This paper deals with the challenges and dynamics of globalization and multiculturalism on societal subsystems, specifically focusing on religion, morality, and law. It examines how technological advancements and international trade have interconnected global societies, fostering cultural diversity while also posing integration challenges. The paper highlights the interplay between globalization and multiculturalism, noting the impact of liberal values and the decline of Christianity's dominance in Europe. With the rise of Islam and other Eastern religions, Europe faces new social and political challenges, requiring a reevaluation of the relationship between law, morality, and religion. Furthermore, it argues that a multicultural society needs robust legal, moral, and religious frameworks to maintain cohesion and effectively integrate diverse cultures. It concludes that despite secularization, religion continues to influence moral values and social norms, necessitating ongoing interdisciplinary research and dialogue to address the evolving landscape of post-Christian Europe.
Abstract
1. CURRENT TRENDS
2. LAW, MORALITY, RELIGION: CONNECTIONS AND DIFFERENCES
2.1 RELIGION
2.2 MORAL
2.3 LAW
SUMMARY
Bibliography
Abstract
Faith has undergone one of humans’ particular simplifications: it has become institutionalized. Earlier, religion used to be one of the main pillars that maintained the functions of society meaning that the initiated secularization trends and through the secularization of politics, the moral and ethical rules of the private sphere have developed into a new legitimating force. The European legal order has still not forgotten its traditional source, however, increasingly relied on discourses based on social consensus. Moreover, in many cases, the interpretation of morality and values could be linked to the democratic state institutional system, which stands as the theoretical framework of social cooperation. However, although the aims of the "monist" and "pluralist" concepts of democracy are similar, the aim of the former is to maintain the moral integrity of the society as a whole, whereas the aim of the latter one is the uncompromising maintenance of individual freedoms (such as legal equality, freedom of religion and speech, etc.). The concept of "democratic state" is characterized by being somehow “overburdened”[1]. This study points at the unique areas of the application of special knowledge, the importance of interdisciplinary research of knowledge patterns in an environment where morality, norms, religion and the legal order are seeking a new basis for legitimacy. It is because Europe, under the pressure from secularization trends, is being forced to modify its traditions by unconventional forms of melting cultures. The evolution of legal traditions is taking place at a highly forced pace. In their study "Law, Morality, Religion", Nándor Birher and Ferenc Janka are coming out with a more precise definition: "Europe, which seems to be too lazy to defend herself (...) is faced with a religious, moral, legal and demographic challenge triggered out by the Islam (...) in a majority mode." [2]
KEYWORDS
Secularization, legal order, normative evolution, meeting of cultures in today's Europe, framework network model, addition to complexity map.
1. CURRENT TRENDS
Glancing at the social changes of our time, we could rightly say that they are taking place under the influence of globalization and multiculturalism, which often erect quite radical challenges to the subsystems of society, religion, morality and law. Thanks to technological development, the expansion of international trade and the evolution of communication networks, globalization means that different parts of the world are much more closely connected to each other as for economy, society, culture and politics are concerned than they used to be before.
In addition to the technological innovation, the economic expansion and an increase in living standards, the global cultural palette also appears, creating opportunities for people with different cultural backgrounds to live together, whereas encouraging mutual respect and acceptance. It is well known, however, that the integration of people with different cultural backgrounds is not always going on smoothly, and what is more, it might be the source of many conflicts. On the contrary, according to the representatives of globalization and multiculturalism, it is important that society should support the integration of newcomers while steadily striving to preserve its own cultural identity. In their view, cultural diversity could contribute to economic growth as people from different backgrounds might create new markets and business opportunities.
Today, globalization and multiculturalism are inseparably intertwined; globalization promotes the spread of cultural diversity, while multiculturalism contributes to strengthening the positive effects of globalization and handling its challenges. At the same time, the overall picture also includes the fact that due to globalization and the improvement of information technology, liberal values have spread to an unprecedented extent and meantime have sever impacts on the social organization of individual countries today.
In recent centuries, the religious and social structures of Europe have undergone significant changes[3], since the continent with traditionally Christian roots is increasingly transforming to a post-Christian character suggesting that Christianity as a dominant religious and cultural force is gradually receding and becoming a kind of private matter. Especially in post-Christian Europe, the role of Christianity in public life and politics has significantly declined, whereas religious pluralism is increasing via globalization and migration. [4]
Owing to Muslim immigrants, Islam is the fastest growing religion in Europe, triggering out new social and political challenges, including attempts of religious integration and managing cultural diversity. In addition, the popularity of Buddhism, Hinduism and other Eastern religions are increasing rapidly, especially among young people and intellectuals. All these are erecting new challenges to the religious, moral and legal evolution of post-Christian Europe. That is the reason why we consider it necessary and unavoidable to reflect upon the relation of the factors mentioned in the title, the wide-ranging problems and the dynamics of evolution.
Based on the trends described above, it is easy to detect that law, morality and religion alone are not suitable for the proper cooperation with a multicultural society, and at the same time, a society with insufficient legal, religious and moral identity is unable to cooperate with foreign cultures. That is why even today it is inevitable to bring up the old question as well as re-examine the relationship between law, morality and religion.
2. LAW, MORALITY, RELIGION: CONNECTIONS AND DIFFERENCES
The role and place of law, religion and morality in a society erects a rather complex and multilateral question, since the three factors, though different, inevitably interact with each other playing a decisive role for both in the individual and in the life of the given society. Furthermore, there are several norm systems being present in a society at the same time, of which the common feature of the three is that all belong to the category of rules of conduct, however, they do show a significant difference in the way of creation, social weight, form of appearance and effects.
For centuries, traditionally religion played a determining role in the formation of moral norms and social order. In addition, religious precepts had formed the basis of legal regulations for a long time, and religion had also served as one of the main sources of community cohesion. According to cultural history, this unique relation of religion, morality and law was first broken by the conflict between clerical and secular power, as well as later by the wars of different congregations triggered out by the Reformation.
As a consequence, secularization has resulted in changing the social role of religion significantly, since in these societies religion has often been squeezed into the private sphere. Although it might still play an important role in the lives of individuals, public and legal regulations are increasingly forcing independence from religious regulations.
In secularized societies moral pluralism is typical, where different moral value systems and norms are existing parallelly. This pluralism enables individuals and communities to live according to different moral principles, however, at the same time, it could be a challenge for community cohesion and preserving shared values.
Furthermore, it is also interesting to note that religion still provides defining moral guidelines for both the individual and the community and from this aspect it has a significant impact on the development of moral values, however, at the same time, in secularized societies morality is increasingly considered autonomous, which means it could be interpreted without religious fundaments.
In addition, the relationship between law and morality is also a complex and often debated issue. Whereas law contains formally binding rules, morality refers to the system of individual and community norms and values. Legal regulations often reflect the moral values of a given society, however, they are not always identical to them. While in the European legal system law was often based on religious and moral rules, in the secularized society this has undergone a fundamental change. Basically, legal systems are based on a social contract created by the consensus between citizens, due to which law has become an autonomous system ensuring social order.
In contrast, in secularized societies, the relationship between legal system and religious precepts is usually minimalized. Religion might often play a role in shaping the moral values behind legal regulations, however, legal decision-making as well as law-making are usually highly independent from religious regulations.
In conclusion, it could be stated that the relationship between religion, law and morality in secularized societies is complex and dynamic. Whereas religion would traditionally play a determining role in the formation of moral norms and legal regulations, in the course of secularization, law and morality significantly became autonomous areas. Regardless of this, religion continues to have a significant impact on an individual's moral life and beliefs.
2.1. RELIGION
So far several experts have attempted to define the concept of religion, and we should agree with Péter Antalóczy, who says that "religion is a system of sufficiently declared beliefs and principles that require others to follow, also determining the life of the given community and the way and conditions how to belong to it.” [5]
Moreover, we can conclude that the role and importance of religion around the world may be different in each culture and historical period, however, this role - without any doubts – is static, as it is constantly evolving as a result of social, political and economic changes.
Religion basically determines the values and norms accepted for individuals and communities, and it actively influences social behavior as well as relationships between individuals. Carrying ethical norms and value systems, it also underlines what is considered right and wrong in a given society. In addition, these principles serve as a compass for navigating between behavioral norms and decision-making processes. Thus, in Christian teachings, human dignity, justice and love play an important role, whereas in Islam, justice, solidarity and the obedience of divine law come into the front.
Furthermore, religion also performs a community-building function in the society, for it contributes to the formation of the identity of the believers. Religious communities are seen as central participants in social life, since they do often take an active part in education, health care, social assistance programs, charity activities as well as support for the needy due to their special legal status granted by the state, via which they could be important participants in maintaining social prosperity and stability. Finally, we could not forget that religions - although with different characteristics and weight according to age and society, however, still as organizations with significant political and social influence - could have a significant impact on legislation, social norms and the function of institutions.
2.2. MORAL
Although the concept of moral (or morality) is closely related to religion, it does not exclusively share a religious origin. It includes the rules of correct, right and accepted actions as a normative system valid for citizens and the society. Moral is a system of norms defining what is considered right or wrong.
On one hand, moral norms and values determine the accepted behavioral principles and values in a society, and on the other hand, they do contribute to the stability of society as a cohesive force. Moreover, people's agreement on common moral fundaments helps to unite and achieve common goals. Also, we cannot disregard the fact that moral principles often serve as the basis of legal norms, moreover, many legal systems are exclusively based on basic moral principles (e.g. the principle of good faith, dishonest behavior, or good morals, etc.).
As a matter of fact, in such cases, the role of moral principles is essentially duplicated, for they are integrated into the system of legal norms with unchanged content and meaning. [6]
As far as law philosophy is concerned, the relationship between morality and law can be seen from three different aspects. According to the representatives of the fusion of morality and law, law is a direct deprivations of moral norms. Based on the theory of St. Thomas Aquinas, natural law is the order created by God that arises from human nature and moral perceptions. Furthermore, in a system of natural law, the basis of law lies in universal moral principles that human sense is able to discover. On the contrary, Hart and Austin, as representatives of legal positivism, define morality and law as two completely separate systems of norms. [7]Also, according to their view, the validity of legal norms does not depend on moral norms. Hart, who belongs to the more radical trend, states that law is nothing but rules created and enforced by the state, regardless of whether these rules are morally justifiable or not.
Finally, those considering a dialectical relationship between morality and law - besides emphasizing the difference between the two – believe in the dynamic interaction, according to which moral norms influence legislation, while law could also form moral values, which in this case means that law has a feedback effect on moral values.
In our view, this interaction is particularly important in handling the challenges of legal reforms, moral as well as legal relativism and moral pluralism in our age.
2.3.LAW
The role of law in a society is basically aimed at maintaining social order, ensuring justice, and also protecting the rights of individuals and communities.
In addition, according to the broadest approach, law is a specific, general rule of conduct ensured by means of state enforcement, in which the intention and will of the state do appear. Nevertheless, in the process of legislation, this also means that the state bodies opt for the different methods, rights and obligations of the legislative decision the one that best suits the goals to be achieved. On the contrary, during this procedure, the bodies must pay attention to the coherent nature of the legal system at the same time, which means that the different rules must be in an elemental unity with each other.
Over years, basically two theories have stabilized in law philosophy debates concerning the concept of law. On one hand, Hans Kelsen, the best-known representative of the normative approach, defines law as a merely normative system, separated from social and moral norms. [8] On the other hand, representatives of law sociology (e.g. Eugen Ehrlich) emphasize that the real source of law may be found in social practice and customs. In this approach, law is viewed as a social institution serving to maintain social order and coordinate individual interests.
Regarding the validity and moral fundaments of law, we have already mentioned the legal positivism represented by Hart, according to whom, the validity of law is independent of its moral fundaments. Also, legal systems often involve morally questionable rules that are – on the contrary – still valid in a formal sense. Besides this, the natural law trends opt for the close connection between law and morality; asserting that law could only be considered valid if it corresponds to universal moral principles and the basic requirements of justice stemming from the human nature. In this approach, the validity of law is exclusively inseparable from moral validity. According to St. Thomas Aquinas, who is the most prominent representative of this school of philosophy, law stems from the human nature and the divine order, and is therefore necessarily based on moral fundaments. [9]
When examining the role and nature of law, we are to note that the legal systems created throughout history had dynamically adapted to social, economic and political changes. This is the interaction that has mostly formed and steadily continues to form the development of society today. Nowadays, globalization and multicultural society trigger out more and more challenges for the legislator, who is steadily about to find the solutions best serving the balance of the social order and political as well as economic stability in the density of different interest of relationships. Therefore, in this context, a burning issue arises as to how international legal norms could correspond to national sovereignty and local cultural differences.
SUMMARY
Post-Christian Europe is currently undergoing transformation, constantly
searching for a balance between the traditions of the past and the
challenges of the present.
Although religion does not dominate the social and political spheres to how
much it used to do, it still plays an important role in the individual and
community identity.
Moreover, in order to build a sustainable future, European societies have to
find their path in the density of religious pluralism, secularization and
ethical issues.
This path, however, is full of challenges, as well as new opportunities to reconsider and renew the relationship between law, religion and morality, of which significant role in society will undoubtedly remain valid for the future.
BIBLIOGRAPHY
Péter Antalóczy (ed.): Fundaments of state church law, Budapest 2012
Aquinas, Thomas: On Law, Morality, and Politics. Hackett Publishing, 1988.
Nándor Birher - Ferenc Janka: Law, morality, religion. in.: Deliberationes. X./2. 2/2/2017
Johanna Fröhlich: Expanding the interpretation range of the concept of democracy: relativization or guarantee? in.: IAS, 2010/3.
Hart, H.L.A: Essays in Jurisprudence and Philosophy. Oxford University Press, 1983.
Kelsen, Hans: General Theory of Law and State. 1945
Péter Bodnár Miskolczi: The close relationship between morality and law in Civil Review 4-6 (2015) 27-33.
[1] Fröhlich Johanna: A demokrácia fogalom értelmezési tartományának bővítése: relativizálódás, vagy garancia? in.: IAS, 2010/3. 17-24.
[2] Birher Nándor – Janka Ferenc: Jog, erkölcs, vallás. in.: Deliberationes . X./2. 2017/2. 188.o.
[3] In Western society, this process did not start today, since the Enlightenment questioned the exclusivity of religious dogmas, while putting rational philosophy and the scientific method in the foreground; then the separation of church and state took place. Urbanization caused by the industrial revolution also reduced the role of religion. Finally, the postmodernist trends of the 20th century further weakened traditional religious structures and beliefs.
[4] When we talk about a decrease, we must also be aware that the cultural heritage of Christianity is deeply embedded in European societies via religious holidays, traditions and moral standards.
[5] in Antalóczy Péter: A gondolat, a lelkiismeret és a vallásszabadság elméleti megközelítése , in Antalóczy Péter (szerk.): Az állami egyházjog alapjai , Budapest 2012, 101.o.; lásd még: Dr. Ádám Antal: Bölcseletek, vallások, jogi alapértékek , Pécs 2015.
[6] Péter Miskolczi Bodnár explores the phenomenon in detail, see. Miskolczi Bodnár Péter: Az erkölcs és a jog szoros kapcsolat in Polgári Szemle 4-6 (2015) 27-33.
[7] Hart, H.L.A: Essays in Jurisprudence and Philosophy . Oxford University Press, 1983.
[8] Kelsen, Hans: General Theory of Law and State. 1945.
[9] Aquinas, Thomas: On Law, Morality, and Politics. Hackett Publishing, 1988.
Frequently asked questions
What are the current trends discussed in "Law, Morality, Religion: Connections and Differences"?
The text discusses the impact of globalization and multiculturalism on society, religion, morality, and law. It highlights the shift in Europe from a traditionally Christian society to a post-Christian one, the rise of religious pluralism, and the challenges posed by these changes to the religious, moral, and legal evolution of Europe.
What is the relationship between law, morality, and religion?
The text explains that these three factors, though distinct, inevitably interact and play a crucial role in the individual and societal life. It details how religion historically played a determining role in the formation of moral norms and social order, which influenced legal regulations. Secularization has led to religion being squeezed into the private sphere, and legal regulations are increasingly independent of religious precepts.
How does secularization affect morality and law?
Secularization leads to moral pluralism, where different moral value systems coexist. Morality is increasingly considered autonomous, interpreted without religious foundations. While law often reflects moral values, it's not always identical to them. Legal systems in secularized societies are based on social contracts and strive to be independent of religious regulations.
What is the definition of religion, according to the text?
The text cites Péter Antalóczy's definition, stating that religion is a system of declared beliefs and principles requiring adherence, determining the life of a community, and defining the conditions of belonging.
What is the role of morality in society?
Morality includes rules for correct and accepted actions, serving as a normative system for citizens. It determines accepted behavioral principles and contributes to societal stability. Moral principles often form the basis of legal norms, such as the principle of good faith.
What are the different perspectives on the relationship between morality and law?
The text presents three viewpoints: fusion of morality and law (law is derived from moral norms), separation (law and morality are distinct), and dialectical relationship (dynamic interaction where moral norms influence legislation, and law influences moral values).
What is the role of law in society?
Law maintains social order, ensures justice, and protects individual and community rights. It is a general rule of conduct enforced by the state, reflecting the state's will. Two main theories define law: normative (separated from social norms) and sociological (found in social practice and customs).
What is legal positivism and natural law theory?
Legal positivism (represented by Hart) argues that the validity of law is independent of its moral foundations. Natural law theory (represented by St. Thomas Aquinas) asserts that law must correspond to universal moral principles and justice to be valid.
What are the challenges facing post-Christian Europe?
Post-Christian Europe is undergoing transformation, balancing traditions with present challenges. It faces the need to navigate religious pluralism, secularization, and ethical issues while building a sustainable future by reconsidering the relationship between law, religion, and morality.
What are the key words mentioned in the text?
The key words are Secularization, legal order, normative evolution, meeting of cultures in today's Europe, framework network model, addition to complexity map.
- Quote paper
- Krisztián Dombrádi (Author), 2024, The Intersection of Secularization and Legal Evolution in Europe, Munich, GRIN Verlag, https://www.hausarbeiten.de/document/1493831
