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Köhler, Karl

(210 words)

Author(s): Link, Christoph
[German Version] (May 8, 1832, Gedern – Dec 30, 1895, Darmstadt), Protestant theologian and authority on ecclesiastical law. After studying at Gießen and seminary training, he served initially as a private tutor and Gymnasium teacher. In 1863 he was appointed professor of catechetics and ecclesiastical law at the seminary in Friedberg; in 1882 he was appointed chief consistorial councilor in Darmstadt and superintendent for Rheinhessen. Köhler considered ecclesiastical law a necessary function of …

Liermann, Hans

(269 words)

Author(s): Link, Christoph
[German Version] (Apr 23, 1893, Frankfurt am Main – Feb 22, 1976, Erlangen) was a Protestant historian of law, and lectured in state and canon law. After studies in Freiburg im Breisgau and Halle, and military service from 1914 to 1918, Liermann gained his Habilitation in Freiburg in 1926. Initially appointed associate professor in 1929, he held a chair in Erlangen from 1931 to 1961. In addition to numerous works on the history of law, Liermann exerted a formative influence particularly through his textbook on canon law of 1933. He summar…

Hedderich, Franz Anton

(178 words)

Author(s): Link, Christoph
[German Version] (religious name Philipp; Nov 7, 1744, Budenheim, near Mainz – Aug 20, 1808, Düsseldorf), theologian and canonist. Hedderich became a Minorite in 1759. From 1774 to 1794 he was professor of canon law in Bonn; from 1803 on he taught at the Rechtsakademie in Düsseldorf. While he was studying law at Trier, he was decisively influenced by the personality and work of J.N. v. Hontheim. As a canonist, he was one of the most influential theoreticians of Febronianism. Hedderich emphasized t…

Recursus ab abusu

(415 words)

Author(s): Link, Christoph
[German Version] ( appel comme d’abus) is an appeal of civil authorities against an abuse of power by an ecclesiastical authority transgressing the boundaries drawn by civil law; it was thus (along with the placet) a particularly effective instrument of secular supremacy. It achieved its distinctive form in France in 1539, when it served primarily as a defense against encroachments on Gallican liberties (Gallicanism). The French model also inspired its use in Spain and the Netherlands. Initially legal title was vested in royal church advocacy (Church advocate). The recursus came in…

Weber, Werner

(434 words)

Author(s): Link, Christoph
[German Version] (Aug 31, 1904, Wülfrath – Nov 29, 1976, Göttingen), teacher of constitutional and administrative law. After studying in Marburg, Berlin, and Bonn (doctorate under C. Schmitt), Weber entered the Prussian ministry of education and cultural affairs, initially in the religious division, later in the division for national culture. In addition he was appointed lecturer at the Berlin School of Commerce in 1931 and promoted ¶ to full professor in 1935. In 1942 he became a professor at Leipzig and in 1949 at Göttingen, where he served as rector from 195…

Heckel

(688 words)

Author(s): Link, Christoph | Friedrich, Norbert
[German Version] 1. Johannes (Nov 24, 1889, Kammerstein, Middle Franconia – Dec 15, 1965, Tübingen), Protestant teacher of constitutional and church law. After service in the church in Munich and later in Berlin, he became a private lecturer in 1923, and supernumerary professor in Berlin in 1926; in 1928, he was a full professor of public law and church law in Bonn, and in Munich from 1934 (with an interruption), until his retirement in 1957. After his initial labors in the history of church law as …

Church Schools

(977 words)

Author(s): Schreiner, Martin | Link, Christoph
[German Version] I. Practical Theology – II. Law I. Practical Theology Basing themselves on the Christian conception of the human being, church schools attempt to dispense and configurate school education in such a way that the power of the gospel as well as the significance of Christian faith and its understanding of life can become experienceable in the pedagogical interaction of a shared conduct of life. Their legitimation is thus both theological and pedagogical. In their …

School Prayers

(630 words)

Author(s): Schröder, Bernd | Link, Christoph
[German Version] I. Practical Theology The term school prayers refers primarily to prayers at the beginning or end of the school day or during breaks, along with prayers during religious education classes. In German public schools today – unlike the period of the denominational primary schools (into the 1960s) and also unlike in England, for example – such prayers are a marginal phenomenon. Scattered attempts to reintroduced school prayers like that of the Bavarian government in 1987 (Kaufmann, 32–38) e…

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…

Smend

(501 words)

Author(s): Klek, Konrad | Link, Christoph | Petzoldt, Martin
[German Version] 1. Julius (May 10, 1857, Lengerich, Westphalia – Jun 7, 1930, Münster), together with F. Spitta, a leader of the “Older Liturgical Movement.” After studying theology at Bonn, Halle, and Göttingen, he succeeded Spitta as assistant preacher in Bonn. He received his license to teach in 1884 and was appointed pastor in Seelscheid. In 1891 he was appointed professor in the seminary at Friedberg and in 1893 professor of practical theology at Straßburg (Strasbourg). In 1914 he became the f…

Privilege

(1,856 words)

Author(s): Link, Christoph | Korioth, Stefan | Magin, Christine
[German Version] I. Law In contrast with its imprecise meaning in general usage, which also includes social disparities, in law the term “privilege” has a more clearly defined meaning, which became increasingly precise in the course of history. It denotes a special right granted to an individual or majority group by sovereign act of a responsible authority. As a legal term it has its origin in Roman law; in the Middle Ages it was developed essentially by the church, but used also by the emperor. In…

Radio and Television

(1,784 words)

Author(s): Link, Christoph | Wunden, Wolfgang | Biener, Hansjörg
[German Version] I. Law 1. “Broadcasting” has a wider, meaning in law than in everyday language. State broadcasting agreements typically define broadcasting as “the organization and distribution of presentations of any kind in word, sound, and image by the use of electrical oscillations . . .” (Ger. State Broadcasting Agreement, §2, para. 1 [June 7, 2002 ed.]). This covers not only radio and television (including Pay-TV), but also sound and moving picture services, screen texts etc. (the inclusion of…

Excommunication

(2,394 words)

Author(s): Wohlmuth, Josef | Ohme, Heinz | Link, Christoph | Oppenheimer, Aharon
[German Version] I. Catholic – II. Orthodox – III. Protestantism – IV. Judaism I. Catholic Excommunication must be defined as a privative term from communicatio and κοινωνíα/ koinōnía (cf. 1 Cor 10:16: sharing and participating in the body and blood of Jesus ¶ Christ; cf. 2 Cor 13:13: communion in the Holy Spirit). The word excommunication does not occur in the New Testament. The competence of the church to excommunicate is traced back to Matt 16:18f.…

Resistance, Right of

(2,921 words)

Author(s): Link, Christoph | de Wall, Heinrich | Reuter, Hans-Richard
[German Version] I. History Ever since classical antiquity, the theory of resistance and the right of resistance have been linked inseparably to the understanding of sovereignty and its limits in both civil society and the church. 1. In the Germanic tribal kingdom of Western, Central, and Northern Europe, three overlapping legal concepts legitimated a right of resistance: (1) the conviction that the ruler is not above the law but subject to the law (grounded in the tradition of the administration of justice by the community of all …

Religious Education

(5,807 words)

Author(s): Grethlein, Christian | Lachmann, Rainer | Link, Christoph | Schröder, Bernd | Heine, Peter
[German Version] I. History Religious education (RE) in schools, in modern usage of the term (for RE in a broader sense see Christian doctrine classes, Confirmation classes), is the result of the general differentiation process that led to the promotion of religious learning beyond the contexts of family and worship. The schools of the European cultural sphere arose largely in the area of the church (School and church, Church schools, Monastery schools); for a long time, schooling was essentially based on religious texts. Since each country established its own particular forms…

Natural Law

(5,543 words)

Author(s): Zenkert, Georg | Herms, Eilert | Hock, Klaus | Link, Christoph
[German Version] I. Philosophy Natural law is the essence of the legal norms that claim to be binding on all human beings, independent of positive laws and conventions. The term goes back to the distinction between nature( phýsis) and law ( nómos; Law/Natural law), put forward by the Sophists of the 5th century bce in order to challenge the traditional positive laws. According to Antiphon, the precepts of such laws are arbitrary, whereas the precepts of nature, which articulate individual benefit, are necessary (DK, frgm. B 44). Plato presents a v…

Freedom of Religion

(3,650 words)

Author(s): Schlenke, Dorothee | Kronauer, Ulrich | Link, Christoph | Ohst, Martin | Witte, John | Et al.
[German Version] I. Dogmatics – II. Ethics – III. Philisophy – V. History – VI. Mission I. Dogmatics Freedom of religion, as generally understood, combines freedom of belief, of conscience, and creed, as well as freedom to practice one's religion (cf. German Basic Law, art. 4, §§1, 2), in one fundamental right. Dogmatics needs to clarify the relationship between religious certainty and freedom. A statement consonant with Reformation belief would run as follows: If Christian certainty, as certainty about the …

Substitution

(3,183 words)

Author(s): Winter, Franz | Janowski, Bernd | Frey, Jörg | Schaede, Stephan | Pree, Helmuth | Et al.
[German Version] I. Religious Studies The term substitution, originating in the language of law, is used primarily in Christian theology, but it is well suited for use in religious studies as well, even though so far there has been no detailed systematic treatment of it. In the most general sense, we speak of substitution when the true subject affected or acting (God, an individual like the king, or a collective) is represented by another ¶ entity (a person or group, an animal, or an object) as a substitute involved (actively or passively) in the action, acting for the…
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