Academia.eduAcademia.edu

İhad_2007.9 Hıristiyan Hukuku / The Christian Law , Tuncay Başoğlu

Abstract

This article ai m s to present a general outlook about the Christian law with its variety of understandings as developed in the history of Christianity. lts goal is not to lay out a detailed account about the histarical development of the canon law, nor it confines itself to it, but attempts to depict the "Christian" understanding(s) of law through the views of some important theologians and founders of sects. lt alsa tries to make a critica! analysis and evaluation of the Christian attitude towards law, indicaling the breaking points in the Western legal history. lt is argued that Christian law didn't follow a natural and ordinary way in its developı:nent, as an unfolding of Biblical law and examplary life of the Messenger, but there were important breakages as well as breakdowns in the early history of Christianity affecting the directian of its religious community and law, under the impact of Roman imperial politico-theological policies. Thus, the acceptance of trinity and deification of jesus became effective in the transformatian of Christian world view as well as the understanding of law and politics in the Christian community. This re-direction of Christianity prevented formatian of a religious law depending exclusively on the authority of the Bible and the prophetic exemplary. Rather, a kind of dislike and contempt of law developed through the separation of worldly and spiritual realms. On the other hand, the attempts of an institutional structure, namely the Church to fill the gap through councils and its various legislative acts, resembling the use of the authority by a secular state, formed one of the interactive causes of legal and political fluctuations and struggles in th~Western history.