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On The Religious Culture Of The Hebrew Law

Posted on:2012-11-15Degree:MasterType:Thesis
Country:ChinaCandidate:X E ZhengFull Text:PDF
GTID:2216330338473626Subject:Law
Abstract/Summary:PDF Full Text Request
Both law and religion belong to the superstructure of society and have played an important role in regulating the behavior of people. The dialectical relationship between them has become a research topic of interest for many scholars, who pay much attention to the Hebrew law in which law and religion are closely integrated. The Hebrew law was the ancient Hebrew state laws in general during the 11th century BC, which was named for the language used by Jews in Hebrew.Through its plain law culture and religious ethics, the Hebrew law has influenced the history of mankind in the ideological field since ancient times, especially from the east to the west. The Hebrew Law, with the Jewish religion, history, and culture closely integrated, was the ancient master of the East in the legal culture. The main origin of Hebrew law was "Law of Moses", also known as "the Pentateuch", in the first "Old Testament" of the Bible and it consisted of "Genesis", "Exodus," "Leviticus," "Numbers" and "Deuteronomy", which had the nature of a code.From the 9th century BC to the 6th century BC, the first part of the Bible "Torah", that's the "Pentateuch", was fully compiled, including the Hebrew custom, religious precepts and the Royal Decree and so on. Since then, Jews have had a uniform legal basis. In 538 BC, the New Babylon destroyed the Persian Empire and the Jews were allowed to return home and rebuild Jerusalem under the control of Persia. After nearly 200 years, although the Jewish Zionist successively became a dependent country of Persia, Greece and Rome, it retained the relative autonomy. The "Pentateuch" was still strictly abided by the Hebrews and the test cases of the trade unions at all levels of Jewish became a source of law.As a legal system, the Hebrew law is greatly influential in the old eastern law. Although the existence of the Hebrew national independence was not long and its content and technology of legislation were not developed soundly, for the development of the Hebrew law was interrupted early, the law culture of the Hebrew was inherited and absorbed by the Christian and became one part of its classic Bible. Thus, it was not only left intact, but through a special form of dissemination of religious norms it has affected the Christian countries around the world. In addition, through the influence of Judaism on Islam, the Hebrew law made an impact on the Arab law. The achievements which the Hebrew law made during the process of law and order made it become a wonderful part in the cultural heritage of human law.Being the origin of the Western civilization and the common law of Britain and America, the Hebrew law contains high research value. Law belongs to the superstructure of society and is inevitably subject to three major social factors, that's, economic systems, political systems and cultural regimes. The Hebrew nation is the birthplace of Judaism and Christianity and has a rich cultural heritage like the ancient Chinese nation. The Hebrew nation preserved complete law system, the formation of which was closely linked with the Hebrew national culture system or the Hebrew national religion. Through the research on the dialectical relationship between religion and law, this thesis reveals the norm of religion and cultures itself (mainly referring to Judaism and Christianity), such as the "Torah" in the Old Testament of Bible and "Ten Commandments", their impact on the Hebrew national consciousness of the law, and from these criteria which reflect the spirit of the law to some extent seeks the formation and cultivation of the legal Consciousness of citizens. This thesis is divided into four parts.The first part is an introduction, which gives a brief introduction of writing background of this article, research status at home and abroad, research method, innovations and deficiencies.The second part made a overview at the concept of religion and religious culture. After explaining the concept of religion and religious culture, it leads to the dialectical relationship among law, religion and religious culture. In this part, through the links and differences between the religious culture and the law, the writer discusses the dialectical relationship between the religious culture and the law.The third part discusses those influences of the Jewish and Christian religious culture on the Hebrew national legal thought and its legal system, through the research on the specific legal system,that's, the Hebrew law. The basic legal system of the Hebrew law can be divided into public and private law. Unlike the ancient Chinese law, in which the whole law system was combined and based on the criminal law, the Hebrew law is more inclined to the improvement of private law and one of the basic features of the Hebrew Law is that nearly all of its basic legal system can be found in the source of legislation from the "Bible". The legal system of the Hebrew nation is thus influenced greatly by its religion and contributes to find the origin of the law through the research on those norms in the Hebrew Law which reflect the spirit of law to some extent.The fourth part is the focus of this thesis. Under the social background of the Jewish people, the writer will discuss the three social factors, that is, economic factors, political and legal institutional factors, and cultural factors, and their effects on the law awareness of citizens. And through a comparative study between legislation thought and the legal system of the ancient Hebrew law and the Chinese ancient law, this thesis reveals the formation and cultivation of law consciousness of citizens and from the view of the present situation of our country, talks about how to foster and enhance the legal awareness of Chinese citizens effectively.
Keywords/Search Tags:Religious Culture, The Hebrew Law, The Legal Awareness
PDF Full Text Request
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