
Contents
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I. Introduction I. Introduction
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II. The Law of Church–State Relations and Religious Freedom II. The Law of Church–State Relations and Religious Freedom
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1. Lutheranism 1. Lutheranism
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2. Anabaptism 2. Anabaptism
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3. Anglicanism 3. Anglicanism
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4. Calvinism 4. Calvinism
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III. Criminal Law and Procedure III. Criminal Law and Procedure
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IV. Marriage and Family Law IV. Marriage and Family Law
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1. Lutheranism 1. Lutheranism
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2. Calvinism 2. Calvinism
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V. Education Law V. Education Law
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VI. Social Welfare Laws VI. Social Welfare Laws
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VII. Conclusions VII. Conclusions
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Recommended Reading Recommended Reading
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26 Law and the Protestant Reformation
Get accessJohn Witte , Jr. (JD, Harvard; Dr. Theol. h.c., Heidelberg) is Robert W. Woodruff Professor of Law, McDonald Distinguished Professor, and director of the Center for the Study of Law and Religion at Emory University. A specialist in legal history, marriage law, and religious liberty, he has published over 250 articles, sixteen journal symposia, and thirty books. Prof. Witte’s writings have appeared in fifteen languages, and he has delivered more than 350 public lectures throughout North America, Europe, Japan, Israel, Hong Kong, South Korea, Australia, and South Africa. With major funding from the Pew, Ford, Lilly, Luce, and McDonald foundations, he has directed fourteen major international projects on democracy, human rights, and religious liberty; on marriage, family, and children; and on law and Christianity. He edits “Emory University Studies in Law and Religion” (Eerdmans) and “Cambridge Law and Christianity Series” (Cambridge University Press), and co-edits The Journal of Law and Religion. He has been selected twelve times by the Emory law students as the most outstanding professor and has won dozens of other awards and prizes for his teaching and research.
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Published:08 August 2018
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Abstract
The sixteenth-century Protestant Reformation revolutionized not only theology and the Church, but also law and the state. Though divided into Lutheran, Anabaptist, Anglican, and Calvinist branches, the Reformation collectively broke the international rule of the medieval Church and its canon law, and permanently splintered Western Christendom into competing nations and regions. The Reformation also triggered a massive shift of power, property, and prerogative from the Church to the state. Protestant states now assumed new jurisdiction over numerous subjects and persons, and they gave new legal form to Protestant teachings. But these new Protestant laws also drew heavily on the medieval ius commune as well as on earlier biblical and Roman jurisprudence. This chapter analyses the new Protestant legal syntheses, with attention to the new laws of Church–state relations, religious and civil freedom, marriage and family law, education law, social welfare law, and accompanying changes in legal and political philosophy.
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