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[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…

[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…

[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…

[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…

[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…

[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. …

[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…

[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…

[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…

[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…

[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…

[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…

[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 …

[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 …

[German Version] I. Philosophy Natural law is the essence of the legal norms that claim to be binding on all human beings, independent of positive laws and conventions. The term goes back to the distinction between nature( phýsis) and law ( nómos; Law/Natural law), put forward by the Sophists of the 5th century bce in order to challenge the traditional positive laws. According to Antiphon, the precepts of such laws are arbitrary, whereas the precepts of nature, which articulate individual benefit, are necessary (DK, frgm. B 44). Plato presents a v…

[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.…

[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…

[German Version] (May 8, 1832, Gedern – Dec 30, 1895, Darmstadt), Protestant theologian and authority on ecclesiastical law. After studying at Gießen and seminary training, …