The Reformation of the 16th century fundamentally changed the relationship between church and state. While the Catholic Church had extensive influence on all matters religious and secular, many Protestant traditions focused on distinguishing between the two areas. Therefore, it is necessary to understand how the complex interplay of church law and positive/common law within various Protestant denominations and the legal systems interact, influence, and sometimes create conflict in regulating the internal affairs of Protestant churches and their relationships with the wider society. It is also necessary to explore how Protestant churches resolved the tension between internal autonomy and external responsibility, and how positive law systems accommodate and respect the diverse legal structures of different religious communities. Academic exploration of religious freedom, legal pluralism, and the role of faith in the public sphere and life should be dealt with as well. Freedom of religion was accepted as a core universal human right in Bill of Rights, U.S. Constitution, after the Reformation, and the Universal Declaration of Human Rights later. However, in the area of anti-discrimination in the 21st century, are view of issues that limit religious freedom (freedom of religious expression) is requested.
This special workshop welcomes research on a variety of topics, including:
• How did the various branches of the Protestant Reformation (Lutherans, Presbyterians, Anglicans, etc.) approach church law and its relationship with positive/common law?
• To what extent have Protestant churches developed separate legal systems to regulate internal governance, discipline, and doctrinal matters?
• How have the positive/common law systems of various countries historically interacted with or accommodated the legal structures of the Protestant Church?
• What are the conflicts between church law and positive/common law in relation to marriage, divorce, religious freedom, clergy rights, etc., and how have these conflicts been resolved?
• How are Protestant churches using or adapting their systems of church law and positive law to respond to new challenges such as social change, technology, and globalization in the contemporary context?
We also welcome various research methodologies, such as:
• Historical Analysis: Understanding the development of church law and its interaction with positive/common law in various Protestant contexts by researching primary sources such as church constitutions, legal declarations, theological treatises, and historical records.
• Comparative Analysis: Comparing the legal systems of various Protestant denominations and how they interact with the legal systems of various countries.
• Case study: Analysing the relationship between church law and positive/common law, focusing on specific cases where they conflicted or cooperated.
• Legal Analysis: Issues related to positive/common law systems in relation to church law and religious organizations by examining relevant legal provisions, court decisions, legal theory, and legal philosophy.
Additionally, any research on Protestant church law, positive law, and their relationship is welcome, even if it is a research topic and methodology not mentioned here.