Jurisprudence and Theology by Joseph E. David

Author:Joseph E. David
Language: eng
Format: epub
Publisher: Springer International Publishing, Cham

These three approaches illustrate that religious legalism is inherently linked to a dual-stratum structure or the division of the entire body of law into two categories: (1) The law known through explicit revelation; and (2) The implicit, derivative law known through the jurists’ intellectual efforts that captures the dialectic notion of divine law in human hands. Legal norms of the first category are transparent and knowable to the entire community of believers, certain, and therefore indisputable. Conversely, propositions of the second category are subject to a wide range of interpretations. Therefore they are not only disputable but epistemologically at best only plausible. The dual-stratum structure also projects far-reaching sociological implications. It decisively supports the privileged status of the legal experts. In terms of sociological theory, such a structure provides the preconditions for the necessity of clerical expertise. Put differently, this structure represents the endeavor to reserve legal exegesis for an exclusive group of experts.

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