Law and Protestantism in Denmark

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.

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):  
Thomas M. Green

This chapter argues that the subject of theology and jurisprudence in Scotland falls into two distinct and often independent histories, the first concerning the reception of Canon law in Scotland prior to the Reformation in respect of both ecclesiastical and civil law, the second concerning the reception of the ‘law of God’ into ecclesiastical and criminal law during the era of the Reformation. The continued authority of Canon law in Protestant Scotland is considered alongside the development of the Church of Scotland’s disciplinary jurisdiction and the criminalization of sin. Areas in which these two distinct histories intersected in respect of marriage law and the law of incest are considered. The interaction of theology and jurisprudence among the writings of Scotland’s earliest legal writers and earliest institutional writers is also considered, including the influence of Calvinism on criminal law, and of scholastic moral theology on Scots private law.


Author(s):  
Philip Pettit

H.L.A. Hart’s (1961) book The Concept of Law already caught my fancy as an undergraduate student in Ireland. It seemed to do more in illumination of its theme than most of the tomes in analytical, continental or scholastic philosophy to which I was introduced in a wonderfully idiosyncratic syllabus. What I attempt here, many years later, is guided by a desire to explore the possibility of providing for ethics and morality the sort of perspective that Hart gave us on the law....


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.


Lex Russica ◽  
2020 ◽  
Vol 1 (1) ◽  
pp. 88-117
Author(s):  
Yu. A. Vedeneev

The law exists in the form of institutions and in the form of representations of institutions, since the representation of something (phenomenon) has a conceptual dimension in the representation of something (concept). Representations of law and representations of law are two aspects of the expression and manifestation of the general legal reality. This, in fact, leads to a fundamental dilemma in determining the subject of legal science. This is the science of law or the science of legal science. Given that the concept of law is a theory of law developed into a system of definitions, the practical language of law finds itself in the theoretical language of jurisprudence, and vice versa. The languages in which the law operates, and the languages in which the phenomenon of law is interpreted, constitute the general object and subject of jurisprudence.Jurisprudence is a conceptual part of legal reality, both an object and a subject of legal science. The evolution of jurisprudence in the cultural-historical logic of changes in its subject and methods is the basis for changes in its disciplinary structure and connections in the general system of social and political sciences. Each cultural and historical epoch of the existence of law corresponds to its own grammar of law and its own epistemology of law, that is, its own analytical language and disciplinary format of legal knowledge. The law exists in the definitions of its concept. The concept of law has both an ontological and epistemological status. One thinks of law because it exists, and one understands the law because it is defined. Each tradition of understanding the law can be conceptually seen in the phenomenon of law that other traditions of legal understanding do not see or do not notice. The history of the development of the concept of law (conceptualization of law) contains the history of the development of legal institutions (institutionalization of law). Both components of legal reality — objective and subjective grounds and conditions for the emergence and development of the phenomenon of law live in the framework definitions of their social culture, its language and discourse. That is, they live in historical forms of awareness and understanding of one’s own law — from the law indicated in rituals, myths, signs and symbols, to the law indicated in canonical texts, doctrines and concepts; from the law of disciplinary society to the law of network communities; from the law of political domination and bureaucratic management to the law of civil communications and network agreements.


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.


10.12737/5497 ◽  
2014 ◽  
Vol 2 (9) ◽  
pp. 18-25
Author(s):  
Ерзат Бекбаев ◽  
Erzat Bekbaev

The function of the concept of law in scientific knowledge is shown as an exact idea about the signs of law distinguishing it from the other objects. Another logical function of concept of law is in the ability to reflect in thoughts more or less complete result, the amount of knowledge about the law. It is argued that the essence of law can be known, provided the pre-obtained full and complete knowledge of the law as a special subject of scientific knowledge. The possibility of using logical principles of the construction of scientific theories in the science theory of law.


2009 ◽  
pp. 201
Author(s):  
Myra Rosana

AbstrakCooperatives (Koperasi) as a nature of business culture based on the conceptof Indonesian society of mutual 'gotong royong' presence is still needed forthe recent and imminent. Basic rules governing the cooperatives createdduring more than 10 years ago, although its execu1ive regulations made aftermuch until now. The concept of law as the basis of the Cooperative Law of1992 has much to be updated if the Indonesia cooperative as one of theenterprises is still expected to compete with other business entities inIndonesia and the international sphere. Some description has been offeredin this article, shows that still so many things that are conceptually still needmore studies in considering the existence of Act No.25 of 1992 onCooperatives has lasted for about 18 years. Although government has issuedimplementing regulations and implementation of various rules, but as longas the basic provisions of the Law has not been a4justed to the wishes of thechanges in the economy generally and the provisions of the particularbusiness entity, the cooperative movement as a business entity is stillinsuffiCient and its existence cannot be thought to stand in line with otherbusiness entities either in Indonesia or, international community.


2015 ◽  
Vol 11 (1) ◽  
pp. 71
Author(s):  
Arnar Þór Jónsson

This article is focused on two basic concepts: Law and Society. Older sources do not clearly indicate that a sharp distinction was commonly drawn between the society on one hand and the law on the other. Regardless of the evolution and progress which has been made in both areas the ties between these two subjects have not been disconnected. In fact, one does not have to reflect long on the matter to understand the obvious and necessary coherence. The influence is interactive. This reciprocity means, inter alia, that rights cannot be claimed without the shouldering of corresponding duties. Comprehension of this basic strand in the concept of law demarcates the basis for our everyday existence.


2016 ◽  
Vol 3 (2) ◽  
pp. 36-41
Author(s):  
Y A Gavrilova

This article examines the semantic approach to law as a uniting platform in the process of explanation, description and understanding of scientific novelty of legal knowledge. The author believes that the convergence of scientists on questions of the concept of law it is necessary to correlate with these questions, the problem of the nature and specificity of legal knowledge, which is uniform and often varies within appropriate types of scientific rationality: classical, nonclassical and postnonclassical. Therefore, it is proposed author’s vision of the solution to the problem of the «irreducibility» of the various approaches to the law (to ensure its integrity or integrative), as the most profound philosophical and ideological basis of such a combination is the sense of entitlement. The author comes to the conclusion that the semantic approach allows to optimally combine the material-existential and ideal-spiritual components of the phenomenon «law» in society, but also to expand the range of algorithms to obtain new legal knowledge in unity of classic, nonclassic and postnonclassic.


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