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Oath

(4,263 words)

Author(s): Hock, Klaus | Steymans, Hans Ulrich | Börner-Klein, Dagmar | Fitzgerald, John T. | Krieg, Arno | Et al.
[German Version] I. Religious Studies – II. Old Testament – III. Judaism – IV. New Testament – V. Church History – VI. Ethics – VII. Law I. Religious Studies As a solemn affirmation of a statement, an oath takes its religious quality from the underlying belief in the power of words to effect a blessing or curse (Blessing and curse). Therefore the early phenomenology of religion classed oaths with invective, curses, etc. as words of consecration: those who swear oaths identify themselves with their words and are “consecrated…

Culture State

(808 words)

Author(s): Germann, Michael | Herms, Eilert
[German Version] I. Law – II. Social Ethics I. Law A culture state is a state that takes responsibility not only for the security and freedom of its citizens, but also their cultural concerns (Culture), nota bene, for ¶ the sake of its own cultural conditions. Legally, the culture state expresses itself in part in determinations of the objectives of state (clearly in art. 3 I 1 of the 1946 Bavarian Constitution: “Bavaria is a legal, cultural and social state”), otherwise in the establishment of the state educat…

Legal Capacity of the Church

(145 words)

Author(s): Germann, Michael
[German Version] As juridical persons, ecclesiastical corporations (Protestant regional churches, Catholic dioceses, local churches, etc.) are recognized by law as having legal rights and duties. In the context of the churches' own law this goes without saying (Legal capacity under church law). Germany's Basic Law, art. 140, with Weimar Constitution (WRV) art. 137, IV, recognizes the legal capacity of “religious bodies” “according to the general provisos of civil law”; WRV art. 137, V recognizes t…

Gorchakov, Mikhail Ivanovich

(171 words)

Author(s): Germann, Michael
[German Version] (Nov 8/20, 1838, near Kostroma, Russia – Jul 23/Aug 5, 1910, St. Petersburg). Gorchakov was a Russian Orthodox ecclesiastical law professor. He studied Protestant theology at Tübingen, Heidelberg, and Strasbourg, then law and ecclesiastical law at St. Petersburg, where he was ordained priest in 1865. In 1868 he became a lecturer, in 1871 he received his doctorate in law, in 1873 he became professor of ecclesiastical law, and in 1881 he received his doctorate in theology. He follow…

Teaching Office of the Church

(4,631 words)

Author(s): Pahud de Mortanges, Elke | Germann, Michael | Köhler, Wiebke | Herms, Eilert | Neuner, Peter
[German Version] I. Law 1. Catholicism. Within the total structure of the church, the teaching office is the court of final authority for preserving, transmitting and interpreting the faith. The teaching office stands under the Word of God (Vatican II, DV 10: magisterium non supra verbum Dei, sed eidem ministrat), and perceives its task as constantly involved in interaction with the other ecclesiastical witnesses ( loci theologici) to the Word of God. Consonance with all other courts and organs of the church is shown in the church’s reception (II) of decisions…

Presbyter/Presbytery

(3,654 words)

Author(s): Karrer, Martin | Hauschild, Wolf-Dieter | Lindner, Herbert | Germann, Michael
[German Version] I. New Testament Social structures that entrusted older individuals with functions on behalf of the community were widespread in the ancient Mediterranean world. In the memory of Israel, they were particularly important in the early history of the people (Num 11– 1 Sam 30:26ff.; 2 Sam 2:4; 12:17; Elders in the Old Testament). Their entrustment with local and regional judicial functions continued (reflected in Deut 19:12; cf. 11QT XLII 13f.) albeit often in diminished form. In the Ne…

Voting Rights

(1,030 words)

Author(s): Rees, Wilhelm | Germann, Michael
[German Version] I. Catholic Church Voting rights give the opportunity to vote or be elected in an election, or under various circumstances to make a decision on one’s own responsibility (Church elections). Active elective rights can be based on membership in the church ( CIC/1983 cc. 96, 208; cf. c. 536: pastoral council; c. 537: finance committee) or on special legal entitlements such as membership in the college of cardinals (c. 349; Cardinal), the college of consultors (cc. 413 §2, 421 §1, 424) or cathedral chapter (c. 502 §3), the co…

Church-State Agreements

(804 words)

Author(s): Germann, Michael
[German Version] I. Terminology – II. Historical Development – III. Content and Function I. Terminology Church-state agreements (Ger. Kirchenverträge) are agreements between the state and a Protestant church. Along with agreements between the state and the Catholic Church (Concordats) and other religious bodies they constitute one source of modern law governing church and state. II. Historical Development These agreements have been possible in Germany ever since the Weimar Constitution of 1919 released the Protestant regional churches from …

Doctrinal Discipline

(2,728 words)

Author(s): Herms, Eilert | de Mortanges, René Pahud | Germann, Michael
[German Version] I. Church History – II. Church Law I. Church History Within the church's general duty to confront heresies, there has been, since the time of the Early Church, a particular responsibility to counteract heresies held by those that hold church offices. Until the late Middle Ages, this task was fulfilled by synodal or episcopal, and ultimately, papal decree – in the West, after a p…

Liturgy and Church Legislation

(650 words)

Author(s): Rees, Wilhelm | Germann, Michael
[German Version] I. Catholicism – II. Protestantism I. Catholicism Unlike private devotions, the official liturgy is performed in the name of the church by persons lawfully deputed (clergy and laity) and in a form approved by ecclesiastical authority (cf. CIC/1983 c. 834 §2; CCEO c. 668 §1). Therefore liturgy requires legal standards, which are the responsibility of the Apostolic See, the diocesan bishops, and the Bishops' conferences (c. 838). This is also the context of punitive and disciplinary measures. The CIC contains canons governing the celebration of the Eucharis…

Ordination

(8,047 words)

Author(s): Hartenstein, Friedhelm | Sänger, Dieter | Peters, Christian | Brandt, Reinhard | Meßner, Reinhard | Et al.
[German Version] I. Old Testament – II. New Testament – III. Church History – IV. Dogmatics – V. Liturgy – VI. Practical Theology – VII. Law and Legal History – VIII. Judaism I. Old Testament The search, mainly from a Protestant perspective, for antecedents of ordination in the Old Testament does not seem very promising, since no direct equivalent to Christian ordination as public commissioning of office-bearers by the community is to be found in the Hebrew Bible. Relevant research is mainly limited to the OT Jewish background of…

Rural Chapter

(107 words)

Author(s): Germann, Michael
[German Version] A rural chapter or deanery chapter is a collegiate body comprising all the clergy of a deanery (Dean) in the Catholic Church (Chapter). Its canonical structure, developed in the 13th century, includes the right to elect or present the dean and certain administrative tasks. Several Protestant church orders initially adopted the institution. In Protestant church law today, the pastors’ assembly is a distant echo of the rural chapter. In Roman Catholic canon law, the rural chapter has preserved its corporate status in many particular churches. Michael Germann Bibliogra…

Administrative Act, Church

(278 words)

Author(s): Germann, Michael
[German Version] I. In keeping with the vocabulary of civil law, ecclesiastical administrative acts can be described as decisions which an ecclesiastical body takes to regulate a specific case in ecclesiastical law. By definition, such decisions are only treated as administrative acts under civil law to the extent that in the applicable church-state system they have a share in the sovereignty of the state. II. The 1983 Roman Catholic Code of Canon Law gives detailed regulations in c. 35–93 for the presuppositions, forms, and effects of “s…

Teaching, Duties and Freedom in

(1,125 words)

Author(s): Link, Christoph | Rees, Wilhelm | Germann, Michael
[German Version] I. German Law Along with artistic freedom, Basic Law art. 5 § 3 guarantees freedom of “scholarship, research, and teaching.” The association of freedom of teaching with scholarship and research shows that the guarantee of the Basic Law applies only to scholarly teaching, i.e. teaching that presents the findings of one’s own research (and examines critically the findings of others). Freedom of teaching thus relates (albeit not exclusively) to teaching in public and private universitie…

Publication/Promulgation

(134 words)

Author(s): Germann, Michael
[German Version] In civil and canon law, publication (or promulgation) denotes the official public announcement of legal acts, especially legal norms. The term promulgation is generally preferred in Catholic canon law. Publication presupposes execution by the responsible body and is required for the law to take effect. The purpose of publication is to make it possible for those affected to know the law’s content; it puts the legal act into effect independently of de facto knowledge. The media in which norms are published are official journals and gazettes, for example the Bundesgesetz…

Jurisdiction, Ecclesiastical

(1,702 words)

Author(s): May, Georg | Germann, Michael
[German Version] (Jurisdiction/Power of Jurisdiction) I. Catholic Church – II. Protestant Churches. I. Catholic Church The Codex Iuris Canonici (1983) ( CIC 1983) lays out the procedures of ecclesiastical trials in Book VII. The new code had a twofold purpose: to simplify the structures and procedures of the tribunals and to expedite trials. 1. By virtue of its own – i.e. divine – and exclusive authority, the church claims jurisdiction in litigation concerning spiritual and related matters – worship, ¶ doctrine, ecclesiastical assets and offices, violation of ecclesiastic…

Juridical Person

(246 words)

Author(s): Germann, Michael
[German Version] Legal rights and duties apply primarily to individuals (“natural persons”; Person: III). In abbreviation, the law also grants organized entities the capacity to be addressed by rights and duties (legal capacity). If legal capacity is granted in relation to all other legally competent subjects, the law creates a juridical person. Lacking a natural capacity for acting, juridical persons “act” through their institutions. State law creates juridical persons under civil law (such as re…

Censorship

(322 words)

Author(s): Schubert, Anselm | Germann, Michael
[German Version] I. Church History – II. Canon Law I. Church History Censorship is the partial or total suppression of written or printed works based on prior or subsequent ecclesiastical or governmental examination. The NT already rejects false teaching (Tit 3:9f.), and the development of the NT canon presupposes a process of censorship. In the Early Church and the Middle Ages, heresy was condemned by synods and bishops, but actual censorship of books was practiced only in is…

Synod

(3,747 words)

Author(s): Hauschild, Wolf-Dieter | Brandt, Reinhard | Germann, Michael | Ohme, Heinz
[German Version] I. History As it developed in the Early Church and the Middle Ages, the term synod (from Gk σύνοδος/ sýnodos, “assembly, being together on the way”) cannot be separated from the term council. Only in 19th- and 20th-century Protestantism is a separate treatment warranted; in that context – with roots going back to the 16th century – the synod represents a new constitutional phenomenon (Church polity: IV, 2; V, 1.c). Its antecedents include medieval diocesan synods (as extensions of the provincial syn…

Right of Appeal

(221 words)

Author(s): Germann, Michael
[German Version] The right of appeal, in current juristic terminology, denotes the possibility made available by law of obtaining judicial review of a court decision. In a broader sense, the right of appeal includes all ¶ procedural rights to the review of official decisions (including non-judicial ones; legal redress). The history of law and jurisprudence recognizes a multiplicity of rights of appeal. The model of an orderly right of appeal based on factual and judicial scrutiny goes back to the appellation of Roman and canon law…
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