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THE DEVELOPMENT OF LAW IN INDIA

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Kulcsar K.

Tarsadalomkutatas (Social Science Research)

2008

vol. 25

issue 1

57-82

Society is the decisive force in the relationship between law and society, with its historically developed specificities, economic, political and cultural features. In the early history of a culture and in its first, longer and shorter period of development the social emergence of law is usually related to the given culture and to politics appearing within it, as well as with the unfolding of religion. Consequently politics and its organisation (even if at a rudimentary stage) develop jointly, and law mostly has a religious nature. (Kulcsar, 1982). At a later phase of development religion, politics and law are separated, and are distanced from each other at a pace depending on the speed of cultural development. The relationship between politics and law, however, endures and persists, while religion would be distanced after some shorter or longer period of time, with the emergence of civil society. If they remain in a closer relationship due to the nature of the given society and under cultural effects, the influence of religion, besides politics, would be felt more strongly in law. In the present-day India religion and politics are still significantly linked, despite some signs to the contrary. According to the author's personal experience the country did not present itself as religious in the common sense of the term, yet several religious traditions (Buddhism, Hinduism, etc.) have been markedly present in thinking. Traditional Hindu religion is still very strong in the country, and its significance has politically grown.

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1 Tarsadalomkutatas (Social Science Research)

1 Kulcsar K.

1 2008

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THE DEVELOPMENT OF LAW IN INDIA