Law & Religion

Law is defined by Black’s Law Dictionary as: (1) The regime that orders human activities and relations through the systematic application of the force of politically organised society or through pressure backed by force. In such a society, the legal system respect and obey the law. (2) The aggregate of legislation, judicial precedents and accepted legal principal: The body of authoritative grounds of judicial and administrative actions especially the body of rules, standards and principals that the courts of a particular jurisdiction apply in deciding controversies brought before them. (3) The set of rules or principle dealing with a specific area of legal system (Copyright law). (4) The judicial and  administrative process: Legal action and proceedings.

Bryan A. Garner, the editor of Black’s Law points out that the definition of law consists of one; an imperative idea, an idea of rule laid down by Law making organ  of a politically organised society, deriving its force : from the authority of the  sovereign and another a rational or ethical idea, an idea of a rule of right and justice  deriving its authority from intrinsic reasonableness or conformity to ideals of right  and merely recognised, not made by the sovereign. The latter is our concern in this  paper.

It is fondly called Natural Law. Natural law, according to the same Black’s Law. (1).

A physical law of nature <Gravitation is a natural Law. (2). A  philosophical system  of legal and moral principles purportedly deriving from a universalized conception  of human nature or divine justice rather than from a legislative or judicial action.

Moral Law embodied in a principle of right and wrong also termed Law of nature,  natural justice, lex aetema etc. e.g. the chapter 4 of the Constitution of the Federal  Republic of Nigeria 1999 usually termed fundamental rights.  On what is natural Law, Ibanga states that “it is body of the objective standards and  principles which depend on the nature of the universe and can be discovered by  reason. In contemporary times, factors that have rekindled interest in natural law include:  social and economic instability, the growth of weapons of mass destruction, policies  of genocide, Sharpeville massacre and Vietnam war.  The proponents of natural law include: Aristotle, Thomas Aquinas among others.

Having looked at the law, let us look at the .word ‘Christian’.  The word ‘Christian’, according to Oxford Advanced Learner’s Dictionary: noun  person who believes in the teaching of Jesus Christ or has been baptised in a  Christian church. In Christian parlance, a Christian is not only one who believes in  the teaching of our Lord Jesus Christ but one who follows the footsteps of Christ.  Essentially, he is born again.

Having finished the definitions, it will be worth while to look at the meeting points  between the two. The Law as we have it today owes so much to natural law also  called divine law. Christian, Thomas Aguinas does not see the human law in  isolation. He sees human law as legitimised by Natural Law. According to him,  natural law is viewed as ultimately being means by which human beings participate  in the eternal.  Oputa Jsc. has recommended Natural Law “as a starting point in the search for  disciplined society.

Again, frequent reference is made to natural law concepts in constitution and similar documents. Thus, the American declaration of independence (1776) contains the  following famous sentences: “we hold these truth to be self evident, that all men are  created equral, they are endowed by their creator with certain inalienable rights, that  among those are life, liberty and pursuit of life. Art I (2) of the Basic law for the Federal Republic of Germany (1949) provides that “the German people therefore  acknowledge inviolable and inalienable rights as the basis of every community, of  peace and justice in the world.” The Universal Declaration ‘Of Human Rights , the European Convention on Human Rights and the African Charter on Human and Peoples Rights underscore Natural Law.

On the other hand, the Bible has shown it is the Christian basic law, which  contemporary laws derive so much from. In exodus 20: 1-17, God gave the Ten  Commandment which forms the bulk of our human law.  In Mathew 17:24, Christ encouraged the payment to taxes. In Mathew 22:15 – 22 he  also encouraged the payment of taxes. In Romans 2:12 – 13, the Bible talks about  righteous judgment. There cannot be judgment without the law.

John Chidi Enyie