The Reformation and the Law of Charity

Keyword(s):  
Author(s):  
Ditlev Tamm

Abstract This contribution deals with the influence of the Reformation on the law in Denmark. The Reformation was basically a reform of the church, but it also affected the concept of law and state in general. In 1536, King Christian III dismissed the catholic bishops and withheld the property of the church. The king, as custos duarum tabularum, guardian of both the tablets of law, also took over the legislation for the church. Especially in subjects of morals and criminal law new principles and statutes were enacted. Copenhagen University was reformed into a protestant seminary even though the former faculties were maintained. For that task Johannes Bugenhagen was summoned who also drafted the new church ordinance of 1537. In marriage law protestant principles were introduced. A marriage order was established in 1582.


Author(s):  
Bernhard Diestelkamp

Abstract The Reformation of king Frederic III.: An important law in the period of the Reichsreform. The reformatio Friderici was widely regarded as meagre in content (1) since it did not cover important reform issues of the time and in many parts only repeats older texts. Heinrich Koller proved this to be a misjudgement. His assessment must be strengthened or also corrected by legal historical arguments. Thus, the enormous density of tradition (2) cannot be explained by Friedrich’s intention to publish the law in general, but mirrors the necessity to be able to present the text in legal proceedings. The term reformatio (3) does not mean a reform law, but characterises a new form of legislation which wants to achieve reforms by taking recourse to older texts. The importance of the reformation for practice (4) proves not least in the fact that the king continuously refers to his text in trials for breach of the peace and in his dealing with the vehm, in which the position of the highest judge is ascribed to him.


1975 ◽  
Vol 26 (2) ◽  
pp. 149-172 ◽  
Author(s):  
P. D. L. Avis

‘It is now disputed at every table’, declared Whitgift in 1574, ‘whether the magistrate be of necessity bound to the judicials of Moses’. Edwin Sandys told Bullinger of Zürich in the previous year that it was being maintained, to the great trouble of the Church, that ‘The judicial laws of Moses are binding upon Christian princes, and they ought not in the slightest degree to depart from them’. Though often neglected by historians as an important factor in the Reformation, the question of the validity of the Old Testament judicial (as opposed to moral or ceremonial) law frequently arises in the writings of the Reformers, and their various answers made no slight impact on the course of events. It bears directly on Henry VIII's divorce and the bigamy of Philip of Hesse; the treatment of heresy and the possibility of toleration; the persecution of witches; usury and iconoclasm; Sabbatarianism and the rise of the ‘puritan’ view of the Bible as a book of precedents, and the corresponding shift to legalism in Protestant theology. The question is also of fundamental relevance to the thought of the Reformers on natural law, the godly prince and magistrate, and the so-called ‘third use of the law’. This article is an attempt to survey, up to the end of the sixteenth century, the various interpretations of the Mosaic penal and civil laws, with particular reference to the development of legalistic tendencies after Luther.


2015 ◽  
Vol 68 (2) ◽  
pp. 201-217
Author(s):  
Mats Wahlberg

AbstractProtestant critique of the Catholic idea of inherent righteousness has, since the time of the Reformation, given rise to counter-questions about the status of faith in Protestant theology. Is faith a human condition for justification (that is, a human act or inherent property which is necessary for justification), and why should not faith in that case be counted as a kind of work? Many Protestant theologians, however, view it as very important to dissociate faith from works. This article examines a number of Protestant attempts to explain why faith is not a work. The examined explanations rely on a number of ideas, for example, that faith is not a work because faith is a gift of God, or because faith is non-voluntary, or because faith is not a condition of justification, or because faith does not merit justification, or because faith is union with Christ. The problem with many of these Protestant answers to the question of why faith is not a work is that they can equally well be used to explain why the supernatural virtue of love is not a work. The Reformers, however, strongly associated love with ‘works of the law’, and wanted to keep love out of the doctrine of justification. For Protestants who share this view of love, the present article poses a challenge. Is it possible to dissociate faith from works without at the same time dissociating love from works, thereby legitimising the Tridentine understanding of justification? The author concludes that this is indeed possible, but only if an important identity marker for much Protestant theology is given up, namely the purely forensic understanding of the doctrine of justification.


2019 ◽  
pp. 107-116
Author(s):  
O. П. Сарнацький

The actions of the juridical branch of power of the autocracy in relation to the activity of oppositional political parties founded at the end of the 19-th – beginning of the 20-th centuries in Russian Empire and headed liberator and national-liberator movement in the country, which were aimed at cease of their political activity and occurred simultaneously with administrative repressions over political opponents of the existing system. After all, the law in force in the empire until October 1905 did not allow the existence and activity of any political parties in the country. In the conditions of the lawfulness proclaimed by tsarist (even with all its limitations), the authorities were forced to resort to court assistance. The accusatory verdict was the most severe punishment. According to the law of the country, the most important matters are cases of corruption (and the case of state-owned crime was political, against officials, for example, were the most serious crimes) were subject in essence only in district courts and chambers of court. Similar order was launched in 1864, during the course of the reformation, which entered three-stage court system. The courts of the first instance were district courts. There were twenty-eight district courts in Ukraine. The courts of the second instance were judicial chambers. In Ukraine, there were three of them –in Kyiv, Odessa and Kharkov. Here are just some examples. In 1901 the prosecutor of the Kyiv court chamber considered the case concerning the members of the secret organization «Kiev an revolutionaries independent» the carpenter E. Shcherbak and locksmith P. Petrov who were accused of distributing in Kyiv a brochure «How to keep yourself on interrogation», the magazine «Svoboda» and another illegal literature, noted in their working papers, and the court punished them for it. During the peasant riots in the Poltava and Kharkov regions in the spring of 1902, the Kharkov Chamber of Justice acted expeditiously, punishing the peasants for their participation in them. In July 1904, in Lipovets, in the Kyiv region, a peasant Dmitry Perebyinos found brochures «Uncle Dmitry», which he distributed among his fellow villagers. The Kiev an court chamber condemned D. Perebynos according to art. 130 of criminal code for two weeks imprisonment. During the First Russian Revolution, which began at this time, the judiciary in every way promoted the local administrative authorities in defining its properties of the committed «criminal acts» and punishing the perpetrators.


2020 ◽  
Vol 11 (2) ◽  
pp. 271
Author(s):  
Solikhul Hadi

<p><em>The long process of regulation of Islamic law - especially the law of waqf - is always interesting to observe or study, because its presence cannot be separated from the things that underlie it. This study aims to examine the effect of Indonesia's political configuration on the character of waqf regulatory products in Indonesia. By using qualitative methods, it is hoped that this study will be able to describe the</em><em> character of</em><em> products of waqf regulation which are influenced by political configurations from the New Order Era to the Reformation Era with a historical approach. The results of this study indicate that the character of waqf regulations in Indonesia varies according to the political configuration that surrounds them. There are at least three important periods that show the dynamics of political configuration that affect the character of waqf regulation. First the Old Order Period, Law no. 5 of 1960 (UUPA), which also regulates waqf </em><em>and</em><em> land issues, is responsive in character. Secondly, during the New Order era, the regulations governing waqf during the New Order era were conservative / orthodox in character. The regulation that regulates waqf during the New Order era is PP. 28 of 1977 concerning Ownership of Land Owned, Law no. 7 of 1989 concerning Religious Courts (Chapter III), and Compilation of Islamic Law based on Presidential Instruction No.1 of 1991. In Chapter III. And there are also several regulations issued by the Minister and Director General level. And thirdly the Reformation Period, the Law that regulates waqf Law no. 41 of 2004 has a democratic character.</em></p><p><em><br /></em></p><p><strong>Abstrak</strong></p><p>Proses panjang regulasi hukum Islam utamanya hukum wakaf selalu menarik untuk diamati atau diteliti, karena kehadirannya tak lepas dari hal-hal yang melatarbelakanginya. Studi ini bertujuan untuk meneliti pengaruh konfigurasi politik Indonesia terhadap karakter produk regulasi wakaf di Indonesia. Dengan menggunakan metode kualitatif diharapkan studi ini akan bisa mendeskripsikan karakter produk regulasi wakaf yang dipengaruhi oleh konfigurasi politik mulai Era Orde Baru sampai dengan Era Reformasi dengan pendekatan historis.<strong> </strong>Hasil penelitian ini menunjukkan bahwa karakter regulasi wakaf di Indonesia berbeda-beda sesuai dengan konfigurasi politik yang melingkupinya. Setidaknya ada tiga periode penting yang menunjukkan dinamika konfigurasi politik yang mempengaruhi karakter regulasi wakaf. Pertama Masa Orde Lama, Undang-Undang Nomor 5 Tahun 1960 (UUPA) yang di dalamnya juga mengatur tentang wakaf dan permasalahan pertanahan adalah berkarakter  responsif.<strong> </strong>Kedua Masa Orde Baru, regulasi  yang mengatur tentang wakaf pada masa Orde Baru berkarakter konservatif/ortodoks<strong>. </strong>Regulasi  yang mengatur tentang wakaf pada masa Orde Baru adalah Peraturan Pemerintah Nomor 28 Tahun 1977 tentang Perwakafan Tanah Milik, Undang-Undang Nomor 7 Tahun 1989 tentang Peradilan Agama (Bab III), dan Kompilasi Hukum Islam berdasarkan Inpres No.1 Tahun 1991. Pada Bab III dan juga ada beberapa peraturan yang dikeluarkan oleh setingkat Menteri dan Dirjen. Dan ketiga  Masa Reformasi, Undang-Undang yang mengatur tentang wakaf Undang-Undang Nomor Nomor 41 Tahun 2004 berkarakter demokratis.</p><p> </p>


Author(s):  
Mark Hill QC

This chapter examines the nature and sources of ecclesiastical law, or the law of the Church of England. It begins with a discussion of the purpose of the law of and for the Church of England, which is to regulate the functioning of the Church and its individual members by a combination of commands, prohibitions, and permissions. It then traces the historical development of ecclesiastical law, from the early Church through the Reformation and post-Reformation. It also considers the nature and effect of establishment of the Church as well as Acts of Parliament, measures, canons, and secondary legislation that have become sources of ecclesiastical law. Finally, it looks at other sources of ecclesiastical law including case law and precedent, quasi-legislation and soft law, jus divinum, custom, jus liturgicum and dispensation.


2013 ◽  
Vol 72 (2) ◽  
pp. 369-413 ◽  
Author(s):  
Jason N.E. Varuhas

AbstractThis article examines and responds to a doctrinal claim, made by an increasing number of commentators, that English administrative law is in the midst of a “reformation” or “reinvention”, with the notion of “rights” at the heart of this radical recalibration. The article is critical of such claims on several grounds. First, these claims are steeped in ambiguity, such that the nature and doctrinal scope of the claimed metamorphosis are not clear. Second, these commentators have not undertaken the sort of detailed doctrinal analysis which is required to make credible claims about the development of the law, meaning their broad claims have a strong propensity to mislead, and pass over the nuances and complexities of doctrine. An analysis of significant features of doctrine tends to tell against a wholesale recalibration of administrative law around rights, and indicates an increasingly pluralistic rather than unitary legal order. Third, despite the centrality of the idea of “rights” to their claims, these commentators do not squarely address what they mean by “rights”, in general using the term indiscriminately, and thereby plunging their claims into uncertainty. The article demonstrates the importance of conceptual clarity in analysing “rights”-based developments through a doctrinal analysis of “rights” in administrative law, conducted through the prism of W.N. Hohfeld's analytical scheme.


Author(s):  
Ditlev Tamm

AbstractThis contribution deals with the influence of the Reformation on the law in Denmark. The Reformation was basically a reform of the church, but it also affected the concept of law and state in general. In 1536, King Christian III dismissed the catholic bishops and withheld the property of the church. The king, as custos duarum tabularum, guardian of both the tablets of law, also took over the legislation for the church. Especially in subjects of morals and criminal law new principles and statutes were enacted. Copenhagen University was reformed into a protestant seminary even though the former faculties were maintained. For that task Johannes Bugenhagen was summoned who also drafted the new church ordinance of 1537. In marriage law protestant principles were introduced. A marriage order was established in 1582.


1981 ◽  
Vol 50 (2) ◽  
pp. 152-165 ◽  
Author(s):  
John K. Yost

The abolition of monastic vows and mandatory clerical celibacy and the exaltation of marriage and the family were among the most revolutionary changes in religion and ethics produced by the Reformation. Although scholars have given it too little attention, the controversy over the relative merits of marriage and celibacy, and particularly the campaign for clerical marriage, played a major role in the development of the Reformation. The law of celibacy and vows of chastity became principal topics of discussion when the reformers strove to break down the old order of medieval Christianity. The most concrete manifestation of the impact of the controversy over marriage and celibacy lay in the fact that many priests joined the Reformation movement precisely to escape the restrictions imposed upon their domestic life by the old order.


Sign in / Sign up

Export Citation Format

Share Document