Running head: RELIGION, HUMANNESS AND LAW 1

Religion, Humanness and Law

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RELIGION, HUMANNESS AND LAW 2

Influence of religion on attitude towards idea of humaneness and law

Introduction

The wide spread prosocial religions have played important role in shaping the large-scale

societies, where, anonymous connections are vital to overall social fabric. The ethical and moral

codes different religions emphasize are beneficial for overall societal development and have

brought many important changes in existing legislations (Sullivan, 2017). However, the

constructive impact of religion on society, morality, humaneness and law depends on the maturity

level of people. It may have determinantal impact on the society and law if instead of considering

it a voluntary belief, it is rigidly imposed on the people having no interest in following the religious

text books (Green, 2017).

The influence of religion on morality, societal development and legislations is complex,

debatable and abstract in nature. It can bring positive transformations in societal settings and could

be used to enhance the current legislations or introduce new more effective regulations. At the

same time, it can affect some societal groups by inducing them to adopt path that they do not want

to follow (Kaveny, 2016). In this essay, author intends to discuss the influence of religion on

attitude towards idea of humaneness and law in contemporary societal settings. The discussion

will be mainly based on the concepts shared by Eva Darian-Smith in her book “Religion, race and

rights”.

Discussion

Religion has been traditionally associated with promoting ethics and morality. It is a belief

system that intends to bring the best out of its followers on ethics and moral grounds. Religious

codes and conducts promote the idea of “humaneness”. The mature following of religious
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sculptures resolves many complex societal issues and plays important role in making this world a

better place to live in. The idea of humaneness is based on collectivity and inclusion of all human

beings irrespective of race, age, gender and ethnicity. All prosocial religions promote such social

inclusion, but the complex interpretation of various religious commandments have erected social

divisions (Darian-Smith, 2010).

The advancements in the “human rights movements” in many western societies have

challenged the widely accepted notion that “religions make people moral and ethical” and have

caused societies to rethink how religion promotes the idea of humaneness. Review of 18th century

suggests that religious landscape was very complex within North American region. The rigid

following of religions and inflexible and intolerant attitude towards people from other religions

resulted into political and social exclusion of some societal groups (Darian-Smith, 2010). The

implicit and explicit religious discrimination highlighted the need to separate the state and church

and ensure religious liberty to secure the freedom and basic human rights.

The complex differentiation between religious liberty and church-state separation is a

debatable issue in contemporary literature. Different interpretation of humanness has led the

society to draw different conclusions. The ideas of liberalization and secularism have emerged

because of low religious tolerance and highlight the western society’s distrust and anxiety due to

on-going wars between different religions. Religious beliefs influence the attitude towards

humaneness that consequent affect the law. However, it is a debatable issue whether religion

should or should not influence the law in culturally diversified societal settings (Edge & Harvey,

2017).

The interplay of law, religion and race has been well-discussed by Eve Darian. Author

discussed the interconnectedness between three concepts that frame the western law including
RELIGION, HUMANNESS AND LAW 4

rights, race and religion. Religious influence on law affects the rationale and objective nature of

law and its wide applicability in racially diversified society. Moral sensibilities and social values

are neither apolitical nor universal in nature and continuously redefine the concept of justice in

society (Darian-Smith, 2010).

Historical review of landmark legal decisions suggests that religion has always influenced

the law. The interconnectedness between rights, race and religion refine the understanding of

complex sociological and legal issues. The myopic view of law makes many western countries to

believe that law holds universal application. However, difference in the religious beliefs and

sociocultural aspects weaken the transferability, transportability and translatability of law across

different religious communities and political landscapes (Darian-Smith, 2010). Modern society is

interested to understand how religions influence the legislations and overall societal welfare. The

literature review reveals that analysts withhold different opinions about impact of religion on law.

One factor that causes the fatal problems is religious followers’ rigid belief that religion is science.

They place higher importance to the beliefs promoted by their religious sculptures instead of

scientifically proven facts (Green, 2017).

In some societies, the imposition of religious standards improved the law and order

situation by reducing the crime and in other societal settings, the immature handling of religion

resulted into some destructive changes in laws. For example, in many third world countries,

religious values and laws about family planning contradict each other. Moreover, same sex

marriage issue is another debate where religious influence is visible on relevant legislations (Edge

& Harvey, 2017). Religions provide the basic code of conduct about how to live an ethical and

moral life. However, the critics argue that following a religion is not must to promote the idea of

humanism. Religion can add value in promoting this idea but is not inevitable for becoming a
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better human being or holding the idea of humanism. Mostly, people promoting humanism or

referring themselves as “humanists” tend to avoid association with a particular religion (Green,

2017).

The societal structure must not embed the social hierarchy to promote the idea of equality

between human beings irrespective or race and ethnicity. Wars between different religions and

their complex interpretations have promoted the ideas of developing secular states that could

ensure the religious freedom besides ensuring the human rights. Religion can promote the idea of

equality and humaneness if society can develop the religious tolerance and on-going war between

different religious followers could be brought to end. Religiously tolerant individuals are more

likely to embrace the concept of humaneness and successfully indulge into a culturally diversified

society (Darian-Smith, 2010).

Conclusion

Based on the above discussion, it is concluded that religion plays important role in societal

welfare and its influence on law is also inevitable. However, it is important to resolve the complex

religious dynamics in different societal settings to understand how religions influence the attitude

towards humaneness and how it impacts the law. Religious beliefs influence the human behavior

towards equality and justice. Allowing religion to influence the law can be detrimental if society

lacks the religious tolerance. On-going wars between different religions and low religious

tolerance have promoted the ideas of secularism and liberalism. A clear differentiation between

religious freedom and separation of state and church is required to clearly understand religious

influence on attitude towards humaneness and law. A civilized society requires social equality and

equal social, economic and political rights. A tolerant attitude towards religious following can

promote the idea of humanness and can bring positive changes in law.
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References
Darian-Smith, E. (2010). Religion, race, rights: Landmarks in the history of modern Anglo-
American law. Bloomsbury Publishing.

Edge, P. W., & Harvey, G. (2017). Law and Religion in Contemporary Society: communities,
individualism and the state. Routledge.

Green, M. C. (2017). A Culture of Engagement: Law, Religion, and Morality. By Cathleen

Kaveny. Washington, DC: Georgetown University Press, 2016. 305 pages.
$32.95. Horizons, 44(2), 528-529.

Kaveny, C. (2016). A Culture of Engagement: Law, Religion, and Morality. Georgetown

University Press.

Sullivan, W. F. (2017). “Going to Law”: Reflections on Law, Religion, and Mitra Sharafi's Law
and Identity in Colonial South Asia. Law & Social Inquiry, 42(4), 1231-1239.