Divine law

As a divine right (Latin: divine law ) legal norms are referred to, which are attributable to the dominant religion a legal right to subsidence of God or a divine entity of view ( about the Ten Commandments ) and are therefore considered immutable. Divine Right is part of the above positive law ( natural law ) and has long been equated with this.

Philosophy of Law

Ideas on a positive standard-setting has been around in Ancient Greece. Even then, particularly basic or supporting the state laws were defended with reference to its religious nature or divine origin. In the Christian influenced societies of medieval Europe was no difference in principle done because the validity claim of Christianity was not as the religious basis of the community in question between natural law and divine law. However, the question of a theoretical justification of legal norms in the medieval world of ideas already played no major role, since the setting of law was basically conceived as a personal act of grace of an authority (God or the prince ), which did not require a justification. Only in the modern debate about the legitimacy of the law and the derivation of existing laws played the recourse to natural and divine right again an important role. In the wake of the Enlightenment and secularization pure Ius Divinum arguments appeared increasingly questionable and they started to solve the natural law of the religious- theological basis.

Is set against the natural law, and thus the divine law positive law, ie the set merely of human rights, which includes all those laws which are adopted in accordance with considerations of expediency with regard to the changing needs of society and amended from time to time can.

The areas, however, were never entirely clear demarcation between. When it came to justify traditional legal norms, even competing legal justifications were not quite possible in the legal-philosophical debate. As a genuine scope divine right was until the recent past, especially in the marriage and family law considered (eg impediments to marriage ). Today, the conviction of the fundamental mutability of law prevails and religious norm justifications are omitted in secular legal systems generally. The question of whether and to what extent should be dispensed with entirely a reference to God or the law may be, but answered differently today and was recently in the debate on the European Constitution a controversial topic. According to the prevailing opinion of the appeal to God in the preamble of the German Basic Law, however, is not about to be construed as a theological constitutional component, but basically as an appeal to natural law.

Judaism

The Halacha is the legal part of the tradition of Judaism. It aims to rules of conduct that apply to the entire life of believers. The Halacha is in the Mishnah, the core of the Talmud, put down, the origin of which the Jewish tradition to the Moshe at Sinai returns revealed word of God.

Christianity

Canon Law

Since the 11th century, a distinction not only between " secular " ( state ) and " spiritual " ( ecclesiastical ) law, but also within the spiritual law between changeable and unchangeable law sets.

So also distinguishes the Canon Law of the Roman Catholic Church continues to strictly between divine law, the divine law ( cf. c. 22, 24 § 1, 98 § 1 CIC), and jus mere ecclesiasticum, ie the purely ecclesiastical ( man-made ) law. As a divine law, the law is considered that (in the doctrinal interpretation ) can be attributed directly to the will of God. It is considered to be given, the parent over time and the rest of ecclesiastical law. Divine Right can therefore not be changed or canceled by the ecclesiastical legislator. Also, a dispensation is only from the purely ecclesiastical law possible.

The divine law is further subdivided (see, for example, c. 199 CIC) in positive divine right ( divine law positivum ), is to be taken immediately to the revelation of the Bible, and natural divine right ( divine law naturale ), the can be derived from the Hinordnungen ( inclinationes ) of human nature and the natural law comparable.

As immutable, the will of the legislature extracted human rights facts are, among others:

• The papal primacy
• Distinguishing the believers in clergy and laity ( c. 207 § 1 CIC)
• The right of the faithful to receive the sacraments ( c. 213 CIC)
• The equality of dignity of all believers ( c. 208 CIC)
• The indissolubility of marriage ( c. 1141 CIC)
• The obligation of penance ( c. 1249 CIC)

The Protestant church law knows no divine law. Following Erik Wolf but has the concept of so-called " biblical teachings " developed. This is understood from the Bible to be derived basic principles that a "non- legal rules [ are ], but cross -setting and aligning instructions. " To this end, Wolf expects inter alia, the "brotherhood" of the faithful, the diaconal mission of the church to baptize as a missionary order and the Community measure the Last Supper.

Islam

The Shari'a is the religiously legitimized legal system of Islam.