SYNTHESIS OF LAW AND RELIGION IN THE ACTIVITIES OF THE HOLY SEE IN THE MIDDLE AGES

The article examines the problems of interaction between legal and religious norms in medieval Europe, starting from the 5th century and ending with the 15th century. The relevance of the study is due to the need to find a way out of the crisis in which European law finds itself. It is assumed that one of the most important elements of such a search is the analysis of historical periods when European law was at the beginning of its formation. The purpose of the study is to clarify the role of religion in the formation of European law. The main methods used are historical-legal, comparative-legal method, diachronic comparison method, formal-legal, as well as general scientific methods. It is argued that in European law, starting from the 5th century, there were simultaneously two multidirectional trends in the separation of legal norms from the syncretic mass of general ideas about the world and the merging of Roman law and religion, which together led to a special interaction between religion and law, the accumulating subject of which was the Holy See . It is also pointed out that such an interaction between religion and law not only made it possible to make a qualitative leap in European legal tradition, but was also a necessary condition for the formation of a European international legal order

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Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2024-10-15
DOI
https://doi.org/10.5281/zenodo.13932849
Primary Topic
Evolving Legal Systems and Governance
Type
article
Field-Weighted Citation Impact
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article

SYNTHESIS OF LAW AND RELIGION IN THE ACTIVITIES OF THE HOLY SEE IN THE MIDDLE AGES

Zenodo (CERN European Organization for Nuclear Research)
Evolving Legal Systems and Governance
article

SYNTHESIS OF LAW AND RELIGION IN THE ACTIVITIES OF THE HOLY SEE IN THE MIDDLE AGES

article en

Abstract

The article examines the problems of interaction between legal and religious norms in medieval Europe, starting from the 5th century and ending with the 15th century. The relevance of the study is due to the need to find a way out of the crisis in which European law finds itself. It is assumed that one of the most important elements of such a search is the analysis of historical periods when European law was at the beginning of its formation. The purpose of the study is to clarify the role of religion in the formation of European law. The main methods used are historical-legal, comparative-legal method, diachronic comparison method, formal-legal, as well as general scientific methods. It is argued that in European law, starting from the 5th century, there were simultaneously two multidirectional trends in the separation of legal norms from the syncretic mass of general ideas about the world and the merging of Roman law and religion, which together led to a special interaction between religion and law, the accumulating subject of which was the Holy See . It is also pointed out that such an interaction between religion and law not only made it possible to make a qualitative leap in European legal tradition, but was also a necessary condition for the formation of a European international legal order

Zenodo (CERN European Organization for Nuclear Research)
The All-Russian State University of Justice (RU), Ministry of Justice (JP)
Peace, Justice and strong institutions
Openalex Percentile: Top 35%
Evolving Legal Systems and Governance
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SYNTHESIS OF LAW AND RELIGION IN THE ACTIVITIES OF THE HOLY SEE IN THE MIDDLE AGES · Zenodo (CERN European Organization for Nuclear Research) (2024) | TGRS Research Map | TGRS