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Religions
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Religious Ethics and Law: A Comparative Perspective
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Religious Ethics and Law: A Comparative Perspective

A special issue of Religions (ISSN 2077-1444).

Deadline for manuscript submissions: 15 July 2024 | Viewed by 2970

Special Issue Editor

Dr. János Jany

E-Mail Website
Guest Editor
Faculty of Humanities and Social Sciences, Pázmány Péter Catholic University, 1088 Budapest, Hungary
Interests: Middle East, particularly Iran; legal, religious and social history; legal cultures of the Middle East and Central Asia; comparative analysis

Special Issue Information

Dear Colleagues,

Specifying the relationship between legal and ethical normative order has long been a topic of controversy in Western civilization, dating all the way back to Sophocles’ Antigone arguing for the superiority of religious ethics over mundane law making, and to the Romans, for whom ius, fas and mos constituted three separate though interrelated concepts, the harmony of which guaranteed normative order.

In non-western civilizations, particularly in those in which the superiority of religious law is beyond any shadow of doubt, such a debate is meaningless, yet they, too, struggle to harmonize religious morals with legal rules and all the political and economic interests that are encapsulated in laws and their interpretations.

There is no field of law in which moral considerations would be irrelevant. It is, perhaps, criminal law that takes the lead since criminal offences are moral sins at the same time, but neither private law matters (fulfillment of obligation as a moral and contractual duty, the problem of interest) nor public law agendas (the issue of euthanasia, the environment, etc.) lag behind.

We welcome contributions which scrutinize legal problems from the point of view of religious ethics, seen in an analytic or comparative perspective. Problem-oriented articles are most welcome concentrating on a moral problem irrespective of religions and the historical period when the issue was raised. With this, we hope to provide a forum for both students of religious history and scholars of contemporary religions.

Dr. János Jany
Guest Editor

Manuscript Submission Information

Manuscripts should be submitted online at www.mdpi.com by registering and logging in to this website. Once you are registered, click here to go to the submission form. Manuscripts can be submitted until the deadline. All submissions that pass pre-check are peer-reviewed. Accepted papers will be published continuously in the journal (as soon as accepted) and will be listed together on the special issue website. Research articles, review articles as well as short communications are invited. For planned papers, a title and short abstract (about 100 words) can be sent to the Editorial Office for announcement on this website.

Submitted manuscripts should not have been published previously, nor be under consideration for publication elsewhere (except conference proceedings papers). All manuscripts are thoroughly refereed through a double-blind peer-review process. A guide for authors and other relevant information for submission of manuscripts is available on the Instructions for Authors page. Religions is an international peer-reviewed open access monthly journal published by MDPI.

Please visit the Instructions for Authors page before submitting a manuscript. The Article Processing Charge (APC) for publication in this open access journal is 1800 CHF (Swiss Francs). Submitted papers should be well formatted and use good English. Authors may use MDPI's English editing service prior to publication or during author revisions.

Published Papers (3 papers)

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Research

15 pages, 283 KiB  
Article
Limited from the Outside: Francisco Suárez and the External Limits of Political Power
by Leonor Durão Barroso
Religions 2024, 15(3), 259; https://doi.org/10.3390/rel15030259 - 21 Feb 2024
Viewed by 701
Abstract
Francisco Suárez has been interpreted both as a champion of absolute power and as an advocate of popular sovereignty. Although not taking a position in this debate, this paper seeks to understand whether Suárez’s political thought provides theoretical ground to advance the notion [...] Read more.
Francisco Suárez has been interpreted both as a champion of absolute power and as an advocate of popular sovereignty. Although not taking a position in this debate, this paper seeks to understand whether Suárez’s political thought provides theoretical ground to advance the notion of limited government. It focuses specifically on the question of whether there are, in Suárez’s work, external limits to the power of rulers at home. The answer is considered by regarding two elements, which we argue contribute to such a limitation. First, the paper considers how the ius gentium hinders the possibility of an all-powerful government at home; then, it focuses on how the hierarchical ordering of the spiritual and temporal spheres limit the scope of the ruler of the latter. It is argued that both elements provide some ground for limiting the extent of power by rulers in their communities. Full article
(This article belongs to the Special Issue Religious Ethics and Law: A Comparative Perspective)
17 pages, 259 KiB  
Article
Law of Contracts in Late Antique Persia
by Janos Jany
Religions 2024, 15(3), 252; https://doi.org/10.3390/rel15030252 - 20 Feb 2024
Viewed by 1034
Abstract
The article is about private law contracts and their social, economic, and religious background in Sasanian Persia (224–651) before the advent of Islam. After a brief introduction to the sources and research method, the paper examines Zoroastrian moral teachings about obligations in general [...] Read more.
The article is about private law contracts and their social, economic, and religious background in Sasanian Persia (224–651) before the advent of Islam. After a brief introduction to the sources and research method, the paper examines Zoroastrian moral teachings about obligations in general and contractual obligations in particular. To emphasise the religious background, the Avestan hymn to Mithra and the Vendidad are scrutinised which have a classification of contracts and a pyramid of sanctions for their breach. The second part of the article analyses private law contracts, which can be found in the Sasanian Law Book called Madigan I Hazar Dadestan, such as sale, barter, donation, lease, and loan, together with legal guarantees such as surety and pledge. In addition to legal dogmatics, attention is also paid to gaps in the law and the opportunities they provide for parties to achieve unlawful ends with legal means, as well as the prudence of Sasanian lawyers and how they stopped such abuses of the law. Full article
(This article belongs to the Special Issue Religious Ethics and Law: A Comparative Perspective)
10 pages, 211 KiB  
Article
Thinking about the Law with Edmund Burke
by Ivone Moreira
Religions 2024, 15(1), 53; https://doi.org/10.3390/rel15010053 - 30 Dec 2023
Viewed by 787
Abstract
Burke intervened in a very significant way at various moments in the political history of the England of his time. Although being considered by some commentators to be a utilitarian, in fact, it is Burke’s fidelity to the principles of natural law that [...] Read more.
Burke intervened in a very significant way at various moments in the political history of the England of his time. Although being considered by some commentators to be a utilitarian, in fact, it is Burke’s fidelity to the principles of natural law that makes all his political interventions coherent. The aim of this paper is to analyze the subordination of positive law to natural law and original justice in Burke’s thought, and we will achieve that by perusing his works through different periods of his career. In order to better understand his position, we will call to the conversation John Locke, from whom he departs, and Francisco de Vitoria, with whom he shares the notion of a society-dependent human nature. From the prophetic views of Burke and Tocqueville about the future, and as a kind of conclusion, we will question if the reference to natural law makes sense in present times. Full article
(This article belongs to the Special Issue Religious Ethics and Law: A Comparative Perspective)
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