Schambeck Herbert
LAW AND RELIGION AS A PROBLEM OF JURIDICAL ONTOLOGY AND ETHICS - DIRITTO E RELIGIONE COME QUESTIONE DI ONTOLOGIA GIURIDICA ED ETICA
(Lezione tenuta al seminario "Diritto e Religione.Tra Passato e Futuro", Roma, 27 novembre 2008)
in Teoria del diritto e dello Stato, 2008, fasc. 1-3 pag. 304 - 329
(Bibliografia: a pié di pagina o nel corpo del testo)
Many people may think that Law and Religion are nothing but synonymous, or even antithetical words. As a matter of fact, if we consider that law is the product of a political community created by men, and Religion aims at giving an answer to the most important questions that has been always afflicting human race (such as the meaning of life) the strong link between law and religion appears clearly evident. From ancient times on, Law has got a social and an individual meaning. As a consequence, the story of law is the story of humanity. Men need law, because positive law can help them in reaching and defending the most important values founded on human nature and human dignity. Human dignity and political community are, indeed, strictly connected: human rights represent the foundation of every human Community, at the same time, they point out the importance of the Person, responsible to the Community. That is why it is very important to analyze the concept of person: this concept has ever been studied by philosophers and theologians and, after the II world war, it has been also used in many Constitutions, such as the German of 1949 or the Italian one of 1947. In this sense, we could say that the connection between humanity and legality requires a specific effort from the State, it is not sufficient to protect human rights, but it is also important offering people all the services they need to reach their rights. The connection between humanity and legality, which admits the presence in the world of different religions, requires an accord on human essence, that is, respecting and tolerating person.[Abstract appeared in the Journal]
In tema di: Cenni sull'origine del diritto e rapporti con la religione. Nascita del diritto e affermazione del concetto di dignità dell'uomo. Origine del moderno stato di diritto. Rapporti tra stato di diritto e religione nelle moderne democrazie: la tolleranza religiosa. Cenni sulla Costituzione tedesca.
Fonti
- Grundgesetz 23 maggio 1949 (Germania) art. 1
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