Instituția jurământului - considerații teologice și juridice
The Institution of the Oath - Theological and Legal Considerations

Author(s): Cosmin Santi
Subject(s): Canon Law / Church Law
Published by: Universul Juridic
Keywords: Oath; Declaration; Religion; State; Church; Perjury; Ethics; Freedom; Morality;
Summary/Abstract: In general, a religious oath reflects a person’s devotion and obligations to their faith and may involve promises to abide by religious precepts and principles. The oath is eminently religious and sacred in character, has a profound dimension and means taking God as one’s witness, for it is the form by which one asks for and receives divine power in the performance of a work that is difficult to accomplish with one’s own strength. The oath is an liturgical act, because it includes a reverence for God, so that he may assure, guarantee and clarify a situation where we lack the means to give full assurance and clarify the matter definitively. A civil or secular oath is a solemn declaration by which a person makes a commitment or responsibility to the state, the community or an organisation, without necessarily involving religious or spiritual matters. Both types of oath have an impact on society, contributing to moral stability and respect for fundamental values. Religious and secular oath are expressions of human commitment to Christian and social values, whether based on belief in divinity or on secular principles, which influence the way people live their lives and contribute to building a just and responsible society. In many jurisdictions, there are alternative options, such as taking a secular oath or solemn affirmation, to take account of the diversity of beliefs and respect the principle of separation the religious and state domain. Debates in this area continue to explore ways to maintain the balance between religious freedom and ensuring an accessible and inclusive legal system for all people.

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