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[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…

[German Version] is a corporation of canons or canonesses. It is sometimes substantively and terminologically synonymous with chapter, which can at other times be distinguished as the administrative organ, and can sometimes be extended also to spiritual territory. “Stift” indicates the maintenance of the canons by means of an endowmen…

[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 …

[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. …

[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…

[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…

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[German Version] A rural chapter or deanery chapter is a collegiate body comprising all the clergy of a deanery (Dean) in the Catholic Church (Chapter). Its canonical structure, developed in the 13th century, includes the right to elect or present the dean and certain a…

[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.…

[German Version] In civil and canon law, publication (or promulgation) denotes the official public announcement of legal acts, especially legal norms. The term promulgation is generally preferred in Catholic canon law. Publication presupposes execution by the responsible body and is required for the law to take effect. The purpose of publication is to make it possible for those affected to know the law’s conte…

[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 re…

[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…

[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 Ca…

[German Version] is the – especially judicial – assertion of subjective rights, i.e. of individual, legally guaranteed claims to the realization of an interest.…

[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 betw…

[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…

[German Version] I. History and Practical Theology – II. Law …

[German Version] I. Law – II. Social Ethics …

[German Version] (Jurisdiction/Power of Jurisdiction) I. Catholic Church – II. Protestant Churches. I. Catholic Church The Codex Iuris Canonici (1983) ( CIC 1983) lays out the procedures of ecclesiastical trials in Book VII. The new code had a twofold purpose: to simplify the structures and procedures of the tribunals and to expedite trials. 1. By virtue of its own – i.e. divine – and exclusive authority, the church claims jurisdiction in litigation concerning spiritual and related matters – worship, ¶ doctrine, ecclesiastical assets and offices, violation of ecclesiastic…

[German Version] I. Church History – II. Canon Law I. Church History Censorship is the partial or total suppression of written or printed works based on prior or subsequent ecclesiastical or governmental examination. The NT already rejects false teaching (Tit 3:9f.), and the development of the NT canon presupposes a process of censorship. In the Early Church and the Middle Ages, heresy was condemned by synods and bishops, but actual censorship of books was practiced only in is…