论法律的宗教性——兼解读伯尔曼的《法律与宗教》

ON RELIGION OF LAW: Simultaneously Interpretation of Berman's Law and Religion

我国法律权威缺失的现状,促使一些学者从文化层面寻求良方。其中有人认为宗教信仰传统的缺乏是一个重要原因。他们频繁地引用伯尔曼关于法律与宗教关系的论断。但他们忽略了伯尔曼法律宗教思想的精髓——法律的宗教性的更深层涵义。探讨法律的宗教性实际上就是探讨法律如何才具有权威、如何被人信仰和尊崇的问题。

Status of lack of authority of China＇s law prompted some scholars to seek solutions from the cultural dimensions. Some of them concluded that one important reason was the lack of religious tradition. Although they frequently quoted Berman＇s theses on the relationship between law and religion, they ignored the essence of Bermans ideology on legal-religious, which is the deeper meaning of religious of law. Actually, discussion on religious of law is to inquiry how the legal has authority, how to be believed and be respected.