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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…

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…

Administration

(4,925 words)

Author(s): Knauf, Ernst A. | Brauneder, Wilhelm | Germann, Michael | Ahme, Michael
[German Version] I. Bible – II. History – III. Law – IV. Church Administration – V. Ethics I. Bible 1. In Israel and Judah . From the 10th into the 8th century bce, only a rudimentary administration can be assumed in Israel and Judah in comparison to Egypt and Mesopotamia. State income was basically produced by the royal demesne, which at the time of Hezekiah supplied provisions for fortresses (royal seal). The royal demesne was under the control of a major-domo or steward ( 'šr ʿl hbyt; 1 Kgs 4:6, passim; epigraphic evidence in ReRö II, 113f.; in a private household: Gen 43:16, passim). The desi…

Coordination Theory

(180 words)

Author(s): Germann, Michael
[German Version] viewed the relationship between church and state as an equal partnership between two sovereign powers (Violence: IV). It is rooted in corresponding teachings on the relationship between empire and papacy, and was invoked by Roman Catholic doctrine in the 19th century as an argument against the modern state's claim to sovereignty (in its configuration as secular supremacy). After 1945, if only temporarily, it once again attained a h…

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,…

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…

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…

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…

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…

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…

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 …

Chapter

(105 words)

Author(s): Germann, Michael
[German Version] A chapter is a collegial body with liturgical or administrative functions in the Catholic Church. It may be associated with a cathedral (cathedral chapter) or a collegiate church (collegiate chapter; now rare; see CIC/1983 cc. 503–510) or a deanery (Dean/Deanery) chapter = rural chapter). It is also the administrative body of a religious institute (monastic orders and societies of apostolic life; see CIC/1983 cc. 631–633, 734). See also cathedral chapter, canons, orders Catholic, (each with bibl.). The term has a similar use in…

Dean/Deanery

(172 words)

Author(s): Germann, Michael
[German Version] Both Roman Catholic and Protestant church law know the deanery as a supra-congregational administrative unit within the diocese and as a mid-level association within the regional church respectively. The dean is a pastor with supervision and leadership responsibilities in the deanery, including pastoral care as the pastor pastorum, ordination (Protestant), visitation, supervision, and administration. The functions of Roman Catholic deans derive from the bishops. Protestan…

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…

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…

Consecration/Ordination/Dedication

(1,422 words)

Author(s): Müller, Gerhard Ludwig | Felmy, Karl Christian | Hofhansl, Ernst W. | Germann, Michael
[German Version] I. Catholic Church – II. Orthodox Church – III. Protestantism – IV. Canon Law I. Catholic Church The term consecration is used to render various liturgical and canon law terms: ordinatio, dedicatio, consecratio, benedictio. This demonstrates that the content of the notion of consecration extends broadly. Common is the conviction of faith that an object of earthly reality is connected in a particular way with God and the saving work in Christ. This connection is related to the theology of …

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…

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…

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…

Legal Capacity under Church Law

(302 words)

Author(s): Germann, Michael
[German Version] The legal capacity under church law is the ability to be addressed as a subject of rights and duties by the norms of church law. It neither presupposes nor necessarily follows from legal capacity under state law (Legal capacity of the church). The intrinsic criterion for the legal capacity under church law is involvement in the mission and promise of the church. It manifests itself in baptism (Matt 28:19–20: “Go” – “I am with you”). People thus acquire the legal capacity under chu…
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