Divine law is any body of
law that is perceived as deriving from a
transcendent source, such as the
will of God
The will of God or divine will is a concept found in the Hebrew Bible and the New Testament and the Quran, according to which God's will is the first cause of everything that exists.
See also
* Destiny
* '' Deus vult'', a Latin expression meaning ...
or
gods
A deity or god is a supernatural being who is considered divine or sacred. The ''Oxford Dictionary of English'' defines deity as a god or goddess, or anything revered as divine. C. Scott Littleton defines a deity as "a being with powers gre ...
in contrast to
man-made law or to
secular law
Law is a set of rules that are created and are law enforcement, enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. ...
. According to
Angelos Chaniotis
Angelos Chaniotis ( el, Άγγελος Χανιώτης; born November 8, 1959) is a Greek historian and Classics scholar, known for original and wide-ranging research in the cultural, religious, legal and economic history of the Hellenistic pe ...
and
Rudolph F. Peters, divine laws are typically perceived as superior to man-made laws, sometimes due to an assumption that their source has resources beyond human knowledge and human reason. Believers in divine laws might accord them greater
authority
In the fields of sociology and political science, authority is the legitimate power of a person or group over other people. In a civil state, ''authority'' is practiced in ways such a judicial branch or an executive branch of government.''The N ...
than other laws, for example by assuming that divine law cannot be changed by human authorities.
According to Chaniotis, Divine laws are noted for their apparent inflexibility. The introduction of interpretation into divine law is a controversial issue, since believers place high significance on adhering to the law precisely. Opponents to the application of divine law typically deny that it is purely divine and point out human influences in the law. These opponents characterize such laws as belonging to a particular cultural
tradition
A tradition is a belief or behavior (folk custom) passed down within a group or society with symbolic meaning or special significance with origins in the past. A component of cultural expressions and folklore, common examples include holidays o ...
. Conversely, adherents of divine law are sometimes reluctant to adapt inflexible divine laws to
cultural contexts.
Medieval Christianity assumed the existence of three kinds of laws: divine law,
natural law
Natural law ( la, ius naturale, ''lex naturalis'') is a system of law based on a close observation of human nature, and based on values intrinsic to human nature that can be deduced and applied independently of positive law (the express enacte ...
, and man-made law.
Theologians
Theology is the systematic study of the nature of the divine and, more broadly, of religious belief. It is taught as an academic discipline, typically in universities and seminaries. It occupies itself with the unique content of analyzing the ...
have substantially debated the scope of natural law, with the
Enlightenment encouraging greater use of
reason
Reason is the capacity of consciously applying logic by drawing conclusions from new or existing information, with the aim of seeking the truth. It is closely associated with such characteristically human activities as philosophy, science, lang ...
and expanding the scope of natural law and marginalizing divine law in a process of
secularization
In sociology, secularization (or secularisation) is the transformation of a society from close identification with religious values and institutions toward non-religious values and secular institutions. The ''secularization thesis'' expresses the ...
.
Since the authority of divine law is rooted in its source, the origins and transmission-history of divine law are important.
Conflicts frequently arise between
secular
Secularity, also the secular or secularness (from Latin ''saeculum'', "worldly" or "of a generation"), is the state of being unrelated or neutral in regards to religion. Anything that does not have an explicit reference to religion, either negativ ...
understandings of
justice
Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspective ...
or
morality
Morality () is the differentiation of intentions, decisions and actions between those that are distinguished as proper (right) and those that are improper (wrong). Morality can be a body of standards or principles derived from a code of con ...
and divine law.
Religious law
Religious law includes ethical and moral codes taught by religious traditions. Different religious systems hold sacred law in a greater or lesser degree of importance to their belief systems, with some being explicitly antinomian whereas other ...
, such as
canon law
Canon law (from grc, κανών, , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. It is t ...
, includes both divine law and additional interpretations, logical extensions, and traditions.
See also
*
Biblical law in Christianity Biblical law refers to the legal aspects of the Bible, the holy scriptures of Judaism and Christianity.
Judaism
* Law of Moses
* Mitzvah, divine commandment
** The Ten Commandments
** 613 commandments
* Seven Laws of Noah, laws applicable to all o ...
*
Dharma
Dharma (; sa, धर्म, dharma, ; pi, dhamma, italic=yes) is a key concept with multiple meanings in Indian religions, such as Hinduism, Buddhism, Jainism, Sikhism and others. Although there is no direct single-word translation for ...
*
Halakha
''Halakha'' (; he, הֲלָכָה, ), also transliterated as ''halacha'', ''halakhah'', and ''halocho'' ( ), is the collective body of Jewish religious laws which is derived from the written and Oral Torah. Halakha is based on biblical comman ...
*
*
Law and religion
*
Mitzvah
In its primary meaning, the Hebrew word (; he, מִצְוָה, ''mīṣvā'' , plural ''mīṣvōt'' ; "commandment") refers to a commandment commanded by God to be performed as a religious duty. Jewish law () in large part consists of discus ...
*
Morality and religion
*
Regulative principle of worship
The regulative principle of worship is a Christian doctrine, held by some Calvinists and Anabaptists, that God commands churches to conduct public services of worship using certain distinct elements affirmatively found in scripture, and conversely ...
, debate over the scope of divine law in 17th-century English Christian practices
*
Rule according to higher law
*
Sharia
Sharia (; ar, شريعة, sharīʿa ) is a body of religious law that forms a part of the Islamic tradition. It is derived from the religious precepts of Islam and is based on the sacred scriptures of Islam, particularly the Quran and the ...
, Islamic law
*
Ten Commandments
The Ten Commandments (Biblical Hebrew עשרת הדברים \ עֲשֶׂרֶת הַדְּבָרִים, ''aséret ha-dvarím'', lit. The Decalogue, The Ten Words, cf. Mishnaic Hebrew עשרת הדיברות \ עֲשֶׂרֶת הַדִּבְ ...
*
Theocracy
Theocracy is a form of government in which one or more deities are recognized as supreme ruling authorities, giving divine guidance to human intermediaries who manage the government's daily affairs.
Etymology
The word theocracy originates fro ...
Notes
Citations
References
*
*
*
*
*
Further reading
* Canosa, J. (2009). The Efficacy of the Divine Law in the Administrative Justice in the Church. Ius Canonicum, 49, 549. https://heinonline.org/HOL/P?h=hein.journals/iuscan49&i=555
*
* McCall, B. M. (2011). Consulting the Architect When Problems Arise-The Divine Law. Geo. JL & Pub. Pol'y, 9, 103.
* Rubin, A. P. (1992). International Law in the age of Columbus. Netherlands International Law Review, 39(1), 5-35.
* Rumble, W. E. (1979). Divine Law, Utilitarian Ethics, and Positivist Jurisprudence: A Study of the Legal Philosophy of John Austin. Am. J. Juris., 24, 139.
External links
Catholic Encyclopedia: Moral Aspect of Divine Law
{{Authority control
Christian terminology
Philosophy of law
Religious ethics
Religious law
Theories of law