摩西十诫与法

2014-2015学年第一学期

The Story of Bible

课程论文

Title：The Relationship Between Law And Religion ___________

----In The Angle Of The Ten Commandments_

院系班级：13级法学（1）班

学号：2013502021

姓名：席缘

任课教师：_____袁丽英_____

2014年12月14日

The Relationship Between Law And Religion

----In The Angle Of The Ten Commandments

Abstract

In modern society, we have a common point of view that we have three major rules on our behavior, they are morality, religion and law.[1] We can tell the differences among these concepts easily, but when it comes to a specific item of these rules, we can’t, because these rules share a long and interlaced history. Therefore, some rules are included in not only one of them, and some rules are incorporated separately. The Ten Commandments in the Bible is a part of Pentateuxos. Pentateuxos is regarded as the second written codex in human history, but Bible is a religious classic book. So, it will be interesting to discuss the relationship between law and religion in the angle of the Ten Commandments.

在现代社会，我们普遍认为约束人们的行为规范有三种，分别是道德、宗教和法律。对于这三个概念，我们很容易区分，但是碰到具体的某条规范的时候，我们却难以辨别。原因是这些种规范都有着悠久的且相互交织的历史，这使得它们有着一些共同的规范，有一些则是独有的。摩西十诫是《圣经》中《摩西五经》的一部分，《摩西五经》被认为是人类历史上第二部成文法典，但是《圣经》又是一部宗教经典。所以，从摩西十诫的角度来讨论道德，宗教和法律的关系是很有意思的。

1.The History Of The Ten Commandments

According to the Old Testament of Bible, the history book of Jew, about 3800 years ago, the ancestor of Jew, Hebrews, were roaming in the desert of mid-east. Because of their faith to Jehovah, the God bestowed Canaan (in today’s Palestine) to them as the Promised Land, their everlasting home. But a serious drought made them fled to Egypt and became slaves. 400 years later, with the leading of Moses and the help of Jehovah, they escaped from Egypt. On the way back to the Promised Land, under Mount Sinai, Moses and his people prayed for a way from the God. An invisible hand carved The Ten Commandments in the cliff of the mount as the covenants between god and human. Moses took them back and all the Hebrews should obey the Ten Commandments. Below are the contents of the ten commandments:

(1) Having only one god;

(2) Avoiding the use of God’s name in vain;

(3)Keeping holy the Sabbath;

(4) Honoring one’s parents;

(5) Avoiding murder;

(6) Avoiding adultery;

(7) Avoiding theft;

(8) Avoiding lust;

(9) Avoiding lies;

(10) Avoiding coveting of another’s property.[2]

2.The Ten Commandments and law

In the text of the Ten Commandments, we can see that murder, rape, theft and perjury, which are regulated in modern criminal law, are mentioned in the last 5 terms. But in fact, the influence of the Ten Commandments is not only just its short text. Its spirit influenced the western legality in the below 3 aspects:

(1). First, the Ten Commandments reflects a covenant thought that is Equality. Fichte thinks that contract can be divided into two categories, one is property contract, another is protection contract, what Moses got is the later one.[3] Imagine the whole Ten Commandments as a contract, this contract requests Hebrews keep their faith to Jehovah and Jehovah would protect them. Therefore everyone should obey this contract, no matter God or human, each side is equal. If man violate the contract, disaster will come, and if the God violates, his people will betray him.

(2). Second, the influence on western judicial procedure. Term 9 forbids lying, so, in the future courts, witnesses and lawyers should raise his hand and promise that what he said is true, and this procedure is inevitable.

(3). Third, definite personal right and duty.Thou shalt not bow down thyself to them, nor serve them: for I the LORD thy God am a jealous God, visiting the iniquity of the fathers upon the children unto the third and fourth generation of them that hate me[4].But in fact, the specific punishment is their own mind, this made people keep their faith to obey the laws. Definitely, this would be a great influence on western history of law.

3.Conclusion

Law and religion, are two aspects of human experiences, or humanity. Human have to face the unknown future all the time, in this way, he have to believe the verity beyond himself, if not the society will decline and fade out, and never come back. Meanwhile, human faces social conflicts everywhere and everytime, in this way, he need legality, if not, the social will unravel and breakup.[5]Berman have told us his point about religion and law, religion is a beyond-value and law is an objective-value. The Ten Commandments have the both features of these two values. Therefore, the Ten Commandments is not only their religious belief, but also their law.[6]

So we can draw a conclusion that religion has great juridical features, but law and religion are opposite in many aspects. Usually, law is based on morality, and morality is based on religion. Their oppositions keep them individual from each other and develop individually, and the conflicts between them accelerate their development.

The contents of the Ten Commandments made a great influence on the history of law, such as the free principle of contract on civil laws, and some crime regulated on criminal laws, they are all stay alive today.

Bibliography

[1]. [美] E.博登海默，法理学：法律哲学与法律方法[M].北京：中国政法大学出版社，2004

[2] [4] 中国基督教协会，圣经·出埃及记[M]．南京：南京爱德印刷有限公司，1995

[3]. [德]费希特．自然法权基础[M]．北京：商务印书馆，2004．

[5]. [美]伯尔曼著，梁治平译．法律与宗教[M]．香港：三联书店出版社，1991

[6]. 余宸歆，从“摩西十诫”看法律和宗教的关系[J]，2008年04期