Professional Documents
Culture Documents
Foundation of Law
Foundation of Law
Rough Draft
Subject: - Foundation of Law
Project on: - Influence of Religion on Law
SUBMITTED BY:
Srijita Kundan
Roll No. 133
Semester 1st (Section-B)
B.A. LL.B (Hons.)
I.
Objective of study
This topic is about the extent of influence that religion has on law. The objective of my study
is to see that despite secularism being adopted by a lot of countries in the world, how much of
their laws are actually based on religion and also how laws of various countries deal with
religion and religion related crimes in the present scenario.
II.
Sources of data
Primary Sources Constitution of India
Secondary Sources Books, Journals and Web sources
III.
Methodology
The methodology used in this project is descriptive and analytic, using various articles,
books, journals and web sources to find out and compare the various materials and
compile a study on the topic.
IV.
Hypothesis
My hypothesis is that there has been a lot of influence of religion has been there in law
since its inception especially in and near India. India especially, has a lot of religion
specific laws for example the separate laws governing the Hindus and the Muslims. In
Europe, in the medieval ages, there has been a lot of influence of the Church on the way
people should live and the laws prevalent at that time, in this period Saint Augustine, gave
the concept that the goal of human life was to enter the city of God and it was also
believed that man is fallen and devoid of reason and should look up to the chosen one of
God for guidance.
Hence I believe that religion has played a crucial role in how the laws are shaped today.
V.
Research questions
1. What is religion?
2. What is the extent of religion as a source of law?
3. How did and how does religion influence law?
4. What is the extent of influence of religion on law?
VI.
Tentative Chapterisation
Introduction
Religion is a set of cultural systems and beliefs that related to spirituality and moral value in
man and concerning the cause, nature and purpose of the universe involving devotional and
ritual observances. Most religions tend to have traditions, symbols, narrative and sacred
histories that are intended to give meaning to life and/or explain the origin of life and
universe. They often contain a moral code for governing human affairs from their ideas about
human nature and the universe. According to some estimates there are roughly 4200 religions
in the world.
In primitive communities religion, morals and law were indistinguishably mixed together for
example in the Ten Commandments of Christianity, the Eight Commandment is a legal duty,
Thou shalt not steal, other Commandments also speak of how a person should live his or
her life. The distinction between law and morality, law and religion came in the very later
stages of evolution of modern thought.
its moral principles were meant directly for the elevation of the individual, still they could not
fail to exercise a powerful influence on such a public institution as law.
It can be seen that due to the popularity of these and other religions, the law which but also a
moral code of conduct, has been influenced by religion as the original fear of a supernatural
force imposing punishment of a wrong done is the principle instrument in seeking uniformity
of conduct.
Conclusion
VII. Bibliography
1. The Influence of Religion on Law by the Rt. Hon. Lord Denning
5. http://www.newsbatch.com/religion.html
6. http://www.newadvent.org/cathen/09066a.html
7. http://www.fas.org/sgp/crs/misc/R41824.pdf