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This collection, by leading legal scholars, judges and
practitioners, together with theologians and church historians,
presents historical, theological, philosophical and legal
perspectives on Christianity and criminal law. Following a Preface
by Lord Judge, formerly Lord Chief Justice of England and Wales,
and an introductory chapter, the book is divided into four thematic
sections. Part I addresses the historical contributions of
Christianity to criminal law drawing on biblical sources, early
church fathers and canonists, as far as the Enlightenment. Part II,
titled Christianity and the principles of criminal law, compares
crime and sin, examines concepts of mens rea and intention, and
considers the virtue of due process within criminal justice. Part
III looks at Christianity and criminal offences, considering their
Christian origins and continuing relevance for several basic crimes
that every legal system prohibits. Finally, in Part IV, the authors
consider Christianity and the enforcement of criminal law, looking
at defences, punishment and forgiveness. The book will be an
invaluable resource for students and academics working in the areas
of Law and Religion, Legal Philosophy and Theology.
In this book one of the world's foremost legal historians draws
upon the evidence of the canon law, court records and the English
common-law system to demonstrate the extent to which, contrary to
received wisdom, Roman canon law survived in England after the
upheavals of the Protestant Reformation. R. H. Helmholz provides an
extensive examination of the manuscript records of the
ecclesiastical courts and professional literature of the English
civilians. Rebutting the views of Maitland and others, he shows how
English looked to the Continent for guidance and authority in
administering the system of justice they had inherited from the
Middle Ages. Intellectual links between England and the Continent
are shown to have survived the Reformation and the abolition of
papal jurisdiction. The extent to which papal material was still
used in England during the sixteenth and seventeenth centuries will
interest all readers and surprise many.
Historians of the English legal profession have written
comparatively little about the lawyers who served in the courts of
the Church. This volume fills a gap; it investigates the law by
which they were governed and discusses their careers in legal
practice. Using sources drawn from the Roman and canon laws and
also from manuscripts found in local archives, R. H. Helmholz
brings together previously published work and new evidence about
the professional careers of these men. His book covers the careers
of many lesser known ecclesiastical lawyers, dealing with their
education in law, their reaction to the coming of the Reformation,
and their relationship with English common lawyers on the eve of
the Civil War. Making connections with the European ius commune,
this volume will be of special interest to English and Continental
legal historians, as well as to students of the relationship
between law and religion.
This collection, by leading legal scholars, judges and
practitioners, together with theologians and church historians,
presents historical, theological, philosophical and legal
perspectives on Christianity and criminal law. Following a Preface
by Lord Judge, formerly Lord Chief Justice of England and Wales,
and an introductory chapter, the book is divided into four thematic
sections. Part I addresses the historical contributions of
Christianity to criminal law drawing on biblical sources, early
church fathers and canonists, as far as the Enlightenment. Part II,
titled Christianity and the principles of criminal law, compares
crime and sin, examines concepts of mens rea and intention, and
considers the virtue of due process within criminal justice. Part
III looks at Christianity and criminal offences, considering their
Christian origins and continuing relevance for several basic crimes
that every legal system prohibits. Finally, in Part IV, the authors
consider Christianity and the enforcement of criminal law, looking
at defences, punishment and forgiveness. The book will be an
invaluable resource for students and academics working in the areas
of Law and Religion, Legal Philosophy and Theology.
The Great Christian Jurists series comprises a library of national
volumes of detailed biographies of leading jurists, judges and
practitioners, assessing the impact of their Christian faith on the
professional output of the individuals studied. Little has
previously been written about the faith of the great judges who
framed and developed the English common law over centuries, but
this unique volume explores how their beliefs were reflected in
their judicial functions. This comparative study, embracing ten
centuries of English law, draws some remarkable conclusions as to
how Christianity shaped the views of lawyers and judges. Adopting a
long historical perspective, this volume also explores the lives of
judges whose practice in or conception of law helped to shape the
Church, its law or the articulation of its doctrine.
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.
Ius commune is the amalgamation of Roman and canon laws on the continent. Helmholz addresses the ius commune's relation to and influence on English law. He begins by observing that there were many overlapping areas between English institutions. Through four studies (the law of sanctuary, the law of compurgation, mortuaries and the law of custom, and civil jurisdiction and the clergy), he draws out the coincidences between English law and the ius commune and shows where they developed parallel bodies of doctrine. Helmholz aims to fill in some of the gaps in scholarship on the common legal past of Western law, the history of the Roman and canon laws, the history of the ecclesiastical courts, parallels between the ius commune and English common law, and English church history.
This book tells one part of the long history of the institution of
marriage. Questions concerning the formation and annulment of
marriage came under the exclusive jurisdiction of the church courts
during the Middle Ages. Drawing on unpublished records of these
courts, Professor Helmholz describes the practical side of
matrimonial jurisdiction and relates it to his outline of the
formal law of marriage. He investigates the nature of the cases
heard, the procedure used, the people involved and changes over the
period covered, all of which add to what is known about marriage
and legal practice in medieval England. The concluding assessment
of canonical jurisdiction over marriage suggests that the
application of the law was more successful than is usually thought.
In this book one of the world's foremost legal historians draws upon the evidence of the canon law, court records and the English common-law system to demonstrate the extent to which, contrary to received wisdom, Roman canon law survived in England after the upheavals of the Protestant Reformation. Clearly and elegantly written, this study is both a companion to and development of Maitland's celebrated Roman Canon Law in Medieval England. It will be of great interest not only to legal and ecclesiastical specialists but to any reader seeking a wider understanding of the constitutional and intellectual context in which the English Reformation developed.
The Great Christian Jurists series comprises a library of national
volumes of detailed biographies of leading jurists, judges and
practitioners, assessing the impact of their Christian faith on the
professional output of the individuals studied. Little has
previously been written about the faith of the great judges who
framed and developed the English common law over centuries, but
this unique volume explores how their beliefs were reflected in
their judicial functions. This comparative study, embracing ten
centuries of English law, draws some remarkable conclusions as to
how Christianity shaped the views of lawyers and judges. Adopting a
long historical perspective, this volume also explores the lives of
judges whose practice in or conception of law helped to shape the
Church, its law or the articulation of its doctrine.
Historians of the English legal profession have written
comparatively little about the lawyers who served in the courts of
the Church. This volume fills a gap; it investigates the law by
which they were governed and discusses their careers in legal
practice. Using sources drawn from the Roman and canon laws and
also from manuscripts found in local archives, R. H. Helmholz
brings together previously published work and new evidence about
the professional careers of these men. His book covers the careers
of many lesser known ecclesiastical lawyers, dealing with their
education in law, their reaction to the coming of the Reformation,
and their relationship with English common lawyers on the eve of
the Civil War. Making connections with the European ius commune,
this volume will be of special interest to English and Continental
legal historians, as well as to students of the relationship
between law and religion.
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