Constitutional Principle – Outline in depth into the legal, historical, and political social evidence that exists to support separation of church and state.
Russian Law on Religion – Provides breaking news on religious liberty issues; articles on religous rights, repression, freedom, and links to related organizations.
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Rites
Religious Rites
It has been remarked that the developed ceremony of baptism, with its threefold renunciation, resembles the ceremony of Roman law known as emancipatio, by which the patria potestas (or power of life and death of the father over his son) was extinguished. Under the law of the XII. Tables the father lost it, if he three times sold his child. This suggested a regular procedure, according to which the father sold his son thrice into mancipium, while after each sale the fictitious vendee enfranchized the son, by manumissio vindicta, i.e. by laying his rod (vindicta) on the slave and claiming him as free (vindicatio in libertatem).
Then the owner also laid his rod on the slave, declaring his intention to enfranchise him, and the praetor by his addictor confirmed the owner’s declaration. The third manumission thus gave to the son and slave his freedom. It is possible that this common ceremony of Roman law suggested the triple abrenunciatio of Satan. Like the legal ceremony, baptism freed the believer from one (Satan) who, by the mere fact of the believer’s birth, had power of death over him. And as the legal manumission dissolved a son’s previous agnatic relationships, so, too, the person baptized gave up father and mother, etc., and became one of a society of brethren the bond between whom was not physical but spiritual. The idea of adoption in baptism as a son and heir of God was almost certainly taken by Paul from Roman law.
Source: Encyclopedia Britannica (1911)
Law, Religion
From the book The Clergyman’s Hand-book of Law, about Law, Religion (1): From the dawn of the science of law it has been influenced by religion or antagonism to religion. This is very evident in the ancient laws of Babylonia, Egypt, Phenicia, Israel, India, and Ireland. It would be impossible to make a study of the law of any of said countries without gaining a knowledge of its religious system, whether pagan or otherwise.3
Religion
From the book The Clergyman’s Hand-book of Law, about Religion (1): Religion is still further distinguished, but not very satisfactorily defined, for the reason that etymologists have not agreed upon the derivation of the word. When the matter was brought before our courts and it became necessary to give a definition, the highest court in our country gave the following: “The term ‘religion’ has reference to one’s views of his relations to his Creator, and to the obligations they impose of reverence for His being and character, and of obedience to His will. It is often confounded with cultus or form of worship of a particular sect, but it is distinguishable from the latter.”57 One of our highest courts held that “religion,” as used in the trust provision in a will for the purchase and distribution of religious books or reading as they shall be deemed best, means “Christian.”58 But the Supreme Court of another State held that “religion” is not equivalent to “Christian” religion, but means the religion of any class of men.59 Judge Willis defines “religion” thus: “It is what a man honestly believes in and approves of and thinks it his duty to inculcate on others whether with regard to this world or the next; a belief in any system of retribution by an overruling power. It must, I think, include the principle of gratitude to an active power who can confer blessings.”60
Crime, Religion
From the book The Clergyman’s Hand-book of Law, about Crime, Religion (1): The law prohibiting any person who is a polygamist or bigamist, or who teaches, advises, counsels, or encourages the same, from holding any office of honor, trust, or profit, is constitutional; and a crime is none the less so, nor less odious, because it is sanctioned by what any particular sect may designate as religion. A state has the right to legislate for the punishment of all acts inimical to the peace, good order, and morals of society.66
Express Recognition of Deity in Constitutions
In relation to the express recognition of deity in constitutions and constitutional law, Jaclyn L Neo[1] made the following observation: A significant number of countries explicitly or indirectly recognize deity or God in their constitutions. Express recognition may be found in either the preamble and/or the operative text. There is indirect recognition of deity when the constitution refers to a religion, a religious institution, or designates that the head of state must be a member of a specific religion (see also relation of religion to state and society). Such arrangements implicitly associate the constitution with deity, since at their core religions proclaim some belief in the divine. A (…)
This entry provides an overview of the legal framework of religion, with a description of the most significant features of religion at international level.
Related Work and Conclusions
Resources
See Also
Civil Liberty
Civil Right
Legal Right
Citizen Freedom
Political Liberty
Constitutional Right
Political Right
Freedom of Speech
Resources
See Also
References (Papers)
Free Exercise And The Problem Of Symmetry, Nelson Tebbe, Sep 2017
Religion And Marriage Equality Statutes, Nelson Tebbe, Sep 2017
Associations And The Constitution: Four Questions About Four Freedoms, Nelson Tebbe, Sep 2017
Rethinking Religious Exemptions From Title Ix After Obergefell, Cara Duchene, Jun 2017
A Fixture On A Changing Court: Justice Stevens And The Establishment Clause, Erwin Chemerinsky, Jun 2017
Difficult Definitional Problems In Tax Administration: Religion And Race, Jerome Kurtz, Apr 2017
Resources
See Also
Further Reading
Entry “Religion” in the work “A Concise Encyclopedia of the European Union from Aachen to Zollverein”, by Rodney Leach (Profile Books; London)
Resources
Notes and References
Max Planck Encyclopedia of Comparative Constitutional Law, Jaclyn L Neo, “Express Recognition of Deity in Constitutions” (2018, Germany, United Kingdom)
See Also
Constitutional mention of God or other deities
Official religion
Christianity
Islam
Status of religious law
Resources
Notes and References
Charles M. Scanlan, The Clergyman’s Hand-book of Law. The Law of Church and Grave (1909), Benziger Brothers, New York, Cincinnati, Chicago
See Also
Religion
Church
Resources
Notes and References
Charles M. Scanlan, The Clergyman’s Hand-book of Law. The Law of Church and Grave (1909), Benziger Brothers, New York, Cincinnati, Chicago
See Also
Religion
Church
Resources
Notes and References
Charles M. Scanlan, The Clergyman’s Hand-book of Law. The Law of Church and Grave (1909), Benziger Brothers, New York, Cincinnati, Chicago
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