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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…

Exclusion, Right of

(199 words)

Author(s): Link, Christoph
[German Version] ( ius exclusivae) denotes the right of a civil ruler or state in Catholic church law to exclude as undesirable a certain candidate from being elected or appointed to church office. Papal exclusion, which the sovereigns of major Catholic powers (German and – later – Austrian emperors, kings of France and Spain) claimed for themselves with no formal recognition by th…

State Religion

(245 words)

Author(s): Link, Christoph
[German Version] The term state religion denotes a religious element unifying the collectivity of subjects, considered indispensable for the existence of the state (“un roi, une loi, une foi”). It was taken for granted as the foundation of nearly every early form of the state. To the extent that religion is considered an element of public order, religious pluralism is perceived as a threat to the unity of the state, since it bears the seed of civil war, or at least qualified loyalty on the part of th…

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…

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.…

Potestas directa/indirecta/directiva

(444 words)

Author(s): Link, Christoph
[German Version] refers to modalities of the medieval and modern Catholic claim to ecclesial (and esp. papal) authority in temporal (worldly) matters ( in temporalibus). Invoking older doctrinal tra-¶ ditions, the medieval papacy in particular claimed papal supremacy over all secular powers (most strongly articulated in the Unam sanctam bull of Boniface VIII [1302], doctrine of the two swords), and thus not only the supreme legislative authority in spiritualibus et temporalibus but also a right to intervene directly in the legal order of states through the repeali…

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…

Febronianism

(565 words)

Author(s): Link, Christoph
[German Version] was a movement for the reform of ecclesiastical policy and regional church law in 18th-century Germany, in which episcopalian (Episcopalism: II) and national church ideas combined to form an explosive mixture. It owes its name to a book written by the suffragan bishop of Trier J.N.v. Hontheim (1701–1790), De statu Ecclesiae et legitima potestate Romani Pontificis…, which appeared in 1763 under the pseudonym Justinus Febronius. Following a selective reduction of its contents, the book became the agenda of Febronianism. Hontheim's objec…

Stephani

(347 words)

Author(s): Link, Christoph
[German Version] 1. Joachim (May, 1544, Pyritz, Pomerania [now Pyrzyce, Poland] – Jan 14, 1623, Greifswald). Initially (1572) professor of mathematics in Greifswald, in 1578 he was appointed professor of law, a member of the ducal council, and president of the consistory. With his younger brother Matthias (2. below), he was a leading advocate of the episcopal system (Episcopalism: I), appealing to imperial law to legitimate the evolving Pro­testant system of placing church governance in the hands of…

Bodin, Jean

(296 words)

Author(s): Link, Christoph
[German Version] (Bodinus; 1529 or 1530, Angers – 1596, Laon) was a Carmelite for a brief period; he studied law in Toulouse from 1550 and became an advocate at the Parliament of Paris in 1561. In 1571, he entered the service of the Duke of Alençon and made contact with the “Politiques,” a group of moderate Catholics and Protestants who regarded the state as h…

Summepiscopate of the Princes

(468 words)

Author(s): Link, Christoph
[German Version] The summepiscopate of the princes is a 19th-century term for the governance of the Protestant churches, but its roots go back to the 16th century. After the breakdown of episcopal jurisdiction, with the approval of the Reformers the Protestant estates of the Empire set about restructuring the governance of the church; only “out of Christian charity” (Luther), it was to be put in the hands of the sovereign as praecipuum membrum ecclesiae (Melanchthon), but not by virtue of his temporal authority. Therefore Luther was not the progenitor of the princes’…

Stahl, Friedrich Julius

(363 words)

Author(s): Link, Christoph
[German Version] ( Jan 16, 1802, Munich – Aug 10, 1861, Brückenau), Protestant jurisprudent and politician. Stahl (orig. Jolson) was of Jewish parentage; in 1819 he converted to Lutheranism and took the name Stahl when he was baptized. In 1832 he was appointed associate professor at Erlangen and in the same year full professor at Würzburg; in 1834 he was ¶ appointed full professor at Erlangen. As representative of the university in the Bavarian Landtag, he was reprimanded on account of a conflict with the government; in 1840 he therefore accepted an appointment in Be…

Grundmann, Siegfried

(238 words)

Author(s): Link, Christoph
[German Version] (Feb 25, 1916, Chemnitz – Mar 29, 1967, Munich) was a Protestant lawyer who studied from 1936 to 1939, received his doctorate in 1940, and, following almost a decade of military service and imprisonment in Russia, became a lawyer serving the church. He gained his Habilitation in 1956 (Munich), became professor of state and church law in Marburg in 1958/59, and professor of church and state law in Munich in 1959. Grundmann's life work was devoted especially to Protestant canon law …

Annus normalis

(236 words)

Author(s): Link, Christoph
[German Version] The “standard year” of the Peace of Westphalia established in 1624 as normative for religious observance. It drastically restricted the right of princes to determine the confessional allegiance ( Ius reformandi ) of their lands guaranteed in the Peace of Augsburg by ensuring that the religion practiced legally – publicly or privately – at any time during the year 1624 could continue in that form in the future ( Instrumentum pacis osnabrugense art. V, §§32ff.). Church property was to remain in the hands of whoever held it on the “standard day” ( dies normalis; art. V, §2),…

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…

State Church

(1,054 words)

Author(s): Link, Christoph
[German Version] I As one type of relationship between church and state, a state church is a church incorporated into the state in such a way that it appears to be a state institution. As a result, the state not only has the right to intervene in the internal governance of the church (staffing, deciding doctrinal conflicts, disposition of church property, etc.; Church polity) but also may use the church for state purposes. 1 The history of state churches began when Theodosius I made the Christian church the only recognized church of the Roman Empire ( Reichskirche). In East Rome, a sacral …

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…

Reinking, Dietrich

(292 words)

Author(s): Link, Christoph
[German Version] (Reinkingk, since 1650: v. Reinking; Mar 10, 1590, Windau, Courland [today Ventspils, Latvia] – Dec 15, 1664, Glückstadt), outstanding Lutheran politician and scholar of constitutional law. After occupying a chair at Giessen, from 1618 he held high offices of state in Hesse-Darmstadt, Mecklenburg, archepiscopal Bremen (representing the archdiocese at the 1648 peace negotiations in Osnabrück), and Denmark. His most important academic work, Tractatus de regimine seculari et ecclesiastico (1619, 71717), characterizes the Empire as a monarchy of the em…

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 …

Reservatrechte (Reserved Rights in German Empire)

(187 words)

Author(s): Link, Christoph
[German Version] In the Holy Roman Empire, reserved rights were the epitome of the (historically varying) rights enjoyed by the emperor without any requirement of approval by electors and the Reichstag. Borrowing from this usage, in the 19th century Reservatsrechte were those rights of church governance, rooted in the summepiscopate of the territorial prince, that he had reserved to be exercised personally (i.e. not by church officials acting in his name). The most important were: approbation of ecclesiastical legislation passed by synods, in ¶ some cases including the right to…
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