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Religion, law and development: Islam and Christianity--Why is it in Occident and not in the Orient that man invented the institutions of freedom?

Author

Listed:
  • François Facchini

    (CES - Centre d'économie de la Sorbonne - UP1 - Université Paris 1 Panthéon-Sorbonne - CNRS - Centre National de la Recherche Scientifique)

Abstract

This article answers the following question: Why were institutions of freedom not invented in the Orient but in occident? It upholds that Christianity predisposed the West to discover institutions of freedom when Islam didn't. In the first section it explains the decline and economic rise of the Orient and Occident as derived from Kant's hypothesis (I.1) and geographical conditions (I.2). It explains in the second section the invention of institutions of freedom in Europe by two moral innovations: the secularising of law and the invention of the individual (II). The secularising of law was the result of Christian property theology which recognised man's place in God's creation (II.1). Secularising of politics and the Christians' desire for autonomy vis-à-vis political authorities originated in individual rights being conceived as normal and incited man to insist upon respect from public authorities. The advent of individual rights was at the origin of the implementation of a secular constitutional right applying to all men, even the sovereign (II.2.2). The third section explains why political and social Islam did not predispose Muslims to discover the institutions of freedom, capitalism. Islamic law distanced the Orient from capitalism as it developed a religion of community salvation hostile to individualism and its rights (III.1); it never disassociated the rule of God from the rule of law (III.2) and it did not consider individual rights sacred or private property (III.3). The article concludes with the way in which economic theory could conceive of the religion variable in economic growth and development (IV).

Suggested Citation

  • François Facchini, 2010. "Religion, law and development: Islam and Christianity--Why is it in Occident and not in the Orient that man invented the institutions of freedom?," Post-Print hal-00432954, HAL.
    • Handle: RePEc:hal:journl:hal-00432954
    DOI: 10.1007/s10657-009-9113-y
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    Cited by:

    1. Niklas Potrafke, 2016. "Policies against human trafficking: the role of religion and political institutions," Economics of Governance, Springer, vol. 17(4), pages 353-386, November.
    2. François Facchini, 2011. "Economic freedom in Muslim countries: an explanation using the theory of institutional path dependency," Documents de travail du Centre d'Economie de la Sorbonne 11015, Université Panthéon-Sorbonne (Paris 1), Centre d'Economie de la Sorbonne.
    3. Berggren, Niclas & Bjørnskov, Christian, 2013. "Does religiosity promote property rights and the rule of law?," Journal of Institutional Economics, Cambridge University Press, vol. 9(2), pages 161-185, June.
    4. Giovanni B. Ramello, 2016. "The past, present and future of comparative law and economics," Chapters, in: Theodore Eisenberg & Giovanni B. Ramello (ed.), Comparative Law and Economics, chapter 1, pages 3-22, Edward Elgar Publishing.
    5. Niklas Potrafke, 2012. "Islam and democracy," Public Choice, Springer, vol. 151(1), pages 185-192, April.
    6. Kaya Abdullah & Tsai I-Tsung, 2016. "Inclusive Economic Institutions in the Gulf Cooperation Council States: Current Status and Theoretical Implications," Review of Middle East Economics and Finance, De Gruyter, vol. 12(2), pages 139-173, August.
    7. Niklas Potrafke, 2013. "Democracy and countries with Muslim majorities: a reply and update," Public Choice, Springer, vol. 154(3), pages 323-332, March.
    8. Jan Fałkowski & Przemysław Kurek, 2020. "The transformation of supreme values: Evidence from Poland on salvation through civic engagement," Public Choice, Springer, vol. 185(1), pages 113-129, October.
    9. Arye L. Hillman & Niklas Potrafke, 2016. "Economic Freedom and Religion: An Empirical Investigation," CESifo Working Paper Series 6017, CESifo.
    10. Hillman, Arye L. & Metsuyanim, Kfir & Potrafke, Niklas, 2015. "Democracy with group identity," European Journal of Political Economy, Elsevier, vol. 40(PB), pages 274-287.
    11. Gouda, Moamen & Potrafke, Niklas, 2016. "Gender equality in Muslim-majority countries," Economic Systems, Elsevier, vol. 40(4), pages 683-698.
    12. Moamen Gouda & Jerg Gutmann, 2021. "Islamic constitutions and religious minorities," Public Choice, Springer, vol. 186(3), pages 243-265, March.
    13. Arye L. Hillman & Niklas Potrafke, 2018. "Economic Freedom and Religion," Public Finance Review, , vol. 46(2), pages 249-275, March.
    14. François Facchini, 2011. "Economic freedom in Muslim countries : an explanation using the theory of institutional path dependency," Université Paris1 Panthéon-Sorbonne (Post-Print and Working Papers) halshs-00587694, HAL.
    15. Barbara Bompani, 2019. "Religion and development: Tracing the trajectories of an evolving sub-discipline," Progress in Development Studies, , vol. 19(3), pages 171-185, July.
    16. François Facchini, 2011. "Economic freedom in Muslim countries : an explanation using the theory of institutional path dependency," Post-Print halshs-00587694, HAL.
    17. Saeed Khodaverdian, 2022. "Islam and democracy," Kyklos, Wiley Blackwell, vol. 75(4), pages 580-606, November.
    18. François Facchini, 2013. "Economic freedom in Muslim countries: an explanation using the theory of institutional path dependency," Université Paris1 Panthéon-Sorbonne (Post-Print and Working Papers) hal-00636998, HAL.
    19. François Facchini, 2013. "Economic freedom in Muslim countries: an explanation using the theory of institutional path dependency," European Journal of Law and Economics, Springer, vol. 36(1), pages 139-167, August.
    20. Emmanuel Amissah & Katarzyna Świerczyńska, 2021. "Is Religion a Determinant of Financial Development?," International Advances in Economic Research, Springer;International Atlantic Economic Society, vol. 27(3), pages 233-247, August.
    21. Odeh Al-Jayyousi & Evren Tok & Shereeza Mohamed Saniff & Wan Norhaniza Wan Hasan & Noora Abdulla Janahi & Abdurahman J. Yesuf, 2022. "Re-Thinking Sustainable Development within Islamic Worldviews: A Systematic Literature Review," Sustainability, MDPI, vol. 14(12), pages 1-26, June.

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