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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…

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…

Tolerance and Intolerance

(6,428 words)

Author(s): Dehn, Ulrich | Gertz, Jan Christian | Wischmeyer, Oda | Ohst, Martin | Kronauer, Ulrich | Et al.
[German Version] I. Religious Studies Tolerance and intolerance must be defined in terms of their relationship to respect, coexistence, indifference, acceptance, and prejudice. In the public context, they ¶ correspond to the presence or absence of freedom of religion. They originate in the claim to exclusive religious truth or else collide with it. Tolerance requires insight into the human ability to err and into the limits of human cognition with regard to faith, whereas intolerance rejects this insight. Following Gerlitz,…

Office

(9,171 words)

Author(s): Kehrer, Günter | Rüterswörden, Udo | Burtchaell, James Tunstead | Lips, Hermann von | Hauschild, Wolf-Dieter | Et al.
[German Version] I. Religious Studies – II. Old Testament – III. Early Judaism – IV. New Testament – V. Church History – VI. Systematic Theology – VII. Practical Theology – VIII. Law – IX. Missiology I. Religious Studies Over the course of history, the word office has been used for a wide variety of functions. In every case, however, what is peculiar to the term is that it refers to an activity independent of the unique personal characteristics of the officeholder. In the context of religious studies, what first comes to mind is the office…

Legal Protection

(269 words)

Author(s): Germann, Michael
[German Version] is the – especially judicial – assertion of subjective rights, i.e. of individual, legally guaranteed claims to the realization of an interest. Legal protection is an essential feature of the rule of law. The legal protection of the claims established by civil law has always been a central aspect of judiciary. Legal protection against governmental actions only became a practicable legal construction from the second half of the19th century with the dogmatic conception of public leg…

Laicism

(1,376 words)

Author(s): Weitlauff, Manfred | Germann, Michael | Klaiber, Jeffrey
[German Version] I. General Church History – II. Europe – III. Latin America I. General Church History Laicism (from Gk λαος/ laós, “people”; Laity) originated in 19th-century France ( laïcisme) as an aggressively anticlerical concept; originally it proposed absolute separation of the state, secular culture, and the church (esp. the Catholic Church; Church and state), opposing all public influence on the part of the church. Its intellectual roots were in the Enlightenment and especially the French Revolution – although it r…

Incompatibility

(99 words)

Author(s): Germann, Michael
[German Version] In the legal sense, this is the exclusion of an office/ministry (VII) from combination with another office or profession. The intention of incompatibility is to ensure an exercise of office that is appropriate to the task. The leading ideas to be emphasized include: the separation of powers in state law and the protection of the preaching task of the pastoral office in church law. Michael Germann Bibliography H.H. Klein, “Status des Abgeordneten,” in: J. Isensee & P. Kirchhof, eds., Handbuch des Staatsrechts der Bundesrepublik Deutschland, vol. III, 32005, §51, 26–30 H…

Confirmation (Protestant)

(2,425 words)

Author(s): Grethlein, Christian | Germann, Michael
[German Version] I. History and Practical Theology – II. Law I. History and Practical Theology Confirmation, understood here in a narrower sense as a rite in Protestant churches, has been interpreted and shaped differently. Today, it is common in almost all Protestant churches, even in families that are rather distanced from the church. The problems of confirmation already appeared in the Reformation period when confirmation began to develop as an independent rite in Protestant ch…

Particular Law

(365 words)

Author(s): Germann, Michael
[German Version] Generally speaking, particular law is the law governing a portion of a legal community. The concept presupposes a legal community that is inclusive (universal) but subdivided. In the history of secular law, it is commonly used for the local law in force in different territories against the background of the common law deriving from Roman law. In canon law (I, 3), it can refer to the law of particular churches (dioceses) against the background of the law of the worldwide Catholic C…

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…
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