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The Influence of Religion on
Law
by the Rt. Hon. Lord Denning
In primitive societies the influence of
religion on law was obvious, but it is not so obvious in modern societies. In
primitive communities religion, morals and law were indistinguishably mixed
together. In the Ten Commandments, for instance, you find the First
Commandment, which is religious: "God spake these words and said, ‘I am
the Lord thy God: Thou shalt have none other Gods but me.’ " You find the
Fifth Commandment, which is a moral precept: "Honour thy father and thy mother,
that thy days may be long in the land which the Lord thy God giveth thee." You
find the Eighth Commandment, which is a legal duty: "Thou shalt not steal."
This intermingling is typical of all early communities. The severance of these
ideas—of law from morality, and of religion from law — belongs very
distinctly to the later stages of the evolution of modern thought.
This severance has gone a great way. Many
people now think that religion and law have nothing in common. the law, they
say, governs our dealings with our fellows, whereas religion concerns our
dealings with God. Likewise, they hold that law has nothing to do with
morality. Law lays down rigid rules which must be obeyed without questioning
whether they are right or wrong. Its function is to keep order, not to do
justice.
The severance has, I think, gone much too far.
Although religion, law and morals can be separated, they are nevertheless still
very much dependent on one another. Without religion, there can be no morality,
there can be no law. I shall try to show you how many of the fundamental
principles of our law have been derived from the Christian religion. In so
doing I will try to indicate how they are challenged by a changing world which
knows no religion, or which at best treats religion as something which is of no
moment in practical affairs.
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