scholarly journals Riik räägib rahvale: soomekeelsed korraldused Rootsi ajal

2017 ◽  
Vol 8 (1) ◽  
pp. 283-302
Author(s):  
Kari Tarkiainen
Keyword(s):  
16Th Century ◽  
New Words ◽  
Ecclesiastical Law ◽  
Public Meetings ◽  
The People ◽  
The Law ◽  
Popular Language ◽  
Church Service ◽  
The 19Th Century ◽  
The Church

Kuningas ja lääniülemad avaldasid Rootsis 16. saj alates korraldusi, mida levitati kas rahvakoosolekutel või kirikukantslist ette lugedes. See tava kodifitseeriti 1686. a kirikuseadusega. Korralduste ettelugemine muutus jumalateenistuse osaks ja nende kuulamine oli kõigile kohustuslik. Kuna riigi idaosas Soomes ei osatud rootsi keelt, hakati korraldusi soome keelde tõlkima, mistõttu Rootsi võimuperioodi lõpuks moodustasid sellised tekstid umbes neljandiku kõikidest korraldustest. Selle süsteemi tugisammasteks muutusid Kantseleikolleegiumi juures tegutsenud soomendajad ja kuninglik trükikoda, kellel oli korralduste publitseerimise privileeg. Tekstidest olid kõige tähtsamad 3–4 korda aastas esitatud palvepäevaplakatid, mis sisaldasid aktuaalseid uudiseid kõnealuse kirikupüha jaoks Piibli tekstide valguses. Korraldusi trükiti 17. saj enamasti Turus, kuid 18. saj peamiselt Stockholmis.Korralduste tekstidel on varasemal ajal arvatud olevat suhteliselt vähene tähendus soome kirjakeele arengule, mis hakkas 19. saj kulgema purismi suunas, loobudes tollases kultuurkeeles tavalistest rootsipärasustest. Uuemad vana soome kirjakeele uurimused näitavad siiski, et kuulmise järgi omandatud ning tõlkijate loodud uudissõnu ja neologisme oli rahvakeelde kandunud üsnagi suurel määral ja sedakaudu siirdusid nad ka tänapäeva soome keelde. Nõudlus soomekeelsete tekstide järele riigi idaosas ei näita 16.–18. saj mitte soomlaste rahvustunnet, vaid selle aluseks oli hoopis vajadus tagada kõikide inimeste võrdsus seaduse ees. Korraldustel oligi suur ühiskondlik tähtsus laiade rahvakihtide õigustaju arenemise ja seadustetundmise lisandumise seisukohast.Abstract. Kari Tarkiainen: The state speaks to the people: Ordinances issued in Finnish during the era of Swedish rule. In Sweden, the king and governors issued ordinances since the 16th century that were disseminated by reading them out at public meetings or from the church pulpit. This custom was codified by the ecclesiastical law of 1686. The reading out of ordinances became a part of the church service and it was compulsory for everyone to listen to them. Since people in Finland, which was the eastern part of the nation, did not understand Swedish, the ordinances started being translated into Finnish, for which reason such texts accounted for about one fourth of all ordinances by the end of the period of Swedish rule. The persons working for the Chancellery Council who translated the texts into Finnish and the royal printing house, which possessed the privilege for printing the ordinances, became the mainstays of this system. The most important of the texts were the placards presented 3–4 times a year proclaiming days of prayer, which included topical news for the church holiday in the light of biblical texts. Ordinances were printed mostly in Turku during the 17th century, but mostly in Stockholm in the 18th century.In earlier times it was thought that the texts of these ordinances had relatively little meaning for the development of written Finnish, which started proceeding in the 19th century in the direction of purism, rejecting common Swedish idioms from the civilised language of that time. More recent studies of old written Finnish nevertheless indicate that new words and neologisms adopted by ear and created by translators had carried over into popular language to quite a great extent and were transferred from there into contemporary Finnish as well. The demand for texts in Finnish in the eastern part of the nation is not indicative of the national feeling of Finns in the 16th–18th centuries. Instead, the basis for this was the need to ensure the equality of all people before the law. The ordinances were indeed very important socially in developing perception of the law among the broad strata of the population and in adding knowledge of the laws.Keywords: Swedish legislation; translation; old written Finnish; neologisms; placards declaring days of prayer; the course of a church service; disciplining of the people

Sovereignty and Common Law Judicial Office in Taylor's Case (1675)

2019 ◽  
Vol 37 (2) ◽  
pp. 397-429 ◽  
Author(s):  
David Kearns
Keyword(s):  
Church Of England ◽  
Common Law ◽  
Ecclesiastical Law ◽  
Chief Justice ◽  
Spiritual Nature ◽  
The Common ◽  
English Law ◽  
The Law ◽  
The Church ◽  
Law Making

This essay argues that the 1675 conviction of John Taylor by the Court of King's Bench for slandering God reveals Chief Justice Matthew Hale implementing a model of conjoint law-making between courts, Parliament, and crown that gave pre-eminent power to the common lawyers, and none to the Church of England. In doing so, it counters the prevailing literature on Restoration English law, which has treated the law as hierarchical, with the common lawyers subordinate to the sovereign. Rather than following statute or ecclesiastical law, which emphasised the spiritual nature of crimes like Taylor's, Hale located Taylor's offence in the exclusively temporal common law jurisdiction of defamation, which existed largely outside of monarchical purview. Hale's judgment reflected his rhetoric of judicial office outside the courtroom, where he argued the judiciary worked alongside King and Parliament in making law, but were not subservient to these institutions, for common lawyers relied on sources of law beyond sovereign-made statute. The language of sovereignty as hierarchical was thus a factional attack on an independent common law, an attempt to subordinate the common lawyers to the crown that was resisted by the lawyers like Hale in his rhetoric and exercise of office, and should not ground accounts of the Restoration regime.

The Church of England and the Law of Divorce since 1837: Marriage Discipline, Ecclesiastical Law and the Establishment

1994 ◽  
Vol 45 (4) ◽  
pp. 625-641
Author(s):  
Bruce S. Bennett
Keyword(s):  
Canon Law ◽  
Church Of England ◽  
Essential Point ◽  
Ecclesiastical Law ◽  
The Status ◽  
Practical Reality ◽  
State Changes ◽  
The Law ◽  
The Relationship ◽  
The Church

Ever since Henry VIII, the law of marriage has occupied a special place in the relationship between the Church of England and the state. Changes made to the law since 1857 have raised far-reaching and difficult questions about the nature of this relationship, involving the status of canon law. Marriage in church has remained, perhaps even more than the other rites of passage, an essential point at which the Church of England still touches the lives of great numbers of the otherwise unchurched, and these questions have thus impinged on the practical reality of the Church's work.

scholarly journals Old Finnish language and written Finnish literature in 1560–1640

2018 ◽  
Vol 10 (4) ◽  
pp. 14-33
Author(s):  
Nadezda S. Bratchikova
Keyword(s):  
Cultural Influence ◽  
Written Language ◽  
16Th Century ◽  
Verbal Art ◽  
Common Features ◽  
Rhetorical Devices ◽  
Latin Language ◽  
Semantic Models ◽  
Church Service ◽  
The Church

The genesis of the old Finnish language (1560-1640) is unique due to two historical reasons: first, the literature of this period was religious; secondly, religious and literary languages represented a single entity. The material of the study was the texts of the period of Catholicism and early Lutheranism (1560-1640). The author employed the analysis of semantic models, rhetorical devices, language structures (helped to identify the peculiarities of the formation of the old Finnish language and the reasons for the growth of its influence on the audience), content analysis of texts (allowed to trace the stages of transition in the church service from Latin and German to Finnish) were used. Comparison of folk texts with the translated ones revealed their common features (repetitions at the level of phrase and alliteration). The development of Old Finnish language was decelerated by the excessive use of the Latin language. However, by the middle of the 16th century, the external and internal political situations in Finland were in favour of using the Finnish language as an instrument of religious authority and a means of cultural influence on society. The written literature of Finland in the studied period was of a translatable state. The translated literature was pivotal in the formation and development of verbal art. Educated people (Justen, Finno, Hemminki from Mask, Sorolainen and L. Petri) made a vast contribution to the written language. Due to them, it was enriched with various forms of dialects and a greater lexicon.

The Nature and Sources of Ecclesiastical Law

2018 ◽  
Author(s):  
Mark Hill QC
Keyword(s):  
Historical Development ◽  
Church Of England ◽  
Case Law ◽  
Early Church ◽  
Soft Law ◽  
Ecclesiastical Law ◽  
The Reformation ◽  
The Law ◽  
The Church

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.

The Ethiopian Embassy in 1895, the Church and State Relations and Ideological Searching of the Conservatives at the Close of the 19th Century

2020 ◽  
Vol 102 ◽  
pp. 411-419
Author(s):  
Alexander Yu. Polunov
Keyword(s):  
19Th Century ◽  
Church And State ◽  
African State ◽  
Special Importance ◽  
Common People ◽  
The People ◽  
Church Life ◽  
State Relations ◽  
The 19Th Century ◽  
The Church

The article examines the religious and symbolic aspects of the Ethiopian Embassy (mission) to Russia (1895) in the context of church and state relations and ideological searching of Russian conservatives in the end of the 19th century. The visit of the Embassy to Russia aroused special interest of the Ober-Procurator of the Most Holy Synod K.P. Pobedonostsev who saw the people of the African State as supporters of the patriarchal values, so important for him, such as – patriarchal simplicity, devotion to traditions, genuine religiousness. For Pobedonostsev the embodiment of those values in Russia were the establishments related to his activities as head of the clerical office (primarily church schools for common people), that’s why he attached special importance to the visits of the African guests to those schools in the course of their mission. The visits were meant to reveal the spiritual kinship of the Christians from that distant country with Russian church life and consolidate their attraction to Russia.

The Statesmanship of Job: Puritan Joseph Caryl on Job as the Model Magistrate

2019 ◽  
Vol 90 (3) ◽  
pp. 213-230
Author(s):  
Adam M. Carrington
Keyword(s):  
Political Thought ◽  
Book Of Job ◽  
The People ◽  
The Law ◽  
The Church ◽  
Do So

This article examines English Puritan Joseph Caryl’s political reading of the biblical book of Job. In his era’s definitive commentary on that work, Caryl included parts of the book within the ‘mirror for princes’ genre, a long-standing genre focused on instructing current and future rulers. Focusing on Job 29, Caryl described Job as exemplifying what magistrates should pursue, why they should pursue it, and how they should do so, namely a ruler dedicated to justice, protective of the people and the church in an evil age, and an impartial administrator of the law. This article adds to the literature on English Puritan political thought, which has not directly addressed Caryl’s reading of Job, as well as contributing to present discussions on the characteristics of good rulers in present times.

Crown, Mitre and People in the Nineteenth Century

2021 ◽  
Author(s):  
G. R. Evans
Keyword(s):  
Nineteenth Century ◽  
Church Of England ◽  
Church And State ◽  
The State ◽  
First Century ◽  
Ecclesiastical Law ◽  
The People ◽  
The Many ◽  
The Relationship ◽  
The Church

Throughout the nineteenth century the relationship between the State and the Established Church of England engaged Parliament, the Church, the courts and – to an increasing degree – the people. During this period, the spectre of Disestablishment periodically loomed over these debates, in the cause – as Trollope put it – of 'the renewal of inquiry as to the connection which exists between the Crown and the Mitre'. As our own twenty-first century gathers pace, Disestablishment has still not materialised: though a very different kind of dynamic between Church and State has anyway come into being in England. Professor Evans here tells the stories of the controversies which have made such change possible – including the revival of Convocation, the Church's own parliament – as well as the many memorable characters involved. The author's lively narrative includes much valuable material about key areas of ecclesiastical law that is of relevance to the future Church of England.

Religious oikonyms of Nizhny Novgorod Region as part of the regional cultural and historical heritage

Neophilology ◽  
2019 ◽  
pp. 483-490
Author(s):  
Olga V. Nikiforova
Keyword(s):  
19Th Century ◽  
Lexical Meaning ◽  
The People ◽  
Christian Culture ◽  
Productive Process ◽  
Historical Heritage ◽  
The 19Th Century ◽  
The Church ◽  
Nizhny Novgorod Region ◽  
Regions Of Russia

We consider religious oikonyms of the Nizhny Novgorod Region. We analyze the specifics of formation of rural toponyms on the basis of cult and religious lexicon and also establish the originality of their lexical meaning. We note that religious oikonyms have a specific place on the Russian toponymic map as they represent the church importance in the Nizhny Novgorod Region and contain the memory of the Christian culture of the Russian people. The inhabited places naming as churches and religious holidays was a productive process in the 19th century and nowadays there are still religious oikonyms in the Nizhny Novgorod Region. In the researched territory the toponyms of religious semantics were not renamed therefore many settlements kept sacral names. We prove that geographical names with Orthodoxy origins reflect not only historical and social, ethnocultural, but also and language features of the Russian ethnos. We conclude that religious oikonyms study on material of different regions of Russia allows the researcher to reveal existentional values of the villager, namely – what Saints in the area were esteemed more, what religious holidays were not indifferent to the people both pragmatically and spiritually.

Ecclesiastical Law and the Law of God in Scripture

1998 ◽  
Vol 5 (22) ◽  
pp. 7-13 ◽  
Author(s):  
Anthony Bash
Keyword(s):  
Church Of England ◽  
Case Law ◽  
Substantive Content ◽  
Ecclesiastical Law ◽  
The Subject ◽  
The Law ◽  
The Church ◽  
Positivist Approach

The Ecclesiastical Law Society is rightly promoting afresh the study of ecclesiastical law. In the case of the Church of England, the sources of ecclesiastical law are three-fold: case-law, statutes (and Measures made thereunder) and the Canons of the Church of England. These are the formal sources for identifying and expounding (Anglican) ecclesiastical law. The sources qua sources may not be the subject of debate; the debate may only be as to the interpretation of the contents of the sources and whether the sources should be amended. This approach to determining the substantive content of ecclesiastical law reflects the positivist approach to law, such as Bentham, Austin and Hart have set out.

The Treatment of Human Remains under the Ecclesiastical Law of England

2021 ◽  
Vol 23 (1) ◽  
pp. 3-18
Author(s):  
Ian Blaney
Keyword(s):  
Local Authority ◽  
Church Of England ◽  
Human Remains ◽  
The Past ◽  
Ecclesiastical Law ◽  
Modern Treatment ◽  
The Law ◽  
Legal Character ◽  
Burial Grounds ◽  
The Church

Human remains interred in parish churchyards or in consecrated portions of local authority cemeteries are within the faculty jurisdiction of the consistory courts of the Church of England. A faculty is required for the disturbance of human remains lying within the faculty jurisdiction. This article will examine the law surrounding consecrated burial grounds in England and the disinterment of human remains therefrom and what this demonstrates about the principles of the ecclesiastical law of England relating to their protection. If ecclesiastical law provides for the protection of human remains, what is the justification for that and how adequate is the protection? The article will compare the consistory courts’ treatment of human remains with the regulation of remains outside the faculty jurisdiction, and attempt to relate canonical principles towards human remains with the legal character of consecrated ground. It will investigate whether the modern treatment of human remains is different from the treatment of remains in the past. By these comparisons I hope to better explore what justifications exist for the approach the consistory courts have taken in regulating disturbance of human remains.

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