Article title On the Religious Tradition in Law
Name of magazine Scientific journal «Philosophy of Law and General Theory of Law» (Ukrainian language)
Issue 1/2013
Сторінки [234-247]

Theoretical description of religious tradition in law is presented. The author identifies a number of essentially-functional and substantive features of the religious tradition. The first group of features is common to all religious legal traditions, while the second group reflects particularities of a separate tradition. The author specifies such essentially-functional features of the religious tradition in law that reflect its nature as: the moment of the religious tradition nascence, specific sources of the tradition development, the scope of the tradition spreading, the expansive nature of the tradition and ways of its expansion.

Then each of the features is described. It is proved that the religious tradition in law arises when religion determines or significantly influences on formation and functioning of legal system in society. Substantive and formal sources of the tradition development are specified. Importance of religious practice as a source of the tradition is emphasized. It is argued that the scope of the religious tradition in law heavily depends on specifics of social relations, which are the subject of legal regulation. Therefore three types («circles») of public relations are highlighted. This classification is grounded on the ways and forms of religious influence on these public relations. The basic factors and ways of internal and external dissemination of the religious tradition in law are shown.

Keywords law, religion, legal system, legal tradition, sources of tradition, expansion.