Search

Your search for 'dc_creator:( "Link, Christoph" ) OR dc_contributor:( "Link, Christoph" )' returned 99 results. Modify search

Sort Results by Relevance | Newest titles first | Oldest titles first

Collegialism

(511 words)

Author(s): Link, Christoph
According to the traditional understanding, collegialism designates a theory advanced in justification of (Protestant) territorial church government (the last of such older theories after the territorial and episcopal systems). Unlike earlier theories, however, it includes both a sociological and a theological theory of the church and of church law. The basis is the view, derived from natural law and the Enlightenment, of the social nature of the church (as a collegium, as for S. Pufendorf and J. H. Boehmer). In the middle of the 18th century early collegialists (e.g., C. M. Pfaff…

Göttliches Recht

(1,075 words)

Author(s): Link, Christoph
1. Begriff und Herkunft Der Begriff des G. R. (lat. ius divinum) beruht auf der in vielen Kulturen anzutreffenden Vorstellung, das Recht oder ein Teil des Rechts sei göttlichen Ursprungs. Es liegt auf der Hand, dass im Europa der Nz. das Christentum die Entwicklung der Lehre vom G. R. prägte. Die klassische röm. Jurisprudenz hatte Religion und Recht in zwei getrennte Regelungsbereiche aufgespalten. Folgenreich für die abendländische Geschichte wurde jedoch, dass die Juristen der röm. Kaiserzeit die Herrschaft des princeps wiederum auf G. R. gründeten. Damit wurde das ius divinum

Sehling

(101 words)

Author(s): Link, Christoph
[English Version] Sehling, Emil (9.7.1860 Essen – 30.11.1928 Erlangen), ev. Jurist. Nach a.o. Professuren in Leipzig und Kiel seit 1888 o. Prof. in Erlangen. Neben zahlreichen Werken zu anderen Rechtsgebieten widmete er sich bes. dem Ehe- und Kirchenrecht, das er unter Ausschluß »aller rel. und theol. Erörterungen« behandelte. Durch sein monumentales Hauptwerk, die Edition der ev. Kirchenordnungen der Reformationszeit (5 Bde., 1902–1913; nach 1951 fortgeführt vom Kirchenrechtlichen Institut der EKD…

Reinking(k)

(266 words)

Author(s): Link, Christoph
[English Version] Reinking(k), Dietrich (Theodor; seit 1650: v.; 10.3.1590 Windau, Kurland – 15.12.1664 Glückstadt), bedeutender luth. Staatsrechtslehrer und Politiker; zunächst Prof. in Gießen, seit 1618 hohe Staatsämter in hessen-darmstädtischen, mecklenburgischen, erzbfl. bremischen (hier Vertreter des Erzstifts bei den Osnabrückischen Friedensverhandlungen) und dänischen Diensten. In seinem wiss. Hauptwerk »Tractatus de Regimine seculari et ecclesiastico« (1619, 71717) beschreibt R. die Reichsverfassung als Monarchie des Kaisers, der nur in d…

Parität

(359 words)

Author(s): Link, Christoph
[English Version] bez. die gleichrangige Rechtsstellung von Religionsgemeinschaften im Staat; sie setzt deshalb die Auflösung der konfessionellen Homogenität im Staatsverband voraus. – Zuvor schon faktisch geübt, gewann die P. in Deutschland durch die (freilich noch beschränkte) Gleichstellung der kath. und ev. Religionspartei erste rechtliche Gestalt v.a. im Augsburger Religionsfrieden. Eine ausdrückliche verfassungsrechtliche Verankerung erfuhr sie im Westfälischen Frieden als »aequalitas exacta…

Religionsgesellschaften

(737 words)

Author(s): Link, Christoph
[English Version] . I.Geschichte. Der Begriff entstammt der rationalen Naturrechtslehre (Naturrecht: IV.) der Aufklärung und hier v.a. der staatskirchenrechtlichen Theorie des Kollegialismus. »R.« ist damit eine Kurzformel für die Außensicht zunächst auf die Kirchen, später auf alle rel. Bekennergemeinschaften aus dem Blickwinkel des rel. neutralen Staates, der die rel. Wahrheitsfrage nicht mehr stellt und deshalb zur prinzipiellen Gleichbehandlung verpflichtet ist. In dieser Form fand der Begriff…

Staatskirche

(855 words)

Author(s): Link, Christoph
[English Version] I. Geschichte S. bez. eine Zuordnung von Kirche und Staat dergestalt, daß die Kirche dem Staat eingegliedert ist und als Staatsanstalt erscheint. Daraus folgen nicht nur staatl. Eingriffsrechte in das Innere der Kirchenverfassung (Stellenbesetzung, Entscheidung von Lehrkonflikten, Verfügung über Kirchengut u.a.), sondern auch die Indienstnahme der Kirche für staatl. Zwecke. 1. Die Gesch. der S. beginnt unter Theodosius I. durch die Erhebung der christl. zur alleinberechtigten Reichskirche. In Ostrom befestigte sich ein sakraler…

Rieker

(175 words)

Author(s): Link, Christoph
[English Version] Rieker, Karl (27.3.1857 Urach – 28.11.1927 Erlangen), ev. Jurist. Nach Theologie- und Philosophiestudium zunächst im Kirchendienst, danach rechtswiss. Studium in Leipzig, dort 1891 Promotion und Habil., 1893 a.o. Prof., seit 1903 o. Prof. für Öfftl. Recht und Rechtsgesch. in Erlangen. In seinem Hauptwerk über die rechtliche Stellung der ev. Kirche in Deutschland geht es R. im wesentlichen um den Nachweis, daß Synodal- und Presbyterialsprinzip keine Grundlage in der luth. Theol. ha…

Neutralität

(647 words)

Author(s): Link, Christoph
[English Version] . I. Im Völkerrecht umschreibt N. die Rechtsstellung eines nicht am Krieg anderer Staaten teilnehmenden Staates. Daraus ergeben sich für diesen eine Reihe von Rechten (Integrität des Staatsgebiets, bewaffnete Zurückweisung von N.-Verletzungen u.a.) und Pflichten (insbes. weder militärische noch finanzielle oder sonstige Unterstützung einer Kriegspartei, hinreichendes militärisches Potential zur Abwehr von Angriffen schon in Friedenszeiten, Duldung der Durchsuchung von Schiffen durc…

Ius divinum (divine law)

(1,089 words)

Author(s): Link, Christoph
1. Definition and originsThe concept of ius divinum (“divine law”) is based on the idea found in many cultures that law or part of law has divine origins. Obviously, in early modern Europe, Christianity significantly influenced the theory of ius divinum.Classical Roman jurisprudence split religion and law into two separate areas. Imperial Roman jurists’ attribution of the Imperial of the power of the princeps to ius divinum would prove particularly consequential for the West. In this way, ius divinum became the basis for the legitimacy of all law (Legitimacy). The scho…
Date: 2019-03-20

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…

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…

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…

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…

Ius emigrandi

(246 words)

Author(s): Link, Christoph
[German Version] refers to the right under imperial law to emigrate for religious reasons. The Peace of Augsburg (1555) guaranteed the estates of the empire the ¶ ius reformandi , i.e. the authority to determine the confession of their territory (religious ban). Subjects of other confessions were granted as a legal benefit ( beneficium) a qualified right to emigrate (i.e. taking along family and belongings) to a territory of their confession – and, therewith, the first constitutionally guaranteed basic right. The Peace of Westphalia confirmed this…

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…

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…

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…

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…

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…

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),…

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 …

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…

Schulte, Johann Friedrich (Ritter von)

(154 words)

Author(s): Link, Christoph
[German Version] (Apr 23, 1827, Winterberg, Westphalia – Dec 19, 1914, Obermais, near Meran), Catholic canonist and legal historian. He was appointed associate professor in Prague in 1854, full professor in 1855; from 1873 to 1906, he taught as a professor in Bonn. Although originally closely tied to the Catholic Church, in 1870 he became one of the most prominent critics of the dogma of papal infallibility and – with J. v. Döllinger – a leading organizer of the Old Catholic movement (Old Catholic…

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…

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…

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…

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. …

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…

Rieker, Karl

(209 words)

Author(s): Link, Christoph
[German Version] (Mar 27, 1857, Urach – Nov 28, 1927, Erlangen), Protestant jurist. After studying theology and philosophy, Rieker first worked for the church. He then studied law in Leipzig, where he gained a doctorate and Habilitation in 1891. In 1893 he was appointed assistant professor, and from 1903 full professor of public law and history of law, in Erlangen. In his main work on the legal position of the Protestant Church in Germany, Rieker essentially seeks to prove that the synodal and presbyterial principles have no basis…

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…

Schoen, Paul

(135 words)

Author(s): Link, Christoph
[German Version] (May 16, 1867, Königsberg [Kaliningrad] – Sep 21, 1941, Göttingen), Protestant jurisprudent. He was appointed associate professor at Jena in 1896 and a full professor in 1900; in the same year he was appointed to a full professorship in Göttingen. Besides numerous works on public law, he wrote a major two-volume Das evangelische Kirchenrecht in Preußen (1903–1910, repr. 1967), discussing church law in Prussia without reference to its theological dimension or ecclesiastical politics, developing instead its parallelism with state and co…

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…

Puchta, Georg Friedrich

(447 words)

Author(s): Link, Christoph
[German Version] (Aug 31, 1798, Cadolzburg – Jan 8, 1846, Berlin), Protestant jurisprudent. Puchta studied law at Erlangen, receiving his degree in 1820; after gaining his habilitation in Roman law in 1823, he became an associate professor. In 1825 he was appointed full professor at Munich; in 1835 he moved to Marburg and in 1837 to Leipzig. In 1842, when F.C. v. Savigny was appointed high chancellor, Puchta succeeded to his chair at Berlin, then the most prominent in Germany. In 1842 he was also …

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.…

Obermayer, Klaus

(209 words)

Author(s): Link, Christoph
[German Version] (May 5, 1916, Wiesbaden – Aug 14, 1988, Erlangen), Protestant jurist. He served as an officer from the first days of the war. After 1945 he studied and completed his professional qualification, and then practiced as a lawyer for several years in state and church administration. In 1958 he gained his Habilitation. From 1960 until his retirement in 1984 he was full professor of public law and church law in Erlangen. Obermayer was one of the pioneers of administrative law founded on the rule of law, informed by basic rights and in co…

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…

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…

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…

Hontheim, Johann Nikolaus von

(499 words)

Author(s): Link, Christoph
[German Version] (Jan 27, 1701, Trier – Sep 2, 1790, Montquintin Castle, Luxemburg), Catholic historian and canonist. Hontheim was from a patrician family in Trier. He studied law, theology and classical philology in Trier, Leuven and Leiden. He received the Dr.iur.utr. in 1724 and became a priest and canonist in 1728, first in Trier then in Coblenz in 1740. He was professor of Roman law in Trier (1733–1738), administrator of the diocesan court in Coblenz (1738) and auxiliary bishop and pro-chancellor of the University in Trier (1748). Despite ecclesial and political success in th…

Territorialism/Territorial System

(492 words)

Author(s): Link, Christoph
[German Version] Territorialism is a theory of the legal relationship between the state and the church, according to which the all-embracing sovereignty of the prince includes sovereignty over the church and the public practice of religion in his territory; this means that all leadership authority in the church derives from the territorial lord. Chronologically the territorial system gradually gave way to episcopalism (which was influenced increasingly by territorialist arguments as it emerged); i…

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…

Potestas directa/indirecta/directiva

(374 words)

Author(s): Link, Christoph
[English Version] bez. Modalitäten der ma. und neuzeitlichen kath. Inanspruchnahme einer kirchl. (insbes. päpstl.) Gewalt in zeitlichen (weltl.) Dingen (in temporalibus). Gestützt auf ältere Lehrtraditionen behauptete v.a. das ma. Papsttum (am schärfsten formuliert in der Bulle »Unam sanctam« Bonifatius' VIII. 1302, Zwei-Schwerter-Lehre) die päpstl. Suprematie über alle weltl. Gewalt und damit nicht nur die oberste Rechtssetzungsmacht in spiritualibus et temporalibus, sondern auch ein direktes Ein…
▲   Back to top   ▲