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Fra Hemmingsen til Kofod Ancher : Naturrettens betydning for kirkeretten i Danmark

Jensen, Mads LU (2023) In Kirkeretsantologi 2023. p.221-238
Abstract
This chapter surveys the history of natural law in Denmark from the reformation to the eighteenth century, with a special focus on its significance for the development of a universal or general church law. It shows that the Danish theologian Niels Hemmingsen developed a rationalist theory of natural law based on human nature. In line with his teacher Philipp Melanchthon, this was the basis for a rational demonstration of the Decalogue and thus the ruler’s duty to enforce the true religion. It further argues that the significance of “modern” or post-Grotian natural law in Denmark is best understood by focusing on its institutionalisation as an academic subject. As such, it became the basis of a jus ecclesiasticum universale, where the... (More)
This chapter surveys the history of natural law in Denmark from the reformation to the eighteenth century, with a special focus on its significance for the development of a universal or general church law. It shows that the Danish theologian Niels Hemmingsen developed a rationalist theory of natural law based on human nature. In line with his teacher Philipp Melanchthon, this was the basis for a rational demonstration of the Decalogue and thus the ruler’s duty to enforce the true religion. It further argues that the significance of “modern” or post-Grotian natural law in Denmark is best understood by focusing on its institutionalisation as an academic subject. As such, it became the basis of a jus ecclesiasticum universale, where the relationship between state and religion became a contingent historical fact established in positive law. It was this historical contingency and limited purpose of the state according to natural law,
rather than eternal “rational” principles, that became the foundation for a secularisation of the Danish state in the eighteenth century, in theory if only to a limited extent in practice. (Less)
Please use this url to cite or link to this publication:
author
organization
publishing date
type
Chapter in Book/Report/Conference proceeding
publication status
published
subject
host publication
Kirkeretsantologi 2023: Præstens tjenstlige forpligtelser : Kirkerettens retskilder - fra reformationen til nu - Kirkerettens retskilder - fra reformationen til nu
series title
Kirkeretsantologi
editor
Christoffersen, Lisbet ; Martensen-Larsen, Martin and Kjærgaard, Lars Chr.
volume
2023
pages
221 - 238
publisher
Eksistensen Akademisk : for Selskab for Kirkeret
ISSN
1604-6625
ISBN
978-87-410-0905-6
9788787410090
language
Danish
LU publication?
yes
id
5c916dbd-735b-4f1c-aebf-bbdf4ba15a07
date added to LUP
2024-10-17 10:11:25
date last changed
2025-04-04 14:52:20
@inbook{5c916dbd-735b-4f1c-aebf-bbdf4ba15a07,
  abstract     = {{This chapter surveys the history of natural law in Denmark from the reformation to the eighteenth century, with a special focus on its significance for the development of a universal or general church law. It shows that the Danish theologian Niels Hemmingsen developed a rationalist theory of natural law based on human nature. In line with his teacher Philipp Melanchthon, this was the basis for a rational demonstration of the Decalogue and thus the ruler’s duty to enforce the true religion. It further argues that the significance of “modern” or post-Grotian natural law in Denmark is best understood by focusing on its institutionalisation as an academic subject. As such, it became the basis of a jus ecclesiasticum universale, where the relationship between state and religion became a contingent historical fact established in positive law. It was this historical contingency and limited purpose of the state according to natural law,<br/>rather than eternal “rational” principles, that became the foundation for a secularisation of the Danish state in the eighteenth century, in theory if only to a limited extent in practice.}},
  author       = {{Jensen, Mads}},
  booktitle    = {{Kirkeretsantologi 2023: Præstens tjenstlige forpligtelser : Kirkerettens retskilder - fra reformationen til nu}},
  editor       = {{Christoffersen, Lisbet and Martensen-Larsen, Martin and Kjærgaard, Lars Chr.}},
  isbn         = {{978-87-410-0905-6}},
  issn         = {{1604-6625}},
  language     = {{dan}},
  pages        = {{221--238}},
  publisher    = {{Eksistensen Akademisk : for Selskab for Kirkeret}},
  series       = {{Kirkeretsantologi}},
  title        = {{Fra Hemmingsen til Kofod Ancher : Naturrettens betydning for kirkeretten i Danmark}},
  volume       = {{2023}},
  year         = {{2023}},
}