The Impact of the Code of Csemegi on the Development of Religious Conditions – Judicial Practice in Baranya County, 1880 - 1900 Cover Image
  • Price 1.50 €

The Impact of the Code of Csemegi on the Development of Religious Conditions – Judicial Practice in Baranya County, 1880 - 1900
The Impact of the Code of Csemegi on the Development of Religious Conditions – Judicial Practice in Baranya County, 1880 - 1900

Author(s): Eszter Cs. Herger
Subject(s): Law, Constitution, Jurisprudence
Published by: STS Science Centre Ltd
Keywords: criminal law; religion; church; judicial practice; crimen blasphemiae; turbatio sacrorum; concubinage; abortion; bigamy; anti-Semitism.

Summary/Abstract: The first modern Hungarian Criminal Code (Code of Csemegi, Act 5 of 1878) regulated religious conditions from several aspects. The religious denominations “recognised by the state” such as the Catholic, Calvinist, Lutheran, Unitarian and the not united Orthodox Churches enjoyed protection by law meaning that several felonies and misdemeanours harming the religion became enacted in the above mentioned Code. Beside these religions also the Israelite denomination was listed among the “recognised religions” both in legal literature and judicial practice but not in the Code. The statutory definitions of revolt and agitation covered a wider circle of injured parties: the term “denomination of faith” was interpreted in the court practice so, that all denominations enjoy the same protection of law – as sight of equality before the law regardless of religion. The study aims to examine the frequency and actual social significance of the felonies and misdemeanours against religion on the basis of the materials of the criminal cases initiated at the Royal Tribunal of Pécs during the two decades following the entry into force of the Code of Csemegi. The study searches answer to the question whether the judicial practice differed from the will of the legislator and if yes, why happened it so.

  • Issue Year: 2012
  • Issue No: 1
  • Page Range: 44-51
  • Page Count: 8
  • Language: English