Jurisdiction and Holiness: Reflections on the Coptic-Ethiopian Case

1982 ◽  
Vol 17 (3) ◽  
pp. 245-273 ◽  
Author(s):  
Walter Zander

The Coptic-Ethiopian case is the first dispute between Christian Churches over their rights in the Holy Places to come before the Supreme Court of Israel. It concerns only a small area, but the legal issues involved are far-reaching. They deal with the jurisdiction over Holy Sites, and therefore affect potentially all Christian communities which claim rights in the Sanctuaries.The history of the jurisdiction over the Holy Places is dramatic and rich in contradictions. For many centuries control over the Sanctuaries was in the hands of Moslem rulers who decided disputes according to their discretion. In view of the widespread impact of these decisions on the Christian world as a whole, the tendency gradually developed to avoid all changes, and in 1878 the Treaty of Berlin suspended every jurisdiction by its Art. LXII which prescribed “that no alteration can be made in thestatus quoin the Holy Places”.

1991 ◽  
Vol 19 (2) ◽  
pp. 203-215 ◽  
Author(s):  
John C. England

The history of Eastern Christianity in central, south, and east Asia prior to A.D. 1500 is rich and extensive, yet has been largely ignored. Material evidence now available from southeast and northeast Asia shows that Christian communities were present in seven countries for different periods between the sixth and fifteenth centuries. Often termed “Nestorian,” or “Jacobite,” these communities have left a diversity of remains—epigraphical, architectural, sculptural, documentary—which testify to their presence, as far northeast as Japan and southeast as far as Indonesia. The glimpses of Christian churches in medieval Asia afforded by the evidence from these and other regions of Asia offer alternatives to Westernized patterns of mission, and question many assumptions concerning the history and character of Christian presence in the region.


1973 ◽  
Vol 8 (3) ◽  
pp. 331-366 ◽  
Author(s):  
Walter Zander

Disputes about the Christian Holy Places have played a major part in the history of the Middle East and indeed of Europe for many centuries. The main issues of these conflicts are still unsolved, and the fact that the Sanctuaries are now under the control of the State of Israel has added a new dimension to the problems.This study tries to investigate the question of the jurisdiction over the Christian Sanctuaries as it presents itself today. It does not deal with the Holy Places of Judaism and Islam since their treatment, in spite of many common elements, requires different considerations.The disputes about the Christian Holy Places are essentially disputes among Christian communities, and not, as might be assumed, controversies between Christians on one side and members of other religions—Moslems or Jews—or the government of the country, on the other. They spring ultimately from the divisions of the Church; and although political and national interests frequently played a part, they must be seen first and foremost in the context of the religious issues involved.


Early China ◽  
2009 ◽  
Vol 32 ◽  
pp. 1-43 ◽  

The foundation of Chinese intellectual history is a group of texts known as “masters texts” (子書). Many masters texts were authored in the Han dynasty or earlier and many of these have as their title the name of a master who was generally regarded as the author. The inclination to treat a given book as the product of a single writer is apparently a strong one. Nevertheless, from the very beginning there were Chinese scholars who doubted the veracity of the putative authorship of some of these works and suggested that they may in fact have been the product of several authors. Over time, such scholars developed criteria by which to judge the authenticity of ancient masters texts. But as such textual criticism grew more penetrating, the object of its scrutiny began to come apart at the seams. In the last two decades there has been a growing consensus that most early Chinese masters texts were originally quite permeable and that only later were their received forms settled upon.The branch of textual criticism that deals with authenticating early Chinese texts is called “Authentication studies.” This paper is a survey of the methodological advances made in the field of Authentication studies over the last two millennia. It is not a history of the field, as such a history would be a much longer project. The survey concludes with the idea of the “polymorphous text paradigm,” a paradigm that paradoxically obviates much of the preceding scholarship in its own field. Simply put, if authentication relies largely on anachronism, and anachronism relies largely on the dates of the putative author, then a multi-author work with no known “last author” will be impossible to authenticate. Furthermore, the polymorphous text paradigm does not posit these texts as necessarily having earlier and later “layers,” but rather as having had no set structure over the course of their early redactional evolution.This survey examines the contributions of seventeen scholars to Authentication studies methodology, and concludes with how the changes in this field have influenced the work of three modern, Western scholars.


ICR Journal ◽  
2011 ◽  
Vol 2 (2) ◽  
pp. 416-417
Author(s):  
Mika Vahakangas

The end of colonialism, the previously unparalleled level of religious plurality due to both migration and internal diversification of various societies, and lastly the shift of the centre of gravity to the global South in terms of the membership of Christian churches are changes with which Western academic Christian theology has to come to grips with. The high tide of colonialism, and its theological equivalent - ethnocentric religious arrogance - was followed by the end of colonial era, reflected also in theology. When one combined the suddenly grown religious pluralism in the West and the remorse for the colonial past an outcome was a number of liberal (or, at times, seemingly liberal) pluralistic or relativistic theologies of religion. That could be called ‘post-colonial’ in the sense of being epi-colonial.


Author(s):  
Khan Hamid

This chapter begins with a brief overview of the constitutional and political history of Pakistan. It then discusses how the judiciary in general, and the Supreme Court in particular, had to function in a difficult and complex constitutional and political environment during the last sixty years. It details acts of judicial activism; efforts of lawyers throughout Pakistan to restore the status quo in the judiciary as it had existed on November 2, 2007; and the challenges faced by the restored Chief Justice and the Supreme Court.


Author(s):  
Sérgio Bordalo e Sá

“The success of the film will depend on the naked thighs of Miss Dietrich”. This was the answer that Heinrich Mann gave to Emil Jannings, when he asked the novelist if he had liked his performance. Made in 1930 and directed by Josef von Sternberg, The Blue Angel will always be remembered in the history of cinema as the movie in which the myth of Marlene Dietrich was born. However, its merits go well beyond this fact. The Blue Angel is the prototype of a hybrid film, made in Germany by an Austrian settled in America since he was a young boy, having been influenced not only by the American studio production, but also by the German Expressionism, through Max Reinhardt. A director whose cinema Nöel Simsolo compares to tapestry, in which all the elements are always necessary and important, with the supremacy of the décor because everything that appears on the screen becomes it. More than a motion picture that marks the end of an era, that of the German silent cinema, or the German Expressionism, more than a ‘foreign’ production of Paramount, The Blue Angel is above all a film by Josef von Sternberg, a point of arrival and a point of departure for all the marvels to come.


Author(s):  
Stefan R. Hauser

For a long time, the development of Christian communities within the Sasanian and early Islamic Empires was either neglected or described in terms of a history of persecution and antagonism within a Zoroastrian or Islamic state. Only recently has the perception of the extent of Christianization, the interaction of religious communities, and the importance of Christians within these societies and their upper echelons changed dramatically. The narrative of permanent conflict and oppression of Christian faith has given way to the acknowledgment of a predominant Christian population in the territory of modern Iraq and western Iran in the fifth through seventh centuries. One argument in this context is the growing body of material evidence for Christian churches and images as well as burials, which are expressions of respected and self-assured Christian communities.


2021 ◽  
Vol 14 (1) ◽  
pp. 59-82
Author(s):  
Hubert Mielnik

The German occupiers abolished the Supreme Court in the General Government. In the Polish (non-German) judiciary sector, there was no court of the highest instance to ensure the unification of jurisprudence. The competence to ensure the uniformity of jurisprudence and resolve existing doubts and legal issues was transferred to the courts of appeal. The objective of the present article was to demonstrate the procedure and practice of issuing legal theses by the Court of Appeal in Kraków. The article also presents changes in the composition of the judges and the territorial jurisdiction of the Kraków Court of Appeal. Archival sources constitute the source basis of the work. We also resorted to the latest subject literature. The work is based mainly on the analysis of archival sources and legal acts, so the scientific methods typical of the history of law were applied.


2011 ◽  
Vol 13 (2) ◽  
pp. 198-207
Author(s):  
Margaret Ogilvie

Anyone hoping that the British Columbia Court of Appeal, in Bentley v Anglican Synod of the Diocese of New Westminster  would resolve the doctrinal and related property disputes in the Anglican Church of Canada (ACC) and even in the world-wide Anglican Communion over same-sex blessings must come away from the decision of Newbury JA for the unanimous court greatly disappointed: the court left the dispute exactly where it began – in the ACC. Conversely, anyone hoping that the court would do precisely that will be greatly relieved by this exercise of judicial self-restraint in the face of the many challenging theological and legal issues presented by the case. Stripped to its essentials, the court found that the property to which four former parishes in the diocese of New Westminster laid claim by way of a cy-près application was held by the diocese pursuant to a statutory trust for the uses of the diocese and the ACC. The court further characterised the dispute over same-sex blessings as an internal dispute among Anglicans on the basis of which a cy-près order cannot be made in favour of parishes which no longer regard the Bishop of New Westminster as their bishop. This simple, legal outcome followed an 11 day trial in the British Columbia Supreme Court, a four day appeal hearing, and two lengthy judgments, each of just under 100 pages, which ranged widely over the history of the dispute within the ACC and the larger Anglican Communion, and the Anglo-Canadian common law relating to the resolution of church property disputes since the 1813 decision of Lord Eldon in Craigdallie v Aikman, almost two centuries before.


1936 ◽  
Vol 30 (1) ◽  
pp. 63-79
Author(s):  
Henby Reiff

The recent case of Factor v. Laubenheimer raised several interesting questions with regard to the date of effectiveness of the extradition treaty between the United States and Great Britain, signed at London, December 22,1931, and the effect, if any, of the President’s proclamation of the treaty upon its status as law of the land of the United States. Article 18 of the treaty provided that it was to “come into force ten days after its publication, in conformity with the forms prescribed by the laws of the high contracting parties.” Ratifications were exchanged at London, August 4,1932; the President issued a proclamation in the usual form containing the treaty, as of the date August 9,1932; but the British Government withheld the issuance of an Order-in-Council containing the treaty, apparently to avoid affecting the result in the Factor Case. Counsel for the petitioner argued that the treaty was in force, but the Supreme Court, without going into the merits of the contention, followed the State Department, which appeared not to have recognized the treaty as in force in either country. The court, after examining the terms of the 1931 agreement found that even if it had come into effect as contended it would not have abated the pending proceedings. In several previous cases incidentally involving Presidential proclamations of treaties, the court has also been able to dispose of the principal issues raised without pronouncing upon the status and effect of such proclamations. On some future occasion, perhaps, the court may find it necessary to rule squarely upon the relation of the President’s proclamation of an international agreement to its status in domestic law. The present discussion is devoted to an examination of that relation, which includes the date of effectiveness of a treaty; the history of the use of the proclamation; and the effect of the proclamation upon the status of the treaty as law of the land.


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