Theological Aspect of Comparative Law

The article proceeds from the recognition of the special significance (theoretical and practical) of the relevant aspects of the theological approach in comparative law. At the same time, it is emphasized that these aspects can be seen in substance only from the standpoint of certain concepts of a particular doctrine in relation to a particular legal system or even in relation to the legal system of a particular country, a particular state. The author initially makes a reservation regarding the adoption of one or another interpretation of theology. It is important for him that there is no identification of theology with religion. Despite the interconnection of theology with religious worldview, they are not identical. Theology does not imply any ritual part, excludes dogmatic disputes about the procedures of individual or collective implementation of the divine will. Theology is a set (system) of historically established (developed) conceptual positions of people’s lives, which are based on faith in God. Faith, as is known, is opposed to science. Therefore, theology, in principle, should be considered outside of science. At the same time, theology is comparable to science in its formal parameters and, moreover, is often called a science, and is recognized as a scientific specialty.According to Thomas Aquinas, theology, which is a part of philosophical science, should be distinguished from a qualitatively different theology based on sacred teaching (scripture), which is “inspired by God and is useful for teaching, for reproof, for correction, for instruction in righteousness”. We can talk about religious inspiration at the everyday level of life. It would be quite appropriate to understand theology from the opposite: everything that has not received a scientific explanation, that is not recognized as a scientific truth, is the essence of theology (i.e. everything that is based on faith, not necessarily even on faith in God, in the divine). Theology has a serious impact on legal regulation in two directions: firstly, by being woven into the fabric of the law itself and, secondly, by remaining outside the law, as an external factor. There is a need to conduct a substantive analysis of what may be hidden behind the categories of theology in law, theology of law, theology of jurisprudence.