Centrul de Drept Constituțional și Instituţii Politice (CDCIP)

Nasty VLĂDOIU – Fundamental Liberties versus Religious Commandments?

This paper approach is trying to capture some aspects of the social dimensions of the concepts of law and religion, the relationship between them and their interaction with other dimensions such as the economical one, the political one and the ideological one. The analysis is made mostly on the interactive relation between law and religion, being watched the position of the human factor as a zone of real interest. Punctual, it is reached the analysis of the social product as result of the telluric or divine justice. The legal rule or the legal commandment, as basic cell of law, and the religion, or the religious commandment, as basic cell of religion, although they have common basis, namely the morality, they produce different effects. Since one of them commands an attitude of the soul, and the other one outlines a relation which appears when it is manifested a fact about another person, we can differently analyze the two types of commandments. Our opinion, that the Constitution is the Bible of the fundamental rights and freedoms, and the Bible is the Constitution of Religion, may be criticized in the future. These criticisms will be justified only if the religions will not be explained through a new approach, in perfect compatibility with science in general and life sciences in particular. Placing the human between dogma and truth will make him choose, and for this choice, he will have to be prepared rationally. At a certain moment there will have to be made a distinction between religion and faith, because if the religion will confront the impossibility to convince, teaching faith should be made through rational demonstration and with its help. This writing invites, we believe, to deep analysis and reflections, the reader having free will in customizing it, passing through the filter of reason, the answer to the question ,,Fundamental Freedoms versus Religious Commandments?”