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Law and Religion

From the early periods of human civilization, the concepts of law and religion have

developed to regulate many aspects of life. Initially, the principles of natural law influenced the

decisions made by the traditional forms of authority. The making of law derives its power from

the people through the application of the social contract theory. Consequently, the law and

religion govern the duality of reality and morality. Due to the geographical and cultural

differences, people subscribe to different beliefs and legal methods. Despite the disparity, both

concepts aim to control all the facets of human life. As a result, the law and religion are in

constant competition for jurisdiction and authority. However, the role of either is denied by a

section of the community based on personal or theoretical foundations. The novel, Crime and

Punishment by Dostoevsky, explores the various religious issues through the psychological lives

of the characters. Throughout the book, the dichotomy between the law and religion is evident

and the role they play in each system.

Primarily, the novel develops the themes of morality and crime in the society. The main

protagonist, Raskolnikov, is a former student with a conflicted state of mind (Dostoevsky 1).

However, he is a strong and intelligent young man. Due to his tribulations, including failing to

pay his rent, he decides to commit a crime. In the process, he goes to the residence of a

pawnbroker to collect money to plan his illegal objectives. Afterward, Raskolnikov passes

through many drinking bars where he learns of the various challenges afflicting other parties

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including prostitution, corruption, and disease. Significantly, he overhears a person claiming that

the plight of the town would improve if the pawnbroker died. Subsequently, he plots the best

method to kill the old lady and proceeds to murder her as well as her sister who had witnessed

the incident.

After the murders, Raskolnikov experiences mental anguish due to his recollection of the

killings. As a result, many people suspected him of the crimes due to his apprehensiveness when

the victims are mentioned. In brief, the behavior continues throughout the set as the police

question the many suspects. Moreover, due to the guilt arising from the murders, he asks Dunya

to read the story of Lazarus from the Bible. It is imperative to note that the part highlights the

miracles of Jesus in which he raised a dead man from the grave. Therefore, the novel, Crime and

Punishment, raises many fundamental issues on the role of law and religion in the society.

The relationship of the law and religion is influenced significantly by the different views

on morality. In early times, there was little distinction between morality and the law. However,

with the development of human civilization, the legal expectations outweighed religious

teachings (Petrazycki 34). For instance, people are compelled to follow the law or face the

consequences including a jail term. On the other hand, the legislated statutes may fail to respect

religion, but they are binding. In the present case, Raskolnikov committed murder which is

shunned in both fields. In many instances, many criminal acts are considered to be legally and

morally wrong. Religious books and practices outline the conduct to be adhered to by their

members. However, they lack the legal means to enforce a variety of punitive actions. On the

other hand, the law through police officers and courts can effectively regulate human conduct

that is prescribed by the statutes and the Constitution. For example, the story of Raskolnikov

ends with him being in jail in Siberia serving a long sentence.

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Secondly, the conception of what constitutes a crime is important in the development of

the law and religion. In all civilizations, the law developed from the deity and religious beliefs of

the people. For instance, the natural-law theory indicates that nature endows the rights enjoyed

by human beings (D'Entreves 6). Central to the theme, advocates argue that the power is derived

from God. As a result, the behavior of the society must respect the creation of humankind by

God. Consequently, most of the outlawed criminal activities are based from religious teachings

including murder and theft. However, with time, positive law developed; and it failed to consider

the impact of morality on the law. Despite these differences, both the law and religion seek to

protect the primary values of life. The conduct of Raskolnikov is against the religious beliefs he

practices and the law of the land. Murder is prohibited in Christianity as well as the country’s

criminal codes. Nevertheless, the church or its leadership lacks the mechanism to demand neither

compliance nor the means to punish the wrongdoers. While he feels remorseful due to his guilty

conscience, the courts still punish him for his crimes. It is imperative to note that because he

confessed to the murders, Raskolnikov avoided the death sentence and was sentenced to a jail

term.

In addition, the enforcement of laws is a significant aspect discussed in Crime and

Punishment. The setting of the story highlights the many challenges encumbering the society

including poverty, gambling, and disease. As mentioned earlier, the social contract theory

contributed to the growth of organized civilizations. The people believed due to the inherent

virtue of being evil, the formation of a political government will protect them. The surrender of

some rights to the ruler enabled them to enjoy protection and performance of the remaining

freedoms. Moreover, due to the increase in competition, people were more likely to turn violent

and deprive others of the properties and life. Consequently, the adoption of political power led to

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the establishment of early civilizations. In the present case, the exercise of the power is limited to

the government. However, Raskolnikov aimed to bring social order into the society by exercising

the power individually. The murder of the pawnbroker was influenced by what he had overheard

from others that the community will be a better place without the old woman. Evidently, in the

end, he was imprisoned because of his unlawful actions.

While the components of religion and laws are to a great extent similar, the

conceptualization of punishment is significantly different. At the end of the story, Crime and

Punishment highlights the predicament of the protagonist. The operational method of the law

requires the law enforcement officers to collect enough evidence to convict a person (Sandberg

139). As mentioned earlier, while he escaped from the crime scene, some people were able to

identify him although not positively. For instance, despite the fact that many people suspected

Raskolnikov of the murders, they could not arrest him on mere suspicion. After the murders, he

went to great lengths to conceal the crime by hiding the weapons used in the homicide. The

availability of evidence determines whether a crime can be prosecuted. Further, due to the mental

anguish that engulfed Raskolnikov, he offered to confess for his actions. Consequently, the

judges convicted him to jail to serve time.

Conversely, religion lacks punitive criminal punishments. In many religious, followers

are absolved of all their indiscretions if they appeal to the deity. For example, Christians believe

in confessions and prayers to deal with the liability arising from their actions. Hence, the novel

applies the law to enforce acceptable behavior. Despite the differences in the application of the

law and religion, the fundamental underlying principle is justice. However, the concept is

abstract like the foundations it is based on. Many communities have different measures of the

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theory of fairness. Imperatively, both laws and religion aim to ensure similar conduct among all

people. Nevertheless, in practice, the results are different from the theoretical conceptualizations.

In conclusion, the character of Raskolnikov highlights the interplay of religion and the

law in the society. Due to human nature, people are predisposed to engage in outlawed activities.

For instance, religion relies on diverse holy books and practices to enforce positive behavior

while the state uses the constitution and statutes. In the present case, the commission of murder is

prohibited in both categories. While Raskolnikov initially confesses to his friends, he was only

convicted after his confession was admitted to the court. On the other hand, religion lacks the

means of enforcing punitive measures to guilty persons. Despite the differences, the goals of

both religion and the law are largely similar in demanding justice and the well-being for all

members of the society. Therefore, both concepts complement each other in regulating human

conduct in the community.

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Works Cited

D'Entreves, Alexander Passerin. Natural Law: An Introduction to Legal Philosophy. Routledge,

2017.

Dostoevsky, Fyodor. Crime and Punishment. Penguin UK, 2014.

Petrazycki, Leon. Law and Morality. Routledge, 2017.

Sandberg, Russell. Law and Religion. Cambridge University Press, 2011.

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