Religion as the Factor of Evolution of the Institution of Punishment
Journal Title: Держава та регіони. Серія: Право - Year 2016, Vol 2, Issue
Abstract
The article deals with the interactions and the influence of religion on the institution of punishment in the process of its formation and development. Historical preconditions and the origin of the institution of punishment are represented in this article as well. According to the ethnographic studies first punishments were formed on a religious basis. They were based on such protoreligious beliefs as totems and taboos. Feud, the first principle of punishment, appeared due to the totem differentiations of the primitive men. The first systems of punishment were based on taboos and only tribesmen could apply them. Legislation, religious beliefs and ancient practical traditions of punishment are also analyzed here. Religious fundamentals of Hammurabi Law, The Laws of Manu and ancient Jewish law were studied. Besides, legal and philosophical traditions of punishment in ancient China were analyzed. We investigate the religious origins of the punishment in ancient Greece and the fundamentals of punitive justice in ancient Rome. The article also deals with the history of the medieval institute of punishment in Europe. At that time the punishment was under the influence of Christian Church. It was applied according to the biblical requirements. During this period the punishment became more religious. Different rituals and ordeals were widely used. In the 15th century the Inquisition was in progress in Western Europe. The witch hunt began. The doctrine to struggle heresy and the system of tortures and punishment for heretics were developed. And this process was expired after the age of Enlightenment and Reformation when the punishment became the part of law. It may be concluded that the religion and the institution of punishment have a close historical connection. Religion became the main factor of foundation and development of the punishment institution. Religion and punishment were related during the major part of this historical process. Only in the 18th century there was a tendency of the religion and punishment separation in developed countries. But even today punishment is influenced by religion in many countries.
Authors and Affiliations
Р. В. Тищенко
Keywords
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