Homoreligiosus is the term applied to a species that makes religions. From the time of the Neanderthals, some funeral rites were performed when a member of the tribe died. The member was buried in a certain way to fulfill a ritual of religious principles developed in a systematic way to deal with death. Religious rituals were carried out in all corners of the earth during the past 100,000 years. These religious rituals were carried out in different ways, which eventually became tradition. Then, with the growing demands of increasingly complex societies, these religious traditions became religious systems. And we are all influenced by religious systems, if we consider ourselves to be religious or not, because the religious system is an integral part of society.
Our lives are influenced by other systems in our society, and society of others, as the health system, the monetary system, political system, the defense of the protection system, the legal system and many others. The fact that human beings in a society can be organized, and the processes that occur to them, in different systems is a function of differentiation that occurs in a society when it becomes more complex. The more complex a society, the greater the need for organization of society functions in different systems.
The need for legal systems is also a function of human beings living in a society. Since the first legal oral traditions, the law has been essential to the maintenance of legal norms of a society. The more complex relationship in a society become, the more complex of the traditions of law and are they also form a system within society.
Sometimes the legal system is a tool of the political and sometimes religious system is a tool of political system or vice versa, but whatever form the relationship is, there is always a relationship between the legal system and religious system. For centuries, the legal system and the religious system have clashed, cooperated, and chased each other.
In communist China, in 1949, the religious system, composed of Christians, Buddhists, Taoists, Confucians and many other traditions that was not tolerated by the communist regime, using the judicial system to suppress all religion. Mao declared that "religion is poison." Again, the suppression of the religious system led to some of the traditions of taking a defensive posture, but even that went underground at the time of 1957-1958, and again during the Cultural Revolution of 1966-76. However, since 1987, the religious establishment has tolerated more in communist China.
Between the two polarities is the relationship between the legal system and the religious system, where the two systems coexist both the Constitution and voluntarily. The United States of America is a good example of a state where the legal system and the system of religious coexistence and coexistence is constitutionally entrenched. In 1791, the Constitution of the newly formed United States was amended by a proposal to Congress, and ...