La Revue catholique des institutions et du droit
Over the period from its first issue in January 1873 to the day after the law on the separation of Church and State, the Revue catholique des institutions et du droit published no fewer than three hundred articles dealing directly or indirectly with the right of association. The issue was therefore...
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| Format: | Article |
| Language: | fra |
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Université Jean Moulin - Lyon 3
2024-12-01
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| Series: | Cahiers Jean Moulin |
| Subjects: | |
| Online Access: | https://journals.openedition.org/cjm/2912 |
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| Summary: | Over the period from its first issue in January 1873 to the day after the law on the separation of Church and State, the Revue catholique des institutions et du droit published no fewer than three hundred articles dealing directly or indirectly with the right of association. The issue was therefore fundamental for this journal, which was a vehicle for the ideas of Catholic counter-revolutionary ‘intransigeantisme’. In 1906, the RCID came out against the trial of ‘cultuelles’ associations under the 1905 law: this was because the very principles on which these associations were established were in total contradiction with those on which the Church was founded. The Church was based on an ecclesiastical hierarchy of divine institution, not on associations of equal lay people deriving their power from a private law contract. The Catholic doctrine of the Church ‘société-parfaite’, which was dominant in the 19th century, and which the review would stubbornly echo, could not tolerate the fact that the evolution of relations between the State and the Church reduced the latter to the rank of a mere conventional association under private law. More precisely, the reduction of the legal status of the Church to that of an association was analysed by these jurists of faith as the importation into the law of religions under reform of the ‘collégiales’ doctrines of the German Protestant jurists of the 17th-18th centuries, an ecclesiastical law whose empire was all the more growing, in the eyes of the intransigents, as it was exercised in a State won over to revolutionary principles and the Republic. |
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| ISSN: | 2553-9221 |