Theological Theory of Law in Modern Legal Understanding

Abstract

This article touches upon the topic of the theological theory of law, which recently many authors either neglect completely, or its significance is reduced to a relic of religious ideology or an undeveloped legal system of ancient states. However, the theory and practice of law enforcement clearly shows the opposite. Many legal concepts, such as formal legal equality, the inevitability of punishment, the rule of law and freedom, have theological origins. Theological understanding of these definitions reveals their true meaning. The moral component, which is directly indicated in many legal acts, can also be interpreted exclusively in the context of religious norms. All these theoretical positions are supported by practical examples. This article also shows the prospect of the development of the theological theory of law in modern jurisprudence. First of all, it is its ideological and moral strength, which is able to lay the foundation for a correct understanding of law and good ways of its application. Examples of necessary legislative changes and proposals for supplementing educational programs in jurisprudence are given. All this allows us to assert that the theological theory of law retains its continuity in modern legal understanding. The divine theory of law still has great potential for the implementation and implementation of its individual elements in the current law of the Russian Federation. This can lead to an increase in the humaneness of legislation and the improvement of the protection of the rights and freedoms of citizens.