German Court Prohibits Circumcision

According to a news report from today’s Times of Israel, a German court has held that the circumcision of children constitutes “severe and irreversible interference into physical integrity” and is as such prohibited unless medically necessary.

Could Americans be confronted by a similar decision someday?

Read more

The Donation of Constantine

Last week, Marc posted about the fantastic exhibit of the Vatican archives currently underway at the Capitoline Museum in Rome. One of the documents on display is Lorenzo Valla’s definitive refutation of the so-called “Donation of Constantine.” Forgotten today, except by historians of law and religion, the Donation played an important role in justifying papal assertions of temporal power in the Middle Ages.

The Donation was a purportedly an imperial decree, signed by the Emperor Constantine, granting the entirety of the Western Roman Empire to Pope Sylvester I and his successors. Constantine supposedly made this gift in gratitude for Sylvester’s actions in miraculously curing him of leprosy and baptizing him in the Christian faith. Throughout the Middle Ages, the Donation was taken as authentic, and it played a major role in justifying papal assertions during the investiture crisis that Harold Berman famously described in Law and Revolution. By the Renaissance, however, scholars within the Church had begun to have doubts. On the basis of textual analysis, Valla, a priest, demonstrated that the Donation was a forgery in the fifteenth century. Protestant reformers made much of the forgery in their arguments against the Catholic Church.

All this is fun for law-and-religion nerds, but, back when people believed it to be true, the Donation was the subject of some powerful art. On the Coelian Hill near the Colosseum, off a very quiet street, stands a medieval church called Santi Quattro Coronati. In the church’s courtyard, a separate entrance leads to the Oratory of St. Sylvester, where — after giving a small donation — you can see a series of medieval frescoes that tell the whole story: Constantine’s illness, his subjects’ despair, his miraculous cure by Pope Sylvester, and the Donation itself (above). In their credulity, the frescoes are really rather charming. It’s definitely worth going out of your way to see them — even if you’re not a law-and-religion nerd, and even if the story is a complete hoax.