Marriage and Social Control

1914 ◽  
Vol 7 (3) ◽  
pp. 322-338
Author(s):  
Anna Garlin Spencer
Keyword(s):  
Formal Education ◽  
Body Politic ◽  
Social Institutions ◽  
The State ◽  
The Body ◽  
Freedom Of Association ◽  
Common Error ◽  
Democratic State ◽  
The Family ◽  
The Church

The Nineteenth Century was ushered in with trumpet-calls to self-assertion and social freedom. A vague but long-cherished hope of the elect of humanity that the masses, each and all, might yet become persons, crystallized during the eighteenth century into a popular assertion of “equality of rights” in the body politic as “the first of rights” and essential to the process of universal individuation. Thus was born the democratic State. The Church in Christian civilization had long before recognized the independent personality of all, even of slaves and of women, in its spiritual Magna Charta, which secured to every human being the right to own his own soul and laid upon each the burden of saving it. The Protestant Reformation added to this the duty of understanding “the plan of salvation,” and hence reinforced, and in many instances initiated, the demand of the State for an intelligent electorate. Thus Church and State worked together to call into being the free, tax-supported school, and to make compulsory some minimum of formal education. The democratic State and the democratic school have worked together to create slowly legalized freedom of association for manual laborers. Labor reform organizations, springing up at once as soon as legal restrictions upon such associations were removed, have initiated the collective struggle for common industrial betterment. Of the five basic institutions of society, therefore—the family, the Church, the State, the school, and the industrial order—four are already well on their way toward thorough-going democratization. It is necessary to remind ourselves of these familiar facts in order to escape the common error of treating some one institution of society as a detached social structure, the problems concerning which are to be solved independently of other human relationship. The first, the most vital, the most intimate, and the most universal of social institutions, that of marriage and the family, has longest resisted re-adjustment to the new ethics involved in the now accepted principle of equality of human rights.

Corporate Life in the University of Paris, 1249–1418, and the Ending of Schism

1989 ◽  
Vol 40 (4) ◽  
pp. 511-523
Author(s):  
Osmund Lewry Op
Keyword(s):  
Common Law ◽  
Body Politic ◽  
The State ◽  
The Body ◽  
John Henry Newman ◽  
Christian Church ◽  
Imperial Power ◽  
University Of Paris ◽  
The University ◽  
The Church

As many had done long before, John Henry Newman, in his sermon of 1842 on ‘The Christian Church an imperial power’, drew his model of the corporate life of the Church from the state: ‘We know what is meant by a kingdom. It means a body politic, bound together by common law, ruled by one head, holding intercourse part with part, acting together’. This description, little changed, could have applied as well to the university community of Newman's Oxford, and it is not implausible that an experience of fellowship there, strained and divided as it sometimes was, could have provided an unconscious model for his understanding of the ecclesial community. Even if it did not become explicit in Newman's thought, the analogy of head and members was present to the thinking of university men at Paris with regard to their own corporate life in the thirteenth and fourteenth centuries, particularly when relations were strained and division of the body threatened. Whatever the origins of conciliarist theory, then, in the reflections of canonists and theologians, there was an experience of ecclesial community in the corporate life of medieval Paris that could have given living content to speculation about the Church in the most influential intellectual centre of Christendom. The shaping of that experience deserves some attention as a matrix for conciliarist thought.

scholarly journals Sopocani and Gradac: About the relation of funerary programmes of the two churches

Zograf ◽  
2006 ◽  
pp. 59-77 ◽  
Author(s):  
Branislav Todic
Keyword(s):  
Foreign Policy ◽  
The State ◽  
Great Effort ◽  
Wall Paintings ◽  
Negative Effects ◽  
Holy Trinity ◽  
The Family ◽  
The Church

King Uros (1243-1276) erected the Church of the Holy Trinity in the Sopocani monastery in about 1270 and, in it, he prepared tombs for the first hegoumenos of Sopocani, his mother Queen Ana, for himself and the then archbishop, Joanikije (Fig. 1). Over each tomb there is a marble sarcophagus surrounded by appropriate wall paintings. The tombs of Uros and Joanikije were located in the western bay of the naos. Thus, the recently announced hypothesis, that the endowed did not intend to be buried in Sopocani, is unfounded. The intention of King Uros was only brought into question in 1276 when he was driven from the throne by his older son, Dragutin. The overthrow caused a major drama in the family, the state and the Church. King Uros retired to the southern part of the state (Hum), where he became a monk and subsequently died (perhaps in 1277). His wife Jelena received vast territories from her son, the new king, which she practically ruled independently, while Archbishop Joanikije, after having denied Dragutin his blessing, retired with the former king and died in the region of Pilot in 1279. King Dragutin (1276-1282) made a great effort to mitigate the negative effects of the overthrow: he continued his father's foreign policy established good relations with neighboring Dubrovnik, took pains to appease his mother, Queen Jelena, by granting her vast territories, and to win the support of the Church by erecting, repairing or presenting gifts to several churches and monasteries. He certainly obtained the Sopocani monastery through hereditary ktetorial rights.

Associational Freedom

2020 ◽  
pp. 135-153
Author(s):  
Kimberley Brownlee
Keyword(s):  
Social Institutions ◽  
Social Resources ◽  
The State ◽  
Moral Standing ◽  
Freedom Of Association

The ethics of sociability shows that many liberal beliefs about associational freedom are untenable. Importantly, our moral permission to associate or dissociate does not always hinge on consent or burdensomeness. Moreover, our permission to dissociate is limited even when the state takes up its responsibility to administer well-functioning social institutions, because social resources are special: they are not only fundamentally important, but also necessarily rest within individual people. Furthermore, although we have a claim-right against interference with many of our poor associational choices, our freedom of association is nonetheless content-sensitive and process-sensitive. This chapter examines several kinds of voluntary and non-voluntary relationships of dubious moral standing that are not protected by freedom of association. The chapter notes that our freedom to dissociate is indeed content-insensitive, but it too can be overridden by the duty to associate.

The Secularized State

2020 ◽  
pp. 220-236
Author(s):  
Ernst-Wolfgang Böckenförde ◽  
Mirjam Künkler ◽  
Tine Stein
Keyword(s):  
Religious Freedom ◽  
Religious Faith ◽  
The State ◽  
Religious Communities ◽  
Constitutional Court ◽  
Freedom Of Association ◽  
Democratic State ◽  
Federal Constitutional ◽  
Freedom Of Belief ◽  
The Right

In this article Böckenförde contrasts his concept of open encompassing neutrality (found in most Scandinavian countries and in Germany) with that of distancing neutrality, as practised in France. While the latter champions negative religious freedom, open encompassing neutrality aims for a balancing of negative and positive religious freedom. Religious freedom for Böckenförde is multidimensional and includes the right to have (or not) a religious faith (freedom of belief), to affirm (or not) this faith privately and openly (freedom to profess), to exercise (or not) one’s religion publicly (freedom of worship), and to join together (or not) in religious communities (religious freedom of association). The correlate to these individual and group rights is the open and overarching principle of the state’s neutrality towards religion and other worldviews, entailing a prohibition on the state justifying law on religious grounds. Furthermore, it requires the state not to privilege religion over non-religion and one religious faith over another. Siding with the ruling of the Federal Constitutional Court (at a time when he was not a sitting judge), Böckenförde underlines that even religious communities who reject the democratic state have the right to be recognized and legally protected. What matters is not whether communities accept or reject the state, but whether they obey or violate its laws. This was the court’s view on the Jehovah’s Witnesses, and it must also be applied, Böckenförde writes, to religious fundamentalists who do not accept the secular order, as long as they do not violate any laws.

The Road to Brexit

2020 ◽  
pp. 41-62
Author(s):  
Andrew Ryder
Keyword(s):  
Speech Acts ◽  
Body Politic ◽  
The State ◽  
The Body ◽  
The Road

The chapter follows the course of events and debate during the referendum and initial negotiations and legislative attempts in Westminster to enable Brexit. The chapter gives an overview of the speech acts and associated stratagems to facilitate or to frustrate Brexit. It includes a number of vignettes presenting some key or insightful moments in the referendum campaign. A key focus of the chapter is analysis of the Leave and Remain campaigns (Vote Leave, Leave.EU and Stronger In) and what became known respectively as ‘projects hate and fear’. The chapter concludes with an inquest into the state of British democracy and how fundamental weaknesses in the body politic enabled Brexit, among which is the emergence of ’post-truth’ politics and the influence of the tabloid media.

The Glorious Excess of Peace in Marsilius of Padua's Defensor Pacis

Theoria ◽  
2019 ◽  
Vol 66 (159) ◽  
pp. 23-51
Author(s):  
Richard A. Lee Jr.
Keyword(s):  
Body Politic ◽  
The State ◽  
The Body ◽  
Legitimate Authority ◽  
Marsilius Of Padua ◽  
The Right

In Defensor Pacis Marsilius of Padua grounds the legitimacy of the kingdom, or the state (civitas), on the peace that rule provides the citizens. Looking at Aristotle’s claim that the civitas strives to be like an animal in which all parts in the right proportion for the sake of health, Marsilius argues that ‘the parts of the kingdom or state will be well disposed for the sake of peace [tranquilitas].’ Marsilius goes on to define peace as the agreeable ‘belonging together’ of all members of the kingdom or the state. In this way, Marsilius moves away from a theological ground of the legitimacy of the state towards one that is entirely secular. However, the ground is an unstable one in that it acknowledges the fact that the ‘members’ of the body politic are characterised by difference. As such, the ground of legitimate authority will be characterised as much by force as by peace or by the relation of force to peace.

THREE STORIES FROM THE MARGINS OF LITHUANIAN HERITAGE PROTECTION / IŠ LIETUVIŠKOS PAVELDOSAUGOS PARAŠČIŲ: TRYS ISTORIJOS

2012 ◽  
Vol 36 (1) ◽  
pp. 54-62 ◽  
Author(s):  
Nijolė Lukšionytė
Keyword(s):  
The State ◽  
Cultural Property ◽  
Alternative Possibilities ◽  
Architectural Heritage ◽  
The Family ◽  
Detached House ◽  
Heritage Protection ◽  
The Veil ◽  
The 19Th Century ◽  
The Church

The article discusses three objects of Kaunas architectural heritage, which represent different cases of heritage treatment in the years of independence. In Soviet times, a building of the Communist Party Committee blocked the gothic church of St Gertrude to an enclosed yard. This building was demolished by the civic initiative organised by the Sąjūdis movement in 1989. The church was restored using the state funds in 1991–1994. A small wooden suburban manor was built in Baritonai Street in the middle of the 19th century. It had belonged to the Petravičiai family for one hundred years. The house has been deserted since 1994. The local authority of Kaunas has been working on privatisation documents for so long that the house has entirely crumbled. A detached house of the famous architect Vytautas Landsbergis-Žemkalnis represents the interwar modernism. After restoration of independence, it was returned to his family. The family sold the house. Although it was included to the Register of Cultural Property and declared protected by the state, the new owners have transformed the exterior of the house completely in 2004–2005. The two last-mentioned examples symptomatically reveal a crisis of values in Lithuanian heritage protection. A punctilious legalism enables institutions responsible for heritage protection to hide under the veil of law-making rather than bother with alternative possibilities of preservation. Santrauka Straipsnyje aptariami trys Kauno architektūros paveldo objektai, reprezentuojantys skirtingus elgesio su paveldu atvejus nepriklausomybės metais. Gotikinę Šv. Gertrūdos bažnyčią į uždarą kiemą užblokavęs komunistų partijos komiteto pastatas buvo nugriautas Atgimimo sąjūdžio organizuotos visuomenės iniciatyva 1989 m., o pati bažnyčia 1991–1994 m. restauruota valstybės lėšomis. Medinis XIX a. vidurio priemiesčio dvarelis Baritonų g. 6, šimtą metų priklausęs Petravičių šeimai, nuo 1994 m. stovi tuščias, miesto savivaldybė tol rengė dokumentus privatizacijai, kol namas visai sugriuvo. Žymaus architekto Vytauto Landsbergio-Žemkalnio kotedžas, reprezentuojantis tarpukario modernizmą, atkūrus nepriklausomybę buvo grąžintas šeimai. Jos nariai namą pardavė, naujieji savininkai 2004–2005 m. visiškai pertvarkė išorę, nors objektas jau buvo įtrauktas į Kultūros vertybių registrą ir paskelbtas valstybės saugomu. Šie du pavyzdžiai simptomiškai atskleidžia vertybių krizę Lietuvos paveldo apsaugos srityje. Utilitarus legalizmas leidžia paveldosaugos institucijoms prisidengti įstatymo formule ir nesivarginti ieškant alternatyvių išsaugojimo galimybių.

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