Post a Comment. For there is no authority except from God, and those that exist have been instituted by God. Would you have no fear of Hitler? But if you do wrong, be afraid, for he does not bear the sword in vain. Thanks to Pastor I. Todyaso for pointing this version of Romans 13 out. Hitler and the Nazis indeed abused the text of Romans 13 in the same way that the Afrikaner Calvinists in South Africa did.
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Hitler commanded blind submission and unquestioning Absolute obedience to him and Nazi policies. When the burning flesh of her lawful neighbors manufactured the air unbreathable - Romans National Socialism in Germany developed much in the same way as Afrikaner Calvinism did as Nazism was mainly a stream of Social Calvinism mixed with racism, nationalism, theocracy and separatism though there were other things mixed in that formed Nazism as well such as a syncretic mixture of Christian religion , the Occult and Paganism.
Nazi Christianity was truly a corrupt and perverted version of True Christianity as it was a civil religion rather than a Christ-centered relationship focused on the righteousness of God in Christ and the obedience to Christ's command for justice for all. The Nazis protected the interests of the Status Quo. Gradually within this stifling political climate a reactionary movement within the Church began to spring up known as the Confessing Church led by Karl Barth, Dietrich Bonnhoeffer and many others who followed the Reformed tradition of resisting the State began to speak out against Nazism and Hitler.
They also wrote and distibuted anti-Nazi propaganda such as the Barmen Declaration and after the war, the Stuttgart Declaration Of Guilt and also, the Darmstadt Statement. Then they came for the Jews, and I didn't speak up because I wasn't a Jew. Then they came for the trade unionists, and I didn't speak up because I wasn't a trade unionist. Then they came for the Catholics, and I didn't speak up because I was a Protestant. Then they came for me, and by that time no one was left to speak up.
Nazi leaders argued that since Hitler was duly elected, opposing him was opposing God's instituted authority. Faithful opposition countered by saying blind allegiance to Hitler was idolatrous and that what he proposed and lived out clearly opposed Scripture: "We must obey God rather than any human authority" Acts Romans in its proper context says government is to uphold good godly behavior and punish bad We're to honor this authority, but there are limits beyond which we will not go.
This cost many in Germany their lives! The Barmen Declaration highlights their points with these statements: 8. I am the door; if anyone enters by me, he will be saved. Through him befalls us a joyful deliverance from the godless fetters of this world for a free, grateful service to his creatures. As the Church of pardoned sinners, it has to testify in the midst of a sinful world, with its faith as with its obedience, with its message as with its order, that it is solely his property, and that it lives and wants to live solely from his comfort and from his direction in the expectation of his appearance.
It shall not be so among you; but whoever would be great among you must be your srvant. Honor the emperor. Scripture tells us that, in the as yet unredeemed world in which the Church also exists, the State has by divine appointment the task of providing for justice and peace.
The Church acknowledges the benefit of this divine appointment in gratitude and reverence before him. It calls to mind the Kingdom of God, God's commandment and righteousness, and thereby the responsibility both of rulers and of the ruled. It trusts and obeys the power of the Word by which God upholds all things. It invites all who are able to accept its declaration to be mindful of these theological principles in their decisions in Church politics. It entreats all whom it concerns to return to the unity of faith, love, and hope.
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There are a ton of things to take The Online Discernmentalist Mafia. The Kompilationskommission of Brunn, charged by Maria Theresia with the task to reorganize Austrian laws, was faithful to the demand of the sovereign to take the best from the bodies of laws by Ferdinand III and by Joseph I to create a new corpus, looking at the first one for substantive law and at the second one for the discipline of trials . The Josephina and the Theresiana, sixty years apart, were parallel also in the explanation of such a provision, clearly explained with a discursive style, typical of the Habsburg way of drafting laws  : the intervention of a lawyer delayed the administration of justice, since experience showed that he was an expert at instructing subterfuges and expedients for the accused.
The explanation sounds anything but original, mirroring the secular discussions of jurists on this issue. Also the provisions of laws and statutes had always considered the too long speeches and dilatory tactics of the defenders as the cause of the excessive duration of the trials .
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Thus, the body of law, which aimed to unify the criminal procedure in the Empire, proposed the same solution that the local bodies of laws to be replaced had proposed: entrusting the judge with the duty to search for pro reo elements, giving him the triple role of judge, prosecutor and defender of the accused Richter, Klager und Unschuld-Vertheidigung , typical of the Austrian criminal procedure .
However, it was the way the defence of the accused was practised to be discussed, not the defence itself, because this was a prerogative that had been recognized de iure naturali and divino since the days of the ius commune . Precluding the intervention of a defending counsel in such a way was a choice that did not emerge in the Carolina that, notwithstanding its unbinding nature, constituted the criminal common law, model of all the bodies of laws regarding criminal law in German-speaking territories — including the Ferdinandea, the Josephina  and hence the Theresiana  — and reference for judges and legal scholars for a very lengthy period even up to the first half of the 19 th century .
Thus, it has been possible to say that Austrian procedural law was only a branch of the evolution of German procedural law  , and that the target of an at least formal detachment of Austrian criminal law from German criminal law was probably reached for the first time only by the Theresiana itself . It was mainly in Articles 47 and 73 that the legal scholars studying the Carolina till the late 18 th century the large number of commentaries written about it for many years is the best example for the continuation of such a model  tried to find the principles to protect the defendant.
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The former provided for the judge to urge the accused to produce facts in his justification, by himself or with the help of a person he trusted Freund , before the instruments of torture entered the scene; then, these facts had to be carefully checked by the judge . The latter allowed the communication of copy of the testimonies to a pleader Sachwalther and to the accused in prison after the pubblicatio processus; the accused was also granted the possibility to have an interview with somebody who could help him Beistender .
The Latin translations of the Carolina made between the 16 th and the 17 th century by Justinus Gobler and Georg Remus — who was author of a paraphrase, which enriched the German text in a certain number of cases — tried to define more precisely the vagueness of these rules . They did not provide important novelties about Article 47 — the former spoke about the intervention of propinqui, the latter of agnati — even if Remus justified the aid of a third party by the common inability of the accused to plead for himself perite et prompte.
This way, though, he let believe that it was necessary to contact someone who could extricate himself skilfully among the insidious mechanisms of the trial in order to have an intervention characterized by experience and rapidity . On the contrary, the translation of Article 73 was more interesting. In neither case, however, we can say that they were necessarily referring to technical defenders, although there was an attempt to refine the vocabulary.
On the one hand, he founded on the ratio pietatis the support that the judge had to give to rusticiores, adolescentes and mulierculae, also with the indications of a defender. On the other hand, he founded the reasons for the tools and the moments dedicated to the defence on the necessity to avoid a different treatment between the accused and the accuser . Not even a decade later, Benedict Carpzov, who was not a direct commentator of the Carolina, but one of the greatest and most quoted authorities on criminal law of the time, so much so that he was considered the German Bartolus  , in his monumental work on Saxon law included the aid of a person among the instruments available for the accused to prepare his defence .
Also in this case, however, it does not seem that the role necessarily had to be covered by a jurist, since he merely mentioned relatives among those who could give their support to the accused, as in the letter of Article 47 C. Johann Brunnemann in the same years schematically explained his ideas on the issue in his treatise on the criminal trial: granting the defence to the accused before the torture, also by means of the aid of another person, was always necessary, even in case it had not been requested or there had already been a confession by the defendant.
Indeed, this way the judge was saved from being responsible for not respecting the procedures and also the nullity of the whole trial was prevented. The delivery of a copy of the circumstantial evidence was the fundamental condition of effective exercise of the defence, as was the interview with the lawyer. Furthermore, the doctores proposed to make the interview with the accused under surveillance.
Finally, the duration of the trial could also be controlled, since the original proceedings could be examined in judicii loco, thus saving copying time . A few years later in , Caspar Manz held that the defence was effectively carried out if the circumstantial evidence against the accused was communicated to him notwithstanding the prevision of a large number of exceptions to this principle. The real situation remained very uncertain, since it was left to the considerations of the legal scholars and to the judicial practice of the courts.
Manz thought that the oath could be the solution also for the problems concerning the interview between the lawyer and the defendant: if he swore to behave properly, the interview could be held without anyone from the court keeping watch on them. This moment was very important, since the accused was often ignorant and needed the help of an expert in law to whom he had the necessity to speak without restraint in order to learn the best way to face the charges against him.
If the freedom of speech was limited or denied, the defence itself was limited or denied. However, the point of view of Manz met opposition in his time . Twenty years later, Christoph Blumblacher indicated how it was customary to grant a lawyer to the defendant, but he did not consider it necessary. Indeed, the defence itself was essential to the trial, but the lawyer constituted only one way of exercising the rights of the defence, as suggested by the ratio of Article according to the circumstances, the defence could be circumscribed by the judge, especially when considering that the malicious behaviour of the pleaders was an obstacle to justice and a delay of the trial .
Therefore, the legal scholars studying the Carolina justified the presence of the defender in the trial, but at the same time seemed to oppose it, since he was seen above all as an obstacle to the rapidity and effectiveness of the inquisitio. This way, the development of a literature dedicated to the more general problem of the defence  , or one concerning the role of the defending counsel in the criminal trial  , was favoured.
These kinds of works focused particularly on the enumeration of the moral features that a defender must have to do his job, since they were deemed as a guarantee against every hindrance to the smooth running of the trial. He made recommendations on conduct of the lawyer based on well-known stereotypes, albeit in a watered-down form with respect to those in similar works.
Nevertheless, he asserted that producing the usual excuses in order to refuse the accused a lawyer — i. Over time, the granting of the defence even ex officio , starting from the phase immediately before the torture, by means of the granting of a professional defender a Rechtsgelehrter, a person who had sufficient technical-juridical preparation , who would have contributed with his experience to the trial, were agreed upon albeit with caution by legal scholars .
History of the papacy
As always, large gaps remained in which arbitrium and interpretation may have entered. For this reason, it was one of the main sources sometimes copied almost literally used by Banniza senior, who in Austria was in fact the mediator of his thought. The Theresiana itself later drew from many points of the system, which was described there . The defender — whoever he was: the defendant himself, one of his relatives, a third party or the judge — must have the instruments to properly prepare his work, of which most notably were having an interview with the accused and being able to read a copy of the circumstantial evidence.
Though, these activities were often opposed because they delayed the progress of the trial . This was nothing new, including a reference to the risk of lengthy litigations, a real obsession for all jurists, who always found one culprit, i. Indeed, he started from the premise that in every step of the trial potentially prejudicial for the accused, he should have the opportunity to defend himself.
However, then he focused in particular on what was set forth by the judge in defence of the accused, since the inquiry he conducted was guided by the aim to get the truth. The custom of appointing a defender was not justified with the risk of not having the necessary impartiality by the judge, but rather with the risk of too many commitments for which he was overburdened, due to the overlapping of his duties. On the contrary, intervention of lawyers in the trial should be limited to avoid abuses by them.
However, if the case presented difficulties against which the accused would have rarely been able to prepare an adequate defence, a defending counsel was then necessary, who could become informed on the proceedings, preferably in their original format and under the surveillance of a judicial officer to prevent tampering of the documents . The distrust of lawyers remained, even when it seemed that there were some possibilities for their intervention.
The criminal law scholars from the German area, therefore, starting from the text of the Carolina, through constant interpretation which began with its versions in Latin , laid the foundation of a practice that gave some space to the figure of the defender, first leaving undefined contours, then connoting him with increasing precision as an expert in law. The pages of these authors, however, were filled with repeated interventions and recommendations regarding the conduct and the necessary moral prerequisites lawyers should have, as if they actually abused the limited opportunities given to them.
Indeed, this seemed to justify the invectives that painted them as greedy swindlers and manipulators, who sneaked around diabolically in the dangerous bottlenecks of the trial: for this reason the risk was still there, noted with concern also in the Josephina and in the Theresiana, that their intervention, characterized by sophistry and attempts of procrastination, created disorder in the inquisition.
Thus, the shift from the precarious and uncertain opening towards lawyers by legal scholars to the limits set since the 17 th century by the Austrian bodies of laws was nearly natural. These criminal laws included the prohibition of the defender, strengthened in their choice also by the widespread belief that the trial was the tool used by the judge to achieve the truth; the possible innocence of the defendant could emerge through the work of this man; if the accused was guilty, the intervention of a defender would have proved useless anyway.
The problem of finding someone who practiced law and did not obstruct quick and effective justice, aimed at finding a culprit, was solved with the entrusting of all the duties to the judge who above all became judge of himself and of his work . This way, the asymmetric dynamics of the absolute State were reproduced on a small scale, in which the subject was unarmed and helpless before the power . One can therefore assume that the holder of the truth worked in the interest of the defendant and of justice better than the lawyer, who on the contrary aimed to obscure the facts.
In the opposition — almost biblical — between a judge who was one and trine and a lawyer who took the place of the devil, in the battle between angels and demons, the pious Austrian legislator of the second half of the 18 th century, supported by a strong tradition and by old-century considerations of legal scholars, did not have nor could he have doubts on which mala herba to eradicate.
Banniza, Systema jurisprudentiae criminalis, Viennae first edition , c. About Johann Peter Banniza see C. Landsberg, Geschichte der deutschen Rechtswissenschaft, 3. Erler — E. Kauffman ed. Stammler, 1, Berlin , coll. On the erudite and anything but original comment on the Ferdinandea by Bratsch, see H. Jahrhundert, G. Ogris ed. Banniza, Delineatio juris criminalis, II, Oeniponti , c. Sinn- und Strukturwandel, Bonn , pp. Brauneder ed.
Solimano, Paolo Risi e il processo penale , in Studi di storia del diritto, 3, Milano , pp. Atti in onore di B. Paradisi, 2, Firenze , pp. The legislative unification promoted by the Theresiana was only partially successful. Indeed, it was in force in the hereditary countries and in Bohemia, but not in Hungary, as initially provided for: H. Conrad, Deutsche Rechtsgeschichte, 2, Neuzeit bis , Karlsruhe , p. Cattaneo, G. Chiodi, F.
Colao, E. Dezza, R. Ferrante, L. Garlati Giugni, M. Miletti, S. Solimano, G. Vinciguerra, S. Vinciguerra, raccolti da S. Vinciguerra, Padova , pp. Brunelli, C. Carcereri De Prati, E. Dezza, M. Ferrua, L. Garlati, A. Manna, M. Miletti, P.
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Olechowski — R. Gamauf ed. Cavanna, Storia del diritto moderno in Europa. Le fonti e il pensiero giuridico, 2, Milano , p. Cordero, Criminalia. Nascita dei sistemi penali, Roma-Bari , p. See also A. Cavanna,La codificazione penale in Italia. Le origini lombarde, Milano , p. De Maddalena — E. Rotelli — G.
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Barbarisi ed. Cavanna, La codificazione del diritto, cit. Provin, Una riforma per la Lombardia dei Lumi. Jahrhunderts, Freiburg im Breisgau , pp. Cavanna, Ragioni del diritto e ragioni del potere nel Codice penale austriaco del , in Codice penale universale austriaco , con scritti di S. Ambrosio, A. Cadoppi, C. Carcereri De Prati, M. Cattaneo, A. Cavanna, M. Da Passano, P. De Zan, E.