Religious origins of the rule of law conception in the United States

  • R. M. Allalyev Plekhanov Russian University of Economics
Keywords: The rule of law, natural law theory, the United States, theology, Calvinism.

Abstract

At the ideological level, the protection of human rights and freedoms in the United States is proclaimed as a political, legal and moral axiom. It has become a generally accepted view that the rule of law conception reflects the meaning and content of the US legal system, which is based on the original values of the American people
.
The ideological source of the rule of law conception in the United States was the theological direction of natural law theory. The theological direction, based in the United States on the doctrines of Calvinism, developed an attitude to law as a supernatural entity that is not subject to the state. The article considers the influence of these ideas on the formation of the modern rule of law conception in the United States. It is impossible to give a comprehensive and correct definition of the rule of law that included all the meanings of the concept and its equivalents in all languages. This creates an analogy with large-scale sacred concepts, such as “God”. It can be said that the concept “rule of law” is definitely similar in this sense to the concept “God”, which is also inclusive in its sphere, and means the objectified supernatural entity that is the object of worship and the source of the good.

Downloads

Download data is not yet available.

Author Biography

R. M. Allalyev, Plekhanov Russian University of Economics

Senior Lecturer, Plekhanov Russian University of Economics

References

Alexander Hamilton. (1775). "The Farmer Refuted," February 23, in Harold Coffin Syrett, ed., The Papers of Alexander Hamilton, 1768–1778, Vol. 1 (New York: Columbia University Press, 1961–1987).

Braudel F. (2008). Grammar of civilizations. M.: Whole world, P. 453

Brody D.E. (1978). The American Legal System: Concepts and Principles. Lexington.

cqueville, Alexis de. (2000). Democracy in America. Chicago: The University of Chicago Press. 2000. - 772 p.

Edward H. Levi. (1948). An Introduction to Legal Reasoning (Chicago: University of Chicago Press.

Eric G. Zahnd. (1996). Defense of Equity in Aristotelianism and Anglo-American Law, Duke University Press.

Gedicks, Frederick. (2009). An Originalist Defense of Substantive Due Process: Magna Carta, Higher-Law Constitutionalism, and the Fifth Amendment", Emory Law Journal, vol. 58, pp. 585–673.

Gunnar Myrdal. (1944). An American Dilemma: The Negro Dilemma: The Negro Problem and Modern Democracy (New York: Harper, 1944), p. 4.

Karimsky A.M. (1976). The Revolution of 1776 and the formation of American philosophy. M.: Thought, 296 p.

Khomsky N. (2014). The system of government. Talks about global democratic uprisings and new challenges of the American Empire. KoLibri, P. 37.

Matusevich E. Jean Gerson. (2016). (1363-1429) and the history of law in England. Electronic philosophical journal Vox. Issue 21.http://vox-journal.org/content/Vox%2021/Vox21-Matusevich.pdf (Access date 23.01.2017).

Paul Johnson. (1958). "The Almost-Chosen People", Vol. 9, No. 5, p. 88.

Phillips O.H., Jackson P.O. (1987). Hood Phillips Constitutional and Administrative Law. 7th ed, P. 37.

Pokrovsky N.E. (1989). Early American philosophy. Puritanism. M.: Higher Sch., 246 p.

Shumilov V. M. (2006). Legal system of the United States. 2nd ed., rev. and exp. - M.: International Relationship, 2006. - 408 p.
Published
2018-06-29
How to Cite
Allalyev, R. (2018). Religious origins of the rule of law conception in the United States. Amazonia Investiga, 7(14), 212-217. Retrieved from https://amazoniainvestiga.info/index.php/amazonia/article/view/508
Section
Articles
Bookmark and Share