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Ius in sacra / ius circa sacra

(329 words)

Author(s): Link, Christoph
[German Version] The expressions ius in sacra and ius circa sacra came into use in the 17th century but were not clearly distinguished until the 19th century. They denote the legal authority of the territorial ruler by virtue of his supervisory authority over all corporations and religious bodies (Secular supremacy: ius in sacra), grounded in his secular authority, and his authority as summepiscopus (Summepiscopate of the princes) of the Protestant church ( ius in sacris). Episcopalist theology (Episcopalism: I) developed a graduated theory of secular authority, in co…

Placet

(566 words)

Author(s): Link, Christoph
[German Version] (“it pleases”; also placetum regium, exequatur regium) is the formula expressing assent by the local prince to ecclesiastical legislation, especially papal legislation. It was both a requirement before the law could take effect in the ruler’s territory and authorization to promulgate it (Publication). First put into practice in England and in French Gallicanism, it was introduced after the 17th century in many countries of western and southern Europe. In the German Empire, initially onl…

Mejer, Otto

(288 words)

Author(s): Link, Christoph
[German Version] (May 27, 1818, Zellerfeld – Dec 25, 1893, Hanover), Protestant teacher of constitutional and church law. After studying law in Göttingen, Berlin and Jena, Mejer obtained his doctorate in 1841 in Göttingen; he became a lecturer there in 1842, and a full professor at Königsberg in 1847, Greifswald in 1850, Rostock in 1851, and finally Göttingen from 1874 to 1885, after which he was president of the Hanover Evangelical Lutheran regional consistory until his death. As a pupil of A.L. …

Prussian Civil Code

(672 words)

Author(s): Link, Christoph
[German Version] The Prussian Civil Code ( Preußisches Allgemeines Landrecht) went into effect on Jun 1, 1794, as a law code for the unified Prussian monarchy. It was drafted at the behest of Frederick the Great by the new chancellor, Casimir v. Carmer (1780); among those contributing to its content, Carl Gottlieb Svarez and Ernst Ferdinand Klein stand out. Completed in 1791, after Frederick’s death, it was to have taken effect in 1792 as the Allgemeines Gesetzbuch für die Preußischen Staaten [Civil code for the Prussian states]. Not least in reaction to the French Revoluti…

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 …

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…

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…

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…

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 …

Religious Societies (Germany)

(948 words)

Author(s): Link, Christoph
[German Version] 1. History. The concept originated in the rational Enlightenment doctrine of natural law (IV), and especially in the state-church law theory of collegialism. “Religious societies” is thus a short formula for the outside view of the churches, and later of all religious confessional societies from the vantage point of the religiously neutral state, which no longer concerns itself with the issue of religious truth and is therefore committed in principle to equal treatment. It was in this form that the concept found its way via the Prussian Civil Code, the Paulskirchenverf…

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…

Richter, Aemilius Ludwig

(362 words)

Author(s): Link, Christoph
[German Version] (Feb 15, 1808, Stolpen – May 8, 1864, Berlin), Protestant teacher of church law. In 1835 Richter became assistant professor in Leipzig, in 1838 full professor in Marburg, and from 1846 in Berlin; he was a member of the Protestant High Consistory between 1850 and 1859, and thereafter senior privy councilor in the Prussian ministry of culture. Together with K.F. Eichhorn, Richter is regarded as one of the founders of the church law branch of the history of law school. When he was only 31, he published a new critical edition of the Corpus iuris canonici. Alongside numerous oth…

Neutrality

(830 words)

Author(s): Link, Christoph
[German Version] I. In international law, neutrality is the legal status of a state that is not participating in a war involving other states. This status carries various rights (e.g. territorial integrity, armed resistance to violations of neutrality) and duties (esp. no military, financial, or other support of any belligerent, sufficient military potential to defend against attacks in peacetime, willingness to allow ships on the high seas to be searched by belligerents, and equal treatment of the…

Episcopalism

(1,566 words)

Author(s): Link, Christoph
[German Version] I. Protestantism – II. Catholicism I. Protestantism In the 16th and 17th century (before territorialism and collegialism), episcopalism and the theory of the episcopal system developed by its proponents represented the earliest justification of the ecclesiastical authority wielded by Protestant princes in their realms. 1. While the Reformers regarded these local rulers as mere fellow Christians, albeit as praecipuum membrum ecclesiae, and wished to invest them with this authority only as long as seemed necessa…

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…

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…

Constantinian Era

(230 words)

Author(s): Link, Christoph
[German Version] The term Constantinian Era is a headword known more in the context of “the end of the Constantinian Era” (Constantine the Great) than as a period delimited by precise historical criteria and is supposed to characterize the symbiosis of church and secular authority that began with the “Constantinian change” (312) and lasted into the modern era, indeed into recent history. It is meant to refer to an alliance in which each side uses the services of the other to reach its ¶ goals: the church uses the state for recourse to secular force and privileges; the st…

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…

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 …

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…
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