Why Spirituality Matters for Law: An Explanation

36 Pages Posted: 20 Jun 2019

See all articles by Rafael Domingo

Rafael Domingo

University of Navarra - School of Law

Date Written: June 14, 2019

Abstract

In this article, I explore potential connections between law and spirituality as well as some of the legal implications of these connections. After arguing that spirituality is conceptually autonomous from religion and morality, I explain why the spiritual triad of love, communion, and gift is deeply interconnected with the legal triad of justice, agreement, and right. I also make clear why individual and collective intentions and cultural values are the main channels of interaction between law and spirituality. In the second part of the article, I argue that legal systems evolve through spiritualization, among other ways, promoting the dematerialization of the legal system, encouraging the limitation of domination, inspiring the reduction of coercion, stimulating communion and consensus in society, or increasing respect for the law and the legal systems. Spiritualization demands a recognition of the higher dimension of the law and, therefore, helps rethink, reorient, renew, reform, and reimagine law and legal systems. Finally, I sketch a pattern of five levels to measure the degree of spiritualization of concrete legal systems. This pattern can be also applied to legal actors and institutions.

Keywords: spirituality, law, legal system, intention, values, globalization, morality, religion, love, communion, justice, gift

Suggested Citation

Domingo Osle, Rafael, Why Spirituality Matters for Law: An Explanation (June 14, 2019). Available at SSRN: https://ssrn.com/abstract=3404225 or http://dx.doi.org/10.2139/ssrn.3404225

Rafael Domingo Osle (Contact Author)

University of Navarra - School of Law ( email )

Universidad de Navarra
Campus Universitario
Pamplona, Navarra 31009
Spain

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