Catholicism and the Concept of ‘the State’ in the Irish (1937) Constitution

IF 0.4 Q3 LAW

Oxford Journal of Law and Religion Pub Date : 2020-12-03 DOI:10.1093/ojlr/rwaa028

B. Kissane

引用次数: 0

Abstract

The concept of the State is expressed more frequently and in more ways in the Irish (1937) constitution than in most European constitutions. The previous 1922 constitution had hardly mentioned the concept at all. Using the tools of conceptual history this article shows how a combination of Catholicism and nationalism led to the inflation of the State in 1937. The article also considers what this inflation of the State tells us about the controversy over the religious origins of the constitution. Rejecting the possibility that it was ‘contaminated’ by the values of the 1930s, the language of statehood is seen rather as an example of how a constitution could harmonize religious with secular values without ‘contaminating’ the secular meaning of the State.

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天主教与爱尔兰（1937）宪法中的“国家”概念

与大多数欧洲宪法相比，爱尔兰（1937年）宪法更频繁、更多地表达了国家的概念。1922年以前的宪法几乎没有提到这个概念。本文运用概念史的工具，展示了天主教和民族主义的结合是如何导致1937年国家膨胀的。文章还考虑了国家的膨胀告诉我们关于宪法宗教起源的争议。国家的语言拒绝接受被20世纪30年代的价值观“污染”的可能性，而是被视为宪法如何在不“污染”国家世俗意义的情况下协调宗教与世俗价值观的一个例子。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

Oxford Journal of Law and Religion LAW-

CiteScore

1.00

自引率

16.70%

发文量

期刊介绍： Recent years have witnessed a resurgence of religion in public life and a concomitant array of legal responses. This has led in turn to the proliferation of research and writing on the interaction of law and religion cutting across many disciplines. The Oxford Journal of Law and Religion (OJLR) will have a range of articles drawn from various sectors of the law and religion field, including: social, legal and political issues involving the relationship between law and religion in society; comparative law perspectives on the relationship between religion and state institutions; developments regarding human and constitutional rights to freedom of religion or belief; considerations of the relationship between religious and secular legal systems; and other salient areas where law and religion interact (e.g., theology, legal and political theory, legal history, philosophy, etc.). The OJLR reflects the widening scope of study concerning law and religion not only by publishing leading pieces of legal scholarship but also by complementing them with the work of historians, theologians and social scientists that is germane to a better understanding of the issues of central concern. We aim to redefine the interdependence of law, humanities, and social sciences within the widening parameters of the study of law and religion, whilst seeking to make the distinctive area of law and religion more comprehensible from both a legal and a religious perspective. We plan to capture systematically and consistently the complex dynamics of law and religion from different legal as well as religious research perspectives worldwide. The OJLR seeks leading contributions from various subdomains in the field and plans to become a world-leading journal that will help shape, build and strengthen the field as a whole.