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| Principles Of Warfare |
Principles of WarfareThroughout history, soldiers and scholars have sought to determine fundamental rules for the conduct of warfare. These approaches have been both prescriptive, stating what actions are allowed and forbidden in warfare, by law, ethics, or religion, and descriptive, analyzing the best practices and means by which a commander and his army or fleet can win a battle or a war.
Prescriptive principles of warfare
Ancient principles
The Book of Deuteronomy prescribes how the Israelite army was to fight, including dealing with plunder, enslavement of the enemy women and children and forbidding the destruction of fruit-bearing trees.
Modern principles
The Hague and Geneva Conventions
See: Hague Conventions, Geneva Conventions
21st Century issues
There are several issues where appropriate the laws of land warfare are ambiguous or obsolescent. Among these are the use of private contractors as soldiers or private armies and whether they are mercenaries or not under international conventions.
In addition, several classes of weapons, such as land mines or cluster bombs, have been decried by non-governmental organizations and some governments as inherently inhumane. However, the United States has refused to denounce the use of these weapons. In the case of land mines, the U.S. position is that all U.S.-planted mines are clearly marked and mapped, and that all U.S.-planted mines can be deactivated by remote command. The People's Liberation Army also continues to use land mines.
A third issue is the status of members of organizations such as al-Queda in captivity. The United States interprets the laws of land warfare in such as way as to exclude captives from these organizations from the status of prisoner of war. Other nations and several international organizations believe that the U.S. interpretation is too narrow and can lead to abuse of innocent parties.
Descriptive principles of warfare
Sun Tzu
Sun Tzu's The Art of War, written approximately in 400 B.C., listed five basic factors for a commander to consider:
- The Moral Law, or discipline and unity of command
- Heaven, or weather factors
- Earth, or the terrain
- The Commander;
- Method and discipline, which included logistics and supply
However, Sun Tzu implied individual initiative as a principle of warfare, stating "According as circumstances are favorable, one should
modify one's plans."
Early Western theoreticians
Antoine Henri Jomini, in his book, Precis de l'Art de Guerre, in 1838, and Carl von Clausewitz, in his book Vom Kriege (On War) developed theories of warfare based on the experiences of the Napoleonic Wars. Jomini's approach was more theoretical than von Clausewitz'.
Modern NATO principles of warfare
The British historian J.F.C. Fuller developed a set of eight principles of warfare between 1912 and 1924:
- Objective
- Offensive Action
- Surprise
- Concentration
- Economy of Force
- Security
- Mobility and Cooperation
In 1994, the U.S. Army's Field Manual 100-5 listed the following basic principles:
- Objective: Direct every military operation toward a clearly defined, decisive and attainable objective. "The ultimate military purpose of war is the destruction of the enemy's armed forces and will to fight."
- Offensive: Seize, retain, and exploit the initiative. Even in defense, a military organization is expected to maintain a level of aggresiveness by patrolling and launching limited counter-offensives.
- Mass: Mass the effects of overwhelming combat power at the decisive place and time.
- Economy of Force: Employ all combat power available in the most effective way possible; allocate minimum essential combat power to secondary efforts.
- Maneuver: Place the enemy in a position of disadvantage through the flexible application of combat power.
- Unity of Command: For every objective, seek unity of command and unity of effort.
- Security: Never permit the enemy to acquire unexpected advantage.
- Surprise: Strike the enemy at a time or place or in a manner for which he is unprepared.
- Simplicity: Prepare clear, uncomplicated plans and concise orders to ensure thorough understanding.
The British military adds to the above list:
- Maintenance of Morale
- Administration.
The Russian doctrine is similar, but includes the concept of Annihilation as well.
These principles of warfare are very broad, and are tied in to military doctrine of the various military services. Doctrine, in turn, suggests but does not dictate strategy and tactics.
Category:Warfare
WarfareA common perception of war is a series of military campaigns between at least two opposing sides involving a dispute over sovereignty, territory, resources, religion or a host of other issues. A war to liberate an occupied country is sometimes characterised as a "war of liberation", while a war between internal elements of the same state may constitute a civil war.
History of war
:Main article: History of warfare
War seems as old as human society, and certainly features prominently in the recorded histories of state-cultures. But it is a complex issue. Some hunter-gatherer societies engaged in skirmishes over territory and resources, although many did not. The earliest city states and empire in Mesopotamia became the first to employ standing armies. Organization and structure has since been central to warfare, as illustrated by the success of highly disciplined troops of the Roman Empire.
As well as organizational change, technology has played a central role in the evolution of warfare. Inventions created for warfare have also played an important role in other fields. The continued advance of technology has led to an increase in the destructiveness and cost of warfare throughout human history.
The study of warfare is known as military history.
Morality of war
military history
Throughout history war has been the source of serious moral questions. Although many ancient nations and some more modern ones viewed war as noble, over the sweep of history concerns about the morality of war have gradually increased. Today war is almost unanimously seen as undesirable and morally problematic. Many now believe that wars should only be fought as a last resort. Some, known as pacifists, believe that war is inherently immoral and no war should ever be fought. This position was passionately defended by the Indian leader Mohandas K. Gandhi (called "Mahatma" or "Great Soul").
The negative view of war has not always been held as widely as it is today. Many thinkers, such as Heinrich von Treitschke saw war as humanity's highest activity where courage, honour, and ability were more necessary than in any other endeavour. At the outbreak of World War I the writer Thomas Mann wrote, "Is not peace an element of civil corruption and war a purification, a liberation, an enormous hope?" This attitude was embraced by many societies from Sparta in Ancient Greece and the Ancient Romans to the fascist states of the 1930s. The defeat and repudiation of the fascist states and their militarism in the Second World War, combined with the unquestioned horror of nuclear war have contributed to the current negative view of war.
Today, some see only Just Wars as legitimate, and it is the goal of organizations such as the United Nations to unite the world against wars of unjust aggression.
Limitations on war
At times throughout history, societies have attempted to limit the cost of war by formalizing it in some way. Limitations on the targeting of civilians, what type of weapons can be used, and when combat is allowed have all fallen under these rules in different conflicts. Total war is the modern term for the targeting of civilians and the mobilization of an entire society.
While culture, law, and religion have all been factors in causing wars, they have also acted as restraints at times. In some cultures, for example, conflicts have been highly ritualized to limit actual loss of life. In modern times, increasing international attention has been paid to peacefully resolving conflicts which lead to war. The United Nations is the latest and most comprehensive attempt to, as stated in the preamble of the [http://www.un.org/aboutun/charter U.N. Charter], "save succeeding generations from the scourge of war."
A number of treaties regulate warfare, collectively referred to as the laws of war. The most pervasive of those are the Geneva Conventions, the earliest of which began to take effect in the mid 1800s.
Treaty signing has since been a part of international diplomacy, and too many treaties to mention in this scant article have been signed. A couple of examples are: Resolutions of the Geneva International Conference, Geneva, 26 October-29 October 1863 and Geneva Convention relative to the Treatment of Prisoners of War, 75 U.N.T.S. 135, entered into force 21 October 1950. It must be noted that in war such treaties are generally thrown to one side if they interfere with the vital interests of either side; some have criticised such conventions as simply providing a fig leaf for the inhuman practice of war. By only illegalising "war against the rules", it is alleged, such treaties and conventions, in effect, sanction certain types of war.
Redefining "war" for legal reasons
Sometimes the term "war" is restricted by legal definition to those conflicts where one or both belligerents have formally declared war. This has resulted in wars (in the sense defined in the introduction to this article) without formal declaration and combatants who officially choose terms other than "war," such as:
- "armed conflict";
- "state aggression by armed force";
- "police action";
- "crime against international peace".
For example, the United States Government referred to the Korean War as a "police action", and the British Government was very careful to use the term "armed conflict" instead of "war" during the Falklands War in 1982 to comply with the letter of international law. Sometimes the term "war" will not be used in order to circumvent national constitutions which restrict the power of the executive to wage war without the agreement of other branches of government.
Causes of war
There is great debate over why wars happen, even when most people do not want them to. Representatives of many different academic disciplines have attempted to explain war.
Historical theories
Historians tend to be reluctant to look for sweeping explanations for all wars. A. J. P. Taylor famously described wars as being like traffic accidents. There are some conditions and situations that make them more likely but there can be no system for predicting where and when each one will occur. Social scientists criticize this approach arguing that at the beginning of every war some leader makes a conscious decision and that they cannot be seen as purely accidental.
Psychological theories
Psychologists such as E.F.M. Durban and John Bowlby have argued that human beings, especially men, are inherently violent. While this violence is repressed in normal society it needs the occasional outlet provided by war. This combines with other notions, such as displacement where a person transfers their grievances into bias and hatred against other ethnic groups, nations, or ideologies. While these theories can explain why wars occur, they do not explain when or how they occur. In addition, they raise the question why there are sometimes long periods of peace and other eras of unending war. If the innate psychology of the human mind is unchanging, these variations are inconsistent. A solution adopted to this problem by militarists such as Franz Alexander is that peace does not really exist. Periods that are seen as peaceful are actually periods of preparation for a later war or when war is suppressed by a state of great power, such as the Pax Britannica.
If war is innate to human nature, as is presupposed by many psychological theories, then there is little hope of ever escaping it. One alternative is to argue that war is only, or almost only, a male activity and if human leadership was in female hands wars would not occur. This theory has played an important role in modern feminism. Critics, of course, point to various examples of female political leaders who had no qualms about using military force, such as Margaret Thatcher or Indira Gandhi.
Other psychologists have argued that while human temperament allows wars to occur, they only do so when mentally unbalanced men are in control of a nation. This extreme school of thought argues leaders that seek war such as Napoleon, Hitler, and Stalin were mentally abnormal.
A distinct branch of the psychological theories of war are the arguments based on evolutionary psychology. This school tends to see war as an extension of animal behaviour, such as territoriality and competition. However, while war has a natural cause, the development of technology has accelerated human destructiveness to a level that is irrational and damaging to the species. We have the same instincts of a chimpanzee but overwhelmingly more power. The earliest advocate of this theory was Konrad Lorenz. These theories have been criticized by scholars such as John G. Kennedy, who argue that the organized, sustained war of humans differs more than just technologically from the territorial fights between animals.
In his fictional book Nineteen-Eighty-Four, George Orwell talks about war being used as one of many ways to distract people. War inspires fear and hate among the people of a nation, and gives them a 'legitimate' enemy upon whom they can focus this fear and hate. Thus the people are prevented from seeing that their true enemy is in fact their own repressive government. By this theory, war is another 'opiate of the masses' by which a totalitarian state controls its people and prevents revolution.
Anthropological theories
Several anthropologists take a very different view of war. They see it as fundamentally cultural, learned by nurture rather than nature. Thus if human societies could be reformed, war would disappear. To this school the acceptance of war is inculcated into each of us by the religious, ideological, and nationalistic surroundings in which we live.
Many anthropologists also see no links between various forms of violence. They see the fighting of animals, the skirmishes of hunter-gatherer tribes, and the organized warfare of modern societies as distinct phenomena each with their own causes. Theorists such as Ashley Montagu emphasize the top down nature of war, that almost all wars are begun not by popular pressure but by the whims of leaders and that these leaders also work to maintain a system of ideological justifications for war.
Sociological theories
Sociology has long been very concerned with the origins of war, and many thousands of theories have been advanced, many of them contradictory. Some use detailed formulas taking into account hundreds of demographic and economic values to predict when and where wars will break out. The statistical analysis of war was pioneered by Lewis Fry Richardson following World War I. More recent databases of wars and armed conflict have been assembled by the Correlates of War Project, Peter Brecke and the Uppsala Department of Peace and Conflict Research. So far none of these formulas have successfully predicted the outbreak of future conflicts. A detailed study by Michael Haas found that no single variable has a strong correlation to the occurrence of wars. One correlation that has found much support is that states that are democracies do not go to war with each other, an idea known as the democratic peace theory.
Many sociologists have attempted to divide wars into types to get better correlations, but this has also produced mixed results. Data looked at by R.J. Rummel has found that civil wars and foreign wars are very different in origin, but Jonathan Wilkenfield using different data found just the opposite.
Sociology has thus divided into a number of schools. One based on the works of Eckart Kehr and Hans-Ulrich Wehler sees war as the product of domestic conditions, with only the target of aggression being determined by international realities. Thus World War I was not a product of international disputes, secret treaties, or the balance of power but a product of the economic, social, and political situation within each of the states involved.
This differs from the traditional approach of Carl von Clausewitz and Leopold von Ranke that argue it is the decisions of statesmen and the geopolitical situation that leads to war.
Information theories
A popular new approach is to look at the role of information in the outbreak of wars. This theory, advanced by scholars of international relations such as Geoffrey Blainey, argues that all wars are based on a lack of information. If both sides at the outset knew the result neither would fight, the loser would merely surrender and avoid the cost in lives and infrastructure that a war would cause.
This is based on the notion that wars are reciprocal, that all wars require both a decision to attack and also a decision to resist attack. This notion is generally agreed to by almost all scholars of war since Clausewitz. This notion is made harder to accept because it is far more common to study the cause of wars rather than events that failed to cause wars, and wars are far more memorable. However, throughout history there are as many invasions and annexations that did not lead to a war, such as the U.S.-led invasion of Haiti in 1994, the Nazi invasions of Austria and Czechoslovakia preceding the Second World War, and the annexation of the Baltic states by the Soviet Union in 1940. On the other hand, Finland's decision to resist a similar Soviet aggression in 1939 led to the Winter War.
The leaders of these nations chose not to resist as they saw the potential benefits being not worth the loss of life and destruction such resistance would cause. Lack of information may not only be to who wins in the immediate future. The Norwegian decision to resist the Nazi invasion was taken with the certain knowledge that Norway would fall. The Norwegians did not know whether the German domination would be permanent and also felt that noble resistance would win them favour with the Allies and a position at the peace settlement in the event of an Allied victory. If in 1940 it had been known with certainty the Germans would dominate central Europe for many decades, it is unlikely the Norwegians would have resisted. If it had been known for certainty that the Third Reich would collapse after only a few years of war, the Nazis would not have launched the invasion at all.
This theory is predicated on the notion that the outcome of wars is not randomly determined, but fully determined on factors such as doctrine, economies, and power. While purely random events, such as storms or the right person dying at the right time, might have had some effect on history, these only influence a single battle or slightly alter the outcome of a war, but would not mean the difference between victory and defeat.
There are two main objectives in the gathering of intelligence. The first is to find out the ability of an enemy, the second their intent. In theory to have enough information to prevent all wars both need to be fully known. The Argentinean dictatorship knew that the United Kingdom had the ability to defeat them, but their intelligence failed them on the question of whether the British would use their power to resist the annexation of the Falklands. The American decision to enter the Vietnam War was made with the full knowledge that the communist forces would resist them, but did not believe that the guerrillas had the capability to long oppose American forces.
One major difficulty is that in a conflict of interests, some deception or at least not telling everything, is a standard tactical component on both sides. If you think that you can convince the opponent that you will fight, the opponent might desist. For example, Sweden made efforts to deceive Nazi Germany that it would resist an attack fiercely partly by playing on the myth of Aryan superiority, and by making sure that Hermann Göring only saw Elite troops in action, often dressed up as regular soldiers, when he came to visit.
Economic theories
Another school of thought argues that war can be seen as an outgrowth of economic competition in a chaotic and competitive international system. That wars begin as a pursuit of new markets, of natural resources, and of wealth. Unquestionably a cause of some wars, from the empire building of Britain to the Nazi invasion of the Soviet Union in pursuit of oil this theory has been applied to many other conflicts including the Iraq invasion of the United States. It is most often advocated by those to the left of the political spectrum who argue that such wars serve only the interests of the wealthy but are fought by the poor.
Marxist theories
The economic theories also form a part of the Marxist theory of war, which argues that all war grows out of the class war. It sees wars as imperial ventures to enhance the power of the ruling class and divide the proletariat of the world by pitting them against each other for contrived ideals such as nationalism or religion. Wars are a natural outgrowth of the free market and class system, and will not disappear until a world revolution occurs.
Types of war and warfare
Smaller armed conflicts are often called riots, rebellions, coups, etc.
When one country sends armed forces to another, allegedly to restore order or prevent genocide or other crimes against humanity, or to support a legally recognized government against insurgency, that country sometimes refers to it as a police action. This usage is not always recognized as valid, however, particularly by those who do not accept the connotations of the term.
"Conventional warfare" descibes either:
- A war between nation-states
- War where nuclear or biological weapons are not used.
(Compare with unconventional warfare and nuclear warfare.)
A war where the forces in conflict belong to the same country or empire or other political entity is known as a civil war. Asymmetrical warfare is a conflict between two populations of drastically different levels of military mechanization. This type of war often results in guerrilla tactics. The Israeli-Palestinian conflict is a common example of asymmetrical warfare.
Geographic warfare
The terrain over which a war is fought has a big impact on the type of combat which takes place. This in turn means that soldiers have to be trained to fight in a specific type of terrain. These include:
- Arctic warfare
- Ski warfare
- Desert warfare
- Jungle warfare
- Naval warfare or Aquatic warfare
- Sub-aquatic warfare
- Mountain warfare (sometimes called alpine warfare)
- Urban warfare
- Air warfare
- Space warfare
See also
;General
- Undeclared war
- War cycles
;Lists
- Ongoing wars
- List of wars
- List of battles
- List of orders of battle
- List of invasions
- List of military commanders
;Military knowlegebase
- Military science
- Military technology and equipment
- Military strategy
- Military tactics
- Philosophy of war
- Weapons
;Other
- Civil war
- Cold war
- Military-industrial complex
- Nonviolent resistance ("Nonviolence in peace and war" - Mahatma Gandhi)
- Private military contractors
- War profiteer
References
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-
External links
- [http://www.warcrimes.info/ Documents and Resources on War, War Crimes and Genocide]
- [http://www.umich.edu/~cowproj/ Correlates of War Project]
- [http://cow2.la.psu.edu/ Correlates of War 2]
- [http://www.inta.gatech.edu/peter/PSS99_paper.html Article by Peter Brecke]
- [http://www.d-n-i.net/fcs/4th_gen_war_gazette.htm The Changing Face of War: Into the Fourth Generation]
- [http://www.pcr.uu.se/ Uppsala Department of Peace and Conflict Research]
- [http://www.unesco.org/shs/human_rights/hrfv.htm 1986 Seville Statement on Violence]
- [http://www.culture-of-peace.info/ssov/title-page.html The Seville Statement on Violence: A Progress Report]
- [http://www.culture-of-peace.info/myth/title-page.html The Myth That War Is Intrinsic to Human Nature Discourages Action for Peace by Young People]
- [http://users.erols.com/mwhite28/warstat1.htm Rough estimates of the number of deaths in various wars and conflicts]
- [http://plato.stanford.edu/entries/war/ Stanford Encyclopedia of Philosophy entry]
War
Violence
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Law:This article is about law in society. For other possible meanings, see law (disambiguation).
Law (a loanword from Old Norse lag), in politics and jurisprudence, is a set of rules or norms of conduct which mandate, proscribe or permit specified relationships among people and organizations, provide methods for ensuring the impartial treatment of such people, and provide punishments of/for those who do not follow the established rules of conduct.
Law is typically administered through a system of courts, in which judges hear disputes between parties and apply a set of rules in order to provide an outcome that is just and fair. The manner in which law is administered is known as a legal system, which typically has developed through tradition in each country.
Legal practitioners, most often, must be professionally trained in the law before they are permitted to advocate for a party in a court of law, draft legal documents, or give legal advice.
Legal traditions
There are generally four broad legal traditions that are practiced in the world today.
Civil law
The Civilian system of law is a codified law that sets out a comprehensive system of rules that are applied and interpreted by judges. It is by and large the most commonly practiced system of law in the world, with almost 60 % of the world's population living in a country ruled on the civilian system.
The most important difference to common law is that normally, only legislative enactments are considered to be legally binding, but not precedent cases. However, as a practical matter, courts normally follow their previous decisions. Furthermore, in some civil law systems (e.g. in Germany), the writings of legal scholars have considerable influence on the courts.
In most jurisdictions the core areas of private law are codified in the form of a civil code, but in some, like Scotland it remains uncodified. The civil law system has its origins in Roman law, which was adopted by scholars and courts from the late middle ages onwards. Most modern systems go back to the 19th century codification movement. The civil codes of many, particularly Latin countries and former French and Spanish colonies closely trail the Code de Napoléon in some fashion. However, this is not true for most Central and Eastern European, Scandinavian and East Asian countries. Notably, the German BGB was developed from Roman law with reference to German legal tradition.
The importance of the Code Napoléon should also not be overemphasized as it covers only the core areas of private law, while other codes and statutes govern fields such as corporate law, administrative law, tax law and constitutional law.
Common law
The Common law is an Anglo-Saxon legal tradition, based on unwritten laws developed through judicial decisions that create binding precedent. The common law system is currently in practice in Australia, Canada (excluding Quebec), United Kingdom, and the United States (excluding Louisiana). In addition to these countries several others have adapted the common law system into a mixed system. For example, India and Nigera operate largely on a common law system but incorporate a good deal of customary law and religious law.
Customary law
Customary law are systems of law that has evolved largely on their own within a given country and have been adapted to meet the needs of the particular culture. Note that customary law may also be relevant within jurisdictions following another legal tradition in fields or subfields of law where no legislative enactment exists. For example, in Austria, scholars of private law often claim that customary law continues to exist, whereas public law scholars dispute this claim. (In any case, it is hard to find any practically relevant examples.)
Religious law
Many countries base their system of law on religious tenants. The most dominant system of this form of law is Muslim law (or "Sharia") which is a codified law that is found within the Koran. These laws deal primarily with the personal rights and dispute resolution between individuals. It is used in some Middle Eastern nations; such as in the Iran and Saudi Arabia.
On a smaller level there are still regions of the world that practice canon law, which is followed by Catholics and Anglicans, and a similar legal system is used by the Eastern Orthodox Church. The same can be said for Jewish law (halakha or halacha), which is followed by Orthodox and Conservative Jews, in substantially different forms.
Bodies of law
In the broadest sense, bodies of law can be subdivided on the basis of who the parties to an action are. It is frequent that practiced fields of law overlap into several of these bodies of law.
Private law
The area of private law in a legal system concerns law that oversees disputes between private individuals. This area is, to a large extent, the most comprehensive area of law, dealing with all non-criminal harm one person does to another.
Public law
The area of public law, in a general sense, is the law in a given legal system that concerns disputes between the government and private individuals residing within the country. The state can bring actions against people for criminal acts, as well as breach of regulatory laws.
Equally, individuals can bring actions against the government for harm it has done. This includes grounds on the basis of a breach of regulations, legislate on matters beyond their competence, or violation of an individuals rights. These last two points are often protected under a countries’ constitution.
Procedural law
Procedural law concerns the areas of law that regulate how all actions are dealt with. This includes who can have access to the court system, how complaints are submitted, and what are the rights of the parties involved. Procedural law is often known as "adjective" law as it is the law that concern how other laws are to be applied. Typically, this is broadly covered by a government’s civil and criminal procedure rules. But equally this includes the law of evidence which determines what means are used to prove facts, as well as, the law regarding remedies.
International law
International law governs the relations between states, or between citizens of different states, or international organizations. Its two primary sources are customary law and treaties.
Philosophy of law
Philosophy of law is a branch of philosophy and jurisprudence which studies basic questions about law and legal systems, such as "what is the law?", "what are the criteria for legal validity?", "what is the relationship between law and morality?", and many other similar questions.
In the western tradition there are several schools of thought on the philosophical basis of law. First, there is natural law, which attempts to describe law as an inherent quality in humans that is derived from natures. Second, there is the positivism which believes that law is a purely human-made construct that society uses to maintain social order. Third, there is legal realism which believes that law is an arbitrary set of rules that are largely established through the tastes and preferences of judges.
Anthropology of law
:See main discussion at Honour
Law has an anthropological dimension. It has been recognized from Montesquieu to the present that law is shaped by the kind of society in which it is practised.
One continuum into which various societies can be placed contrasts the "culture of law" with the "culture of honour". In order to have a culture of law, people must dwell in a society where a government exists whose authority is hard to evade and generally recognised as legitimate. People take their grievances before the government and its agents, who arbitrate disputes and enforce penalties. This behaviour is contrasted with the culture of honour, where respect for persons and groups stems from fear of the revenge they may exact if their person, property, or prerogatives are not respected.
Cultures of law must be maintained. They can be eroded by declining respect for the law, achieved either by weak government unable to wield its authority, or by burdensome restrictions that attempt to forbid behaviour prevalent in the culture or in some subculture of the society. When a culture of law declines, there is a possibility that an culture of honor will arise in its place.
History
Practice of law
Practice of law is typically overseen by either a government organization or independent regulating body such as a bar association or barrister society. To practice law – i.e. appear in front of a judge on behalf of someone, draft legal documents, etc. – the practitioner must be certified by the regulating body. This usually entails a two or three year program at a university’s faculty of law or a law school, followed by an entrance examination (eg. bar admissions).
Once accredited, a legal practitioners will often work in law firm, as well as in government, a private corporation, or even work as sole practitioner.
A significant component to the practice of law in the common law tradition involves legal research in order to determine the current state of the law. This usually entails exploring case reporters, legal periodicals, and legislation.
See also
- Law topics overview
- List of areas of law
- List of legal topics
- List of legal terms
- List of jurists
- List of legal abbreviations
- List of case law lists
- List of law firms
Further reading
- Cheyenne Way: Conflict & Case Law in Primitive Jurisprudence, Karl N. Llewellyn and E. Adamson Hoebel, University of Oklahoma Press, 1983, trade paperback, 374 pages, ISBN 0806118555
- The Bilingual LSP Dictionary. Principles and Practice for Legal language, Sandro Nielsen, Gunter Narr Verlag 1994.
- [http://browse.addall.com/Browse/Author/2088479-1 Other books by Karl N. Llewellyn]
- David, René, and John E. C. Brierley. Major Legal Systems in the World Today: An Introduction to the Comparative Study of Law. 3d ed. London: Stevens, 1985 (ISBN 0420473408).
External links
- [http://www.legalmatch.com LegalMatch] Legal Resource
- [http://ausicl.com The Australian Institute of Comparative Legal Systems]
- [http://www.lpig.org Law and Policy Institutions]
- [http://www.llbee.com/news.php?p=news Laws External Education- Legal News By Subject]
- [http://www.4lawschool.com 4LawSchool- Legal Reference]
- [http://ww3.definitions-legal.com:8567/ Law, Legal Definitions & Reference]
- [http://www.ericdigests.org/1996-3/law.htm Essentials of Law-Related Education. ERIC Digest.]
- [http://www.law.cornell.edu LII - Topical overviews, US Supreme Court decisions, US Code (Acts of Congress)]
- [http://www.worldlii.org WorldLII - The World Legal Information Institute]
- [http://www.lawmoose.com LawMoose Legal Reference Library]
- [http://legallinks.jenkinslaw.org Legal Research Links]
- [http://www.findlaw.com FindLaw]
- [http://ausicl.com The Australian Institute of Comparative Legal Systems]
- [http://www.nolo.com/glossary.cfm Everybody's Legal Glossary] - From Nolo
- [http://www.alllaw.com/ AllLaw]
- [http://legal.wikicities.com/ WikiCities Legal Site]
- Stanford Encyclopedia of Philosophy:
- [http://plato.stanford.edu/entries/law-ideology/ Law and Ideology]
- [http://plato.stanford.edu/entries/law-language/ Law and Language]
- [http://en.jurispedia.org/ The shared law] in Jurispedia
- [http://www.avocatura.com Romanian Law]
- [http://www.thedailylaw.com Daily Law news]
- [http://members.fortunecity.com/victorcauchi/lex/lexindex.htm Laws of Malta] Chapter summaries and a general Glossary of definitions.
- [http://LawyerIntl.com LawyerIntl.com] Legal Resource and Law Dictionary
- [http://LawGuru.com LawGuru.com] Legal Portal
- [http://forumprawne.org Prawo i porady prawne] - web discussion board about Polish law
Category:Core issues in ethics
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th:กฎหมาย
Religion)]]
Religion (see etymology below) —sometimes used interchangeably with faith or belief system—is commonly defined as belief concerning the supernatural, sacred, or divine; and the moral codes, practices, values, institutions and rituals associated with such belief. In its broadest sense some have defined it as the sum total of answers given to explain humankind's relationship with the universe. In the course of the development of religion, it has taken many forms in various cultures and individuals.
Occasionally, the word "religion" is used to designate what should be more properly described as "organized religion" – that is, an organization of people supporting the exercise of some religion, often taking the form of a legal entity (see religion-supporting organization).
There are many different religions in the world today.
Etymology
religion-supporting organization]
The origins of the word "religion" have been debated for centuries. Some explanations for the origin of the word are:
- re-reading--from Latin re (again) + legio (read), referring to the repetition of scripture.
- treating carefully--from Latin relegere (Cicero's interpretation)
- re-connection to the divine--from Latin re (again) + ligare (to connect, as in English ligament). This interpretation is favoured by modern scholars such as Tom Harpur, but probably originated with St. Augustine.
- to bind or return to bondage--an alternate interpretation of the "reconnection" etymology, possibly also originating with Augustine but emphasising a sense of servitude to God. However, the bondage interpretation, while popular with critics of religion, is often considered imprecise and possibly offensive in many modern religious contexts.
- concerning a gathering--from Latin ablative res (with regard to) + legere (to gather). More emphatically, religion concerns an organization.
What is clear about the word "religion" is that the religious connotations (in the sense of gods, morality, afterlife, etc.) were not a part of the term's Latin precursors.
Religion and science
According to the religious, knowledge can be gained from a religious leader, a sacred text, or personal revelation. It is not limited in scope and can try to answer any question. Some religious people maintain that knowledge obtained in this way is absolute and infallible (religious cosmology). Religious knowledge tends to vary from religion to religion, from sect to sect, and from individual to individual.
In contrast, the scientific method gains knowledge by interaction with the world, and can only answer cosmological questions about the physical universe. It tries to give theories of the world which best fit the observed evidence. All scientific knowledge is tentative, and subject to later improvement or revision in the face of better evidence. It should be noted that science can not only describe the world physically, but can also state facts that aren't physical, e.g. facts of economics, linguistics or much of psychology.
Many early scientists held strong religious beliefs (see Scientists of Faith) and strove to reconcile science and religion. Isaac Newton, for example, believed that gravity caused the planets to revolve about the sun, but credited God with the design. In the concluding General Scholium to the Principia Mathematica he wrote "This most beautiful System of the Sun, Planets and Comets, could only proceed from the counsel and dominion of an intelligent and powerful being." Nevertheless, conflict arose between religious organisations and individuals who propogated scientific theories which they deemed unaccaptable. The Roman Catholic Church, for example, has reserved to itself the right to decide which scientific discoveries are acceptable and which are unacceptable. Giordano Bruno was burned at the stake for unacceptable scientific theories, while Galileo was tried and forced to recant the theory that the earth goes around the sun. The modern Roman Catholic Church accepts most current scientific theories, but still reserves the right to make the final judgment.
Here are a few of the areas in which some scientists and the organized Church have come into conflict from time to time.
- Does the earth move around the sun or does the sun move around the earth?
- Is the earth a few thousand years old or more than a billion years old?
- Was there a flood that covered all the earth?
- Did the various species evolve or were they individually created by God? (see Evolution)
- Did the universe have a beginning or is it infinite?
- Is the speed of light constant and is Einstein's Theory of Relativity correct?
- Does radioactive decay occur at a predictable rate? (see Age of the Earth)
Philosophy and metaphysics
In between the doctrines of religion and science, stands the philosophical perspective of metaphysical cosmology. This ancient field of study seeks to draw logical conclusions about the nature of the universe, humanity, and god. One important philosophical tool that attempts to resolve the conflict between religion and science is Occam's razor, which was originally developed by William of Occam to support religion but is now often used in the philosophy of science to support science. Occam's razor cuts both ways.
One should also take note of the related philosophic field of epistemology which questions the very nature of how we come to understand and accept that a belief is true or false, such as belief in Darwinian evolution as compared to Christian young earth creationism and vice versa.
young earth creationism]
Esotericism and mysticism
:young earth creationism]
Mysticism, in contrast with philosophy and metaphysics, denies that logic is the most important method of gaining enlightenment. Rather physical disciplines such as yoga, starvation, self-strangulation, or whirling (in the case of the Sufi dervishes) or the use of drugs such as LSD, lead to higher states of consciousness that logic can never hope to grasp.
Mysticism ("to conceal") is the pursuit of communion with, or conscious awareness of ultimate reality, the divine, spiritual truth, or God through direct, personal experience (intuition or insight) rather than rational thought. Mystics believe in the existence of realities beyond perceptual or intellectual apprehension that are central to being and directly accessible through personal experience. They believe that such experience is a genuine and important source of knowledge.
Esotericism claims to be more sophisticated than religion, to rely on intellectual understanding rather than faith, and to improve on philosophy in its emphasis on techniques of psycho-spiritual transformation (esoteric cosmology). Esotericism refers to "hidden" knowledge available only to the advanced, privileged, or initiated, as opposed to exoteric knowledge, which is public. It applies especially to spiritual practices. The mystery religions of ancient Greece and the modern religion of Scientology are examples of Esotericism.
Esotericism
Spirituality
Members of an organized religion may not see any significant difference between religion and spirituality. Or they may see a distinction between the mundane, earthly aspects of their religion and its spiritual dimension.
Some individuals draw a strong distinction between religion and spirituality. They may see spirituality as a belief in ideas of religious significance (such as God, the Soul, or Heaven), but not feel bound to the bureaucratic structure and creeds of a particular organized religion. They choose the term spirituality rather than religion to describe their form of belief, perhaps reflecting a disillusionment with organized religion (see Religion in modernity), and a movement towards a more "modern" — more tolerant, and more intuitive — form of religion. These individuals may reject organized religion because of historical acts by religious organizations, such as Islamic terrorism or the Spanish Inquisition.
Mahatma Gandhi who was born a Hindu wrote the following about religion in his autobiography The Story of My Experiments with Truth
:"Thus if I could not accept Christianity either as a perfect, or the greatest religion, neither was I then convinced of Hinduism being such. Hindu defects were pressingly visible to me. If untouchability could be a part of Hinduism, it could but be a rotten part or an excrescence. I could not understand the raison d'etre of a multitude of sects and castes. What was the meaning of saying that the Vedas were the inspired Word of God? If they were inspired, why not also the Bible and the Koran? As Christian friends were endeavouring to convert me, so were Muslim friends. Abdullah Sheth had kept on inducing me to study Islam, and of course he had always something to say regarding its beauty."
He then went on to say:
:"As soon as we lose the moral basis, we cease to be religious. There is no such thing as religion over-riding morality. Man, for instance, cannot be untruthful, cruel or incontinent and claim to have God on his side."
He also said the following about Hinduism:
:"Hinduism as I know it entirely satisfies my soul, fills my whole being ... When doubts haunt me, when disappointments stare me in the face, and when I see not one ray of light on the horizon, I turn to the Bhagavad Gita, and find a verse to comfort me; and I immediately begin to smile in the midst of overwhelming sorrow. My life has been full of tragedies and if they have not left any visible and indelible effect on me, I owe it to the teachings of the Bhagavad Gita."
Later in his life when he was asked whether he was a Hindu, he replied:
:"Yes I am. I am also a Christian, a Muslim, a Buddhist and a Jew."
Myth
Hindu, Israel]]
The word "myth" has two main meanings, according to the Merriam-Webster Online Dictionary:
# a usually traditional story of ostensibly historical events that serves to unfold part of the world view of a people or explain a practice, belief, or natural phenomenon
# a person or thing having only an imaginary or unverifiable existence
Ancient polytheistic religions, such as those of Greece, Rome, and Scandinavia, are categorized under the heading of mythology. Religions of pre-industrial peoples, or cultures in development, are similarly called myths in the anthropology of religion. Mythology can be a term used pejoratively by both religious and non-religious people. But by defining another person's religious stories and beliefs as mythology, one implies that they are less real than one's own religious stories and beliefs.
The term "myth" in sociology, however, has a non-pejorative meaning. There "myth" is defined as stories that are important for the group and not necessarily untrue. Examples include the death and resurrection of Jesus, which, to Christians, explains the means by which they are freed from sin, as well as being ostensibly a historical event.
Approaches to the study of individual religions
Methods of studying religion subjectively (in relation to one's own beliefs)
These include efforts to determine the meaning and application of "sacred" texts and beliefs in the context of the student's personal worldview. This generally takes one of three forms:
- one's own — efforts by believers to ascertain the meaning of their own sacred text or other traditions, and to conform their thoughts and actions to the principles enunciated in those traditions. For most believers, this involves a lifetime process of study, analysis, and practice. Some faiths, such as Hasidic Judaism, emphasize adherence to a set of rules and rituals. Other faiths, such as Christianity, emphasize the internalization and application of a set of abstract principles, such as Love, Justice, or Faith. Some believers interpret their scriptures literally, and apply the text exactly as it is written. Other believers try to interpret scripture and other tradition through its context, to derive abstract principles which they may apply more directly to their lives and contexts. Jesus
- another's compared to one's own — efforts by believers of one belief system attempt to describe a different belief system in terms of their own beliefs. One example of this method is in David Strauss's 1835 The Life of Jesus. Strauss's theological approach strikes from the Biblical text the descriptions of angels and miracles which, due to his presupposition that supernatural events do not occur, he does not believe could have occurred. He then concludes that the stories must have been inserted by a "supernaturalist" merely trying to make an important story more convincing. In this course of his argument, Strauss argues that the supernaturalist who inserted the angels into the story of the birth of Christ borrowed the heathen doctrine of angels from the Babylonians who had held the Jews in captivity. That is, the New Testament's fabulous role for angels "is evidently a product of the influence of the Zend religion of the Persians on the Jewish mind." Due to his presumption that supernatural events do not occur, he dismisses the possibility that both cultures came to believe in angels independently, as a result of their own experiences and context.
- another's as defined by itself — efforts by believers of one belief system to understand the heart and meaning of another faith on its own terms. This very challenging approach to understanding religion presumes that each religion is a self-consistent system whereby a set of beliefs and actions depend upon each other for coherence, and can only be understood in relation to each other. This method requires the student to investigate the philosophical, emotional, religious, and social presuppositions that adherents of another religion develop and apply in their religious life, before applying their own biases, and evaluating the other faith. For instance, an individual who personally does not believe in miracles may attempt to understand why adherents of another religion believe in miracles, and then attempt to understand how the individual's belief in miracles affects their daily life. While the individual may still himself not believe in miracles, he may begin to develop an understanding of why people of other faiths choose to believe in them.
Methods of studying religion objectively (in a scientific and religiously neutral fashion)
There are a variety of methods employed to study religion which seek to be religiously neutral. One's interpretation of these methods depends on one's approach to the relationship between religion and science, as discussed above.
- Epistemological and ontological approaches to religion deal with the very nature of how one comes to accept any belief or assumption as true on its own terms and questions such matters of the nature of reality and existence of the universe and humanity. Such an approach may begin from philosophic first principles of epistemology and philosophic logic such as the law of non-contradiction, the law of excluded middle and others. This is perhaps one of the strongest approaches as one's assumptions here will underline one's assumptions and subsequent approaches to analysis of all of the history, people, sciences (or pseudosciences), humanities and social sciences, texts, ideologies, literatures, emotions and experiences associated with religions.
- Historical, archeological, and literary approaches to religion include attempts to discover the sacred writings at the "dawn of humanity." For example, Max Müller in 1879 launched a project to translate the earliest sacred texts of Hinduism into English in the Sacred Books of the East. Müller's intent was to translate for the first time the "bright" as well as the "dark sides" of non-Christian religions into English. [http://www.sacred-texts.com/hin/sbe01/sbe01002.htm]
- Anthropological approaches include attempts to lay out the principles of native tribes that have had little contact with modern technology as in John Lubbock's The Origin of Civilization and the Primitive Condition of Man. [http://darwin.lib.cam.ac.uk/perl/nav?pclass=calent&pkey=7286]
:The term "religion" is problematic for anthropologists, and their approaches to the subject are quite varied. Some take the view that religion, particularly in less technically complex cultures, is a form of proto-science--a primitive attempt to explain and predict phenomena in the natural world, similar to modern science but less advanced.
:However, most modern anthropologists reject this view as antiquated, ethnically and intellectually chauvinistic, and unsupported by cross-cultural evidence. Science has very specific methods and aims, while the term "religion" encompasses a huge spectrum of practices, goals, and social functions. In addition to explaining the world (natural or otherwise), religions may also provide mechanisms for maintaining social and psychological well-being, and the foundations of moral/ethical, economic, and political reasoning.
:While many early anthropologists attempted to catalogue and universalize these functions and their origins, modern researchers have tended to back away from such speculation, preferring a more holistic approach: The object of study is the meaning of religious traditions and practices for the practitioners themselves--religion in context--rather than formalized theories about religion in general.
- Sociological approaches include attempts to explain the development of the ideas of morality and law, as in for example, Auguste Comte's Cours de philosophie positive hypothesizing in 1842 that people go through stages of evolution 1) obeying supernatural beings, then 2) manipulating abstract unseen forces, and finally 3) exploring more or less scientifically the social laws and practical governmental structures that work in practice. Within a sociological approach, religion is but the earliest primitive stage of discovering what is morally right and wrong in a civilized society. It is the duty of intelligent men and women everywhere to take responsibility for shaping the society without appealing to a non-existent Divinity to discover empirically what moral concepts actually work in practice, and in the process, the shapers of society must take into account that there is no Divine authority to adjudicate between what are only the opinions of men and women. Comte wrote, in translation, "It can not be necessary to prove to anybody who reads this work that Ideas govern the world, or throw it into chaos; in other words, that all social mechanism rests upon Opinions. The great political and moral crisis that societies are now undergoing is shown by a rigid analysis to arise out of intellectual anarchy." The intellectual anarchy includes the warring oppositions among the world's religions. [http://www.forum-global.de/soc/bibliot/comte/comtepositivephilosophy.htm]
- Psychological approaches. The Psychology of religion involves the gathering and classification of data (usually wide ranging) and the building of the explanations of the psychological processes underlying the religious experiences and beliefs. It includes a wide variety of researches (psychoanalytical and others) : Sigmund Freud (Oedipus Complex, Illusion), Carl Jung (Universal archetypes), Erich Fromm (Desire, Need for stable frame), William James (Personal religious experience, Pragmatism), Alfred Adler (Feeling of inferiority, Perfection), Ludwig Feuerbach (Imagination, Wishes, Fear of Death), Gordon Alport (Mature religion and Immature religion), Erik Erikson (Influence on personality development), Rudolf Otto (Non-rational experience), James Leuba (Mystical experiences and drugs).
- Philosophical approaches include attempts to derive rational classifications of the views of the world that religions preach as in Immanuel Kant's 1788 Critique of Practical Reason. Within a philosophical approach, the reason for a religious belief should be more important than the emotional attachment to the belief. [http://www.gutenberg.net/dirs/etext04/ikcpr10.txt] And in attempting to provide a reasonable basis for morality, Kant proposed the categorical imperative: "Act only on that maxim through which you can at the same time will that it should become a universal law." [http://www.gutenberg.net/dirs/etext04/ikfpm10.txt]
- Neuroscientific approaches seek to explore the apparent similarities among religious views dominant in diverse cultures that have had little or no contact, why religion is found in almost every human group, and why humans accept counterintuitive statements in the name of religion. In neuroscience, work by scientists such as Ramachandran and his colleagues from the University of California, San Diego [http://serendip.brynmawr.edu/bb/neuro/neuro01/web2/Eguae.html] suggests evidence of brain circuitry in the temporal lobe associated with intense religious experiences. See also neurotheology, the scientific study of the biological basis of spiritual experience.
- Sociological approaches include the work of Rodney Stark who has looked at the social forces that have caused religions to grow and the features of religions that have been most successful. For example, Stark, who claims to be an agnostic, hypothesizes that, before Christianity became established as the state religion of Constantinople, Christianity grew rapidly because it provided a practical framework within which non-family members would provide help to other people in the community in a barter system of mutual assistance. Similarly, evolutionary psychology approaches consider the survival advantages that religion might have given to a community of hunter-gatherers, such as unifying them within a coherent social group.
: Critics assert that this approach is inadequate insofar as it asserts that people subscribe to religions merely because of practical advantages.
- Cognitive psychological approaches take a completely different approach to explaining religion. Foremost among them is Pascal Boyer, whose book, Religion Explained, lays out the basics of his theory, and attempts to refute several previous and more direct explanations for the phenomenon of religion. Religion is taken in its widest sense (from holy mountains over ancestral spirits to monotheistic deities). An explanation is offered for human religious behaviour without making a presumption, to the positive or the negative, about the actual subject matter of the religious beliefs. Essentially, the reasoning goes that religion is a side effect to the normal functioning of certain subconscious intuitive mental faculties which normally apply to physics (enabling prediction of the arc a football will take only seconds after its release, for example), and social networks (to keep track of other people's identity, history, loyalty, etc.), and a variety of others. For instance, the same mechanism that serves to link, without explaining, an event (e.g. rustling of tall grass) with a cause (the possible presence of a predator) will help to form or sustain a belief that two random events are linked, or that an unexplained event is linked to supernatural causes. The reasoning would imply that there is no direct causal link between the subject matter of a belief (e.g. whether the ancestors watch over us) and the fact that there is such a belief.
:Critics assert that cognitive psychological approaches are unfalsifiable and hence are unscientific speculation.
For a discussion of the struggle to attain objectivity in the scientific study of religion, see Total Truth by Nancy Pearcey (ISBN 1581344589), who argues that some studies performed pursuant to these methods make claims beyond the realm of observable and verifiable phenomena, and are therefore neither scientific nor religiously neutral.
Development of religion
subconscious and Islam]]
Islam, India.]]
There are several models for understanding how religions develop.
- Models which view religion as untrue include:
- The "Dogma Selection Model," which holds that religions, although untrue in themselves, encode instructions or habits useful for survival, that these ideas "mutate" periodically as they are passed on, and they spread or die out in accord with their effectiveness at improving chances for survival.
- The "Opium of the Masses Model," in which "Religion in any shape or form is regarded as pernicious and deliberate falsehood, spread and encouraged by rulers and clerics in their own interests, since it is easier to control over the ignorant." -- Bertrand Russell Wisdom of the West (ISBN 0517690411)
- The "Theory of Religion Model," in which religion is viewed as arising from some psychological or moral pathology in religious leaders and believers.
- Models which view religion as progressively true include:
- The "Bahá'í Prophecy Model," which holds that God has sent a series of prophets to Earth, each of which brought teachings appropriate for his culture and context, but all originating from the same God, and therefore teachings the same essential message.
- The "Great Awakening Model," which holds that religion proceeds along a Hegelian dialectic of thesis, antithesis, synthesis, in cycles of approximately 80 years as a result of the interaction between four archetypal generations, by which old religious beliefs (the thesis) face new challenges for which they are unprepared (the antithesis) and adapt to create new and more sophisticated beliefs (the synthesis).
- The "A Study of History Model," which holds that prophets are given to extraordinary spiritual insight during periods of social decay and act as "surveyors of the course of secular civilization who report breaks in the road and breakdowns in the traffic, and plot a new spiritual course which will avoid those pitfalls."
- Models which view a particular religion as absolutely true include:
- The "Jewish Model", which holds that God relates to humanity through covenants; that he established a covenant with all humanity at the time of Noah called the Noahide Laws, and that he established a covenant with Israel through the Ten Commandments.
- The "Ayyavazhi Model", which states that, "All religions had their own truth on their own point and the one and same God himself incarnates in different parts and by destroying the evil forces, saved the people and thereby formed different scriptures. But as Kaliyan in Kali Yukam brought cruel boons, and proceed to the world, for the first the Ekam, 'the ultimate oneness' (the supreme God) came to the world as Vaikundar and so all the previous religious texts had lost their substance." By this it states that at present Vaikundar the only worshippable God and Akilattirattu Ammanai (scripture of Ayyavazhi) alone is living and all others were dead.
- The "Exclusivist Models," which hold that one particular is the "One True Religion," and all others are false, so that the development of the True Religion is tied inexorably to one prophet or holy book. All other religions are seen as either distortions of the original truth or original fabrications resulting from either human ignorance or imagination, or a more devious influence, such as false prophets or Satan himself.
Religion today
In the late 19th century and throughout most of the 20th century, the demographics of religion has changed a great deal.
Some historically Christian countries, particularly those in Europe, have experienced a significant decline in Christian religion, shown by declining recruitment for priesthoods and monasteries, fast-diminishing attendance at churches, synagogues, etc. Explanations for this effect include disillusionment with ideology following the ravages of World War II, the materialistic philosophical influence of science, Marxism and Humanism, and a reaction against the exclusivist claims and religious wars waged by many religious groups. This decline is apparently in parallel with increased prosperity and social well-being. It appears increasingly common for people to engage in far-ranging explorations, with many finding spiritual satisfaction outside of organized churches. This is a demographic group whose numbers are growing and whose future impact cannot be predicted.
In the United States, Latin America, and Sub-Saharan Africa, by contrast, studies show that Christianity is strong and growing stronger, and many believe those areas to have become the new "heart" of Christianity. Islam is currently the fastest growing religion, and is nearly universal in many states stretching from West Africa to Indonesia, and has grown in world influence in the West. Hinduism, Buddhism, and Shintoism remain nearly universal in the Far East, and have greatly influenced spirituality, particularly in the United States. Explanations for the growth of religion in these areas include disillusionment with the perceived failures of secular western ideologies to provide an ethical and moral framework. Believers point to perceived terrors such as Nazism, Communism, Colonialism, Secular Humanism, and Materialism, and the havoc wreaked by such movements around the world. Particularly vehement in this regard are Islamic fundamentalists, who view Western secularism as a serious threat to morality itself. They point to perceived decadence, high rates of divorce, crime, depression, and suicide as evidence of Western social decline, which they believe is caused by the abandonment of Faith by the West.
Modern reasons for adherence to religion
Typical reasons for adherence to religion include the following:
- "Experience or emotion": For many, the practice of a religion causes an emotional high that gives pleasure to them. Such emotional highs can come from the singing of traditional hymns to the trance-like states found in the practices of the Whirling Dervishes and Yoga, among others. People continue to associate with those practices that give pleasure and, in so far as it is connected with religion, join in religious organizations that provide those practices. Also, some people simply feel that their faith is true, and may not be able to explain their feelings.
- "Supernatural connection": Most religions postulate a reality which includes both the natural and the supernatural. Most adherents of religion consider this to be of critical importance, since it permits belief in unseen and otherwise potentially unknowable aspects of life, including hope of eternal life.
- "Rational analysis": For some, adherence is based on intellectual evaluation that has led them to the conclusion that the teachings of that religion most closely describe reality. Among Christians this basis for belief is often given by those influenced by C.S. Lewis and Francis Schaeffer, as well as some who teach young earth Creationism.
- "Moderation": Many religions have approaches that produce practices that place limitations on the behaviour of their adherents. This is seen by many as a positive influence, potentially protecting adherents from the destructive or even fatal excesses to which they might otherwise be susceptible. Many people from many faiths contend that their faith brings them fulfillment, peace, and joy, apart from worldly interests.
- "Authority": Most religions are authoritarian in nature, and thus provide their adherents with spiritual and moral role models, who they believe can bring highly positive influences both to adherents and society in general.
- "Moral framework": Most religions see early childhood education in religion and spirituality as essential moral and spiritual formation, whereby individuals are given a proper grounding in ethics, instilling and internalizing moral discipline.
- "Majesty and tradition": People can form positive views of religion based on the visible manifestations of religion, e.g., ceremonies which appear majestic and reassuringly constant, and ornate cloth.
- "Community and culture": Organized religions promote a sense of community. The combination of moral and cultural common ground often results in a variety of social and support networks. Some ostensibly "religious" individuals may even have a substantially secular viewpoint, but retain adherence to religious customs and viewpoints for cultural reasons, such as continuation of traditions and family unity. Judaism, for example, has a particularly strong tradition of "secular" adherents.
- "Fulfillment": Most traditional religions require sacrifice of their followers, but, in turn, the followers may gain much from their membership therein. Thus, they come away from experiences with these religions with the feeling that their needs have been filled. In fact, studies have shown that religious adherents tend to be happier and less prone to stress than non-religious people.
- "Spiritual and psychological benefits": Each religion asserts that it is a means by which its adherents may come into closer contact with God, Truth, and Spiritual Power. They all promise to free adherents from spiritual bondage, and bring them into spiritual freedom. It naturally follows that a religion which frees its adherents from deception, sin, and spiritual death will have significant mental health benefits. Abraham Maslow's research after World War II showed that Holocaust survivors tended to be those who held strong religious beliefs (not necessarily temple attendance, etc), suggesting it helped people cope in extreme circumstances. Humanistic psychology went on to investigate how religious or spiritual identity may have correlations with longer lifespan and better health. The study found that humans may particularly need religious ideas to serve various emotional needs such as the need to feel loved, the need to belong to homogeneous groups, the need for understandable explanations and the need for a guarantee of ultimate justice. Other factors may involve sense of purpose, sense of identity, sense of contact with the divine. See also Man's Search for Meaning, by Victor Frankl, detailing his experience with the importance of religion in surviving the Holocaust. Critics assert that the very fact that religion was the primary selector for research subjects may have introduced a bias, and that the fact that all subjects were holocaust survivors may also have had an effect. According to [http://www.psychiatrictimes.com/p001078.html], "more longitudinal research with better multidimensional measures will help further clarify the roles of these [religious] factors and whether they are beneficial or harmful".
- "Practical benefits": Religions may sometimes provide breadth and scale for visionary inspirations in compassion, practical charity, and moral restraint. Christianity is noted for the founding of many major universities, the creation of early hospitals, the provision of food and medical supplies to the needy, and the creation of orphanages and schools, amongst other charitable acts. Many other religions (and non-religious organisations and individuals, eg: humanistic Oxfam) have also performed equivalent or similar work.
Modern reasons for rejecting religion
Typical reasons for rejection of religion include the following:
- "Logical Contradiction": Many major world religions make the claim that they are the one true religion, and that all other religions are wrong (see Exclusivism). Logically, either one exclusive religion is right and all the others wrong, or else all exclusive religions are wrong. Since the vast majority of people believe in a religion they were taught before they were old enough to make a rational choice, it is more rational to reject all exclusive religions rather than to accept one for no better reason than an arbitrary birth.
- "Logical Irrelevancy": Many people use logic to render religion pointless, regardless of their belief in the existence of God. God, by definition, cannot fail—ergo—God is successful. Therefore we can say and do anything we want without ever being a failure, because we are a reflection of a perfect universe created by God.
- "Guilt and Fear": Many atheists, agnostics, and others see religion as a promoter of fear and conformity, causing people to adhere to it to shake the guilt and fear of either being looked down upon by others, or some form of punishment as outlined in the religious doctrines. In this way, religion can be seen as promotional of people pushing guilt onto others, or becoming fanatical (doing things they otherwise wouldn't if they were 'free' of religion), in order to shed their own guilt and fear ultimately generated by the religion itself. The "others" in this case being non-adherents to said religion. According to people who share this view, this can take forms such as: people looking down on others based on their non-adherence, to people preaching that others need something the religion can provide, all the way to global war.
- "Irrational and unbelievable creeds": Some religions postulate a reality which may be seen as stretching credulity and logic, and even some believers may have difficulty accepting particular religious assertions about nature, the supernatural and the afterlife. Some people believe the body of evidence available to humans to be insufficient to justify certain religious beliefs. They may thus disagree with religious interpretations of ethics and human purpose, and theistic views of creation. This reason has perhaps been aggravated by the protestations of some fundamentalist Christians.
- "Restrictiveness": Many religions have (or have had in the past) an approach that produces, or produced, practices that are considered by some people to be too restrictive, e.g., regulation of dress, and proscriptions on diet and activities on certain days of the week. Some feel that religion is the antithesis of prosperity, fun, enjoyment and pleasure. This causes them to reject it entirely, or to see it as only to be turned to in times of trouble.
- "Self-promotion": Some individuals place themselves in positions of power and privilege through promotion of specific religious views, e.g., the Bhagwan/Osho interlude, Reverend Moon of the Unification Church (sometimes called Moonie movement), and other controversial new religious movements pejoratively called cults. Such self-promotion has tended to reduce public confidence in many things that are called "religion." Similarly, highly publicized cases of abuse by the clergy of several religions have tended to reduce public confidence in the underlying message.
- "Promotion of ignorance": Many atheists, agnostics, and others see early childhood education in religion and spirituality as a form of brainwashing or social conditioning, essentially concurring with the Marxian view that "religion is the opiate of the masses", with addiction to it fostered when people are too young to choose.
- "Dulling of the mind against reality": Hegel, Feuerbach, and Marx developed atheist views that reality is sometimes painful, there is no God to assist people in dealing with it, and people must learn to deal with problems themselves in order to survive. Per this view, religion in modern times, while it may decrease pain in the short run by providing hope and optimism, in the long run hinders the ability of people to deal with their problems by providing false hope. Hence in 1844, in Contribution to the Critique of Hegel's 'Philosophy of Right', Marx said of religion, "It is the opiate [most likely in the traditional sense of an opium-like drug] of the masses." [http://www.marxists.org/archive/marx/works/1843/critique-hpr/intro.htm]
- "Unsuitable moral systems in mainstream religions": Some argue that simplistic absolutism taught by some religions impairs a child's moral capacity to deal with a world of complex and varied temptations in which, in reality, is different than they have been brought up to think by religion.
- "Unappealing forms of practice": People can form a negative view, based upon the manifestations of religion, e.g., ceremonies which appear boring, pointless and repetitive, arcane clothing, and exclusiveness in membership requirements.
- "Detrimental effect on government": Many atheists, agnostics, and others believe that religion, because it insists that people believe certain claims "on faith" without sufficient evidence, hinders the rational/logical thought processes necessary for effective government. For example, a leader who believes that God will intervene to save humans from environmental disasters may be less likely to attempt to reduce the risk of such disasters through human action. Also, in many countries, religious organizations have tremendous political power, and in some countries can even control government almost completely. Disillusionment with forms of theocratic government, such as practiced in Iran, can lead people to question the legitimacy of any religious beliefs used to justify non-secular government.
- "Detrimental effect on personal responsibility": Many atheists, agnostics, and others believe that many religions, because they state that God will intervene to help individuals who are in trouble, cause people to be less responsible for themselves. For example, a person who believes that God will intervene to save him if he gets into financial difficulties may conclude that it is unnecessary to be financially responsible himself. (Some believers, however, would consider this a misrepresentation of religion: they would say that God only helps people who take initiative themselves first.) This attitude can be taken to extremes: there are instances of believers refusing life-saving medical treatment (or even denying it to their children) because they believe that God will cure them. Many atheists, agnostics, and others also find the assertion that 'circumstances are overpowering because they are the will of God' to be a negation of personal responsibility.
- "Tensions between proselytizing and secularizing": Increasingly secular beliefs have been steadily on the rise in many nations. An increasing acceptance of a secular worldview, combined with efforts to prevent "religious" beliefs from influencing society and government policy, may have led to a corresponding decline in religious belief, especially of more traditional forms.
- "Cause of division and hatred": Some religions state that certain groups (particularly those that do not belong to the religion in question) are "inferior" or "sinful" and deserve contempt, persecution, and even death. For example, some Muslims believe that women are inferior to men. Some Christians share this belief. At the time of the American Civil War, many Southerners used passages from the Bible to justify slavery. The Christian religion has been used as a reason to persecute and to deny the rights of homosexuals, on the basis that God disapproves of homosexuality, and by implication homosexuals [http://www.godhatesfags.com 1]. Many people believe that those who do not share their religion will be punished for their unbelief in an afterlife. There are countless examples of people of one religion or sect using religion as an excuse to murder people with different religious beliefs. To mention just a few, there was the slaughter of the Huguenots by French Catholics in the Sixteenth Century; Hindus and Muslims killing each other when Pakistan separated from India in 1947; the persecution and killing of Shiite Muslims by Sunni Muslims in Iraq and the murder of Protestants by Catholics and vice versa in Ireland, (both of these examples in the late Twentieth Century); and the Israeli-Palestinian conflict that continues today. According to some critics of religion, these beliefs can encourage completely unnecessary conflicts and in some cases even wars. Many atheists believe that, because of this, religion is incompatible with world peace, freedom, civil rights, equality, and good government.
Approaches to relating to the beliefs of others
Adherents of particular religions deal with the differing doctrines and practices espoused by other religions in a variety ways. All strains of thought appear in different segments of all major world religions.
Exclusivism
People with exclusivist beliefs sometimes typically explain other religions as either in error, or as corruptions or counterfeits of the true faith. Examples include:
- Christian scripture states that Jesus said: "I am the way, the truth and the life. No one comes to the Father but through me." John 14:6.
- Islamic scripture states: "O you who believe, do not take certain Jews and Christians as allies; these are allies of one another. Those among you who ally themselves with these belong with them. Surely Allah does not guide the unjust people." Qur'an 5:51. and "O you who believe, do not befriend those among the recipients of previous scripture who mock and ridicule your religion, nor shall you befriend the disbelievers. You shall reverence GOD, if you are really believers." Qur'an 5:57
- Hebrew scripture states that God said to Israel through Moses: "You have seen what I did to the Egyptians, and how I bore you on eagles' wings and brought you to myself. Now, therefore, if you will obey my voice and keep my covenant, you shall be my own possession among all peoples; for all the earth is mine, and you shall be to me a kingdom of priests and a holy nation."
- Ayyavazhi scripture states: "The day at which Narayana incarnated as Vaikundar the Kali started declining; the book of perfection, Vedas and all previous scriptures lost their Substances as the Sathasivam came as Vaikundar." Akilam 12:147-150
- The Buddhist scriptures of the Dhammapada states: "The best of paths is the Eightfold Path. The best of truths are the Four Noble Truths. Non-attachment (viraga or Nirvana) is the best of states. The best of bipeds is the Seeing One. This is the only Way; there is none other for the purity of vision. Do follow this path; it is the bewilderment of Mara". Dhammapada verse 273 & 274
Exclusivist views are more completely explored in chosen people.
Inclusivism
People with inclusivist beliefs recognize some truth in all faith systems, highlighting agreements and minimizing differences, but see their own faith as in some way ultimate. Examples include:
- From Hinduism:
- A well-known Rig Vedic hymn stemming from Hinduism claims that "Truth is One, though the sages know it variously."
- Krishna, incarnation or avatar of Vishnu, the supreme God in Hinduism, said in the Gita: In whatever way men identify with Me, in the same way do I carry out their desires; men pursue My path, O Arjuna, in all ways. ([http://vedabase.net/bg/4/11 Gita: 4:11]);
Gita]
- Krishna said: "Whatever deity or form a devotee worships, I make his faith steady. However, their wishes are only granted by Me." ([http://vedabase.net/bg/7/21 Gita: 7:21-22])
- Another quote in the Gita states: "O Arjuna, even those devotees who worship other lesser deities (e.g., Devas, for example) with faith, they also worship Me, but in an improper way because I am the Supreme Being. I alone am the enjoyer of all sacrificial services (Seva, Yajna) and Lord of the universe." ([http://vedabase.net/bg/9/23 Gita: 9:23])
- From Christianity:
- Jesus said, "He who is not against me is for me." Mark 9:40.
- The Apostle Peter wrote of God: "He is patient with you, not wanting anyone to perish, but everyone to come to repentance." 2 Peter 3:9 (NIV)
- From Islam:
- The Qur'an states: "Only argue with the People of the Book in the kindest way - except in the case of those of them who do wrong - saying, 'We have faith in what has been sent down to us and what was sent down to you. Our God and your God are one and we submit to Him.'" (Holy Qur'an, Surat al-'Ankabut; 29:46)
- "Among the people of the Book there are some who have faith in God and in what has been sent down to you and what was sent down to them, and who are humble before God. They do not sell God's Signs for a paltry price. Such people will have their reward with their Lord. And God is swift at reckoning." (Holy Qur'an, Surat Al 'Imran; 3:199)
- "...You will find the people most affectionate to those who have faith are those who say, 'We are Christians.' That is because some of them are priests and monks and because they are not arrogant." (Holy Qur'an, Surat al-Ma'idah; 5:82)
Qur'an
- From Ayyavazhi
- In Akilam Narayana said to Vaikundar: "I am the one who as God is worshiped by all sects and races" (Akilam 9:Vinchai)
- Ayya states: "I will come in all scriptures" (Arul Nool)
- From Judaism:
- The Talmud states: "The righteous of all peoples have a place in the World-To-Come" (Tos. to Sanhedrin 13:2, Sifra to Leviticus 19:18), and affirms that the great majority of non-Jewish humanity will be saved, due to God's overwhelming mercy (BT Sanhedrin 105a).
- The Torah mentions a number of righteous gentiles, including Melchizedek who presided at offerings to God that Abraham made (Gen. 14:18), Job, a pagan Arab of the land of Uz who had a whole book of the Hebrew Bible devoted to him as a paragon of righteousness beloved of God (see the book of Job), and the Ninevites, the people given to cruelty and idolatry could be accepted by God when they repented (see the Book of Jonah).
- Rabbinic tradition asserts that the basic standard of righteousness was established in a covenant with Noah: anyone who keeps the seven commandments of this covenant is assured of salvation, no matter what their religion. This is standard Jewish teaching for the past two thousand years.
- From the Bahá'í Faith:
- Shoghi Effendi, the Guardian of the Bahá'í Faith states: "The fundamental principle enunciated by Bahá'u'lláh, the followers of His Faith firmly believe, is that religious truth is not absolute but relative, that Divine Revelation is a continuous and progressive process, that all the great religions of the world are divine in origin, that their basic principles are in complete harmony, that their aims and purposes are one and the same, that
Book of Deuteronomy
Deuteronomy is the fifth book of the Hebrew Bible. It is part of Judaism's Torah - the first segment of the Tanakh. It later became part of Christianity's Old Testament. Its Hebrew name is Devarim דברים ("words"), which comes from the opening phrase "Eleh ha-devarim" ("These are the words..."). The term can also stretch to mean "discourses" or "talks", as is generally the case with the Greek word "logos".
Origin of the name Deuteronomy
The English name, "Deuteronomy", comes from the name which the book bears in the Septuagint (Δευτερονόμιον) and in the Vulgate (Deuteronomium). This is based upon the erroneous Septuagint rendering of "mishneh ha-torah ha-zot" (xvii. 18), which grammatically can mean only "a repetition [that is, a copy] of this law," but which is rendered by the Septuagint τὸ Δευτερονόμιον τοῦτο, as though the expression meant "this repetition of the law." While, however, the name is thus a mistranslation, it is not inappropriate; for the book does include, by the side of much new material, a repetition or reformulation of a large part of the laws found in the non-priestly sections of Exodus.
Summary of the book
Deuteronomy consists chiefly of three discourses said to have been delivered by Moses a short time before his death, given to the Israelites, in the plains of Moab, in the penultimate month of the final year of their wanderings through the wilderness.
The first discourse (1-4) is a historical recollection, recapitulating the chief events of the past forty years in the wilderness, with earnest hortatory exhortations to obedience to the divine ordinances, and warnings against the danger of forsaking the God of their fathers.
The second discourse (5-26) is, in effect, the main body of the whole book, and is composed of two distinct addresses. The first of these (5-11), forms a second introduction, expanding on the Ten Commandments given at Mount Sinai. This other, second, address (12-26) is the Deuteronomic Code, a series of mitzvot (commands), forming extensive laws, admonitions, and injunctions to the Israelites, regarding how they ought to conduct themselves in Canaan, the land they regard to have been promised by Yahweh as their permanent home.
The concluding third discourse (27-30) is hortatory, relating almost wholly to the solemn sanctions of the law, the blessings to the obedient, and the curse that would fall on the rebellious. In this discourse, the Israelites are solemnly adjured to adhere faithfully to the covenant between them and Yahweh, and so secure for themselves, and for their posterity, the promised blessings.
After the final discourse, the text describes Moses preparing himself to die. As the main part of preparation, Moses is described as conditionally renewing the covenant between Yahweh and the Israelites, the condition being the loyalty of the people, and at the same time, Joshua is also appointed by Moses as heir, a leader to lead the people into Canaan.
These addresses to the people are followed by what is generally regarded as three short appendices, namely:
- The Song of Moses, apparently being created by Moses by the request of Yahweh (32:1-47).
- The Blessing of Moses, which is pronounced upon the individual tribes of Israel (33)
- The story of the death of Moses (32:48-52), and subsequent burial (34).
Analysis of authorship
Early Jewish analysis
Several Talmud rabbis were the first to notice problems concerning the supposed premise that Moses wrote the entire five books of the torah. Basing themselves on this premise, they asked how he could possibly have written the text describing his own death and burial, as well as describing, after his own death, that ... there arose not a prophet since in Israel like unto Moses. While some contended that he wrote them prophetically, the dominant opinion, of these rabbis, seems to be that Joshua wrote them, and appended them to the text.
Later Jewish biblical exegetes, such as Abraham ibn Ezra (c.1093 - 1167) also noted the distinctly different meditative style, and language, of Deuteronomy and stated that a number of verses must have been written by a later author, again, probably, in their view, Joshua. Similarly, in his introduction to Deuteronomy, Don Isaac Abravanel (1437 - 1508) was adamant that the book had a different author, than did the first four books of the Pentateuch. Both ibn Ezra, and Don Abravanel, prefigured more contemporary exponents of multiple authorship.
These writers had no problem identifying a period for the text to have been written within. At the end of the 2 Kings, there is an enigmatic story of the religious reform conducted during the reign of King Josiah, also recounted more briefly in the 2 Chronicles 34:3. After eradicating the rival cultic centres to Jerusalem, Josiah purged the Temple in Jerusalem of pagan influences (621 BC). During the process of cleansing, Hilkiah, the High Priest, found a lost scroll of the Torah, whose laws were happily in complete accord with the reforms then bei | | |