Page 386 - Stati inu obstati, revija za vprašanja protestantizma, letnik VIII (2012), številka 15-16, ISSN 1408-8363
P. 386
SYNOPSSEYSN,OPZSEUS, SZUASAMMMMENEFANSSFUANGSENSUNGEN
UDC 274(436.59)
27-9:93/94
Karl W. Schwarz
Joseph II’s Patent of Toleration and its significance for the Lutheran
minority in Slovenia
The basis for this article was a lecture given at a special event of the Lutheran
Church in Slovenia, held at the Štefan Küzmič Memorial Centre at Puconci on
18. 9. 2011. In reworking the text, the author had in mind the burning cultural-
political and inter-confessional question: the problem of a marriage relation-
ship between adherents of different confessions and the religious upbringing
of children within it. Previously this was dealt with exclusively from the stand-
point of (Roman Catholic) canon law. Nowadays an important ecumenical task
is seen, which should recognize that such relationships link different confes-
sions and stress inter-church responsibility for such relationships both before
and after marriage.
Joseph II’s policy towards “non-Roman Catholics” was described with the
concept of toleration. One of the roots of the emperor’s new policy was meant
to be “true Christian tolerance”. The heroics of the official reasons for toler-
ance in the Patent were followed by the implementation provisions, which de-
fined the narrow framework of what was allowed. Due to these narrow bound-
aries, there was justified talk of “incomplete tolerance”. These restrictions
gained a typical expression with the concept of exercitium religionis privatum (i.e.
the exercise of private religion), which was restricted by the privileges of the
dominant religion. It was not a matter of tolerating competing non-Catholic
churches, but simply allowed tolerance on the level of individual rights.
Joseph II’s legislation on mixed marriages was just part of the toleration
laws, yet a part that heavily burdened the life of Lutheran communities in the
Hapsburg monarchy in Austria as well as in Slovenia; it also revealed the am-
bivalence and incompleteness of tolerance.
Today the concept of tolerance has changed a great deal: instead of a legal
concept it has become an ethical one. Tolerance is demanded also in present-
day inter-confessional co-existence, but no longer refers to merely the tolerated
position of the confessional minority, but assumes the confessional equality of
all churches and religious groups, as also declared in Article 7 of the Slovene
constitution. The present-day inter-confessional and inter-religious discourse
384
UDC 274(436.59)
27-9:93/94
Karl W. Schwarz
Joseph II’s Patent of Toleration and its significance for the Lutheran
minority in Slovenia
The basis for this article was a lecture given at a special event of the Lutheran
Church in Slovenia, held at the Štefan Küzmič Memorial Centre at Puconci on
18. 9. 2011. In reworking the text, the author had in mind the burning cultural-
political and inter-confessional question: the problem of a marriage relation-
ship between adherents of different confessions and the religious upbringing
of children within it. Previously this was dealt with exclusively from the stand-
point of (Roman Catholic) canon law. Nowadays an important ecumenical task
is seen, which should recognize that such relationships link different confes-
sions and stress inter-church responsibility for such relationships both before
and after marriage.
Joseph II’s policy towards “non-Roman Catholics” was described with the
concept of toleration. One of the roots of the emperor’s new policy was meant
to be “true Christian tolerance”. The heroics of the official reasons for toler-
ance in the Patent were followed by the implementation provisions, which de-
fined the narrow framework of what was allowed. Due to these narrow bound-
aries, there was justified talk of “incomplete tolerance”. These restrictions
gained a typical expression with the concept of exercitium religionis privatum (i.e.
the exercise of private religion), which was restricted by the privileges of the
dominant religion. It was not a matter of tolerating competing non-Catholic
churches, but simply allowed tolerance on the level of individual rights.
Joseph II’s legislation on mixed marriages was just part of the toleration
laws, yet a part that heavily burdened the life of Lutheran communities in the
Hapsburg monarchy in Austria as well as in Slovenia; it also revealed the am-
bivalence and incompleteness of tolerance.
Today the concept of tolerance has changed a great deal: instead of a legal
concept it has become an ethical one. Tolerance is demanded also in present-
day inter-confessional co-existence, but no longer refers to merely the tolerated
position of the confessional minority, but assumes the confessional equality of
all churches and religious groups, as also declared in Article 7 of the Slovene
constitution. The present-day inter-confessional and inter-religious discourse
384
