Law perceived as deriving from a transcendent source
Divine law is any body of law that is perceived as deriving from a transcendent source, such as the will of God or gods – in contrast to man-made law or to secular law. According to Angelos Chaniotis and Rudolph F. Peters, divine laws are typically perceived as superior to man-made laws,[1][2] sometimes due to an assumption that their source has resources beyond human knowledge and human reason.[3] Believers in divine laws might accord them greater authority than other laws,[4][5][2] for example by assuming that divine law cannot be changed by human authorities.[2]
According to Chaniotis, divine laws are noted for their apparent inflexibility.[6] The introduction of interpretation into divine law is a controversial issue, since believers place high significance on adhering to the law precisely.[7] Opponents to the application of divine law typically deny that it is purely divine and point out human influences in the law. These opponents characterize such laws as belonging to a particular cultural tradition. Conversely, adherents of divine law are sometimes reluctant to adapt inflexible divine laws to cultural contexts.[8]
Medieval Christianity assumed the existence of three kinds of laws: divine law, natural law, and man-made law.[4] Theologians have substantially debated the scope of natural law, with the Enlightenment encouraging greater use of reason and expanding the scope of natural law and marginalizing divine law in a process of secularization.[9]
Since the authority of divine law is rooted in its source, the origins and transmission-history of divine law are important.[10][a]
Conflicts frequently arise between secular understandings of justice or morality and divine law.[11][12]
Religious law, such as canon law, includes both divine law and additional interpretations, logical extensions, and traditions.[5]
^Chaniotis 1996, p. 85.
^ abcPeters 1988, p. 244.
^Chaniotis 1996, p. 86.
^ abAnghie 1996, p. 323.
^ abMolano 2009, p. 212.
^Chaniotis 1996, p. 67.
^Chaniotis 1996, p. 75.
^Peters 1988, p. 244f.
^Anghie 1996, p. 323f.
^Weiss 2010, Part II. The Indicators of God's Law.
^Chaniotis 1996, pp. 65–66: In Euripides' Ion [...] [t]he distinction between the secular nomos which condemns the assailant and the divine themis which protects the suppliant, regardless of the crime he has committed, is clear; equally clear is Ion's condamnation [sic] of this indifference of the divine law towards the suppliants, righteous and unrighteous alike.
^Chaniotis 1996, p. 69.
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