Why Western Law Theories Do Not Settle Religious Issues?

Abstract

The present study addresses the difficulty regarded on the gap between ideal/real on law and religion phenomena, and seeks to understand the motives and reasons for the inability of the western legal framework to deal with problems arising from religious practices. The paper starts from the assumption that mankind is not defined solely through social objects in which manifests itself in compact and concentrated way. There is a transverse dimension on humankind that works in active or latent way in the entire thickness of social reality, which does not fit in the immanence of Law. The transversality of religion and its reverberations in other spheres of human life is bounden to review the issue of deontological nexus that exists in the law. Thus, in this study concluding remarks, the problem of the gap on “Is-Ought problem” prevailing on Law Theory, may be primarily located in the binomial relation “Religion-praxis/Law-techné”.