Jos C.N. Raadschelders, Erk Volkmar Heyen:
Editorial, VII-XII
(Volltext: http://www.uni-greifswald.de/~lo1/ed14.htm)

I. Themenschwerpunkt

Jos C.N. Raadschelders:
An Administrative-History Perspective on Church-State Relations: on the Varied Impacts of Judeo-Christian Heritage and Organized Religion, 1-20

The subject of church-state relationships has thus far been of interest to scholars of history, law, political science and theology. While it is certainly relevant to the studies of public administration and political science, there have been few studies to date that attempt to combine the insights of various disciplines to further the understanding of the role and position of government (a multi-faceted phenomenon) in society. The studies of both public administration and political science are generally focused on the present and the future, with little attention to the impact of the recent and distant past upon the structure and functioning of contemporary government. In this article it is shown that there is much dispersed knowledge in public administration and in political science. It identifies (though not exhaustively) European and American literature and suggests various topics for future research. The main message is that without attention to the origins and development of western governments, a proper understanding of the contemporary challenges to government is inhibited.

Brigitte Basdevant-Gaudemet:
Quelques étapes de l'anticléricalisme en France: aux origines de la "laïcité à la française", 21-39

The French approach to secularism arises from a history specific to this country since the 1789 Revolution, when the constituent assembly tried to establish a church within the state. The religious pluralism of the concordat regime constituted a clear progress toward secularization. Anticlericalism developed since the July monarchy as a reaction against the Restoration. At the same time, the image of a Revolution persecuting the church haunted many. Since then, two camps formed and confronted each other: the clerics, the monarchists, and the reactionaries on the one, and the anti-clericals and republicans on the other side. Aggressive secularization flourished and triumphed between 1880 and 1905. The separation regime brought rapid appeasement, allowing the passage from strict secularism to a secularization in the French style. As the passions generated throughout the 19th century increasingly subsided, secularism in France cast itself more and more into the mold of neutral pluralism characteristic of all countries that acknowledge religious freedom.

Alessandro Ferrari:
State and Churches in Italy: from Liberal Separation to Democratic Laicità, 41-82

The history of relations between the Italian state and religious denominations can be analyzed in three stages since the Italian unification. The first stage corresponded to the years of the liberal state a little beyond the end of the First World War. With the "March on Rome" in 1922 began the years of fascism. The third stage started with the promulgation of the Republican Constitution of 1948. In each of these stages church-state relations were interpreted differently. The individualist and basically egalitarian separatism of the bourgeois separation was succeeded by the confessionism of the fascist regime, which quickly concluded the Conciliation with the Roman Catholic Church, an important instrumentum regni. The advent of the Republic inaugurated an eternal but stimulating transition aimed at striking a balance between the individual and the community, between loyalty to the institutions and group identity, between freedom and equality. Three different stages, therefore, all of which were under the sign of the cross, so to speak. Indeed the relationship between the state and the Roman Catholic Church constitutes the central axis of church-state relations in Italy, and the peculiar position and social relevance of the Roman Catholic Church still makes Italy a typical example of nation-state identity. The arduous task of assuming the supreme regulating principle of church-state relations, the principle of laicità, is the Republic's responsibility today. This principle is the cornerstone of the broad process of integration that is now necessary to satisfy the requirements of an increasingly plural society.

Frits van der Meer, F. Pieter Wagenaar:
The Disentanglement of State and Church in the Netherlands, 83-96

The case of the Netherlands concerns a religiously highly fragmented society. Religious fragmentation placed government in a difficult position as religious liberties had to be reconciled with maintaining societal stability. Different solutions to the problem have been tried over time. During the Dutch Republic, the Dutch Reformed Church had a privileged position. Although this church lacked the formal position as state church it was recognised by the authorities as the public church and considered to embody the national identity. It enjoyed financial support from public means and could extend its sway over areas of public service provision such as education and poor relief. On the other side of the balance sheet was extensive government control. During the French era and the reign of King William I preserving national unity meant recognising the significance of organised religion while at the same time trying to exert control over the churches. With the constitution of 1848 and ensuing legislation, the freedom of religion was guaranteed. Nevertheless, from the beginning of the second half of the 19th century to the first half of the 20th century, religion was successful in maintaining a privileged position in public service provision and in establishing a so-called pillarised society. In the second half of the 20th century, however, religion again lost its key role in public service provision.

Stefan Schima:
Die Rechtsgeschichte der "Konfessionslosen": der steinige Weg zur umfassenden Garantie von Religionsfreiheit in Österreich, 97-124

The article is focused on the 1867-1918 period in Austrian history, which is crucial for the development of church-state relations. In the Constitution of 1867 people unaffiliated to a particular religion (i.e., those not belonging to a legally recognized church or religious association) acquired legal status further supported by the Interconfessional Act of 1868. In 1870 the legislature determined that births, deaths and marriages of unaffiliated persons had to be kept by public authorities. These acts helped civil government to deal with the status of children whose parents had changed religious affiliation. However, children had to be educated in the doctrine of a recognized church or religious society. The article also discusses the implementation of matrimonial law, burial laws, and regulations concerning oaths. Furthermore, it provides an overview of the epochs following the downfall of the monarchy between 1918 and 1933, when the unaffiliated were allowed to exercise their religious beliefs openly, the 1933/34-1938 period, when leaving a legally recognized church or society was made even more difficult than during the Monarchy, the Nazi-period (1938-1945), and the postwar era.

Vida Azimi:
L'administration parisienne et la séparation de l'Eglise et de l'Etat, 1900-1910, 125-150

The Parisian administration played a major role in the application of the laic laws of the Third Republic. The protagonists, actors and despisers of the separation of the churches and the state, the powers and counter-powers were in Paris. In the administrative turmoil that followed the law of separation of 9 December 1905, several Parisian administrations were at work: the prefecture of police, the prefecture of the Seine, the autonomous administration of the cults, the general direction of public property and the ministry of justice. Facing the complexity of the new legislation, they improvised and invented a flexible and conciliating doctrine of action. In Paris, the sound-box of France, the turmoil of minds was raised to the highest pitch. Public opinion was influenced by the attitudes of opposing parties, and plans of resistance were considered as an answer to the laic counter-offensive of sanctioning projects. In Paris, where the force of symbols was fully effective, the administrative operations, taking place in an atmosphere of trouble, were nevertheless carried out in a cordial way.

Heinrich de Wall:
Die Verselbständigung der evangelischen Konsistorien in Preußen und Bayern im 19. Jahrhundert als Schritt zu kirchlicher Unabhängigkeit, 151-169

During the territorial church government of the Protestant churches in Germany from the 16th to the beginning of the 20th century, the consistories were the authorities with the help of which the territorial rulers governed the Protestant churches. At the beginning of the 19th century, in Prussia as in other German states they were completely integrated in the state authorities as departments of the ministry of internal affairs. So the ordinary state authorities not only had to carry out the external supervision of all churches (iura circa sacra), but they also ruled the internal affairs (iura in sacra) of the Protestant churches. In effect the Protestant churches almost were indistuingishable parts of the respective German states. In the course of the 19th century, however, the consistories gained independence step by step. In Prussia, this development began with the consistories of the single provinces and ended with the founding of the Prussian Evangelischer Oberkirchenrat (EOK) in 1850. Although an authority of the Prussian King, the EOK was almost completely separated from other state authorities.
In Bavaria, against a quite different religious and sociological background a similar development took place. Unlike Prussia with its protestant majority and royalty, Bavaria was Roman Catholic. At the beginning of the 19th century, however, it gained considerable Protestant territories. In order to integrate the new citizens, a Protestant territorial church, which had not existed before, had to be set up and organised. Whereas the Generalkonsistorium, which was founded in 1808, was part of the state ministry, in 1818 an Oberkonsistorium was established with the task of governing the internal affairs of the Protestant churches. Like the Prussian EOK, it was an independent authority though still under a certain supervision by the ministry, which was also in charge of the iura circa sacra. Besides the synods as legislative bodies of the church, which were also founded in the middle of the 19th century, in both states the consistories, which were meant to be instruments of the sovereign to execute his church government, were nuclei of an independent church and also of the separation of the Protestant church from state as well.

Nigel Yates:
The Administrative Reform of Established Churches in Britain and Ireland during the 19th Century: the Respective Roles of Church and State, 171-197

There has been a widely-held view among both political and religious historians within the British Isles that the process of ecclesiastical reform in the 19th century was one in which reform was imposed by the state on established churches unable or unwilling to reform themselves. Recent research has, however, suggested that this view requires substantial revision. The article draws attention to the efforts of those within the established churches to promote ecclesiastical reform programmes in the late 18th and early 19th centuries. It also reassesses the complex relationship between church and state over matters of ecclesiastical reform and the pressures placed on governments by both established churches and religious nonconformists in countries in which religious dissent had, within certain limits, been tolerated since the late 17th century. It concludes that the achievement of ecclesiastical reform in the 19th century resulted from a series of informal alliances between the leaders of the established churches and politicians, though in the process there were a number of areas of conflict which could not be satisfactorily resolved and which led to some deterioration of church-state relations and divisions within the established churches. It also discusses the reasons for the successful campaigns for disestablishment in Ireland and Wales and the maintenance of ecclesiastical establishments in England and Scotland.

Sandrine Dhont:
Le prosélytisme des congrégations catholiques dans les hôpitaux publics français au 19e siècle et la réplique de la minorité protestante, 199-222

A long persecuted religion, Protestantism in19th-century France was a publicly accepted cult. The attitudes of successive political systems toward it, however, varied. The access of Protestants to schools and public aid was uneven. Protestants worried, with reason, about proselytism by Catholic priests and nuns, especially in hospitals where the Protestant poor were cared for. To protect its confessional identity, the Protestant minority used various methods. In the 19th century, the religious communities were massively present in hospitals and public hospices. They provided health care but also dedicated themselves to the salvation of souls. Protestants vigorously denounced this proselytism, which was manifest in four ways: opposition to the presence of a Protestant minister with the patients, pressures upon the patients, forced baptisms, and conversion of the dying. Public officials were alerted to this by pastors or consistories of public Protestant establishments. The prefect was responsible for the inquiry and regularly informed the minister in charge of cults. If proselytism was confirmed in individual cases, the prefect imposed a sanction. A general solution was provided by administrative act of 9 November 1846 which forbade proselytism in hospitals. This act had limited effect, since the complaints for attempts at conversion increased during the time of Second Empire to the Third Republic. In response to that, the Protestant minority sought better access to hospitals and the provision of special rooms for non Catholics. Also, a Paris-based Protestant association of lady hospital visitors provided spiritual and material consolations. Establishing Protestant private hospitals, however, was the most effective response. The state granted these confessional private hospitals financial subsidies but also wanted to submit them to its control.

Stefan Korioth:
Der Braunsberger Konflikt (1871–1876) um den katholischen Religionsunterricht an preußischen Schulen, 223-248

The article reviews a 19th-century conflict between the Catholic Church and the Prussian state, concerning Catholic religious education in higher schools in an East Prussian town. Whilst the Prussian government wanted to respect the religious freedom of the individual (in accordance with Art. 12 of the Prussian Constitution of 1850) and maintain state dominance over the church, especially in the educational sector, the Catholic Church stressed its autonomy. In theory it was a clash of different cultures – secular state with secular statutes against church statutes with theological foundations – the so-called Kulturkampf. Practically the Braunsberg Conflict was solved by compromise. This and other cases of conflict have determined the contemporary state-theoretical thinking and legal sources of church-state relation in Germany. The Federal Constitution of 1949 respects church autonomy but stresses state sovereignity.

José Maria Vázquez García-Peñuela:
La posizione peculiare del liberalismo spagnolo in materia religiosa: la collaborazione dello Stato con la Chiesa cattolica in ambito economico nel '800, 249-274

Throughout the 19th century Spain remained a (Roman) Catholic state. This position in religious affairs was characteristic not only of the absolutist period during the first third of the century under the reign of King Fernando VII, but also and more paradoxically of the liberal governments that took political power after the Ancien Régime.
All 19th-century constitutions provided for a denominational state, although to varying degrees. The first was the so-called Cadiz Constitution of 1812. Even though it introduced modern freedoms for the first time in Spain, it was intolerant toward any other than the (Roman) Catholic religion. Because of economic needs and a dire financial situation of the Spanish state since the end of the Ancien Régime, the new liberal governments resorted to the sale of church lands in the hope of reducing the oppressive public debt. At the same time, the introduction of a modern tax system demanded tax sovereignty for the state. This led to the extinction of the tithe, which had been the main source of income for the church. Both measures deprived the Catholic clergy of its original financial base. The liberal governments never doubted their legal obligation to provide support for Catholic clergy and worship. This obligation, ideologically connected to the Regalist tradition, passed to the 1837 and subsequent 19th-century constitutions, both progressive and moderate.
Despite the acquired commitment, the realization of a state financial system for the Roman Catholic Church was very complicated. The basic draft of the system, which consisted in devoting a specific ecclesiastical tax to meet the Church's financial needs, was incorporated into the 1851 Concordat: a fundamental instrument in regulating church-state relations. In this international statute, the Holy See recognized Isabel II's right to be sovereign. At the same time the Concordat recognized the patrimonial losses of the Church as a consummate fact. During the last quarter of the century, the financial system of the Catholic Church was finally consolidated by its inclusion in the corresponding section of the state budgets.

Allen D. Hertzke, Kevin R. den Dulk:
The "First Freedom" and Church-State Policy in the U.S.A., 275-295

From constitutional origins to administrative innovations to contemporary policy issues, religious liberty has maintained its title as the "first freedom" in the United States. The twin legacies of robust religious pluralism and constitutional protection have given religion a remarkably influential position in American civic life. The article shows how courts and other political institutions have shaped religion's public status by defining the proper boundaries of religious practice and, in some notable cases, enlisting religious institutions to address the nation's most difficult problems. The article begins with the constitutional innovation of national religious disestablishment and its origins in a mix of philosophical convictions and political compromise. This innovation had immediate effects on the national government, but some religions still enjoyed the sponsorship of state governments well into the 19th century, plus there was a widespread de facto establishment of Protestant Christianity from the early republic until the 20th century. The story of constitutional development then turns toward the true nationalization of religious questions from the 1940s onward and their relation to the ever-widening administrative reach of government in the wake of the New Deal. These trends resulted in a more active role for the Supreme Court in mediating claims arising under the Free Exercise and Establishment Clauses of the U.S. Constitution's First Amendment. The article concludes by discussing recent proposals for an active role for religion in social welfare and education policies – proposals that link to an administrative tradition of church-state partnerships that accommodationist partisans wish to expand.

II. Varia

Erk Volkmar Heyen:
Christliche Amtstugenden in zwei lutherischen Regentenpredigten von 1670, 299-314

In German historical literature, based on an analysis of theoretical writings of jurists and political scientists of the 17th century, it is accepted almost unanimously that administrative ethics in that period increasingly underwent manifest deconfessionalisation and latent secularisation. The article questions this common opinion by an analysis of two funeral sermons given by Lutheran parish priests in Pomerania (Northern Germany) in 1670 and dealing with the virtues of office holders in detail. Both sermons show an undoubtedly orthodox Lutheran viewpoint. Further research into administrative ethics included in funeral sermons would be helpful. The hypothesis is that, until now, the 17th century may have been seen, as far as administrative ethics is concerned, too much in the perspective of the following 18th century and too much in the perspective of theoretical writings of jurists and political scientists, whereas sources with more proximity to the administrative ethics of office holders, such as funeral sermons with their special concern for the official's family, are neglected or seen only as sources for theology and clergy history.

III. Forum

Piero Aimo:
The History of Public Administration: Some Brief Reflections on an Uncertain Discipline, 317-335

The history of public administration is considered to be one of the many scientific approaches to the study of administration, together with law, economics, sociology, political science, psychology, etc., the findings of which disciplines it must take into account. Together with constitutional history – to which it relates very closely – it is usually part of the broader history of political institutions. Scientific interest in the history of public administration concerns mainly the legal framework that disciplines its organization and jurisdictions, the concrete activity of administrative apparatuses, bureaucratic personnel, and the various cultures of administration itself. Although fully aware that self-referentiality is damaging to any science, the article argues that it is necessary to defend the identity and the autonomy of the discipline, emphasising its differences of method and content with respect to the history of law, of society, and of political thought. A number of methodological problems of particular importance and topicality are examined as a consequence. The article assesses whether analysis should be based on straightforward chronological narrative, or whether it should proceed by topics and problems; it discusses the possibility of using models; it emphasises the dangers of microhistorical inquiry; and it addresses the issue of the periodizations most suited to the specific needs of administrative history. Then the question of the sources – on which the history of administration must be correctly founded – is analysed in terms of their types, quantity and use. Finally, the article discusses the usefulness of studying the history of public administration.

Erk Volkmar Heyen:
Amtsrationalität und Malerei: ästhetische Kommunikation als Aspekt europäischer Verwaltungsgeschichte, 337-354

The image of public administration is an important issue within the communication between public administration and society. Some elements of this communication are visual, and tend to be overlooked in administrative sciences, historiography included. The article deals with paintings visualising images of the core characteristic of public administration: its special rationality. The notion of administrative rationality as it is used in this article is outlined systematically. Then it is explained what characterises communication about administrative rationality when offered and stimulated by sophisticated paintings. Three distinctions are used: first, the distinction between auto-images and hetero-images (developed inside or outside public administration); second, the distinction between descriptive and evocative pictures (dealing with public administration explicitly in the painter's view or implicitly in the observer's view); third, the distinction between representative and critical pictures (dealing with public administration in a praising or in an assessing way). From the Middle Ages up to the 18th century, descriptive-representative pictures visualizing auto-images dominate, whereas afterwards hetero-images visualized in descriptive-critical or evocative-critical pictures more and more prevail. The article introduces the iconography of the field and gives some examples of how high-quality paintings enrich our understanding of the image of administrative rationality, as a phenomenon of communication, by synthesising in an expressive and at the same time impressive way the impact of administrative rationality on people both inside and outside public administration.

Peter Collin:
Neuere Forschungen zur Geschichte des Verwaltungsrechtsschutzes in Deutschland im 19. und 20. Jahrhundert, 355-376

The article reviews books published between 1990 and 2000. The majority concentrate on the genesis and development of administrative jurisdiction. Three doctoral theses explore the history of the administrative juridiction in Baden, Bavaria, and Wurttemberg, neglected so far. The research into the Prussian development has been enriched through works on ministers and parliamentarians who influenced the legislation. One thesis explores the history of the Prussian Kompetenzkonfliktgerichtshof, which was founded to settle conflicts between administrative agencies and the courts. Also concerning the Prussian history of administrative jurisdiction is a post-doctoral thesis depicting intensification of judicial control. Focus on the period of National Socialism is exemplified by a book on the Reichsverwaltungsgericht, the first central administrative court in Germany, founded in 1941. Finally, new research on the post-war period has been published: a thesis on rebuilding and later elimination of administrative jurisdiction in the East German state of Thuringia and another thesis on the rebuilding and consolidation of administrative jurisdiction in the West German states of Baden and Wurttemberg.

Anschriftenverzeichnis, 388