The religious origins of the rule of law

Abstract

The background conditions for the emergence of the rule of law are important but underdeveloped. This paper discusses current theories of the origin of the rule of law, arguing that they are useful but incomplete. In addition to those theories, the Jewish and Christian concept of all human beings as God's image bearers is an important contributor to the rule of law in Western civilization. The formulation of universal human equality is not, however, a sufficient condition for the emergence of the rule of law. The concept has taken centuries of articulation in different institutions and social settings. It only reached full fruition when it was joined with an understanding of appropriate legal and political systems as expressed by political theorists such as Locke, Montesquieu, and Madison.

Why is the West unique in linking religiosity to market friendliness?

“…These empirical investigations into the relationship between religious denomination or religiosity and economic attitudes have found Western Christianity to be unique; however, their focus is not religiosity as such but religious denomination. The claim that Western Christianity shaped Western institutions (Siedentop, 2014; Hill, 2019), as well as the claim that state–church relations in the West are fundamentally different from those in the rest of the world (Rubin, 2017), have a long history, and their review would go well beyond the scope of a single article. Most importantly, Weber (1904/5) argued that a Protestant ‘everyday’ theology helped create the motives to accumulate and work hard, which, he thought, were needed for ‘capitalism’.…”

Do political or ethnic and historical borders affect values and beliefs more? Some evidence from Central Europe

“…Another reason for the depth and slow-changing nature of culture is that 'many norms are rooted in religions' (Roland 2004: 117). Christianity and Judaism might be exceptional in providing an ethical basis for human freedom (Siedentop 2014;Hill 2019), but Christianity's political-economic history is also different from Islam in a way that creates a fertile soil for political freedom and for thinking about it (Rubin 2017). Anyway, the economic beliefs of individuals are indeed influenced by religion and religiosity (Guiso et al 2003).…”