The American Colonial Environment and Religious Liberty

1935 ◽  
Vol 4 (1) ◽  
pp. 43-56
Author(s):  
W. W. Sweet

There is nothing inherent in Christianity itself which calls for a close relationship with the state. Primitive Christianity “demanded the complete separation of church and state,” asserting that each must be recognized as having its own distinct and independent mission to perform. For the first three hundred years of Christian history the church existed entirely apart from the state, and indeed had not even a legal status. Then came a time during which the church became little more than a branch of the state, and in this period it lost practically all independence of development, and was largely diverted from its proper work to serve political ends. It was as a result of this danger that the church developed, during the next period in its history, the doctrine of its independence of state control, and in the great investiture struggle, maintained it with success, against Roman emperors and German kings. Then the church having secured its independence of state control, and having perfected its organization to a high degree, and having grown strong and aggressive, it went a long step further and asserted the right of the church to control the state. But it needs no argument to prove that both the control of the church by the state and the control of the state by the church are equally foreign to the teaching of Christianity as such.

2018 ◽  
Vol 33 (2) ◽  
pp. 155-171
Author(s):  
Matteo Visioli

AbstractIn Catholic doctrine, church and state are two different and autonomous institutional subjects, but they are mutually linked. Therefore, a believer, as a citizen, is a subject simultaneously of two legal systems; the state is bound to recognize the confessional dimension of its own members, and the church is called to realize its proper ends within a precise political-social context. The Second Vatican Council (1962–1965) constitutes for the Catholic Church a point of change and renewal. It did not limit itself to affirming the coexistence of the two systems in their independence, but it declared the necessity of a mutual alliance for the good of citizens and believers.Therefore, the church offers its own contribution to the state, favoring in this way the right to religious liberty; and the state allows the church to establish itself and carry out its proper mission in an institutional form, guaranteeing the protection of the rights of citizens as believers for the free expression of their faith, whether in a private dimension or in an organized form. Vatican II abandons, therefore, the concept of “state religion” in the classic sense of the term, and thus the privilege reserved to one among numerous religious expressions, and opens an authentic collaboration between parties as a prerequisite for the good not only for individual believers and religious organizations, but also for society itself. In particular, religious liberty finds its foundation no longer in the concept of truth (that legitimized the exclusion of other confessions in that they were “not true”), but in the concept of the dignity of the person, which must be protected as such.


Author(s):  
David M. Whitford

Violence was first experienced in the church as martyrdom. Under the Roman Empire, Christians were subjected to state-sponsored penalties ranging from fines to corporal punishment to execution. A number of prominent early theologians and apologists fell victim, including Polycarp, Justin Martyr, Origen, Cyprian, Perpetua, and Felicity. With the end of persecution under Constantine and then its eventual designation as the empire’s official religion, Christianity’s relationship to violence changed significantly. While some theologians had attempted to grapple with the question of whether Christians could join the Roman armies, the new relationship between church and state required new theological consideration. Accordingly, new questions arose: For example, could or should the state enforce right belief? Over time, three general approaches to violence emerged. The first is a coercive model. In this model, the state (and then later, the church in places) used its punitive powers to enforce Christian orthodoxy and fight against its enemies, both within its own borders and externally. St. Augustine provided part of the justification for coercion in his “Letter 93: To Valentius,” in which he argued that not all persecution is evil. If persecution is aimed at bringing one to right belief and practice, it has a positive goal. Many heresy trials and later executions were supported by “Letter 93.” Later thinkers expanded the model of internal persecution against heretics to external attacks on those deemed threatening to Christianity from outside the church or outside the empire. The Crusades were largely justified on such bases. The second is a pacifist model. Though perhaps the dominant model in the first two centuries of the church, it was quickly eclipsed by the other two perspectives. Early theologians such as Tertullian and Cyprian argued that because Christ forbade Peter to use the sword in the Garden of Gethsemane, Christians were forbidden from using violence to achieve any ends, “but how will a Christian man war, nay, how will he serve even in peace, without a sword, which the Lord has taken away” (Tertullian, On Idolatry, Chapter 19, “On Military Service.”) In the medieval period, the pacifist model was adopted by some monastic traditions (e.g., the Spiritualist Franciscans), but more commonly by what were then considered heretical movements, including the Cathars, Albigensians, Waldensians, and Czech Brethren. The final model is often called the “Just War” perspective. The origin for this theory can be found in St. Ambrose’s response to a massacre of innocent people. He argued that while a Christian should never use violence for his or her own benefit, there were times when a Christian, out of love for neighbor, had to use violence to protect the weak or innocent. To stand by and watch the powerful attack or kill the innocent when one can do something to prevent it is nearly as great a sin as being one of the attackers. As with the coercive model, Augustine provided much of the framework for this view of violence. Augustine allowed that there were some righteous wars, fought at the command of God as punishment for iniquity. That view remained less influential and is more closely connected to the coercive model. Far more influential was his view that there were wars that were necessary for the protection of the homeland and the innocent. In this sense, he outlined two major principles that guided later thinking. First, a war must have a right (or just) cause (ius ad bellum), and one must fight the war itself justly (ius in bello). Just causes included defending the homeland, coming to the aid of an ally, punishing wicked rulers, or retaking that which was unlawfully stolen. Beyond the simple cause, it also had to be rightly intentioned—it could not be fought for vainglory’s sake, nor to take new lands. It had to have some method of state control, since states go to war, not individual people. When conducting the war, one also had responsibilities. One had to be proportional, have achievable ends, and fight discriminately (that is, between combatants, not combatants against civilian populations). Finally, and most importantly, war had to be a last resort after all other measures failed, and it had to be aimed at producing a benefit for those one sought to defend. In the medieval era, Thomas Aquinas added significant precision to Augustine’s framework. All three models continued into the Reformation era. The advent of formally competing visions of Christianity following Luther’s excommunication by the pope and his ban by the emperor in 1521 at the Diet of Worms added new dimensions to these models. Martin Luther had occasion to comment upon all three.


2015 ◽  
Vol 64 (1) ◽  
pp. 7-63
Author(s):  
Bent Christensen

Kirke og menighed i Grundtvigs teologi og kirkepolitik 1806-61[Church and Congregation in Grundtvig’s Theology and Church Politics 1806-61]By Bent ChristensenFrom his 1806 work “Om Religion og Liturgie” (On Religion and Liturgy) and forthe rest of his life, N. F. S. Grundtvig was preoccupied with the substance andthe conditions of the church. In this paper, however, the latest text consideredis the final chapter of his book Den christelige Børnelærdom (Christian Childhood Teachings) (1861).The paper presents and analyses a number of statements showing whatGrundtvig understood by the terms “church” and “congregation” through threemain periods: 1. 1806-25 when Grundtvig by criticizing tried to clear the StateChurch of the Danish absolute monarchy of the current heterodox teachings andpractices. - 2. 1825-32 when Grundtvig had to admit that the battle was lost and that he himself was close to ending up as a separatist - 3. The years after 1832 when Grundtvig developed a freedom strategy based on the right of eachparishioner to choose another vicar or minister than the official incumbent ofthe parish (the so-called “sognebåndsløsning”).“On Religion and Liturgy” (written 1806 and printed 1807) was conceivedunder the State Church of the Danish absolute monarchy, a situation in whichit was not feasible to distinguish between the state and the church, nor betweenpeople and congregation. Grundtvig in his harsh criticism of contemporary clergy, however, was moving in the specific Christian dimension. He strove to change the state of things by criticizing them. In a poem dated 1811 he described in a strongly pentecostal and Apostolic perspective how he experienced his recent ordination and his future clerical calling.In his treatise “Om Kirke, Stat og Skole” (On Church, State and School)(1818-19), Grundtvig endeavoured to define the word and the conception of“church” and to examine the relationship between the church and the state. Heused the word “church” in a very broad sense, whereas he defined the Christian“kirkesamfund” (i.e. the community of Christians within the church) quiteprecisely.In his great poem Nyaars-Morgen (New Year’s Morn) (1824), Grundtvigfor the last time expressed his daring dream of a joint Christian and popular revival in Denmark, and in 1825 in the pamphlet Kirkens Gienmæle (The Church’s Retort) he used his “mageløse opdagelse” (i.e. his “matchless discovery”, as he termed it, that the confession of the Apostles’ Creed at the baptism is the only true basis for the authentic Church) for an attack on a heterodox professor of divinity. Grundtvig’s experiment to enforce true Christianity in this way was a failure. He lost the ensuing libel action brought against him by his victim, thus automatically, according to the Freedom of the Press Act of 1799, incurring life-long censorship.“Skal den Lutherske Reformation virkelig fortsættes?” (Should the LutheranReformation Really Continue?) (1830-31) represents Grundtvig’s last attemptto preserve the state church as a Christian community. From the autumn of 1831 until February 1832 he and his revivalist friends approached a separatist solution. However, the outcome was that on 1 March 1832 Grundtvig was granted permission to officiate in a Copenhagen church as a free preacher.From then on Grundtvig took on a radical freedom strategy. The state churchwas to be preserved as an institution embracing heterodox as well as orthodoxbelievers. This would be possible if the parish-defined obligations were abolished(the possibility of “sognebåndsløsning”) so that those Christians who did not feelconfident with the incumbent of their parish might choose to avail themselvesof the services of another vicar. This model was presented in two papers: OmDaabs-Pagten (On the Baptismal Covenant) (1832) and Den Danske Stats-Kirke upartisk betragtet (An Impartial View of the Danish State Church) (1834).Grundtvig could now, at one and the same time, be an orthodox Christianamong his co-orthodox supporters and engage in realizing the cultural programme presented in the comprehensive Introduction to his Nordens Mythologi (Norse Mythology) (1832). From around 1835 he was seized by strong optimism.In 1861 the final part of Den christelige Børnelærdom was published, subtitled“The Eternal Word of Life from the very Mouth of our Lord to his Congregation”.In it, Grundtvig took as a supposition the most radical version of a freechurch, i.e. one with a congregation of perhaps only a few thousand members.Above all, however, this was meant to legitimate that Grundtvig and his friendsremained in what was now, pursuant to the new Danish democratic constitutionfrom 1849, labeled the Danish People’s Church. With the possibility of secessionfrom the People’s Church, and after the passing in 1855 of the law legalizing“sognebåndsløsning”, there actually might be several good reasons to stay.Grundtvig now viewed the People’s Church as a state institution withroom for anything which could in any way be defined as Christianity, and indeedfor the true congregation of orthodox believers. Things never went so far,however. The 1849 Constitution states that the Evangelical-Lutheran Church is the Danish People’s Church. In practice, however—and to a high degree thanks to Grundtvig—there is a great liberality in the People’s Church, and those who desire so may break their ties to their parish and attach themselves to a minister they trust or even form their own elective congregation within the People’s Church. 


Diametros ◽  
2020 ◽  
Vol 17 (65) ◽  
pp. 1-11
Author(s):  
Anna Tomaszewska

This introduction is divided into two parts. First, drawing on Paul Guyer’s suggestion that we should turn to Kant to reinvestigate the foundations of religious liberty, I outline Kant’s views on the relations between the ethical (‘church’) and the political (‘state’) community, as presented in Part Three of the Religion within the Boundaries of Mere Reason, focusing in particular on his arguments for separation between religion and the state. Examining critically the idea to employ Kant in contemporary debates, I claim that Kant’s account of pure moral faith and the church as its ‘vehicle’ may pose difficulties for any argument for religious liberty that appeals to his thought. For Kant is better equipped to offer resources to overcome rather than to accommodate the fact of so-called “moral pluralism,” i.e. the condition in which the principle of religious liberty can find its application. In the second part, I summarise the arguments of the authors who contribute to this volume: D. Jakušić, W. Kozyra, S. Lo Re, G.E. Michalson Jr., and S.R. Palmquist.


Author(s):  
Michael P. DeJonge

Chapter 3’s discussion of kingdoms and orders in the context of political life leads naturally into the topic of this chapter: the church, the state, and their relationship. The present chapter locates the state (or, better, political authority in general) in relationship to Chapter 3’s categories by presenting it as one of the orders by which God’s structures the world. It is an important actor in the temporal kingdom, where God has ordained it to preserve the world through law. The church in its essence is an agent of the spiritual kingdom, bearing God’s redemptive word to the world. The themes of preservation and redemption, the kingdoms, and the orders find many of their concrete expressions in themes of the church, the state, and their relationship.


2007 ◽  
Vol 5 (2) ◽  
pp. 187-208
Author(s):  
Alan Gregory

ABSTRACTUnderstanding Coleridge's classic work On the Constitution of Church and State requires paying close attention to the system of distinctions and relations he sets up between the state, the ‘national church’, and the ‘Christian church’. The intelligibility of these relations depends finally on Coleridge's Trinitarianism, his doctrine of ‘divine ideas’, and the subtle analogy he draws between the Church of England as both an ‘established’ church of the nation and as a Christian church and the distinction and union of divinity and humanity in Christ. Church and State opens up, in these ‘saving’ distinctions and connections, important considerations for the integrity and role of the Christian church within a religiously plural national life.


2019 ◽  
Vol 7 (6) ◽  
pp. 60-64
Author(s):  
Evguenia Alexandrovna Belyaeva ◽  
Elena Aleksandrovna Venidiktova ◽  
Dilbar Valievna Shamsutdinova

Purpose: the aim of the undertaken study is to consider the dynamics of the church-state relationship in the context of Russian new cultural tendencies at the turn of the century. Methodology: Thus, The methodological basis of the research was formed by philosophical analysis of the church-state relationship, historicism and comparison principles. The following tasks were being solved: defining the interaction ways between the religious organizations and the state on the modern stage of the Russian society development; pointing out the prospects of consolidation of both the сhurch and the state around the democratic civil society fostering program in XXI century; revealing the need to promote respectful attitude towards human values as an integral part of spiritual culture. Result: The authors achieved the following results within the study: A wider notions of church and state were introduced demonstrating the similarity of some of their functions: offering moral guidance for social well-being; historic doctrinal models “caesaropapism”, “papocaesarism” and “symphony(concordance) of powers” were identified and characterized alongside with their secular counterparts - separation and cooperation models of church-state relationship. In conclusion of the article the urgent need for the transition of church-state relationship from political to social and cultural spheres was justified. Applications: This research can be used for the universities, teachers, and students. Novelty/Originality: In this research, the model of Socio-Cultural Interaction Forms of Church and State on the Example of the Russian Orthodox Church is presented in a comprehensive and complete manner.


2021 ◽  
Vol 66 ◽  
pp. 240-243
Author(s):  
P. Badzeliuk

This article is devoted to the study of the implementation of the fundamental right of a person to professional legal assistance through the vectors of influence of the bar, the role of the human rights institution in the mechanism of such a right and its place in public life.An effective justice system provides not only an independent and impartial judiciary, but also an independent legal profession. Lawyers play an important role in ensuring access to justice. They facilitate the interaction between individuals and legal entities and the judiciary by providing legal advice to their clients and presenting them to the courts. Without the assistance of a lawyer, the right to a fair trial and the right to an effective remedy would be irrevocably violated.Thus, the bar in the mechanism of protection of human and civil rights and freedoms is one of the means of self-limitation of state power through the creation and active functioning of an independent human rights institution, which is an active subject in the process of fundamental rights. The main constitutional function of the state is to implement and protect the rights and freedoms of man and citizen, and the constitutional and legal status of the legal profession allows it to actively ensure the rights of civil society as a whole and not just the individual. Effectively implement the human rights function of the state by ensuring proper interaction between the authorities and civil society, while being an active participant in the law enforcement mechanism and occupying an independent place in the justice system.Thus, the activities of lawyers are a complex manifestation of both state and public interest. After all, it is through advocacy and thanks to it that the rule of law realizes the possibility of ensuring the rights and freedoms of its citizens. Advocacy, on the one hand, has a constitutionally defined state character, and on the other hand, lawyers should be as independent as possible from the state in order to effectively protect citizens and legal entities from administrative arbitrariness. Thus, the bar is a unique legal phenomenon that performs a state (public-law) function, while remaining an independent, non-governmental self-governing institution.


Author(s):  
Ninik Hartariningsih ◽  
Esti Ningrum ◽  
Wahyu Hariadi

ABSTRACT The number of cases or disputes in the field of land, one of which is due to the existence of multiple certificates, in which this problem can be caused by good ethics and good ethics. This is because land has a close relationship with humans, both for housing and for business. Therefore, the law requires the owner of land rights to register their land, so that they have legal guarantees and guarantees of their rights. Double certificates occur in the case of land being abandoned by a certified owner, for a period of more than 20 years so that the land grows with a thicket, which is then controlled by someone else in good faith for more than 20 years, then the person increases his right of ownership. This is justified by law because the person has controlled the land for more than 20 years, in addition, because the land has been neglected for more than 20 years, the right to annul the land is controlled by the State. Keywords: BPN/ATR, Solution, Double Certificate Abstrak. Banyaknya kasus/sengketa dibidang pertanahan, yang salah satunya adalah karena adanya sertifikat ganda, yang mana masalah ini dapat dikarenakan etikat tidak baik maupun etikat baik. Hal ini dikarenakan bahwa tanah mempunyai hubungan yang erat dengan manusia, baik untuk tempat tinggal maupun untuk berusaha. Oleh karenanya Undang- Undang mewajibkan sipemilik hak atas tanah untuk mendaftarkan tanahnya, agar mempunyai jaminan hukum dan jaminan haknya. Sertifikat ganda terjadi dalam hal tanah ditelantarkan oleh pemiliknya yang sudah bersertifikat, dalam jangka waktu lebih dari 20 tahun sehingga tanah tersebut tumbuh semak belukat, yang kemudian dikuasai oleh orang lain dengan itikat baik selama lebih dari 20 tahun, kemudian orang tersebut meningkatkan haknya menjadi hak milik.Hal ini dibenarkan oleh undang-undang karena org tersebut telah menguasai tanah tersebut selama lebih dari 20 tahun, selain itu karena tanah tersebut ditelntarkan selama lebih Dri 20 tahun, maka haknya hapus tanah dikuasai oleh Negara. Kata Kunci : BPN/ATR, Penyelesaian, Sertifikat Ganda


Author(s):  
Caroline Corbin

Religious surveys are finding greater percentages of Americans who self-identify as secular. At the same time, religious exemptions under the Free Exercise Clause have become more difficult to obtain. However, religion jurisprudence in the United States has not become more secular for two reasons. First, this greater unwillingness to grant constitutional exemptions reflects a shift in constitutional jurisprudence from “separationism” to “neutrality.” Rather than building a wall between church and state, the Establishment Clause is now interpreted to impose fewer restraints on state-sponsored religion. Second, statutes like the federal Religious Freedom Restoration Act and its state counterparts have not only reestablished separationist era levels of protection for religious liberty but increased them. The result is a religion jurisprudence where religion is accommodated more than ever, while the state has more leeway to advance religion. This combination has unfortunate consequences for both secular people and core secular values, such as antidiscrimination.


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