Thomasius on the toleration of heresy

Over two thousand years the Christian Church identified a wider range and a greater number of heresies than most other religions and, when secular authorities did not protected the heretics, took drastic measures to persuade the heretic to recant and to extirpate the false doctrine. Heresy, of course, is a word like a box [End Page 201] that at different times may hold many different ideas and so some articles are dealing with definitions and identifications that are not the same. The editors suggest that the articles show a profound change in culture in the eighteenth century which means that present day scholars can barely imagine the mind-set that produced medieval attitudes to heresy. This is the task some of the authors have set themselves while others seek to explain how the change came about as part of the historical search for truth.

The role of the church in developing the law

The church and other community organisations have a legitimate role to play in influencing public policy. However, intervention by the church and other religious bodies in recent litigation in Australia and the United Kingdom raises questions about the appropriateness of such bodies being permitted to intervene directly in the court process as amici curiae. We argue that there are dangers in such bodies insinuating their doctrine under the guise of legal argument in civil proceedings, but find it difficult to enunciate a principled distinction between doctrine and legal argument. We advise that judges should exercise caution in dealing with amicus submissions.