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Itio in partes

(204 words)

Author(s): Link, Christoph
[German Version] refers to the division of the Reichstag according to religious parties ( Corpus Catholicorum and Corpus Evangelicorum ) when one side declared the question at issue to be a matter of religion. Deliberations then began first within the confessional blocks – separated according to curias. If these separately reached decisions differed from one another, only the path of compromise, the amicabilis compositio remained. Matters of religion could not, therefore, be decided in a plenary session according to the majority principle. Exercised de facto as early as 1526, b…

Wahrmund, Ludwig

(216 words)

Author(s): Link, Christoph
[German Version] (Aug 21, 1860, Vienna – Sep 10, 1932, Prague), Catholic professor of canon law. After his habilitation in law in Vienna (1889), he was appointed associate professor (1891) and full professor (1894) in Chernivtsi. In 1896 he was appointed to a professorship in the faculty of law at Innsbruck. Wahrmund, who had been noted for his studies on legal history, became really famous in the “Wahrmund affair.” He aggressively asserted the incompatibility of the “Catholic worldview” with mode…

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…

Parity

(428 words)

Author(s): Link, Christoph
[German Version] denotes the equal status in law of religious communities in the state; it therefore presupposes the dissolution of confessional homogeneity within the state. Parity had been practiced earlier, but in Germany it first gained legal form through the (still limited) equality granted to the Catholic and Protestant parties, particularly in the Peace of Augsburg. It gained an explicit basis in constitutional law in the Peace of Westphalia as aequalitas exacta mutuaque (“complete and mutual equality”). At the same time, the previously excluded Reformed beli…

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),…

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…

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…

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…

Pulpit Clause

(161 words)

Author(s): Link, Christoph
[German Version] At the request of the liberal Bavarian minister of culture Johannes v. Lutz (1826–1890), §130a, the Kanzelparagraph, was included in the German criminal code by a law of Dec 10, 1871, part of the legislation enacted during the Kulturkampf. It threatened the clergy, with other official religious leaders, with up to two years imprisonment if they discussed state matters in public or in their preaching and threatened the public order. A law of Feb 28, 1872, extended the statutory offense to include dissemination of similar ideas in writing. During the Kirchenkampf (Nation…

Sehling, Emil

(115 words)

Author(s): Link, Christoph
[German Version] (July 9,1860, Essen – Nov 30, 1928, Erlangen), Protestant legal scholar. After associate professorships in Leipzig and Kiel, he was appointed to a full professorship in Erlangen in 1888. After numerous works on other legal topics, he devoted himself primarily to marriage law and church law, which he discussed without “any religious or theological consideration.” His monumental magnum opus, an edition of the Protestant church orders of the Reformation period (5 vols., 1902–1913; continued after 1951 by the Kirchenrechtliches Institut of t…

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.…

Collegialism

(491 words)

Author(s): Link, Christoph
[German Version] Following episcopalism (I) and territorialism, collegialism was the latest of the three 17th- and 18th century theories on the origin and legitimation of vesting ecclesiastical authority of prince in the Protestant territories of the German Empire. The early collegialists (C.M. Pfaff, L. v. Mosheim) were concerned to limit the comprehensive claim to the prince's authority over religious matters as an aspect of public order asserted …

Scheurl, Christoph Gottlieb Adolf von (Baron)

(113 words)

Author(s): Link, Christoph
[German Version] (Jan 7, 1811, Nuremberg – Jan 24, 1893, Nuremberg), Lutheran legal historian and canonist. He was appointed associate professor at Erlangen in 1840 and full professor in 1845. Besides Roman law and matrimonial law, his major interest was canon law (IV, 2.b), whose institutions he explained in the spirit of the historical school of law. In confessional disputes, he emphatically took the side of Lutheranism, while at the same time supporting greater independence of the church from the state. Christoph Link Bibliography C.A. Stumpf, Kirchenrecht als Bekenntnisrecht.…

Church and Media

(751 words)

Author(s): Link, Christoph
[German Version] I. From the very beginning, the church has always existed on the basis of communication. All human lives spent within it are realized in the communicative justification of human community. In all periods, therefore, it has placed every available means of communication in the service of its mission. The modern transition to an information-based society, however, represents a particular challenge. In many episcopal and papal statements going back as far as…

Friedberg, Emil

(247 words)

Author(s): Link, Christoph
[German Version] (Dec 20, 1837, Konitz, Western Prussia – Sep 7, 1910, Leipzig), (Protestant) jurist who became associate professor at the University of Halle in 1865, followed by Freiburg in 1868; from 1869, he was full professor at Leipzig. Deeply committed to the Hegelian idea of the state (G.W.F. Hegel), Friedberg belonged to the most prominent “state canonists” who sided with the state in the Kulturkampf . Although Friedberg sought to legitimate his position from a scientific-historical standpoint, his evaluation of the medieval conflic…

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 …

Grotius, Hugo

(875 words)

Author(s): Link, Christoph
[German Version] (Huig de Groot; Apr 10, 1583, Delft, The Netherlands – Aug 28, 1645, Rostock), an impor-¶ tant jurist and theologian. From a patrician Delft family, Grotius attended the University of Leiden already as an eleven-year-old. After studying classical philology, history, theology, and law, he received the Dr.iur. in Orléans on an ambassadorial journey in 1598 and became a lawyer in 1599. An expert's opinion in the conflict of the sea-trade interests of Holland and Portugal contained the pioneering chapter De mare libero (1604; ET: The Free Sea, 2004), in which Grotius j…

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…
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