Discipline in an ecclesiastical context can be defined as the power of a church to maintain order among its members on issues of morals or doctrine. This book presents a scholarly engagement with the way in which legal discipline has evolved within the Church of England since 1688. It explores how the Church of England, unusually among Christian churches, has come to be without means of effective legal discipline in matters of controversy, whether liturgical, doctrinal, or moral. The author excludes matters of blatant scandal to focus on issues where discipline has been attempted in controversial matters, focussing on particular cases. The book makes connections between law, the state of the Church, and the underlying theology of justice and freedom. At a time when doctrinal controversy is widespread across all Christian traditions, it is argued that the Church of England has an inheritance here in need of cherishing and sharing with the universal Church. The book will be a valuable resource for academics and researchers in the areas of law and religion, and ecclesiastical history. .

Incest was a social problem in the Middle Ages, and also a popular literary theme. This wide-ranging study is the first survey of medieval incest stories in their cultural context. Did they reflect real life situations? How was incest defined in the Middle Ages? How were classical incest stories treated by medieval writers? Why was incest such a popular motif in the legendary lives of popes and saints, and why was it inserted into the stories of great heroes such as Charlemagne and Arthur?

This book examines the current law on the employment status of ministers of religion together with religious workers and volunteers and suggests reforms in this area of the law to meet the need for ministers to be given a degree of employment protection. It also considers the constant theme in Christian history that the clergy should not be subject to the ordinary courts and asks whether this is justified with the growth of areas such as employment law. The work questions whether it is possible to arrive at a satisfactory definition of who is a minister of religion and, along with this, who would be the employer of the minister if there was a contract of employment. Taking a comparative perspective, it evaluates the case law on the employment status of Christian and non-Christian clergy and assesses whether this shows any coherent theme or line of development. The work also considers the issue of ministerial employment status against the background of the autonomy of churches and other religious bodies from the State, together with their ecclesiology. The book will be of interest to academics and researchers working in the areas of law and religion, employment law and religious studies, together with both legal practitioners and human resources practitioners in these areas.

The Bohemian reformer Jan Hus made a substantial and critical contribution to the development of the medieval church, owing especially to his views and teachings on Scripture, the church, faith, conscience, and spirituality. This book offers a presentation of Hus's theological commitment centered on his understanding of truth. Lasek and Franklin explore Hus's preaching ministry and his long-drawn-out legal struggle against charges of heresy as ethical outworkings of this approach to truth. Central to this exploration is a new annotated translation of Hus's Appeal to Jesus Christ as the Supreme Judge against the pope and canon law. This document was not only a protest against papal power, but expressed a fundamentally new legal situation: in bypassing canon law, it essentially represented a personal claim to freedom of conscience. This unheard-of principle from within the medieval legal framework preceded other related ecclesiastical and legal developments by several centuries. The authors argue that Hus's appeal thus represents a momentous event in church history and European history as a whole. Due to the historical significance of his martyrdom and commemoration by many churches throughout Europe, this book demonstrates that Hus remains an important figure not only for the study of European history, but also for understanding contemporary values of Western civilization.

This original book is a comprehensive, richly documented and critical examination of laws applicable to Anglican cathedrals in England, some of the most iconic monuments in the national heritage and centres of spiritual and cultural capital. Law is the missing link in the emerging field of cathedral studies. The book fills this gap. It explores historical antecedents of modern cathedral law, traces aspects of them that still endure, and explains the law with particular reference to the recommendations of the Archbishops' Commission on Cathedrals 1994 which led to the most radical changes in the legal history of these churches since the Reformation, culminating in the Cathedrals Measure 1999 and associated later legislation. The book compares the domestic constitutions and statutes of all the cathedrals of the Church of England today - old foundations, new foundations and parish church cathedrals - as well as policies and guidelines applicable to or adopted by them. Whilst national law acts as a fundamental unifying force, there is considerable diversity as between these in terms of the breadth and depth of their coverage of topics. In the socio-legal tradition, the book also explores through interviews with clergy and others, at half of the cathedrals, how laws are experienced in practice. These reveal that whilst much of the law is perceived as working well, there are equally key areas of concern. To this end, the book proposes areas for further research and debate with a view to possible reform. Taking an architectural feature of cathedrals as the starting point for each chapter, from cathedral governance through mission, ministry, music and education to cathedral property, what emerges is that law and architecture have a symbiotic relationship so that a cathedral is itself a form of juristecture.

First published in 1980, but then out of print for several years, this collection, together with The History of Ideas and Doctrines of Canon Law in the Middle Ages, presents a series of fundamental articles by the acknowledged master of medieval canon law studies. For this second edition they have been provided with extensive sections of new notes and references and the detailed indexes have been wholly revised and expanded. The volumes therefore now constitute essential works of reference for all those interested in the study of the medieval Church and its law. Ces deux collections, tout d'abord publiees en 1980, mais actuellement hors impression depuis plusieurs annees, presentent une serie de textes fondamentaux du mAcitre inconteste de l'etude du droit canon medieval. Pour cette seconde edition, elles ont ete enrichies de sections importantes de nouvelles notes et references et les index detailles ont ete entierement revises et approfondis. De ce fait, ces ouvrages constituent aujourd'hui des travaux essentiels de reference pour tous ceux interesses par l'etude de l'Eglise medievale et de son droit.

Collected Studies CS1071 The central figure in this volume is that of Gratian, whose monumental compilation of canon law sparked off the revival of legal studies in the medieval West. In other collections of essays, Stephan Kuttner dealt with the development of canon law in the two centuries that followed the publication of Gratian's Decretum, and the ideas that this engendered; here he is concerned with the foundations upon which all these later efforts were based. The work of Gratian is, of course, the principal focus, but the studies then follow the spread of the teaching of law, from its inception at Bologna in the 1140s to its appearance soon after in other centres of learning in the West especially in France, in the Anglo-Norman schools and in Germany. With a quarter of the volume consisting of additional notes and extensive indexes, it makes a contribution of the greatest importance to the historical study of canon law. For this second edition, a new section of additional notes has been supplied, and the volume is introduced with an essay by Peter Landau; these take account of the important recent work on Gratian and the Decretum and chart the significance of Stephan Kuttner's work.

Law, Person, and Community: Philosophical, Theological, and Comparative Perspectives on Canon Law takes up the fundamental question "What is law?" through a comparative study of canon law and secular legal theory. Canon law is analogous to the concept of law described by secular theorists such as Austin, Kelsen, Holmes, and H. L. A. Hart. Consistent with the secular concept, canon law aims to set a societal order that harmonizes the interests of individuals and communities, secures peace, guarantees freedom, and establishes justice. At the same time, canon law reflects a claim about the spiritual end of the human person and religious nature of community. The comparison of one of the world's ancient systems of religious law with contemporary conceptions of law rooted in secular theory raises questions about the law's power to bind individuals and communities. For example, to what extent, does each of the approaches to law reflect the theory of Austin which understands law as a command given by the sovereign and backed by the coercive power of the state? Or, as H. L. A. Hart suggested, does law require an additional internal meaning that carries the power to bind? If internal meaning is a necessary constituent to law, how might religious and secular conceptions of it differ? In addition to these questions, Law, Person, and Community asks the fundamental question "What is law?" through a comparative study of canon law and secular legal theory. This book also includes comparative consideration of the failure of canon law to address the clergy sexual abuse crisis, the canon law of marriage, administrative law, the rule of law, and equity. Professor John J. Coughlin employs comparative methodology in an attempt to reveal and contrast the concepts of the human person reflected in both canon law and secular legal theory.

Ivo of Chartres was one of the most learned scholars of his time, a powerful bishop and a major figure in the so-called 'Investiture Contest'. Christof Rolker here offers a major new study of Ivo, his works and the role he played in the intellectual, religious and political culture of medieval Europe around 1100 AD. Comparing Ivo s extensive correspondence to the contemporary canon law collections attributed to him, Dr Rolker provides a new interpretation of their authorship. Contrary to current assumptions, he reveals that Ivo did not compile the Panormia, showing that its compiler worked in a distinctly different mental framework from Ivo. These findings call for a reassessment of the relationship between Church reform and scholasticism and shed new light on Ivo as both a scholar and bishop.

This is one of the first volumes to appear in a landmark new series, The Oxford History of the Laws of England. It traces the history of the reception and role of the canon law in England between 597 and 1649, examining both the establishment of ecclesiastical courts and the heads of jurisdiction within them. Legal practice is viewed against the background of the formal canon law.

An updated and expanded version of the original edition, published in 1998. That original edition went up through 1245. This new version extends to 1317 and adds two important prefaces.

This comprehensive volume analyzes Chinese birth policies and population developments from the founding of the People's Republic to the 2000 census. The main emphasis is on China's 'Hardship Number One Under Heaven': the highly controversial one-child campaign, and the violent clash between family strategies and government policies it entails. Birth Control in China 1949-2000 documents an agonizing search for a way out of predicament and a protracted inner Party struggle, a massive effort for social engineering and grinding problems of implementation. It reveals how birth control in China is shaped by political, economic and social interests, bureaucratic structures and financial concerns. Based on own interviews and a wealth of new statistics, surveys and documents, Thomas Scharping also analyzes how the demographics of China have changed due to birth control policies, and what the future is likely to hold. This book will be of interest to students and scholars of modern China, Asian studies and the social sciences.

When first published in 1958, The Canons of the Council of Sardica, AD 343 at once became the standard account of the canons passed by the Western bishops assembled at Serdica in 343 and the thinking on Church matters that lay behind them. In this new edition Hamilton Hess has updated his account in the light of recent literature, included new material and the full texts of the canons, and translated all quotations into English to reach a wider audience. Three new opening chapters make a fresh contribution to the study of early church history in giving a comprehensive analysis of the rise of the conciliar movement from its earliest beginnings to the fourth-century establishments of councils as exclusively episcopal legislative assemblies. It is also shown that the emergence of canon law was a gradual evolutionary process leading towards the sixth-century organization of canonical collections as juridical ecclesiastical codes parallel with and complementary to the contemporary civil codes of the Roman empire.

The emancipation of the Jews of England was largely complete when George III came to the throne in 1760. Free to live how and where they wished, the Jews had been specifically exempted from the provisions of the 1753 Marriage Act which made Christian marriage the only legal option for all others. The effect of this exemption was to put the matrimonial causes of the Jews of England exclusively in the hands of their Rabbis and Dayanim (Jewish ecclesiastical judges) for the next one hundred years. No Bet Din (Jewish ecclesiastical court) anywhere in the world has left such a complete record of its transactions -- matrimonial and proselytical -- as that contained in the extant Pinkas (minute-book) of the London Bet Din from 1805 to 1855. In all other matters, including the offences punishable by transportation, Jews were subject to the jurisdiction of the civil courts. Of the estimated 150,000 convict transportees shipped to the Australian penal colonies, some seven hundred were Jews. Matrimonial and related matters involving twenty of these miscreants are recorded in the Pinkas. Jeremy Pfeffer recounts the history of the London Bet Din during these years as revealed by the Pinkas record and relates the previously untold stories of this group of Jewish convict transportees and their families.

This is the fourth volume of a series entitled `Current Legal Issues' that are published each Summer as a sister volume to `Current Legal Problems'. The interaction of religious practice and the law raises a number of difficult and fascinating issues. What exactly do we mean by religious faith? To what extent are the Courts competent to pass judgement on disputes arising within religious organizations? Are some religious faiths more legitimate than others? Should the law grant special privileges to religious believers? - for example exemption from provisions in human rights legislation which would otherwise restrict their activities.

The post-conciliar period was characterised by numerous novelties in the realm of life of consecration resulting also in the emergence of various new canonical issues. Although the CIC 1983 made serious attempts to unravel the same, even after the relative long period of a decade since its promulgation, many matters were still open and ambiguous. In this context, the Synod of 1994 on 'Consecrated life' and the post-synodal apostolic exhortation were deemed to be effective agents in furnishing with the necessary norms which would resolve all such ambiguities. Against this background, the book examines how far the Synod as well as the post-synodal document Vita consecrata contributed to resolve the various canonical issues. Contents: The Synod of Bishops: A Quick Survey - The Consecrated Life: From the Perspective of the various recent Ecclesiastical Documents - The Synod of Bishops on 'Consecrated Life and its Role in the Church and in the World Today' - The Propositiones and the Vita consecrata - Status of Lay Brothers - New Forms of Consecrated Life - Lay Associates / Third Orders / Volunteers - The Mutual Relations between Bishops and Major Superiors - The Order of Consecrated Virgins - Cloister and Contemplative Institutes - Societies of Apostolic Life - Secular Institutes.

The followers of the martyred Bohemian priest Jan Hus (1371-1415) formed one of the greatest challenges to the medieval Latin Church. Branded as heretics, outlawed, then forced to fight for their faith as well as their lives, the Hussites occupy one of the most colorful and challenging chapters of European religious history. The essays reprinted in this book (along with one here first published in English and additional notes) explore the essence of the early Hussite movement by focusing on the nature and development of heresy both as accusation and identity. Heresy and Hussites in Late Medieval Europe first examines the definition of heresy, and its comparative nature across Europe. It investigates the unique practices of popular religion in local communities, while examining theology and its unavoidable conflicts. The repressive policy of crusade and the growth of martyrdom with its inevitable contribution to the formation of Hussite history is explored. The social application of religious ideas, its revolutionary outcomes, along with the intentional use of art in pedagogy and propaganda, situates the Czech heretics in the fifteenth century. An examination of leading personalities, together with the eventual and more formal church administration, rounds out the study of this remarkable era.

A comprehensive guide to the Jewish laws governing the work of the cantor.

Discipline in an ecclesiastical context can be defined as the power of a church to maintain order among its members on issues of morals or doctrine. This book presents a scholarly engagement with the way in which legal discipline has evolved within the Church of England since 1688. It explores how the Church of England, unusually among Christian churches, has come to be without means of effective legal discipline in matters of controversy, whether liturgical, doctrinal, or moral. The author excludes matters of blatant scandal to focus on issues where discipline has been attempted in controversial matters, focussing on particular cases. The book makes connections between law, the state of the Church, and the underlying theology of justice and freedom. At a time when doctrinal controversy is widespread across all Christian traditions, it is argued that the Church of England has an inheritance here in need of cherishing and sharing with the universal Church. The book will be a valuable resource for academics and researchers in the areas of law and religion, and ecclesiastical history. .

First Published in 1995. Routledge is an imprint of Taylor & Francis, an informa company.

The followers of the martyred Bohemian priest Jan Hus (1371-1415) formed one of the greatest challenges to the medieval Latin Church. Branded as heretics, outlawed, then forced to fight for their faith as well as their lives, the Hussites occupy one of the most colorful and challenging chapters of European religious history. The essays reprinted in this book (along with one here first published in English and additional notes) explore the essence of the early Hussite movement by focusing on the nature and development of heresy both as accusation and identity. Heresy and Hussites in Late Medieval Europe first examines the definition of heresy, and its comparative nature across Europe. It investigates the unique practices of popular religion in local communities, while examining theology and its unavoidable conflicts. The repressive policy of crusade and the growth of martyrdom with its inevitable contribution to the formation of Hussite history is explored. The social application of religious ideas, its revolutionary outcomes, along with the intentional use of art in pedagogy and propaganda, situates the Czech heretics in the fifteenth century. An examination of leading personalities, together with the eventual and more formal church administration, rounds out the study of this remarkable era.

Crises are never the best of times and the era of the Great Western Schism (1378-1417) easily qualifies as one of the worst of times. As a professor of canon law at the University of Padua and later cardinal, and as a major theorist in the conciliarist movement, Franciscus Zabarella (1360-1417) tried to do what a good legal mind does: find and explicate a viable and legal solution to the crises of his time, a solution that would stand up in his own era and for the generations that followed. In this volume Thomas Morrissey looks at what he said, wrote and did, and places him and his thought in the context of the late medieval and early modern era, how he reflected that world and how he influenced it. Particular studies elucidate what he wrote on the authority and on the duty of the people in power, what they could do and should do, as well as what they should not do. They also show how he explored the area of early constitution law and human rights in civil and religious society and that his work leads down the road to our modern constitutional democratic societies. The volume includes two previously unpublished studies, on the situation in Padua c. 1400 and on a sermon from 1407, together with an introduction contextualizing the articles.

Approved by the bishops of England and Wales for their dioceses. 300 questions and answers on all aspects of the Faith. Excellent basic class text and short summary of Catholic teaching for everyone. An official catechism. (5-2.00 ea.; 10-1.75 ea.; 25-1.50 ea.; 50-1.25 ea.; 100-1.00 ea.).

Since its earliest days, the Christian Church sought to draw up rules by which its members could live together in religious communities. Whilst those of Augustine (c.400 AD) and Benedict (c.530 AD) provided detailed guidance for monastic life, it took another two centuries for equivalent rules for secular clergy to become accepted on a wide scale. The earliest surviving set of comprehensive rules for canons are those written in the mid-eighth century by St Chrodegang (c.712-766), Bishop of Metz. Writing initially for secular clergy at Metz Cathedral, this work shows how Chrodegang's rule borrowed much from the Benedictine tradition, dealing with many of the same concerns such as the housing, feeding and disciplining of members of the community and the daily routine of the divine offices. At a time when there was no consensus on how clergy should live - whether they should marry or were eligible to own property - Chrodegang's rule provided clear guidance on such issues, and inspired reformers across Europe to consider how clergy lived and interacted with wider society. Although his work was superseded within a generation by the Rule of Aachen, Chrodegang succeeded in setting the agenda for subsequent rules for canons and as such his rule deserves to be given more weight by Church historians than has hitherto been the case. Providing the Latin texts and English translations of the three surviving versions of Chrodegang's rule, (Regula Originalis Chrodegangi, Institutio Canonicorum, Regula Longior Canonicorum) this volume provides an invaluable resource to scholars of medieval Christian communities. Substantial introductions to each text provide historical context and bibliographic details, allowing them to be understood in a much fuller way than has hitherto been possible.