Comparative law : relationship between law and religion

Extract

[...] Contrary to this, customary courts are structured with a jurisdiction for handling such cases. Settling the dispute in this regard may have the judgment for adultery be at the customary judge discretion. The customary judge, who is often a trained lawyer, may solve the issue by sentencing the offender to a stipulated number of years or month imprisonment. Killing as a resolution for adultery cases is completely prohibited in Nigeria (Khoso, et al., n.d.). From these two cases, the religious and ethical differences are easily visible. [...]

[...] Regarding the issue of working across boundaries when it comes to civil or common law, an English solicitor once remarked that “There is no difference between civil law and common law which matters” (Glenn, 2001: 984). On another incidence, it was observed by a French avocat that differences of common law and civil law no longer create communication problems which are detrimental to the effectiveness of our representation of clients” according to Glenn (2001: 984), while a United States attorney noted that “advising on foreign law is no different from advising on domestic law. If a lawyer learns an area of the law, whether it is domestic or foreign, the lawyer will advise on it. [...]

[...] Literature and Discussion Typically, there is a complex relationship between law and religion and that is why the assertion compares non-European methods of dispute settlement with healing rituals. African laws can be used to illustrate the same issue in this regard. The recognition of supernatural as well as cosmic forces particularly at different levels forms the basis of the healing rituals asserted. African indigenous religions are complex, but they have been modified to link the order of nature that people are required to abide by, and under which disputes could be resolved. [...]

[...] Some unethical practices, whether legal or religious need to be eliminated. This could be achieved by formulation an international article that governs the way legal systems work around the world. Inhuman legal practices would thus be eliminated. The basic essence of law especially in the settlement of dispute should be the protection and preservation of people's life and wellbeing rather than destroying them. The law should work in a way that people respect and embrace it, but not fear it. [...]

[...] Typically, the performance of actions that are religiously ritualized is very key to dispute solution from a religious context. These aspects can be clearly seen in the Islamic law as well as the Hindus' dharma system (Menski, 2006: 414). The Christian religion may differ significantly in this regard since it works based on personal will in regard to personal beliefs as far as the religion is concerned. While there exist significant differences between various dispute settlement methods from the international scope, all the dispute settlement devices are meant to achieve a common goal, although the method of handling the dispute is considerably different. [...]