O sagrado na esfera pública: religião, direito e Estado laico

Abstract

The purpose of this work is to study the relationship between religion, law and political community in the past and in the present. We therefore seek to demonstrate that with regard to the establishment of a minimum order within a human community, the rule of law seems to always have existed. This research paper also aims to focus on anthropological, historical, philosophical and political aspects of the interrelationship between religion, law and political community over the centuries. Furthermore, we seek to describe the secularization process which, at least in the Western world, has become a determining factor for the separation between the religious and the temporal spheres which led to the emergence of the so-called secular state, bringing to light some sociological and philosophical positions on this phenomenon. Within this context, we attempt to outline the canonical and the civil status of the relationship between religion and the State by describing how the Church addresses such issue. We also outline some of the various types of laicity adopted by Western nations. Finally, this paper speculates about the place to be occupied by religion in a democratic rule of law and the contributions that the religious thought can make to perfecting justice and to human dignity in the present times