Chapter

The Challenge of New Theories of Law

Ulrich L. Lehner

in Enlightened Monks

Published in print March 2011 | ISBN: 9780199595129
Published online September 2011 | e-ISBN: 9780191729096 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199595129.003.0008
The Challenge of New Theories of Law

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The understanding of natural law in the German speaking lands underwent a remarkable change during the 18th century. The church was no longer seen as a state within the state but as a society that was subject to the laws of the state. Many Benedictine monks supported this new theory and even advocated in favor of a secularization of their abbeys in order better to serve the common good. Others even went so far as to give the state full jurisdiction regarding the canonical laws of marriage, or helped the state authorities in their aim to reform monasticism according to the whims of the sovereign.

Keywords: natural law; canon law; state and church relationship; secularization; episcopalism; state supremacy over the church; Ultramontanism

Chapter.  11098 words. 

Subjects: Modern History (1700 to 1945)

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