Martin Heckel

Martin Heckel (* 22. May 1929 in Bonn ) is a German national and canon lawyer .

Career

Martin Heckel studied law in Munich on a scholarship from the Bavarian Maximilianeum Foundation and passed the first and second state examinations there. After receiving his doctorate (1955) and habilitation (1960) in Heidelberg, he was appointed full professor of public law and church law at the University of Tübingen's Faculty of Law in 1960 . Since 1980 he has been a co-opted member of the Evangelical Theological Faculty of Tübingen. He declined appointments to the law faculties in Marburg and Erlangen (1960), Munich (1968 and 1977), Bonn (1971) and the Protestant theological faculty in Tübingen (1986).

Since 1973 he has been a member of the Heidelberg Academy of Sciences , since 1985 member of the historical commission at the Bavarian Academy of Sciences, since 1996 a corresponding member of the Bavarian Academy of Sciences . In 1997 the Evangelical Theological Faculty in Munich awarded him an honorary doctorate in theology. In 2004 he was awarded the Federal Cross of Merit 1st Class and the Johannes Brenz Medal of the Württemberg Evangelicals. Regional church awarded in silver. In 1999 a commemorative publication was published for his 70th birthday.

From 1961 to 1977 he was a member of the Württemberg Evangelical Regional Synod, 1970 to 1973 member of the council and synod of the EKD , 1976–1997 President of the EKD's Court of Arbitration, 1988 to 1990 chairman of the German constitutional law teachers association, 1972 to 2000 member of the board of the Association for Reformation History , 1968 to 1998 co-editor of the canonical department of the journal of the Savigny-Stiftung für Rechtsgeschichte (ZRG KA) and the series “Research on Church Legal History and Canon Law”. Since 1968 he has been the managing editor of the series “Jus Ecclesiasticum. Contributions to Protestant Church Law and State Church Law ”(JE).

Scientific work

Martin Heckels comprises 14 monographs (M) and 6 volumes “Gesammelte Schriften. State - Church - Law - History ”(GS, Volume I / II 1989, Volume III / IV 1997, Volume V 2004, Volume VI 2013; Jus Ecclesiasticum Vol. 38, 58, 73, 100) with selected essays, articles in the celebratory publication and Review essays (A). With an interdisciplinary orientation, they are particularly dedicated to the historical origins and current interactions between jurisprudence, history and theology in order to demonstrate the diverse and far-reaching connections between legal history and legal dogmatics, state and church law, practice and theory.

On the one hand, they focus on the enormous historical effects of Luther's theology on Catholic and Protestant canon law and on the imperial canon law of the Old Reich, which already in the confessional age in Germany led to a promising coexistence order of religious freedom and equality of the major religious communities, which is unique in Europe. On the other hand, they try to explain the current German state church law and cultural constitutional law and the Protestant church law from their historical origins, intellectual foundations and modern conditions of validity in the overall context of liberal-democratic constitutional law. The work on the constitution and amendment of the constitution offer a differentiated constitutional theoretical analysis of the reunification of Germany in 1990. In them the model for the unification of the EKD and the church federation of the GDR was developed.

Since the seminal lectures and discussions at the Frankfurt Constitutional Law Teachers' Conference in 1967, these studies have played a key role in the development and establishment of a modern state church law based on the fundamental rights guarantees of liberal freedom and equality, which allow religious forces and traditions to develop independently and according to their denominations in the pluralistic legal system of the present without privileges and made possible without discrimination by dominant denominational or ideological forces and guaranteed their great cultural and social state effectiveness. As a result, the older doctrine of state church law, which focused on the institutional relationships of the state and the religious communities, was overcome, which according to the "coordination theory" that had prevailed up to that point was still strongly influenced by a unified Christian society and the model of a dyarchy of spiritual and state power in the "Christian State ”went out. - The following are emphasized:

On the legal problems of the Lutheran Reformation

• (M :) Martin Luther's Reformation and Law. The development of Luther's theology and its impact on the law under the framework conditions of the imperial reform and the formation of the territorial state in the struggle with Rome and the "enthusiasts" (XIV and 988 pp.), Tübingen: Mohr Siebeck 2016, ISBN 978-3-16-154468 -2 (paperback), ISBN 978-3-16-154211-4 (fabric), series: Jus ecclesiasticum; Volume 114;
• (A :) Luther's legal theology, in: Ev. Staatslexikon, 1. A., 1966, pp. 743-774 (also in M. Heckel, GS I);
• (A :) The conflicting legal effects of the Lutheran Reformation through the word, ZThK 2011, pp. 202–224 (also in Ders., GS VI);
• (A :) From Luther's Reformation to the ius reformandi of imperial canon law. Legal perspectives of Luther's nobility book 1520, FS Jan Schröder 2013 (GS VI, pp. 26–47);
• (A :) Luther's treatise “On the Freedom of a Christian Man” as a milestone in church and state church law, ZTHK 2012, pp. 122–152 (GS VI);
• (A :) The council in the theological and political struggle of the evangelicals about the religious constitution of the Old Kingdom, ZRG KA 2012, pp. 246–297 (GS VI);
• (A :) Martin Luther's Reformation and Law, ZRG KA 2017, pp. 277–322;
• (A :) Luther's attitude to government, JZ 72, 2017, pp. 1129–1139;
• (A :) Luther's position on the reform of the regional churches, ZRG KA 2018, pp. 236–303;
• (A :) Luther and Tolerance, Kerygma and Dogma, 65, 2019, pp. 3–46.

Regarding the coexistence system under imperial law in the confessional age

• (M :) Germany in the confessional age 2nd edition Göttingen 2001;
• (A :) Autonomia and Pacis Compositio. The Augsburg Religious Peace in the Interpretation of the Counter Reformation, ZRG KA 1959, pp. 142–248 (also in MH, GS I);
• (A :) Parität, ZRG KA 1963, pp. 261-420 (GS I);
• (A :) On the historiography of the Peace of Westphalia, ZRG KA 1971 (GS I);
• (A :) Itio in partes, ZRG KA 1978, pp. 180-308 (GS II);
• (A :) The importance of the confession under imperial law, 1980 (GS II, pp. 737–752);
• (A :) Imperial Law and “Second Reformation”: On reformed denominationalization, 1986 (GS II, pp. 999-1032);
• (A :) The crisis of the religious constitution of the Reich and the beginnings of the Thirty Years War, 1988 (GS II, pp. 970–998);
• (A :) The reunification of denominations as a mandate of the imperial constitution in the Old Reich, 1999 (GS III, pp. 179–203);
• (A :) Confession and Imperial Constitution 1993 (GS III, pp. 230–261);
• (A :) Religious ban and sovereign church regiment, 1992 (GS III, pp. 262–293);
• (A :) The changes in canon law caused by the Reformation and the religious constitution of the Old Kingdom, 1998 (GS III, pp. 336–381);
• (A :) The religious trials of the Reich Chamber of Commerce in the denominationally divided Reich Church Law, ZRG KA 1991, pp. 283-350 (GS III);
• (A :) Emperor Ferdinand II's edict of restitution of March 6, 1629, FS K. Kroeschell 1997 (GS V, pp. 185–208);
• (A :) On the beginnings of religious freedom in the confessional age, FS KW Nörr 2003 (GS V, pp. 81–134);
• (A :) Ius reformandi, FS G. Seebass 2002 (GS V, pp. 135-184);
• (A :) Der Augsburger Religionsfriede, JZ 2005 (GS VI, pp. 174–198);
• (A :) Confessionalization in need of coexistence (rec. Repgen), HZ. 2005 (GS VI, pp. 632-670);
• (A :) "Zelo domus Dei". To the protest of the Holy See against the Peace of Westphalia, FS. A. Laufs 2006 (GS VI, pp. 199-230);
• (A :) On the historiography of the Augsburg Religious Peace of 1555 (Rev. Gotthard), HZ 2006 (GS VI, pp. 601–631);
• (A :) On the importance of procedural law in the Reich constitution of the confessional age, FS E. Picker 2010 (GS VI, pp. 231–262).

On the connection between confessionalization and secularization

• (M :) Corollaries on secularization, SB the Heidelb. Akad. D. Knowledge 1981;
• (M :) Human rights as reflected in Reformation theology, Abh. D. Heidelb. Akad. D. Knowledge 1987;
• (A :) Secularization. State church law aspects of a controversial category, ZRG KA 1980, pp. 1–163 (GS II);
• (A :) Worldliness and Secularization, 1983 (GS II, pp. 912-933);
• (A :) The problem of “secularization” in the Reformation, 1996 (GS III, pp. 204–229);
• (A :) The Catholic denomination as reflected in the Reich Church Law, 1995 (GS III, pp. 294–335);
• (A :) On the effects of confessionalization on the law in the Old Kingdom, ZRG KA 2010, pp. 407–454 (GS VI).

On the development of Protestant canon law

• (M :) State and church according to the teachings of the Protestant jurists in Germany in the first half of the 17th century (ZRG KA 1956/57) 2. A. 1968, JE Bd. 6;
• (A :) On tradition and progress in canon law, 1977 (GS II, pp. 613–635);
• (A :) On the temporal limitation of the office of bishop, 1982 (GS II, pp. 934–954);
• (A :) The relationship between state and church according to the Protestant understanding, HdbStKirchR 1994 (GS III, pp. 595–643);
• (A :) Church reform issues in the constitutional system, ZevKR 1995, pp. 280–319 (GS III);
• (A :) The Confession - a picture puzzle of state church law ?, FS A. Hollerbach 2001 (GS V, pp. 209–242);
• (A :) Church legal history from a more recent perspective. To Chr. Links textbook, ZevKR 2012, pp. 1–56 (GS VI).

On constitutional history

• (A :) The redefinition of the relationship between state and church in the 19th century, Der Staat, 1996 (GS III, pp. 441–470);
• (A :) The struggle for the constituent power of the First German National Assembly in 1848/49, FS Th. Oppermann 2001 (GS V, pp. 1–50);
• (A :) On the change in federalism - using the example of the Federal Council and ordinance law, FS P. Badura 2004 (GS V, pp. 51–80);
• (A :) From the Old Kingdom to the New State, ZNR 2006, pp. 235–278 (GS VI);
• (A :) From the "religious party" to the "religious society". Key terms for religious self-determination and self-understanding, FS J. Isensee 2007 (GS. VI, pp. 263–299).

To the applicable German state church law

• (M :) equality or privileges? The General and the Special Equality Law in State Church Law, Tübingen 1993;
• (M :) Freedom of religion. A secular constitutional guarantee, 1997 (as monograph in GS III, pp. 647–859);
• (M :) From religious conflict to a settlement order. The special path of the German state church law from the Augsburg religious peace 1555 to the present day, Abh. D. Bayer. Academy of Sciences, New Series Issue 130, Munich 2007;
• (A :) The churches under the Basic Law, VVDStRL 1968 (GS I, pp. 402–446);
• (A :) State and churches in the Federal Republic: Essays on state church law 1950–1967, ZevKR 1973, pp. 22–61 (GS I);
• (A :) The parity of religious law, HdbStKirchR 1974, pp. 445–544 (GS I);
• (A :) State jurisdiction in matters of religious societies, FS P. Lerche 1993 (GS IV, pp. 1026-1052);
• (A :) On the problematic of the state church law in the secular cultural and social state, JZ 1994 (GS IV, pp. 1053-1068);
• (A :) The cross in public space. On the “crucifix” decision of the Federal Constitutional Court, DVBl. 1996 (GS IV, pp. 1069–1136);
• (A :) The influence of the Christian understanding of freedom on state law, Essener Talks 30, 1996 (GS III, pp. 490-550);
• (A :) The churches in the welfare state. Problems of state church law and positions of church welfare, FS HF Zacher 1998 (GS V, pp. 623–646);
• (A :) Continuity and change in German state church law under the challenges of modernity, ZevKR 1999, pp. 340–384 (GS V);
• (A :) Freedom of religion and state church law in the case law of the Federal Constitutional Court, FS 50 Years Federal Constitutional Court 2001, Vol. II, pp. 379–420 (GS V);
• (A :) From the “freedom of a Christian” to modern religious freedom, FS Roman Herzog 2009 (GS VI, pp. 357–378);
• (A :) On the future viability of German “state church law” or “religious constitutional law”? AöR 2009, pp. 309-390 (GS VI).

On cultural constitutional law

• (M :) State - Church - Art. Legal issues of church cultural monuments, Tübingen 1968;
• (M :) The theological faculties in the secular constitutional state, Tübingen 1986;
• (M :) Organizational structures of theology in the university, Berlin 1987;
• (M :) Religious instruction in Brandenburg. Regulating religious instruction and the subject of lifestyle - ethics - religious studies (LER), Berlin 1998;
• (M :) The legal status of religious education in the pluralistic constitutional system, Tübingen 2002;
• (A :) The situation of canon law at the German universities, ZevKR 1973, pp. 330–354 (GS I);
• (A :) On the establishment of theological faculties, FS K. Obermayer, 1986 (GS IV, pp. 987–997);
• (A :) The monument protection of the sacred buildings in the Federal Republic of Germany. Cultural protection and church freedom in the secular constitutional system, 1987 (GS II, pp. 1075-1098);
• (A :) Kulturkampf aspects. The Kulturkampf as a lesson in modern state church law, FS P. Mikat 1989 (GS IV, pp. 471–489);
• (A :) State church law and cultural constitution of the Basic Law 1949–1989, lecture series of the Tübingen Faculty of Law, 1990 (GS IV, pp. 917–945);
• (A :) Religious Studies in the Light of Religious Freedom. On the constitutionality of LER teaching in Brandenburg, ZevKR 1999, pp. 147–225 (GS V);
• (A :) Religious education for Muslims? Cultural integration while preserving religious identity, JZ 1999 (GS V, pp. 579–622);
• (A :) Religious tensions in cultural constitutional law, FS H. Maurer 2001 (GS V, pp. 365–400);
• (A :) Basic questions of the theological faculties since the fall of the Wall, FS Chr. Link 2003, pp. 213–299 (GS V);
• (A :) Theses on the state-church relationship in cultural constitutional law, FS W. Rüfner 2004 (GS V, pp. 647–674);
• (A :) Theology between State and Church in Free Constitutional Law, ZThK 2006, pp. 95–142 (GS VI);
• (A :) New forms of religious education? Confessional - non-denominational - interreligious - biconfessional - "for everyone" - confessional - cooperative? FS Chr. Starck 2007 (GS VI, pp. 379-418);
• (A :) Corollaries on the “Further Development of Theologies and Religious Sciences” - as reflected in the recommendations of the Science Council of January 29, 2010, ZevKR 2010, pp. 118–226.
• (A :) 99 theses on the “further development of theologies and religion-related sciences”, ZThK 2010, pp. 372–414 (GS VI);
• (A :) On the future of theological research and teaching in Berlin, ZThK 114, 2017, pp. 330–365.

On German reunification in 1990

• (M :) The Association of Protestant Churches in Germany, Tübingen 1990;
• (M :) German unity as a constitutional question. Dep. Heidelb. Akad. D. W., Heidelberg 1995;
• (A :) The reunification of the German Protestant churches, ZRG KA 1992, pp. 401–516 (GS III);
• (A :) The legitimation of the Basic Law by the German people, HStR Vol. VIII, 1995, pp. 489–555 (GS III).

literature

• Karl-Hermann Kästner , Knut Wolfgang Nörr, Klaus Schlaich (eds.): Festschrift for Martin Heckel on his seventieth birthday . Mohr Siebeck, Tübingen 1999, 3-16-147158-X, therein
  • Christoph Link : "State - Church - Law - History". On Martin Heckel's collected writings , pp. 3–18.
  • Thomas Oppermann: Martin Heckel's merits for the University of Tübingen and the Faculty of Law , pp. 18–33.
  • Bibliography Martin Heckel pp. 975-984.
• Christoph Link: Martin Heckel on his 80th birthday . In: Juristenteitung 11, 2009, p. 562 f.
• Karl-Hermann Kästner (Ed.): Academic celebration on June 18, 2009 for Martin Heckel on the occasion of his 80th birthday (= Tübingen University Speeches NF Vol. 46). Tübingen 2010.
• Felix Hammer: Martin Heckel for his 90th birthday . In: JuristenZeitung (JZ) . tape 74 , no. 11 , 2019, ISSN  0022-6882 , p. 551–552 , doi : 10.1628 / jz-2019-0199 ( mohrsiebeck.com ).