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Resistance, Right of
(2,921 words)
[German Version]
I. History Ever since classical antiquity, the theory of resistance and the right of resistance have been linked inseparably to the understanding of sovereignty and its limits in both civil society and the church.
1. In the Germanic tribal kingdom of Western, Central, and Northern Europe, three overlapping legal concepts legitimated a right of resistance: (1) the conviction that the ruler is not above the law but subject to the law (grounded in the tradition of the administration of justice by the community of all …
Source:
Religion Past and Present
Obermayer, Klaus
(209 words)
[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…
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Religion Past and Present
Heckel
(688 words)
[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 …
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Religion Past and Present
Sehling, Emil
(115 words)
[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…
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Religion Past and Present
Prussian Civil Code
(672 words)
[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…
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Religion Past and Present
Church Schools
(977 words)
[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 th…
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Religion Past and Present
Ius in sacra / ius circa sacra
(329 words)
[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…
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Religion Past and Present
Hontheim, Johann Nikolaus von
(499 words)
[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 17…
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Religion Past and Present
Territorialism/Territorial System
(492 words)
[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…
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Religion Past and Present
Radio and Television
(1,784 words)
[German Version]
I. Law
1. “Broadcasting” has a wider, meaning in law than in everyday language. State broadcasting agreements typically define broadcasting as “the organization and distribution of presentations of any kind in word, sound, and image by the use of electrical oscillations . . .” (Ger. State Broadcasting Agreement, §2, para. 1 [June 7, 2002 ed.]). This covers not only radio and television (including Pay-TV), but also sound and moving picture services, screen texts etc. (the inclusion of the internet is conte…
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Religion Past and Present
Ius emigrandi
(246 words)
[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 …
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Religion Past and Present
Liermann, Hans
(269 words)
[German Version] (Apr 23, 1893, Frankfurt am Main – Feb 22, 1976, Erlangen) was a Protestant historian of law, and lectured in state and canon law. After studies in Freiburg im Breisga…
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Religion Past and Present
Hedderich, Franz Anton
(178 words)
[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 l…
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Religion Past and Present
Recursus ab abusu
(415 words)
[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…
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Religion Past and Present
Weber, Werner
(434 words)
[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 enter…
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Religion Past and Present
State Religion
(245 words)
[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 the state’s citizens. For centuries this belief was mixed with the notion that rulers are responsible for the salvation of their subjects’ souls, which …
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Religion Past and Present