Legal Flexibility and the Mission of the Church

by Will Adam

Author	: Will Adam
Publisher	: Routledge
Total Pages	: 264
Release	: 2016-04-22
Genre	: Religion
ISBN	: 131710627X

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Legal scholars and authorities generally agree that the law should be obeyed and should apply equally to all those subject to it, without favour or discrimination. Yet it is possible to see that in any legal system there will be situations when strict application of the law will produce undesirable results, such as injustice or other consequences not intended by the law as framed. In such circumstances the law may be changed but there may be broad policy reasons not to do so. The allied concepts of dispensation and economy grew up in the western and eastern traditions of the Christian church as mechanisms whereby an individual or a class of people could, by authority, be excused from obligations under a particular law in particular circumstances without that law being changed. This book uncovers and explores this neglected area of church life and law. Will Adam argues that dispensing power and authority exist in various guises in the systems of different churches. Codified and understood in Roman Catholic and Orthodox canon law, this arouses suspicion in the Church of England and in English law in general. The book demonstrates that legal flexibility can be found in English law and is integral to the law of the Church, to enable the Church today better to fulfil its mission in the world.

The Great Church Crisis and the End of English Erastianism, 1898-1906

by Bethany Kilcrease

Author	: Bethany Kilcrease
Publisher	: Taylor & Francis
Total Pages	: 235
Release	: 2016-12-08
Genre	: History
ISBN	: 1317029925

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This book traces the history of the "Church Crisis", a conflict between the Protestant and Anglo-Catholic (Ritualist) parties within the Church of England between 1898 and 1906. During this period, increasing numbers of Britons embraced Anglo-Catholicism and even converted to Roman Catholicism. Consequent fears that Catholicism was undermining the "Protestant" heritage of the established church led to a moral panic. The Crisis led to a temporary revival of Erastianism as protestant groups sought to stamp out Catholicism within the established church through legislation whilst Anglo-Catholics, who valued ecclesiastical autonomy, opposed any such attempts. The eventual victory of forces in favor of greater ecclesiastical autonomy ended parliamentary attempts to control church practice, sounding the death knell of Erastianism. Despite increased acknowledgment that religious concerns remained deep-seated around the turn of the century, historians have failed to recognize that this period witnessed a high point in Protestant-Catholic antagonism and a shift in the relationship between the established church and Parliament. Parliament’s increasing unwillingness to address ecclesiastical concerns in this period was not an example advancing political secularity. Rather, Parliament’s increased reluctance to engage with the Church of England illustrates the triumph of an anti-Erastian conception of church-state relations.

Legal Flexibility and the Mission of the Church

by Revd Dr Will Adam

Author	: Revd Dr Will Adam
Publisher	: Ashgate Publishing, Ltd.
Total Pages	: 272
Release	: 2013-06-28
Genre	: Religion
ISBN	: 1409481638

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Legal scholars and authorities generally agree that the law should be obeyed and should apply equally to all those subject to it, without favour or discrimination. Yet it is possible to see that in any legal system there will be situations when strict application of the law will produce undesirable results, such as injustice or other consequences not intended by the law as framed. In such circumstances the law may be changed but there may be broad policy reasons not to do so. The allied concepts of dispensation and economy grew up in the western and eastern traditions of the Christian church as mechanisms whereby an individual or a class of people could, by authority, be excused from obligations under a particular law in particular circumstances without that law being changed. This book uncovers and explores this neglected area of church life and law. Will Adam argues that dispensing power and authority exist in various guises in the systems of different churches. Codified and understood in Roman Catholic and Orthodox canon law, this arouses suspicion in the Church of England and in English law in general. The book demonstrates that legal flexibility can be found in English law and is integral to the law of the Church, to enable the Church today better to fulfil its mission in the world.

Between Sword and Prayer

by

Author	:
Publisher	: BRILL
Total Pages	: 564
Release	: 2017-10-02
Genre	: History
ISBN	: 9004353623

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Between Sword and Prayer is a broad-ranging anthology focused on the involvement of medieval clergy in warfare and a variety of related military activities. The essays address, on the one hand, the issue of clerical participation in combat, in organizing military campaigns, and in armed defense, and on the other, questions surrounding the political, ideological, or religious legitimization of clerical military aggression. These perspectives are further enriched by chapters dealing with the problem of the textual representation of clergy who actively participated in military affairs. The essays in this volume span Latin Christendom, encompassing geographically the four corners of medieval Europe: Western, East-Central, Northern Europe, and the Mediterranean. Contributors are Carlos de Ayala Martínez, Geneviève Bührer-Thierry, Chris Dennis, Pablo Dorronzoro Ramírez, Lawrence G. Duggan, Daniel Gerrard, Robert Houghton, Carsten Selch Jensen, Radosław Kotecki, Jacek Maciejewski, Ivan Majnarić, Monika Michalska, Michael Edward Moore, Craig M. Nakashian, John S. Ott, Katherine Allen Smith, and Anna Waśko.

Religion and Law in the United Kingdom

by Mark Hill QC

Author	: Mark Hill QC
Publisher	: Kluwer Law International B.V.
Total Pages	: 356
Release	: 2021-06-20
Genre	: Law
ISBN	: 9403534907

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Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient resource provides systematic information on how the United Kingdom: Great Britain deals with the role religion plays or can play in society, the legal status of religious communities and institutions, and the legal interaction among religion, culture, education, and media. After a general introduction describing the social and historical background, the book goes on to explain the legal framework in which religion is approached. Coverage proceeds from the principle of religious freedom through the rights and contractual obligations of religious communities; international, transnational, and regional law effects; and the legal parameters affecting the influence of religion in politics and public life. Also covered are legal positions on religion in such specific fields as church financing, labour and employment, and matrimonial and family law. A clear and comprehensive overview of relevant legislation and legal doctrine make the book an invaluable reference source and very useful guide. Succinct and practical, this book will prove to be of great value to practitioners in the myriad instances where a law-related religious interest arises in the United Kingdom: Great Britain. Academics and researchers will appreciate its value as a thorough but concise treatment of the legal aspects of diversity and multiculturalism in which religion plays such an important part.

Christianity and Natural Law

by Norman Doe

Author	: Norman Doe
Publisher	: Cambridge University Press
Total Pages	: 281
Release	: 2017-07-20
Genre	: Law
ISBN	: 1316949567

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Historically, natural law has played a pivotal role in Christian approaches to the law, and a contested role in legal philosophy generally. However, comparative study of natural law across global Christian traditions is largely neglected. This book provides not only the history of natural law ideas across mainstream Christian traditions worldwide, but also an ecumenical comparison of the contemporary natural law positions of different traditions. Its focus is not solely theoretical: it tests the practical utility of natural law by exploring its use in the legal systems of the churches studied. Alongside analysis of the assumptions underlying the concept, it also proposes a jurisprudence of Christian law itself. With chapters written by distinguished lawyers and theologians across the world, this book is designed for those studying and teaching law or theology, those who practice and study ecumenism, and those involved in the practice of church law.

The Theology and Ecclesiology of the Prayer Book Crisis, 1906–1928

by Dan D. Cruickshank

Author	: Dan D. Cruickshank
Publisher	: Springer Nature
Total Pages	: 133
Release	: 2019-09-12
Genre	: History
ISBN	: 3030271307

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This book considers the doctrinal and ecclesiological trends that were present during the construction of the revised Book of Common Prayer of 1927. Through the use of the records of both Convocations and of the National/Church Assembly, it examines the debates that led to the revised Book and the doctrinal shifts that were present in these debates. It challenges the idea that the revision process stalled in the First World War by showing how the birth of the National Assembly that took place during the war was born out of the revision process. Through the Assembly records it shows the integral role the laity played in the revision process. It examines the attempts to get the revised Books through Parliament, the difference between pro and anti-revision speakers, and the radical ecclesiological thinking that followed the rejections.

The English Reformation Revisited

by David Salvato

Author	: David Salvato
Publisher	: Cambridge Scholars Publishing
Total Pages	: 308
Release	: 2018-12-04
Genre	: History
ISBN	: 1527522849

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This book is a comparative study of two Church Communities, specifically the Anglican Communion and the Universal Catholic Church. It demonstrates what caused the Church in England to break away from the Catholic Church, and focuses on how English Law has influenced the Church of England since the sixteenth century, and how the Common Law system has molded its doctrine and ecclesiology. In its comparison, it follows the Churches’ histories from their inception up until the English Reformation. It highlights the differences between the two Church Communities from that time, and gives a detailed study of the two Church Communities’ understanding of law, authority and ecclesiology and how these influence the governing aspects of their respective communities. Concomitantly, it discusses the differences between the two main figures of each Community, the Pope and the Archbishop of Canterbury. This book will appeal to Anglicans, Catholics, historians, lawyers, theologians and Christians in general.

Beyond Common Worship

by Mark Earey

Author	: Mark Earey
Publisher	: SCM Press
Total Pages	: 176
Release	: 2013-10-14
Genre	: Religion
ISBN	: 0334047390

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The introduction of Common Worship services in the Church of England has gone remarkably smoothly, considering the immensity of the task. But despite its overall success, the sheer variety of material, coupled with the complex rules about what is and is not allowed, have left some parishes, clergy and Readers wondering if this is really the best way to produce good worship. A question such as, How do we use Common Worship for a Messy Church service of Holy Communion? focuses the issue but it is a question being asked in different ways in lots of different places. In this book, Mark Earey turns to the future, asking whether the framework of canon law, notes and rubrics within which Common Worship operates is any longer fit for purpose. In a mixed economy Church in which fresh expressions of church, alt.worship and new monasticism all sit alongside traditional parish churches, he asks whether it is time for the current rules-based approach to Church of England liturgy to make way for an approach based on trust and accountability. Such an approach would allow for more local flexibility and creativity, but raises big questions about how such worship can be truly indigenous yet authentically Anglican.