EL CONTROL PROTESTANTE DE LA TRANSGRESIÓN MORAL. ¿DISCIPLINA O DERECHO?

Abstract

This paper discusses the doctrinal foundations of criminal law in Calvin’s ecclesiology, namely his theology of original sin, and its practical implementation in the Geneva consistory. On these grounds, I analyse the distinction between civil and ecclesiastical criminal law. Calvin granted both State and Church the ius gladii, but only the former can claim a right to impose physical punishment, whereas the latter should just punish spiritually. Here lies, in my view, the difference between law and discipline. The right of coercion properly so called belongs exclusively to the state as such and neither the individual nor the church can claim it for themselves. Here we have a fundamental contribution to the history of law by the Reformation.