Detalle Publicación

ARTÍCULO

Why Spirituality Matters for Law: An Explanation

Título de la revista: JOURNAL OF LAW AND RELIGION
ISSN: 0748-0814
Volumen: 8
Número: 2
Páginas: 326 - 349
Fecha de publicación: 2019
Resumen:
In this article, I explore potential connections between law and spirituality as well as some of the legal implications of these connections. After arguing that spirituality is conceptually autonomous from religion and morality, I explain why the spiritual triad of love, communion, and gift is deeply interconnected with the legal triad of justice, agreement, and right. I also make clear why individual and collective intentions and cultural values are the main channels of interaction between law and spirituality. In the second part of the article, I argue that legal systems evolve through spiritualization, among other ways, promoting the dematerialization of the legal system, encouraging the limitation of domination, inspiring the reduction of coercion, stimulating communion and consensus in society, or increasing respect for the law and the legal systems. Spiritualization demands a recognition of the higher dimension of the law and, therefore, helps rethink, reorient, renew, reform, and reimagine law and legal systems. Finally, I sketch a pattern of five levels to measure the degree of spiritualization of concrete legal systems. This pattern can also be applied to legal actors and institutions.