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Books > Law > Other areas of law > Ecclesiastical (canon) law
Ecclesiastical Law has established itself as the leading authority
on the laws of the Church of England. Offering a uniquely detailed
and scholarly exposition of the law, it has become an essential
reference for anyone with a professional interest in ecclesiastical
and canon law. The fourth edition has been fully revised and
updated to take account of significant changes in the substantive
law, specifically: the effects of the Ecclesiastical Jurisdiction
and Care of Churches Measure 2018; and the overhaul of the
procedure in the Consistory Court in consequence of the Faculty
Jurisdiction Rules 2015; substantial repeals in the Statute Law
(Repeals) Measure 2018 and the new procedure under the Legislative
Reform Measure 2018; the effect of the House of Bishops'
Declaration on the Ministry of Bishops and Priests concerning
provision for traditionalists; and the role of the Independent
Reviewer under the Priests (Resolution of Disputes Procedure)
Regulations 2014. Ecclesiastical Law offers insightful commentary,
thoughtful analysis, and a wealth of materials to the practitioner
and student alike. Materials include: the Canons of the Church of
England, together with the Measures and Rules (updated to 2018)
regulating the faculty jurisdiction and clergy discipline.
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On Christian Doctrine
(Paperback)
St Augustine; Translated by J. F. Shaw; Revised by A M Overett
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R351
R330
Discovery Miles 3 300
Save R21 (6%)
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Cy-pres doctrine, which allows the purpose of a failing or
impractical charitable gift to be changed, has been understood
since the eighteenth century as a medieval canon law principle,
derived from Roman law, to rescue souls by making good their last
charitable intentions. The Uses of the Dead offers an alternate
origin story for this judicial power, grounded in modern, secular
concerns. Posthumous gifts, which required no sacrifice during
life, were in fact broadly understood by canon lawyers and medieval
donors themselves to have at best a very limited relationship to
salvation. As a consequence, for much of the Middle Ages the
preferred method for resolving impossible or impractical gifts was
to try to reach a consensus among all of the interested parties to
the gift, including the donor's heirs and the recipients, with the
mediation of the local bishop. When cy-pres emerged in the
seventeenth century, it cut a charitable gift o from return to the
donor's estate in the event of failure. It also gave the interested
parties to the gift (heirs, beneficiaries, or trustees) little
authority over resolutions to problematic gifts, which were now
considered primarily in relationship to the donor's intent-even as
the intent was ultimately honored only in its breach. The Uses of
the Dead shows how cy-pres developed out of controversies over
church property, particularly monastic property, and whether it
might be legally turned over to fund education, poor relief, or
national defense. Renaissance humanists hoped to make better, more
prudent uses of property; the Reformation sought to correct
superstitious abuses of property and ultimately tended to prevent
donors' heirs from recovering secularized ecclesiastical gifts; and
the early modern state attempted to centralize poor relief and
charitable efforts under a more rational, centralized supervision.
These three factors combined to replace an older equitable ideal
with a new equitable rule-one whose use has rapidly expanded in the
modern era to allow assorted approximations and judicial
redistributions of property.
Over a period of some five centuries, Europe was transformed by the
emergence of barbarian kingdoms in the regions of the former Roman
Empire. In the turbulent post-Roman world, the Christian church and
its bishops had considerable sway, as these kingdoms developed new
institutions such as Christian kingship. Warlike kingdoms competed
with each other and took on projects of political consolidation,
religious accommodation, and conversion. Religious imperatives
shaped the understanding of political culture, alongside
aristocratic consensus and cooperation. The Franks ultimately
dominated Europe and built a great empire, pursuing a doctrine of
missionary warfare. Carolingian kings and nobles were mobilized by
a religiously saturated ideology and by the appeal of an aggressive
and expansionist political order. Throughout these changes, bishops
played a guiding role. Their special garments, liturgies, and
hairstyle indicated their character as a priestly brotherhood, set
apart from the rest of society, whose task was to regulate the
affairs of men and ensure the benevolence of God. The function of
bishops as a cohesive religious order, and their collaboration with
kings, meant that their ideas had a special prestige. By their
blessings bishops could protect crops, houses, and even the kingdom
and its warriors. By their mastery of laws--canon, Roman, and
barbarian--the bishops grasped the right nature of the social order
and indicated to others God's plan for the world. Drawing on the
records of nearly 100 bishops' councils spanning the centuries,
alongside royal law, edicts, and capitularies of the same period,
this study details how royal law and the very character of kingship
among the Franks were profoundly affected by episcopal traditions
of law and social order.
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