Religious Confession And Evidential Privilege In The 21st Century

Author : Mark Hill,Keith Thompson
Publisher : Connor Court Publishing
Page : 322 pages
File Size : 47,8 Mb
Release : 2021-12-17
Category : Electronic
ISBN : 1922449903

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Religious Confession and Evidential Privilege in the 21st Century by Mark Hill,Keith Thompson Pdf

Contributions from: A. Keith Thompson, Robert Natanek, Patrick Parkinson, Monica Doumit, Mario Ferrante, Mark Hill QC, Christopher Grout, Andreas Henriksen Aarflot, Stephen Farrell, Gregory Zubacz, Giorgio Morelli and Eric Lieberman This collection by editors Mark Hill QC and Keith Thompson raises many questions about recent challenges to religious confession privilege whether through legislative enactment or otherwise. Is confessional practice protected by international human rights instruments and domestic constitutional norms? Is there a social benefit from sinners using confession as a means of reformation of character? How do we decide which confidences should be protected by law? Are children and the vulnerable any better protected by making inroads into the doctrinal practice of confession? While these questions are not all answered here, the different US, European and Australian contexts enable wider comparative insights not always considered within a single jurisdiction. While religious confession privilege law has evolved differently in countries with established churches, it seems that the need to accommodate other religions has led to increased tolerance of diverse belief and practice. There are also some surprises here - including the confessional nature of auditing practice in Scientology and that, until recently, it was a criminal offence in Norway and Sweden for a religious minister to disclose confidences. As former Archbishop of Canterbury, Rowan Williams says in the Foreword, no community of faith can exist without a foundation of trust. That bond is shattered when religious authorities betray trust, such as by physical or mental abuse, but confession requires confidences to be maintained for the sacrament of penance to be meaningful. This volume seeks to stimulate discussion and to inform a deeper understanding of this tangled and urgent issue.

Author : A. Keith Thompson
Publisher : Martinus Nijhoff Publishers
Page : 424 pages
File Size : 52,7 Mb
Release : 2011-04-11
Category : Political Science
ISBN : 9789004172326

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Religious Confession Privilege and the Common Law by A. Keith Thompson Pdf

Despite what most evidence law texts say, religious confession privilege does exist at common law. This book provides proof from both historical and common law materials with consequences even in jurisdictions where the privilege now exists in statutory form.

Author : A. Keith Thompson
Publisher : BRILL
Page : 423 pages
File Size : 47,5 Mb
Release : 2011-04-11
Category : Religion
ISBN : 9789047425793

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Religious Confession Privilege and the Common Law by A. Keith Thompson Pdf

Despite what most evidence law texts say, religious confession privilege does exist at common law. This book provides proof from both historical and common law materials with consequences even in jurisdictions where the privilege now exists in statutory form.

Author : John Duddington
Publisher : Taylor & Francis
Page : 247 pages
File Size : 43,8 Mb
Release : 2022-12-16
Category : Business & Economics
ISBN : 9781000804980

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The Church and Employment Law by John Duddington Pdf

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.

Author : Edward Lowth BADELEY
Publisher : Unknown
Page : 84 pages
File Size : 48,5 Mb
Release : 1865
Category : Electronic
ISBN : BL:A0018731575

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The Privelege of Religious Confessions in English Courts of Justice Considered, in a Letter to a Friend by Edward Lowth BADELEY Pdf

Author : Norman Doe,Stephen Coleman
Publisher : Bloomsbury Publishing
Page : 281 pages
File Size : 44,9 Mb
Release : 2024-02-22
Category : Law
ISBN : 9781509973170

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The Legal History of the Church of England by Norman Doe,Stephen Coleman Pdf

This book provides the first comprehensive analysis of the principal legal landmarks in the evolution of the law of the established Church of England from the Reformation to the present day. It explores the foundations of ecclesiastical law and considers its crucial role in the development of the Church of England over the centuries. The law has often been the site of major political and theological controversies, within and outside the church, including the Reformation itself, the English civil war, the Restoration and rise of religious toleration, the impact of the industrial revolution, the ritualist disputes of the 19th century, and the rise of secularisation in the twentieth. The book examines key statutes, canons, case-law, and other instruments in fields such as church governance and ministry, doctrine and liturgy, rites of passage (from baptism to burial) and church property. Each chapter studies a broadly 50-year period, analysing it in terms of continuity and change, explaining the laws by reference to politics and theology, and evaluating the significance of the legal landmarks for the development of church law and its place in wider English society.

Author : Rex Ahdar
Publisher : Edward Elgar Publishing
Page : 512 pages
File Size : 42,5 Mb
Release : 2018-09-28
Category : Law
ISBN : 9781788112475

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Research Handbook on Law and Religion by Rex Ahdar Pdf

Offering an interdisciplinary, international and philosophical perspective, this comprehensive Research Handbook explores both perennial and recent legal issues that concern the modern state and its interaction with religious communities and individuals.

Author : Rowland S. Ward
Publisher : Tulip Publishing
Page : 424 pages
File Size : 55,9 Mb
Release : 2021-06-14
Category : Religion
ISBN : 9781922584014

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The Westminster Confession of Faith by Rowland S. Ward Pdf

Rowland S. Ward's guide has served as an invaluable resource for many wishing to understand the rich theological tapestry of the Westminster Confession. In this revised and expanded volume, Ward has sought to bring further clarity to, and appreciation for, this great summary of doctrinal truth. If you are looking for an easy to read exposition of the Confession with sharp analysis of its contents and relevant discussion questions -- look no further.

Author : Edward Badeley
Publisher : Unknown
Page : 79 pages
File Size : 53,9 Mb
Release : 1865
Category : Confession
ISBN : LCCN:13018392

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The Privilege of Religious Confessions in English Courts of Justice Considered, in a Letter to a Friend by Edward Badeley Pdf

Author : Ronald L. Goldfarb
Publisher : Yale University Press
Page : 300 pages
File Size : 41,7 Mb
Release : 2009-03-01
Category : Law
ISBN : 9780300155594

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In Confidence by Ronald L. Goldfarb Pdf

The variety and pervasiveness of confidentiality issues today is breathtaking. Not a day passes without a media report on a breach of confidentiality, a claim of attorney-client privilege, a journalist jailed for refusing to reveal a source, a medical or hospital record improperly disclosed, or a major business deal exposed by anonymous sources. In Confidence examines confidential issues that arise in various disciplines and relationships and considers which should be protected and which should not. Ronald Goldfarb organizes the book around professionals for whom confidentiality is an issue of weighty importance: government officials, attorneys, medical personnel, psychotherapists, clergy, business people, and journalists. In a chapter devoted to each, and in another on spousal privilege, he lays out specific issues and the laws positions on them. He discusses an array of court cases in which confidentiality issues played an important role and decisions were often surprising and controversial. Goldfarb also looks into the criteria that should be used when determining whether secrets must be revealed. His nuanced analysis reveals how federal government practices and technological capabilities increasingly challenge the boundaries of privacy, and his thoughtful insights open the door to meaningful new debate.

Author : Mark Douglas
Publisher : Rowman & Littlefield
Page : 292 pages
File Size : 51,8 Mb
Release : 2005
Category : Religion
ISBN : 0742514331

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Confessing Christ in the Twenty-first Century by Mark Douglas Pdf

Confessing Christ in the Twenty-First Century, written for the layperson and for those who lead and teach them, challenges the readers to think about how their confession is the basis for claiming not only a relationship to a savior, but a way of living in the world--a politics--that is countercultural in the literal sense of that term. At the same time, it comforts them by reminding that the Lord they proclaim is one who opens up a way of living in genuine freedom and equality with others. Douglas probes essential issues in philosophy, theology, worship, ethics, and politics in a way that offers understanding and a comprehensive view, even as it stimulates readers to explore the meaning of their faith in vigorous conversation.

Author : Paul Finkelman
Publisher : Routledge
Page : 618 pages
File Size : 40,6 Mb
Release : 2003-12-16
Category : Education
ISBN : 9781136919565

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Religion and American Law by Paul Finkelman Pdf

First published in 2000. Routledge is an imprint of Taylor & Francis, an informa company.

Author : John Cornwell
Publisher : Basic Books (AZ)
Page : 322 pages
File Size : 48,6 Mb
Release : 2014-03-04
Category : Religion
ISBN : 9780465039951

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The Dark Box by John Cornwell Pdf

Confession is a crucial ritual of the Catholic Church, offering absolution of sin and spiritual guidance to the faithful. Yet this ancient sacrament has also been a source of controversy and oppression, culminating, as prize-winning historian John Cornwell reveals in The Dark Box, with the scandal of clerical child abuse. Drawing on extensive historical sources, contemporary reports, and first-hand accounts, Cornwell takes a hard look at the long evolution of confession. The papacy made annual, one-on-one confession obligatory for the first time in the 13th century. In the era that followed, confession was a source of spiritual consolation as well as sexual and mercenary scandal. During the 16th century, the Church introduced the confession box to prevent sexual solicitation of women, but this private space gave rise to new forms of temptation, both for penitents and confessors. Yet no phase in the story of the sacrament has had such drastic consequences as a historic decree by Pope Pius X in 1910. In reaction to the spiritual perils of the new century, Pius sought to safeguard the Catholic faithful by lowering the age at which children made their first confession from their early teens to seven, while exhorting all Catholics to confess frequently instead of annually. This sweeping, inappropriately early imposition of the sacrament gave priests an unprecedented and privileged role in the lives of young boys and girls—a role that a significant number would exploit in the decades that followed. A much-needed account of confession’s fraught history, The Dark Box explores the sources of the sacrament’s harm and shame, while recognizing its continuing power to offer consolation and reconciliation.

Author : Timothy J. Mockaitis
Publisher : Xlibris Corporation
Page : 230 pages
File Size : 41,8 Mb
Release : 2008-10-31
Category : Religion
ISBN : 9781469102528

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The Seal by Timothy J. Mockaitis Pdf

"The Seal: A Priests Story" recalls the true story of an outrageous violation of religious liberty which created an unprecedented rift between the powers of Church and State. When a priest recieved the sacramental confession of a jailed inmate, in which forgiveness is offered by God alone, he did not realize that the sacred priest-penitent communication had been secretly tape recorded. Would it have helped solve the case? Or has the law violated a persons religious right? The story explores uncharted legal territory in this first impression case involving a priest, a penitent, a district attorney and the Catholic Church. It was the first time a violation of the seal of confession was alleged in a capital case in the United States, and the first time an attempt was made in court to define a violation of the seal of the confessional as a First Amendment violation. With a compelling Foreword by Francis Cardinal George, Archbishop of Chicago, this book of narrative non-fiction, written in a unique first person voice, will be of interest to Catholics and non-Catholics, clergy and parishioner alike across this nation, all people of faith, and readers independent of religious affiliation. Citizens concerned with the infringement of our Constitutional rights,in particular the right to religious freedom and privacy, and those in the legal profession will find this book a fascinating study. In the endless debate over the role of religion and faith in public life, this case offers a distinct contribution to that dialogue and presents a significant test of our American Constitution. Delve into the controversial incident that teeters dangerously between morality and ethics, law and religion. This very personal and public story is a compelling read. What Others have said: "The Seal" serves as a sharp reminder that we cannot take religious freedom for granted or stand aside when it is under duress . . ." (Francis Cardinal George - Archbishop of Chicago) "This revelation of a brazen attempt to violate the sacred privacy of the confessional and the constitutional rights of a vulnerable suspect should alert all of us. What happened in Oregon is a warning. I highly recommend this book." (Sr. Helen Prejean, Author: "Dead Man Walking" and "The Death of Innocents." "This case has more twists and turns than an Agatha Christy novel." (Sean Hannity - Fox News Network) "This is the ultimate nightmare between Church Law and Constitutional Law." (Roger Cossack - CNN). "This is unprecedented in American history . . .a Nazi tactic . . . the relationship between a priest and a penitent is sacred and cannot be violated . . ." (William Donohue - Catholic League for Religious and Civil Rights). "Out of nowhere, as it must have seemed, the performance of a rite . . . enshrined in secrecy became a matter for the media, for the courts, for the public at large . . . (Judge John Noonan - 9th Circuit Court of Appeals: 1/27/97)

Author : Paul Finkelman
Publisher : Routledge
Page : 1135 pages
File Size : 43,8 Mb
Release : 2018-05-08
Category : Political Science
ISBN : 9781351261821

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Routledge Revivals: Religion and American Law (2006) by Paul Finkelman Pdf

Originally published in 2000, the Encyclopedia of Religion and American Law, comprehensively describes and analyses important cases and legal controversies between religion and state. The book has contributions from numerous distinguished history and law professors and practicing attorneys of the period. It provides short and articulate encyclopedic style entries which capture the colour, richness and complexity of the topics covered. The book’s multidisciplinary approach will make it an ideal library reference resource for scholars and students of law, as well as a valuable addition to any legal collection.