HISTORY OF LAW AND RELIGION (HISTORY OF SEPRATION OF CHURCH AND STATE

Question 1

Us and state

Answer 1

First amendment – separate church and state (wall of separation – Roger Williams)
- Lemon v Kurtzman: lemon test
1.1 Gov can only assist if purpose is to assist is secular
1.2 Assistance neither promotes nor inhibits religions
1.3 Where there is not excessive entanglement between the state and the church

Question 2

the protestant reformation

Answer 2

• Martin Luther – 16th century
• Radicals protect against Catholicism and corruption
• Luther proclaimed the abolition of the ecclesiastical jurisdiction
• Luther’s doctrine taught that politics and law were not a path to grace and faith, however, still believed that the moral law and the law of civil society to deter misconduct and people conscious of their obligations; Luther adapted a positive view of secular law.

Question 3

English reformation

Answer 3

• King Henry the 6th
• Political, economic and personal reasons for separation of church and state
• Acts; 3
  1776 relief act – removed prohibition on voting
  1779 Irish relief act- removed prohibition on catholics from holding political office
  1829 emancipation act – overturned the penal restrictions on catholic practise

Question 4

the french revolution

Answer 4

• Anticlericalism in France – opposition of clergy in participation in politics
• Reign of terror -1793 to 94.
• Consequence suppression of Catholicism, nationalization of church property
• Law in 1905 enacting LAICITE (a form of secularism)
• Led to other statutes legalizing work on Sunday, allow divorce, Christian calendar replaced, religious charters removed, seminarians could be conscripted, and secularizing hospitals and schools.