed on the basis of religious ideas They are obligatory for subjects who profess a particular religion and have an indirect influence on the behavior of subjects of other religious denominations; the sources of religious norms are sacred texts (for example, the Bible, the Koran, the Torah and others); may be the result of regulatory activities of religious organizations; aimed at regulating the internal and external religious activities of the subjects of religious relations; axiomatic and axiological; form a sacred tradition; are stable

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Conclusion